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" " :5 e ~ c 'ê 1j ~ ~ e ~ 0 ~ :6 ~ " '" I¡! ~ '1: "ê 0. ~ C. g ~ ~ '" '6 .. '9 ~ XI a 0. ~ ~ '" 0 ,§ 'ü :is & & ~ '" .9 - ~ ~ ~ .. XI ~ .. .. ~ .. ;:: 0. .. e .. .9 e c ~ e 0. ~ '" ,5 :2 c & & :2 :ë ~ :2 .. ~ ~ .§ '" ~ c ë. ,~ 0. 0. .~ ,~ .. .~ "ë e " ~ :¡¡ " ~ ~ ~ :¡¡ e :¡¡ ~ ¡j ¡:¡ ~ u ~ ¡:¡ .¡; ¡:¡ ¡¡ 0. 0. ~ .:;: ~ 0. 0. .., -< .:ß ~ .:ß .:ß ~ .:ß -< -< ~ ~ .. <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 <0 iD '" '" '" '" '" ~ '" '" '" '" '" '" '" '" .¡, ..:. '" d- o '" M .;. .;.. .¡, ..:. '" oo oo oo oo '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R-OOI-96 A RESOLUTION SETTING RATES FOR PERMITS, CONNECTION FEES, SERVICES AND WATER USAGE PURSUANT TO ORDINANCE NO. 55, SECTION 3 AND RESOLUTION NO. 101-81. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: SECTION 1. WATER PERMIT FEES REF. ORDINANCE 55 1. Service/Connection $50,00 Section 21 and 22 2, Tapping Main 30,00 Section 9 3, DisconnectionlReconnection Requests 20.00 Section 12 4, HVAC 15,00 Section 20 5, Underground Sprinklers 15,00 6, Re-inspection (all) 25,00 SECTION 2. SERVICE CHARGES 1. Testing o to 6" meters Cost plus 20% 2, Violation Penalties Shut-off (7:00 AM - 3:00 PM) 50.00 Shut-off (after hours) 50,00 SECTION 3. WATER METER CHARGES 1. 3/4" Meter (Short lay length) $150,00 2, 5/8" Meter 125,00 3, I" Meter 265,00 4, 1 1/2" Meter 452.00 5, 2" Meter 618,00 6. 3" Meter (turbine) 796.00 7, Special Sizes Cost plus 25% handling 8, Laterals $24,OOIF.F, (estimate) SECTION 4. UNIT CONNECTION CHARGES 1. Residential $1,225.00 per unit 2, Non-Residential, per REC 610.00 per unit or $6,100,00 whichever is higher SECTION 5. WATER AREA CHARGES 1, Residential and Commercial $1,130,00 per acre SECTION 6. USAGE RATES 1. Water: Billed Quarterly $6,30 + 1.0111000 Gal. Minimum per quarter 8.30 Penalty/Late payment 10% 2. Sewer: Area A $10,00 per month Area B $14,00 per month SECTION 7. SANITARY SEWER RATES 1, Sewer Area Charge $1,065 per acre 2. Sewer Connection fee (Commercial Connection Fee Rate ~ 1 Connection Fee for each SAC Unit) $290,00 per unit 3, Laterals $ 24,OO/F,F. (Estimate) 4, Hookup Pel1llÎt Fee (Sewer) 40.00 plus surcharge 5. Sewer Availability Charge (Metro) 900.00 6, Plumbing (Homeowner contracts for) SECTION 8. EFFECTIVE DATE The rate charges as shown shall be effective January 1, 1996. Adopted by the City Council of the City of Andover this 2nd day of January, 1996. CITY OF ANDOVER . mv ,£, ,E, McKelvey, Mayor ATTEST: ~£¿L Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 00?-96 A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes, Section 118 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 which 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 depository for 1996 is the Anoka office ofNorwest Bank Minnesota, N.A. BE IT FURTHER RESOLVED that Norwest Investment Services Inc.; the Minnesota Municipal Money Market Fund; Firstar Trust Co. Of Minnesota; FBS Investment Services Inc.; Juran and Moody, Inc.; Merrill Lynch, Pierce, Fenner and Smith Inc.; Dain Bosworth Inc.; Dean Witter Reynolds Inc.; Piper Jaffray Inc.; Smith Barney Shearson Inc.; PaineWebber Inc.; and Investment Emporium in conjunction with Royal Alliance Associates, Inc. Be designated as additional depositories for 1996 for investment and cash management purposes only. BE IT STILL FURTHER RESOLVED that the Treasurer ofthe City of Andover is hereby designated as the approval authority for the release and acceptance of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. Adopted by the Andover City Council on the 2nd day of January, 1996. CITY OF ANDOVER ATTEST: LL d¿¿, Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 003-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON IMPROVEMENTS OF WATERMAIN. STORM SEWER AND STREETS IN THE CROOKED LAKE BOULEVARD AREA WHEREAS, pursuant to Resolution No. 140-95 adopted the ...1&. day of Auaust . 19 95, a Feasibility Report has been prepared by Maier-Stewart and Associates for the improvements; and WHEREAS, such report was received by the City Council on the 2nd day of Januarv , 19 96; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 619,100,00 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, 95-14. 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 $ 619,100.00, 3. A public hearing shall be held on such proposed improvement on the ~ day of Februarv , 19 96 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 Dehn and adopted by the City Council at a reQular meeting this 2nd day of Januarv ,19 96, Jacobson with Councilmembers McKelvey, Dehn , Kniqht , Kunza , voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ¡J ( /;10 1(6 /E. McKelvey - Mayor lLj~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 004-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN. STORM SEWER AND STREET, FOR PROJECT 94-7 , SHARON'S 2ND ADDITION ' THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 61.408,52 and the expenses incurred or to be incurred in the making of such improvement amount to $ 21,874.66 and work previously done amount to $ 26,063.94 so that the total cost of the improvement will be $ 109,347.12 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 109.347,12 2, Assessments shall be payable in semi-annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 15th day of April 1996 , and shall bear interest at the rate of L- 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 n~hn and adopted by the City Council at a reoular meeting this 2nd day of January , 19 96, with Councilmembers .T,wobson. M<"Kp 1 VPy, nphn Knn"''' , Kni'f8tng in favor of the resolution. and Councilmembers , none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: a, £. Jt¡ r, J!J~ bf E, McKelvey - Mayor 'ð LLA:"/ lvæ Victoria Volk - City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO, ROO5-96 A RESOLUTION ADOPTING THE 1996 RISK MANAGEMENT FUND BUDGET, WHEREAS, the preparation and adoption of operating budgets is recognized as a sound financial practice; and WHEREAS, the Risk Management Fund was established to provide self insurance for insurance deductibles, separation from service pay and other unforeseen losses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby establishes the 1996 Risk Management budget as submitted in the amount of $20,000, Adopted by the City Council of the City of Andover this 16th day of January, 1996, CITY OF ANDOVER Attest: ß· {, }?J~~~ If E, McKelvey - Mayor l:t:,:.__ ¡/dL Victoria Volk - City Clerk CITY OF ANDOVER, MINNESOTA 1996 ANNUAL BUDGET . UND DEPARTMENT DIVISION ACCOUNT RISK MANAGEMENT FINANCIAL ADMIN. AGENCY 703.41530 CODE 1994 1995 BUDGET 1996 BUDGET NQ. CLASSIFICATIONS ACTUAL ADOPTED REVISED PROPOSED Personal Services 101 Full-time Reg. Hr. Earnings $ - $ 4,140 $ 4,140 $ 4,320 121 PERA Contributions - 185 185 194 122 F.I.CA Contributions - 260 260 268 125 Medicare Contributions - 60 60 63 131 Health Insurance - 300 300 207 133 Life Insurance - 5 5 5 Total $ - $ 4950 $ 4 950 $ 5057 Supplies and Materials 207 Training Supplies $ - $ 500 $ 500 $ 500 210 Operating Supplies - 1 000 1 000 1 000 Total $ - $ 1 500 $ 1 500 $ 1 500 I Purchased Services 301 Professional Services $ - $ 1,000 $ 1.000 $ 1,000 Other Services and Charges 433 Dues/Registrations $ - $ 3,000 $ 3,000 $ 3,000 499 Contingency - 23 330 23 330 9443 Total $ - $ 26 330 $ 26 330 $ 12443 GRAND TOTAL $ - $ 33.780 $ 33.780 $ 20.000 CITY OF ANDOVER, MINNESOTA 1996 ANNUAL BUDGET FUND DEPARTMENT DIVISION RISK MANAGEMENT FINANCIAL ADMIN AGENCY REVENUES CODE 1994 1995 BUDGET 1996 BUDGET till. CLASSIFICATIONS ACTUAL ADOPTED REVISED PROPOSED Revenue 36210 I nterest Earned $ - $ 400 $ 400 $ 500 36230 Contributions - 2,500 2.500 2,500 36243 Flex Benefit Plan 5,500 5,500 - 36244 Insurance Admin, Fee 19,500 19,500 - 36260 Reimbursements - 12880 12880 17,000 GRAND TOTAL $ - $ 40,780 $ 40,780 $ 20,000 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO, ROO6-96 A RESOLUTION ADOPTING THE 1996 DEBT SERVICE BUDGET, WHEREAS, the preparation and adoption of operating budgets is recognized as a 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 Andover City Council has the responsibility to appropriately and efficiently manage the funds of the City; and WHEREAS, the City of Andover complies with the State of Minnesota truth in taxation requirements including soliciting public input through a public hearing; and WHEREAS, the city Council of the City of Andover passed Resolution Number R160-95 establishing the 1996 Levy, NOW, THEREFORE, BE IT RESOLVED that the Andover City Council hereby establishes the 1996 Debt Service budget as submitted, Adopted by the City Council of the City of Andover this 16th day of January, 1996, CITY OF ANDOVER Attest: a- ;.lnt/~~ I E, McKelvey - Mayor Ú~ iJ"d Victoria Volk - City Clerk CITY OF ANDOVER, MINNESOTA 1996 ANNUAL BUDGET UND CLASSIFICATION DIVISION QEßI GENERAL OBLIGATION BONDS DEBT SERVICE CODE 301 m GO DEBT .MQ. CLASSI FICA TIONS EQUIP. CERT. FIRE STATION TOTAL Revenue 31 01 0 Property Taxes $ 67,098 $ 196,280 . $ 263,378 31040 Fiscal Disparities 14,243 52,991 67,234 33401 Local Government Aid 2,708 9.987 12,695 33402 Homestead Credit 25,191 92.886 118,077 36210 Interest Earnings 30,630 - 30,630 39210 Transfer from Water and Sewer 37,630 - 37,630 Total $177 500 $ 352 144 $ 529 644 Expenditures 47000 Debt Service 601 Principal $106,000 $ 250,000 $ 356,000 ( '111 Interest 35,668 85.375 121,043 ~20 Fiscal Agent Fee - - - Total S 141.668 S 335,375 S 477.043 Excess of Revenue over Expenditure S 35,832 S 16,769 S 52,601 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 007-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS PROJECT NO, 94-7, SHARON'S 2ND ADDITION , WHEREAS, pursuant to proper notice duly given to the developer, the developer has waived the assessment hearing and the right to appeal, the council has not heard any 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 of the assessment levied against it. 2, Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in April 19 96 and shall bear interest at a rate of 7 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 too the date of payment, to the City Treasurer. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 16th day of Januarv, 1996 ,with Councilmembers Jacobson, Kniaht. McKelvev. Dehn (absent), Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: t&. t. me--Js:,~ .E, McKelvey - Mayor d'd::~J ¡);/L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 008-96 A RESOLUTION APPROVING THE FINAL PLAT OF NIGHTINGALE RIDGE AS BEING DEVELOPED BY NORTH SUBURBAN DEVELOPMENT. INC. IN SECTION 15, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Council approved the preliminary plat of Niahtinaale Ridae ; and WHEREAS, the developer has presented the final plat of Niahtinaale Ridoe, WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Niahtinaale Ridae contingent upon receipt of the following: 1, City Attorney presenting a favorable title opinion, 2, Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer, 3. The developer provide a performance bond or a one-year warranty escrow as determined for the street and storm sewer improvement as determined by the City 6ngineer from the time €ol1struction is €omplete and accepted, l:Þy the City. 4, The developer escrow for the uncompleted grading, survey monumentation, street and utility improvements, etc. of the site which is to be determined by the City Engineer and shall enter into a development contract with the City, If the site is complete, a letter from the developer's engineer is required that all lots and streets are graded according to the grading plan submitted and approved by the City, 5. Street light cost to be paid to Anoka Electric Cooperative, 6, Park dedication is to be cash in lieu of land as required in Ordinance 10, Section 9.,07, 7, Receipt of all (if necessary) drainage and utility easements outside the plat. BE IT FURTHER RESOLVED citing the following: 1, A variance be granted for Ordinance 8, Section 6,02 and Ordinance 10, Section 9,06 A3 as the lots do not meet the minimum requirement of 300 feet at the front setback line for the following: Block 2, Lots 1 & 2; Block 3, Lot 1, 2, Require Outlot A (indicated on preliminary plat) be combined with the Julsrud/Heidelberger property prior to recording of final plat at the County of Anoka. 3. Obtain the deed for drainage and utility easement from the Family of Christ Lutheran Church which will need to be reviewed, approved and accepted by the City Council prior to the recording of the final plat at the County of Anoka, 4. The easement for the driveway across the plat be vacated and documentation be provided prior to recording of the final plat at the County of Anoka, 5. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer, 6, The devaoperis'respunsible1tol'obtaimalilpermits from the Watershed Management Organization, DNR, Corps of Engineer, LGU, MPCA and any other agency that is interest in the site. Adopted by the City of the City of Andover this 16th day of Januarv ,19 96. CITY OF ANDOVER ATTEST: ç. t. M~~47 ßi,E. McKelvey - Mayor d¿z;.J ¡/r/L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 009-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER NO, -1- TO PROJECT NO, 94-22, CROWN POINTE EAST WHEREAS, the City of Andover has a contract for Project No, 94-22, Crown Pointe East with C.W, Houle, Inc. of Shoreview, MN . NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No, 94-22 . MOTION seconded by Council member Kniaht and adopted by the City Council at a reaular meeting this 16th day of Januarv ,1996, with Councilmembers Jacobson. Knight. McKelvev, Dehn (absent), Kunze (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: f). t. Þ?~ ~~ Ij,E. McKelvey - Mayor .~ If¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 010-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO C,w. HOULE, INC FOR PROJECT NO, 94-22 FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREET CONSTRUCTION IN THE FOllOWING AREA: CROWN POINTE EAST , WHEREAS, pursuant to a written contract signed with the City of Andover on March 7 .19~, C,W, Houle, Inc. of Shoreview. MN has satisfactorily completed the construction in accordance with such contract NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full, MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 16th day of Januarv ,19 96, with Councilmembers Jacobson. Kniaht. McKelvev, Dehn (absent). Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. fZ. &~~~ ßt.E. McKelvey - Mayor d.L;,:..., tf.JL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RO 11-96 A RESOLUTION APPROVING THE VARIANCE REQUEST OF TAYLOR MADE HOMES TO ORDINANCE NO. 8, SECTION 6.02, WHICH REQUIRES A MINIMUM OF A THIRTY-FIVE (35' ) FOOT SIDEYARD SETBACK FROM A STREET ON THE PROPERTY LOCATED AT 916 - 140TH LANE NW, LEGALLY DESCRIBED AS LOT 20, BLOCK 8, HILLS OF BUNKER LAKE 5TH ADDITION. WHEREAS, Taylor Made Homes has requested a five (5' ) foot variance to Ordinance No. 8 , Section 6.02, which requires a minimum of a thirty-five ( 35' ) foot sideyard setback from a street on the property located at 916 - 140th Lane NW, legally described as Lot 20, Block 8, Hills of Bunker Lake 5th; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8 , Section 5.04 and that a hardship does exist due to the shape of the lot; and WHEREAS, the planning and Zoning Commission recommends to the City Council approval of the variance requested. 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 variance request of Taylor Made Homes on said property. Adopted by the City Council of the City of Andover on this 16th day of January, 1996. CITY OF ANDOVER ATTEST: Ii. t. ÞJe-Jj~ fð. E. MCKelvey, M or £L;;~ ¡j~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R012-96 A RESOLUTION MAKING A NEGATIVE DECLARATION ON THE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR THE SUBDIVISION KNOWN AS "SHADOWBROOK" LOCATED IN SECTIONS 25 AND 36 OF THE CITY OF ANDOVER. WHEREAS, in accordance with Minnesota Rules, Chapter 4410.4300, Subpart 19, an EAW is required for the subdivision to be known as "Shadowbrook; and WHEREAS, Chapter 4410.4300, Subpart 19A, states that the local government unit (City of Andover) is the responsible government unit (RGU) ; and WHEREAS, an Environmental Assessment Worksheet (EAW) was prepared, reviewed and distributed for comment; and WHEREAS, comments were received from various agencies during the thirty (30 ) day comment period; and WHEREAS, the Ci ty Council in making the decision on the need for an EIS postponed the decision for thirty ( 30) days in accordance with Chapter 4410.1700 to receive the lacking information necessary to make a reasoned decision on the potential for significant environmental effects of the project known as "Shadowbrook"; and WHEREAS, the City Council (RGU) on January 16, 1996 reviewed the lacking information and based on their review of the information hereby declares and makes a negative declaration on the need for an EIS for said project; and WHEREAS, the City Council in making a negative declaration finds the following: 1. The concerns from the various agencies basically centered on the protection of wetlands and plant species. The countervailing evidence from an environmental firm which investigated the concerns addressed the comments. 2. The issues on wetland protection raised during the comment period will be addressed and applied during the planning process by Staff and the developer and permitting process of the various agencies. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover acting as the RGU, after consideration of the comments received from the responding agencies and by its determination considering the requirements in Part 4410.1700, hereby makes a negative declaration on the need for an EIS for the subdivision/project known as "Shadowbrook" located in Sections 25 and 36, City of Andover, Anoka County, Minnesota. -- Page Two Resolution - Negative Declaration Shadowbrook - EIS City Council Meeting January 16, 1996 Adopted by the City Council of the City of Andover on this 16th day of January, 1996. CITY OF ANDOVER JJt'. ~v/~t.~ ATTEST: é/l. E. McKelvey, M or iL~~ Victorla Vo k, Clty Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 013-96 MOTION by Council member Dehn to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF CRACKS EALI NG PROJECT NO, 96-3 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No, 96-3 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate the City Enaineer as the Engineer for this improvement and he is directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this ...§!!:L day of Februarv , 1996, with Council members Dehn, Jacobson. Kunza, McKelvev. Kniaht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ,¿~ ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 014-96 MOTION by Council member Dehn to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SEAlCOATING PROJECT NO, 96-4 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No, 96-4 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate the Citv Enaineer as the Engineer for this improvement and he is directed to prepare plans and specifications for such improvements, MOTION seconded by Council member Jacobson and adopted by the City Council at a reaular meeting this --ª1tL day of February ,1996, with Councilmembers Dehn. Jacobson, Kunza, McKelvey, KniQht yoting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: {2 { )flu {j1,/~ eYE. McKelvey - Mayor i;t;;¿/ ðdb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 015-96 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-ª!L TO PROJECT NO. 93-7 , CITY HALL PARK COMPLEX #2 WHEREAS, the City of Andover has a contract for Project No, 93-7, with F.M. Fraltalone Excavatina of St. Paul. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No, 93-7 MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this 6th day of Februarv , 19 96, with Councilmembers Dehn, Jacobson. Kniaht. McKelvey, Kunza voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: II {. Îll, f!oi7 {jE. McKelvey - Mayor (LÇ;dJ ÆÆ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 016-96 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #3.- TO PROJECT NOS. 94-10 (JONATHAN WOODS), 94-8 (FOXBERRY FARMS) AND 94-5 (SUPERAMERICA ADDITION WATERMAIN) WHEREAS, the City of Andover has a contract for Project Nos. 94-10. 94- 8 and 94-5 with S.R. Weidema, Inc. of Brooklvn Center, MN, NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos. 94-10, 94-8 and 94-5, MOTION seconded by Council member Jacobson and adopted by the City Council at a reQular meeting this 6th day of Februarv , 19 96, with Councilmembers Dehn, Jacobson, Kniaht, McKelvev, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (j, C· ÞJ0 ~~ irE. McKelvey - Mayor . iL . ,[¿¿ L~,J ¿. Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 017-96 MOTION by Council member Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-.L TO PROJECT NOS, 94-9 (FOX WOODS), 94-6 (HARTFIEL'S ESTATES), 94-7 (SHARON'S 2ND ADDITION), POND C PUMPING FACILITY AND 93-30 (BUNKER LAKE BOULEVARD SERVICE ROAD) WHEREAS, the City of Andover has a contract for Project Nos. 94-9, 94- 6, 94-7. Pond C PumpinQ Facilitv and 93-30 with S,R. Weidema, Inc, of Brooklvn Center, MN, NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos. 94-9, 94-6, 94-7, Pond C PumpinQ Facility and 93-30. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reQular meeting this 6th day of Februarv , 19 96, with Councilmembers Dehn, Jacobson, Kniaht. McKelvey, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: a· fi. mC/ktji~Q~ {IE. McKelvey - Mayor ~ .i£~ ILa Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 018-96 MOTION by Council member Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #l TO PROJECT NOS, 94-10 (JONATHAN WOODS). 94-8 (FOXBERRY FARMS) AND 94-5 (SUPERAMERICA ADDITION WATERMAIN) WHEREAS, the City of Andover has a contract for Project Nos. 94-10, 94- 8 and 94-5 with SR. Weidema, Inc, of Brooklvn Center. MN, NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos, 94-10, 94-8 and 94-5, MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reQular meeting this 6th day of Februarv , 19 96, with Councilmembers Dehn, Jacobson. Kniaht. McKelvev. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: ~', 5cKelJ;::{*1 ([ZA~ W Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 019-96 A RESOLUTION VACATING A ROAD EASEMENT AT 610 - 155TH AVENUE NW. WHEREAS, pursuant to published and mailed notice, the City Council has conducted a public hearing on the road easement located at 610 - 155th Avenue NW. WHEREAS, as a result of such hearing and review, the City Council recommends vacation of said road easement, legally described as follows: Description to vacate road easement over, under and across the following described property: The easterly 33,0 feet of that part of the northwest Quarter of Section 24, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the Southwest corner of the Nordeen Addition being the point of beginning; thence North along the West line of said Nordeen Addition approximately 188 feet to a point thereon distant 1222.5 feet South of the North line of said Northwest Quarter of Section 24 as measured parallel with the West line of said Northwest Quarter; thence west parallel with the North line of said Northwest Quarter; 233 feet; thence Southerly in a straight line to a point which intersects the South line of Nordeen Addition, extended; thence Easterly in a straight line to the point of beginning. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby agree to vacate said road easement. Adopted by the City Council of the City of Andover this 6th day of Februarv , 19 96, CITY OF ANDOVER ATTEST: ~. { )Jk ~*' ,E. McKelvey - Mayor ;L~~ ¡j/L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 020-96 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREETS, WATERMAIN, STORM AND SANITARY SEWER PROJECT NO. 95-14 IN THE CROOKED LAKE BOULEVARD AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. WHEREAS, Resolution No, 003-96 of the City Council adopted on the 2nd day of January , 19 96, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 6th day of Februarv ,19 96; 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, 95-14 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Maier Stewart and Associates as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. BE IT FURTHER RESOLVED that the City Engineer is to obtain all the necessary drainage and utility easements before construction, MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this ..ill!:L... day of February ,19 96, with Councilmembers Kniaht, Jacobson, McKelvey, Dehn, Kunza (Abstain) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~' { h?v~t~ .E. McKelvey - Mayor i /l;t;~ ¡j¿v Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R021-96 A RESOLUTION GRANTING THE LOT SPLIT/VARIANCE REQUEST OF ALAN AND EDNA BRUNKOW TO CREATE TWO ( 2 ) PARCELS PURSUANT TO ORDINANCE NO. 40 AND GRANTING A SPECIAL USE PERMITjVARIANCE TO ALLOW FOR THE CONTINUED PLACEMENT OF AN ACCESSORY STRUCTURE PRIOR TO THE CONSTRUCTION OF A PRINCIPAL STRUCTURE ENCROACHING INTO THE REQUIRED SIDEYARD SETBACK ON THE PROPERTY LOCATED AT 17069 CROSSTOWN BOULEVARD NW, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Alan and Edna Brunkow have requested a lot split/variance to create two (2 ) lots pursuant to Ordinance No. 40 and a Special Use permit/variance to allow an accessory structure to remain on the parcel prior to the construction of a principal structure which encroaches into the required sideyard setback on the property located at 17069 Crosstown Boulevard NW (PIN 12-32- 24-14-0003), legally described on Exhibit A; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Sections 4.05 and 5.03; and WHEREAS, the Planning and Zoning Commission finds the request is consistent with the Comprehensive Plan and 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 and there was one person opposing the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split/variance and Special Use Permit as requested with conditions. NOW, THEREFORE, BE IT RESOLVED, that the Ci ty Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow the lot split/variance and Special Use Permit request on said property with the following conditions: 1. That construction be initiated on the principal structure on the newly created lot within one year from the sale of the lot. 2 . That the applicant pay a park dedication fee pursuant to Ordinance No. 10, Section 9.07 on the newly created lot. Page Two Resolution - Lot Split/Variance/Special Use Permit 17069 Crosstown Boulevard NW Alan & Edna Brunkow 3. That the Building Department ascertain that the lot is actually buildable prior to the lot split being granted. 4. That the existing well and septic system on the northernmost parcel meet setback requirements. 5. Setback from Crosstown Boulevard be met on the principal structure of the southernmost parcel. 6. That the lot split/variance be subject to a sunset clause as defined in Ordinance No. 40, Section III (E) . approval. Adopted by the City Council of the City of Andover on this - 6th day of February, 1996. CITY OF ANDOVER r, , t 1'4,,-,~ ATTEST E. McKelvey, ayor L-"- ' ¡{d- j --<-./2--1-__ 'pL- victoria Volk, City Clerk EHHIBIT A LEGAL DESCRIPTION Unplatted Grow Township. Part of the Southeast Quarter of the Northeast Quarter of Section 12, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the northeast corner of said Southeast Quarter of the Northeast Quarter; thence west along the north line of said section a distance of 550.64 feet to the point intersecting with the centerline of CSAH No. 18 as it is now laid out and traveled; thence southwesterly along the centerline of said CSAH No. 18 a distance of 84.03 feet to the point of beginning of the tract of land to be described; thence continuing along said centerline of CSAH No. 18 in a southwesterly direction for a distance of 425 feet; thence southeasterly along a line having a bearing of south 46 degrees 35 minutes and 14 seconds east a distance of 500 feet; thence northeasterly on a line parallel to the centerline of said CSAH No. 18 a distance of 425 feet; thence northwesterly on a line parallel to the southeasterly line of this tract 500 feet to the point of beginning; except roads; subject to easements of record. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R022-96 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF BRIAN AND CORRINE SMITH TO CONSTRUCT AN ACCESSORY STRUCTURE PRIOR TO THE CONSTRUCTION OF A PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED SOUTH OF 124 - 170TH AVENUE NW, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Brian and Corrine Smith have requested a Special Use Permit to construct an accessory structure prior to the construction of a principal structure on the property legally described on Exhibit A; and WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 4.05 and 5.03; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the Ci ty Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission and approves the request of Brian and Corrine Smith to construct an accessory structure prior to the construction of a principal structure on said property with the following conditions: 1. The intent is that the 34 acres south of the residential property (Lot 2, Block 2, Birchwood Pond) owned by the applicant be combined and that the Special Use Permit is for that use on that parcel. 2. There is a sunset clause in the event the property is sold, construction of a principal structure on the property is initiated within one year of the sale of the property. 3. The applicant shall place the structure in accordance with the minimum setback requirements of the designated zoning district. 4 . The applicant shall place the accessory structure so as to accommodate the future placement and construction of a principal structure. 5. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No. 8, Section 5.03(D). 6. The Constructed accessory structure will only be used for the owner's private use. Adopted by the City Council of the city of Andover on this 6th day of February, 1996. ANDOVER At~:, d yor l'U4../ ~.,:!,L.- Vlctoria Volk, City Clerk EXHIBIT A LEGAL DESCRIPTION PIN 12-32-24-14-0012 Lot 2, Block 2, Birchwood Pond. PIN 12-32-24-41-0002 The North 990.00 feet of the Southeast Quarter of Section 12, Township 32, Range 24, Anoka County, Minnesota, lying southeasterly of Crosstown Boulevard NW (also known as CSAH No. 18) except the south 330 feet lying west of the east 1100.00 feet as measured from the east line east of the northeast Quarter of the Southeast Quarter thereof and except the north 300 feet lying west of the east 279.65 feet of said Quarter, Quarter thereof. Subject to easements of record. PIN 12-32-24-41-0003 Unplatted Grow Township. That part of the North 300.00 feet of the North Half of the Southeast Quarter of Section 12, Township 32, range 24, Anoka County, Minnesota lying easterly of the centerline of CSAH No. 18 as now laid out and travelled and a line westerly of the East 279.65 feet thereof. Subject to easements of record. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 023-96 A RESOLUTION ORDERING CONDEMNATION FOR RIGHT-OF-WAY, GRADING AND TEMPORARY EASEMENTS THAT ARE NECESSARY TO BE INCLUDED WITH PROJECT 94-33, COMMERCIAL BOULEVARD EXTENSION WHEREAS, the City Council approves the condemnation for the following properties: 343224310012 34322431 0015 34 32 24 42 0003 WHEREAS, the City Council allows the City Attorney and City Staff to determine the proper method of proceeding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby authorize the City Attorney to proceed with condemnation and to include these parcels with Project 94-33 . Adopted by the City Council of the City of Andover this 6th day of February ,19 96, CITY OF ANDOVER ATTEST: () r )¡JC/ ¥ J;t# IE. McKelvey - Mayor ¡[~ !Úb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 024-96 A RESOLUTION APPROVING THE REVISED FINAL PLAT OF NIGHTINGALE RIDGE AS BEING DEVELOPED BY NORTH SUBURBAN DEVELOPMENT,INC, IN SECTION 15, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Council approved the preliminary plat of Niahtinaale Ridae ; and WHEREAS, the developer has presented the revised final plat of Niahtinaale Ridae. WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised final plat of Niahtinaale Ridae contingent upon receipt of the following: 1, City Attorney presenting a favorable title opinion, 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer, 3, The developer provide a performance bond or a one-year warranty escrow as determined for the street and storm sewer improvement as determined by the City Engineer from the time construction is complete and accepted by the City, 4. The developer escrow for the uncompleted grading, survey monumentation, street and utility improvements, etc. of the site which is to be determined by the City Engineer and shall enter into a development contract with the City, If the site is complete, a letter from the developer's engineer is required that all lots and streets are graded according to the grading plan submitted and approved by the City. 5. Street light cost to be paid to Anoka Electric Cooperative. 6. Park dedication is to be cash in lieu of land as required in Ordinance 10, Section 9,,07, 7. Receipt of all (if necessary) drainage and utility easements outside the plat. BE IT FURTHER RESOLVED citing the following: 1, A variance be granted for Ordinance 8, Section 6.02 and Ordinance 10, Section 9.06 A3 as the lots do not meet the minimum requirement of 300 feet at the front setback line for the following: Block 2, Lots 1 & 2; Block 3, Lot 1, 2, Obtain the deed for drainage and utility easement from the Family of Christ Lutheran Church which will need to be reviewed, approved and accepted by the City Council prior to the recording of the final plat at the County of Anoka, 3. The easement for the driveway across the plat be vacated and documentation be provided prior to recording of the final plat at the County of Anoka. 4, Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer, 5. The developer is responsible to obtain all permits from the Watershed Management Organization, DNR, Corps of Engineer, LGU, MPCA and any other agency that is interest in the site. Adopted by the City of the City of Andover this 20th day of Februarv, 19 96, CITY OF ANDOVER ATTEST: 0, { /~ . E. McKelvey - Mayor ( Ii (;~c/%.-J ,/dL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 025-96 MOTION by Councilmember KniQht to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN, FOR PROJECT 95-25, 1529 -148TH LANE NW. THE CITY COUNCIL F THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 9,753,20 so that the total cost of the improvement will be $ 9,753.20 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 $ -0- the amount to be assessed against benefited property owners is declared to be $ 9,753,20 2, Assessments shall be payable in equal annual installments extending over a period of 2- years, The first of the installments to be payable on or before the 1 st Monday in January 1997 ,and shall bear interest at the rate of 7 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 Dehn and adopted by the City Council at a reQular meeting this 20th day of Februarv ,19 96, with Councilmembers KniQht. Dehn, McKelvev, Jacobson. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ç), { 4;?_~~ d~, d4 v-:VE. McKelvey - Mayor J ~ {/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 026-96 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN PROJECT NO. 95-25, 1529 -148TH LANE NW, WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1 st Monday in January, 19 97 and shall bear interest at a rate of 7 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 Council member Dehn and adopted by the City Council at a reaular meeting this 20th day of Februarv ,19 96, with Councilmembers Kniaht. Dehn, McKelvev. Jacobson, Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: tl {. )J}/, J¡;b ~~E. McKelvey - Mayor /: ({;z:,-;~ ¿J~b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 027-96 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION IDENTIFYING THE METHOD OF ASSESSMENT FOR WATERMAIN AND SANITARY SEWER PROJECT NO, 95-14 IN THE CROOKED LAKE BOULEVARD AREA. WHEREAS, Resolution No, 003-96 of the City Council adopted on the 2nd day of Januarv , 19 96, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 6th day of Februarv ,19 96; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and WHEREAS, Resolution No. 020-96 of the City Council adopted on the 6th day of Februarv , 19 96 ordered the project improvement. WHEREAS, the following assessment method will be used for Project 95- 14: 1. Defer water and sewer improvement assessments until such a time as the property owner requests connection to the City's water and sewer system, 2, The assessments will be deferred without interest until such time as connection is requested by the property owner. 3. At the time the request for connection is made the City Clerk shall have the deferred assessment recategorized as an assessment to that property and the assessment will be payable in installments over a period of 10 years at a rate of.l. percent. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to adopt the assessment method identified herein for Project 95-14. MOTION seconded by Council member Dehn and adopted by the City Council at a reoular meeting this 20th day of F ebruarv ,19 96, with Councilmembers Kniohl. Dehn, McKelvev, Jacobson, Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: /l { )7;& 1(47 &1. E. McKelvey - Mayor If ±' IJL )--<1/L-~ /; ._ .-' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R028-96 A RESOLUTION APPROVING THE VARIANCE REQUEST OF RADEMACHER AND ASSOCIATES TO ORDINANCE NO. 8 , SECTION 8.08, WHICH REQUIRES ALL OFF-STREET PARKING FACILITIES TO BE SET BACK TWENTY (20' ) FEET IN THE FRONT YARD AND TO SECTION 8.04 WHICH REQUIRES A TWENTY (20' ) FOOT LANDSCAPED YARD ALONG ALL STREETS ON THE PROPERTY LOCATED AT 139xx ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 1, ANDOVER CENTER SECOND ADDITION. WHEREAS, Rademacher and Associates has requested a variance to Ordinance No. 8, Section 8.08, which requires all off- street parking facilities to be set back twenty (20' ) feet in the front yard and to Section 8.04, which requires a twenty (20' ) foot landscaped yard along all streets on the property located at 139xx Round lake Boulevard NW, legally described as Lot 1, Block 1, Andover Center Second Addition; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8 , Section 5.04 and that a hardship does exist; and WHEREAS, the Planning and zoning Commission finds that accommodations have been made by Rademacher and Associates to provide landscaped area between the frontage road and parking lot area; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance requested. 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 variance request of Rademacher and Associates on said property. Adopted by the City Council of the City of Andover on this 20th day of February, 1996. CITY OF ANDOVER ATTEST: 1, {. J7k~~ (I. E. McKelvey, yor ¿L/L d¿b Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 029-96 MOTION by Councilmember Kniaht adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS , FOR PROJECT 94-10, JONATHAN WOODS THE CITY COUNCIL F THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 192,263,07, and the expenses incurred or to be incurred in the making of such improvement amount to $ 71 ,703,82 and work previously done amount to $ 106.509.40 so that the total cost of the improvement will be $ 370.476,29 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1, The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 370,476.29 2. Assessments shall be payable in equal annual installments extending over a period of ~ years, The first of the installments to be payable on or before the 15th day of April 1996 , and shall bear interest at the rate of ---1- 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 Council member Dehn and adopted by the City Council at a reaular meeting this 20th day of Februarv ,19 96, with Council members Kniaht. Dehn, McKelvev, Jacobson, Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER 1 ATTEST: f) g,Þl& ~~ (L;; d' t4.E. McKelvey - Mayor ,// ¡j~, 4-/ rJy/L.- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 030-96 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS PROJECT NO, 94-10, JONATHAN WOODS. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429, NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April, 19 96 and shall bear interest at a rate of --L percent per annum from the date of the adoption of this assessment resolution. 2, The owners, of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Council member Dehn and adopted by the City Council at a reaular meeting this 20th day of Februarv , 19 96, with Council members Kniaht. Dehn. McKelvey, Jacobson, Kunza (absent) voting in favor of the resolution, and Councilmembers none yoting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: 0, f mr,!¡{£-;:¡ ILL;,,/ ¡J~ ÜE. McKelvey - Mayo Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 031-96 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREET, FOR PROJECT 93-31 , WOODLAND CREEK 4TH ADDITION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 220,384,11 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 89,263.59 and work previously done amount to $ 11.755.58 so that the total cost of the improvement will be $ 321 .403.28 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 5,047,59 the amount to be assessed against benefited property owners is declared to be $ 316.355,69 2, Assessments shall be payable in semi-annual installments extending over a period of 10 years, The first of the installments to be payable on or before the 15th day of April 1996 , and shall bear interest at the rate of L- 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 Dehn and adopted by the City Council at a reoular meeting this 20th day of Februarv , 19 96, with Council members Knioht. Dehn, McKelvev, Jacobson. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: () { Þ!vt;~c;r j.E, McKelvey - Mayor [;t,~, tiLL Victoria Volk - r.itv r.IArk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 032-96 MOTION by Councilmember KniQht to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS PROJECT NO. 93-31 , WOODLAND CREEK 4TH WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April, 19 96 and shall bear interest at a rate of ---1- percent per annum from the date of the adoption of this assessment resolution. 2. The owners, of any property so assessed may at any time 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 Dehn and adopted by the City Council at a reQular meeting this 20th day of Februarv ,19-ªª-, with Councilmembers KniQht. Dehn, McKelvev, Jacobson, Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Q, r, )77(, ;:;~ ;.f. E. McKelvey - Mayor Ó Ú~J j~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO,033-96 MOTION by Council member Knight to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN, STORM SEWER AND STREET, FOR PROJECT 95-1 , WOODLAND CREEK 5TH ADDITION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 100,845.97 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 44,129.12 and work previously done amount to $ 25,382.84 so that the total cost of the improvement will be $ 170,357,93 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 170,357.93 2, Assessments shall be payable in semi-annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 15th day of April 1996 , and shall bear interest at the rate of L- 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 Dehn and adopted by the City Council at a regular meeting this 20th day of February, 19 96, with Council members Kniç¡ht. Dehn, McKelvey, Jacobson, Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f) 7, !:~ ' f. me. p ?d. E, McKelvey - Mayor I ~ fa ~'~. (j/-j Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 034-96 MOTION by Council member Kniaht to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS PROJECT NO. 95-1. WOODLAND CREEK 5TH ADDITION, WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April, 19 96 and shall bear interest at a rate of --L.. percent per annum from the date of the adoption of this assessment resolution, 2. The owners, of any property so assessed may at any time 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 Dehn and adopted by the City Council at a reaular meeting this 20th day of February ,19 96, with Councilmembers Kniaht. Dehn. McKelvey. Jacobson, Kunza (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: Ç). {. )llt·/ t:1.~ /L·,I£ ¡fE. McKelvey - Mayor I./A-< ~ ' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 035-96 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO, 93-12, HillS OF BUNKER LAKE 5TH ADDITION. WHEREAS, the City of Andover has a contract for Project No, 93-12 with C,w' Houle, Inc, of Shoreview, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No, 93-12. MOTION seconded by Council member Dehn and adopted by the City Council at a reaular meeting this 20th day of Februarv , 19 96, with Councilmembers Kniaht. Dehn, McKelvev. Jacobson. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: !i ( hC/ lt~~ ((E. McKelvey - Mayor ( ~ &~~ ;;,,¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 036-96 MOTION by Council member Knioht to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO C, W. HOULE. INC FOR PROJECT NO, 93-12 FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREET CONSTRUCTION IN THE FOllOWING AREA: HillS OF BUNKER lAKE 5TH ADDITION. WHEREAS, pursuant to a written contract signed with the City of Andover on June 21 ,19..M-, C.w. Houle. Inc. of Shoreview, MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Council member Dehn and adopted by the City Council at a reoular meeting this 20th day of Februarv , 19 96, with Councilmembers Knioht. Dehn, McKelvev. Jacobson, Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~. t );;0 ~~ . . E. McKelvey - Mayor LL~.J ItdZ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R037 -96 A RESOLUTION APPROVING THE 1996 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET TO BE USED TO CONDUCT PROJECTS WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS. WHEREAS, the City Council recognizes the need to use Community Development Block Grant funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the Department of Housing and Urban Development following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the Ci ty will receive funds distributed by Anoka County to conduct projects for the residents of the City for the 1995 fiscal year; and WHEREAS, a public hearing notice was published in the Anoka Union indicating a translation service would be provided as deemed necessary; and WHEREAS, a public hearing was held and there was no opposition to the proposed 1996 projects and Budget. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the 1996 Community Development Block Grant projects and Budget. Adopted by the City Council of the City of Andover this 20th day of February, 1996. CITY OF ANDOVER ATTEST / ,~ ,I '-. ~u-/ Vlctoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 038-96 A RESOLUTION ESTABLISHING PERMIT FEES TO BE COLLECTED BY THE CITY OF ANDOVER FOR THE DEVELOPMENT OF THE TRANSPORTATION TRAIL NETWORK. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The fOllowing permit fees are hereby established: TYPE OF FEE FEE Residential Building Permit (Trail Fee) $250,00 Commercial/Industrial Building Permit (Trail Fee) $750.00 The above fees apply to all new installations. Adopted by the City Council of Andover this 6th day of March , 19 96. CITY OF ANDOVER ATTEST: Æ' ç, ///L~f:7 J,E. McKelvey - Mayor ¡~,~. I~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 039-96 A RESOLUTION ESTABLISHING A PERMIT FEE TO BE COLLECTED BY THE CITY OF ANDOVER FOR THE REMOVAL OF SEDIMENT AND DEBRIS FROM STREETS SUBJECT TO NEW DEVELOPMENT AND BUILDING ACTIVITIES, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following permit fees are hereby established: TYPE OF FEE FEE Removal of Sediment & Debris from Streets $ aD. DO/Hour (Minimum 1/2 Subject to New Development & Building Activities Hour Charge) Adopted by the City Council of Andover this 6th day of March, 19 96. CITY OF ANDOVER ATTEST: 1/ {. Jøv IirJ~ ./.1£ McKelvey - Mayor ~/ tf..¡L- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 040-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN, STORM SEWER AND STREET, FOR PROJECT 94-22, CROWN POINTE EAST THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 649.892,82, and the expenses incurred or to be incurred in the making of such improvement amount to $ 167,598,75 and work previously done amount to $ 236.606,50 so that the total cost of the improvement will be $ 1,054,098,07 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1, The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 48.751.12 the amount to be assessed against benefited property owners is declared to be $ 1.005,346,95 , 2, Assessments shall be payable in semi-annual installments extending over a period of 1 ° years, The first of the installments to be payable on or before the 15th day of April 1997 , and shall bear interest at the rate of L- 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 Dehn and adopted by the City Council at a reaular meeting this 6th day of March , 19 96, with Councilmembers Jacobson. Dehn. McKelvev. Kniaht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß. f Æ~~ 1;¿u ¿/.1, E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 041-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER WATERMAIN. STORM SEWER AND STREETS PROJECT NO, 94-22, CROWN POINTE EAST. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429, NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April, 19 96 and shall bear interest at a rate of -L percent per annum from the date of the adoption of this assessment resolution, 2, The owners, of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer, MOTION seconded by Council member Dehn and adopted by the City Council at a reaular meeting this 6th day of March ,19 96, with Councilmembers Jacobson, Dehn, McKelvey, Kniaht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: /J {t ø.~ ÇI ,me. 1d.E. McKelvey - Mayor L~ t%.Ø Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 042-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER WATERMAIN. STORM SEWER AND STREET, FOR PROJECT 94-8, FOXBERRY FARMS THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 640.633,76, and the expenses incurred or to be incurred in the making of such improvement amount to $ 194,653.53 and work previously done amount to $ 195.675.00 so that the total cost of the improvement will be $ 1,030,962.29 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1, The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 97.590,65 the amount to be assessed against benefited property owners is declared to be $ 933,371.64 2. Assessments shall be payable in semi-annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 15th day of April 1996 , and shall bear interest at the rate of L- 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 Dehn and adopted by the City Council at a reaular meeting this 6th day of March , 19 96, with Councilmembers Jacobson, Dehn. McKelvev, Kniaht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: " f,h¿~1~~ ¡ . E. McKelvey - Mayor d;4~ ~ Victoria Volk - Citv Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 043-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS PROJECT NO. 94-8, FOXBERRY FARMS. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April, 19 96 and shall bear interest at a rate of ----L- percent per annum from the date of the adoption of this assessment resolution. 2. The owners, of any property so assessed may at any time 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 Dehn and adopted by the City Council at a reQular meeting this 6th day of March ,19 96, with Councilmembers Jacobson, Dehn, McKelvey, KniQht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: g,{)ffi/)':,b, . /.),E. McKelvey - Mayor' U./ dn"L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.044-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREET, FOR PROJECT 93-12. HILLS OF BUNKER LAKE 5TH ADDITION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 1.066,018,98, and the expenses incurred or to be incurred in the making of such improvement amount to $ 286,309.47 and work previously done amount to $ 332,665.66 so that the total cost of the improvement will be $ 1 .684,994.11 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 162,806.13 the amount to be assessed against benefited property owners is declared to be $ 1 ,522. 187.98 , 2, Assessments shall be payable in semi-annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 15th day of April 1996 , and shall bear interest at the rate of L- 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 Council member Dehn and adopted by the City Council at a reQular meeting this 6th day of March ,19 96, with Councilmembers Jacobson, Dehn. McKelvey, Kniaht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ý{ /7J¿~~ ~II# fj,E. McKelvey - Mayor Victoria Volk - Citv Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 045-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS PROJECT NO, 93-12. HILLS OF BUNKER LAKE 5TH ADDITION. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April, 19 96 and shall bear interest at a rate of ~ percent per annum from the date of the adoption of this assessment resolution, 2. The owners, of any property so assessed may at any time 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 Dehn and adopted by the City Council at a reaular meeting this 6th day of March ,19 96, with Councilmembers Jacobson, Dehn, McKelvev, Kniaht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: f)'~mc--g~ ~ ¿::.j.e. McKelvey - Mayor. tf...¿¿- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 046-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREET, FOR PROJECT 94-9, FOX WOODS THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 493.343,73, and the expenses incurred or to be incurred in the making of such improvement amount to $ 156,789.98 and work previously done amount to $ 253,391,95 so that the total cost of the improvement will be $ 903,525,66 , NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1, The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 903,525,66 2. Assessments shall be payable in semi-annual installments extending over a period of 10 years, The first of the installments to be payable on or before the 15th day of April 1996 , and shall bear interest at the rate of L- 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 Council member Dehn and adopted by the City Council at a reaular meeting this 6th day of March , 19 96, with Councilmembers Jacobson, Dehn, McKelvev. Kniaht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ý' f/ he- f;~7' (ÍJ.E. McKelvey - Mayo ~ ¡/ ..-I? Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 047-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS PROJECT NO. 94-9. FOX WOODS, WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April, 19 96 and shall bear interest at a rate of ~ percent per annum from the date of the adoption of this assessment resolution. 2. The owners, of any property so assessed may at any time 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 Dehn and adopted by the City Council at a reQular meeting this 6th day of March ,19 96, with Councilmembers Jacobson. Dehn. McKelvev, Kniaht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: fJ, f. m~Æ~~ 14/ IJ,E. McKelvey - Mayo /4- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 048-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROll FOR THE IMPROVEMENT OF STREETS , FOR PROJECTS 95-7 (OAK HOllOW). 95-9 (FOREST MEADOWS). 95-10 (HAWKRIDGE/COUNTRYVIEW ESTATES) AND 95-22 (VERDIN ACRES), THE CITY COUNCil F THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 356.620,54, and the expenses incurred or to be incurred in the making of such improvement amount to $ 85.725.03 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 442.345,57 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1, The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 442,345.57 2. Assessments shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the first Monday in January ---ªL., and shall bear interest at the rate of 7 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 Dehn and adopted by the City Council at a reaular meeting this 6th day of March ,1996, with Councilmembers Jacobson. Dehn. McKelvey, Kniaht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A TrEST: ' {,Me.- , J,E. McKelvey - Mayor ,/~ ¡;{~L /j.'~ ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 049-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO BAUERl Y BROS.. INC. FOR PROJECT NOS, 95-7 (OAK HOLLOW), 95-9 (FOREST MEADOWS), 95-10 (HAWKRIDGE/COUNTRYVIEW ESTATES), 95- 22 (VERDIN ACRES) FOR THE IMPROVEMENT OF STREET CONSTRUCTION, WHEREAS, pursuant to a written contract signed with the City of Andover on Auaust 15 ,19~, Bauerlv Bros.. Inc. of Sauk Rapids. MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reQular meeting this 6th day of March , 19 96, with Councilmembers Jacobson, Dehn, McKelvey. KniQht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: j) t, Øv A-;~ ¿;:;j.E. McKelvey - Mayor ÚW tfþ Victoria Volk - City Clerk RESOLUTION NO, 050-96 RESOLUTION EST ABLlSHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Recitals, (a) The Internal Revenue Service has issued Treasury Regulations, Section 1,150-2 (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of the City's bonds used to reimburse the City for any project expenditure paid by the City prior to the time ofthe issuance of those bonds. (b) The Regulations generally require that the City make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made !Tom the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment), (c) The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2, Official Intent Declaration, The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds, The Council hereby authorizes the City Clerk '0 r Fin a nee 0 f fie e r to make the City's declarations. (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or sinùlar borrowing, Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations, (b) Each Declaration shall (I) contain a reasonably accurate description of the "project," as defined in the financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project, (c) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect to issue reimbursement bonds to finance the subject projects costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances, (d) The Council shall be advised rrom time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. 3, Reimbursement Allocations, The designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use ofthe applicable bond proceeds to reimburse the original expenditures, 4. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. Adopted this 6th day of March , 1996, by the Andover City Council. CERTIFICATION The undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, hereby certifies the tòllowing: The foregoing is true and correct copy of a Resolution on file and of official, publicly available record in the offices of the City, which Resolution relates to procedures of the City for compliance with certain IRS Regulations on reimbursement bonds, Said Resolution was duly adopted by the governing body of the City (the "Council") at a regular or special meeting of the Council held March , 1996. Said meeting was duly called, regularly held, open to the public, and held at the place at which meeting of the Council are regularly held, Councilmember Jacobson moved the adoption of the Resolution, which motion was seconded by Councilmember Dehn . A vote being taken on the motion, the following members of the Council voted in favor ofthe motion to adopt the Resolution: McKe 1 vey, Dehn, Jacobson, Kunza, Knight and the following voted against the same: Non e Whereupon said Resolution was declared duly passed and adopted, The Resolution is in full force and effect and no action has been taken by the Council which would in any way alter or amend the Resolution, WITNESS MY HAND officially as the City Clerk of the City of Andover, Minnesota, this -º-day of March , 1996. ~ ~ K [, ./. / . 9 ß .,,1/. t' ~ /)1 \...-' ',~·,/~v~~.....';'"", ,:h..;.t.:-, ¿,;..¿þ "-.-:,\ . E. McKelvey " Victoria Volk, City Clerk EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and acting City Clerk of the City of Andover, Minnesota, pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the Andover City Council to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City, 2, This Declaration relates to the following project, property or program (the "Project") and the costs thereof to be financed: SEE ATTACHED EXHIBIT B 3, The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued by the City after the date of payment of such costs. As of the date hereof, the City reasonably expects that $ 5 8 I , 3 8 2 . 5 1 is the maximum principal amount of the Bonds which will be issued to finance the Project. 4. Each expenditure to be reimbursed ITom the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1. 150-2( d) (3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in tlús Declaration are believed to be reasonable and accurate, Date: March 6, ,199~ f d-æ ¡J~~ Victoria Volk, City Clerk EXHIBIT B CITY OF ANDOVER 2/29/969:32 AMPROJECTS,XLS CAPITAL IMPROVEMENT PROJECTS 1996 BONDING Project name Proiect No, Contract Cost PreDayments Estimated Bondina Woodland Creek 5th 95-01 133.000.00 30,617.49 102,382,51 Sharon's 2nd Addition 94-7 75,000,00 75,000,00 Oak Hollow, Forest Meadows, 95-7,95,9, 404,000.00 404,000,00 Hawkridge/Country View 95-10, 95-22 Verdin Acres Total 612,000,00 30,617.49 581,382.51 ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 051-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF MISCELLANEOUS CONCRETE CURB AND GUTTER PROJECT NO, 96-6 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No, 96-6 , BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate the City Enoineer as the Engineer for this improvement and he is directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Dehn and adopted by the City Council at a reoular meeting this -º!!:L day of March ,19 96, with Councilmembers Jacobson, Dehn. McKelvev. Knight, Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: P ç, øé-;¿~ ~ j1,E. McKelvey - Mayor ~ ~ ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 052-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NOS, 95-7 (OAK HOllOW), 95-9 (FOREST I'y1EADOWS). 95-10 (HAWKRIDGE/COUNTRYVIEW ESTATES) AND 95-22 (VERDIN ACRES) WHEREAS, by a resolution passed by the City Council on March6 ,1996 , the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project Nos. 95-7 (Oak Hollow). 95-9 (Forest Meadows). 95-10 (Hawkridae/Countrvview Estates) And 95-22 (Verdin Acres) 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 16th day of April. 1996 ,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, 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 of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged of the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made, Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reaular meeting this 19th day of March ,19 96, with Councilmembers Jacobson, Dehn, McKelvev. Kniaht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ¡j, t )Jk~l~ l;tw ¡£/£ (j, E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 053-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #---1- TO PROJECT NO, 93-31, WOODLAND CREEK 4TH ADDITION, WHEREAS, the City of Andover has a contract for Project No, 93-31 with Volk Sewer and Water of Brooklvn Park. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 93-31. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reoular meeting this 19th day of March , 19 96, with Councilmembers Jacobson, Dehn, McKelvev, Knioht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: Ç), f. )jJ~y'~ #E. McKelvey - Mayor iLL tlr/Þ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 054-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...2- TO PROJECT NO. 93-31, WOODLAND CREEK 4TH ADDITION, WHEREAS, the City of Andover has a contract for Project No. 93-31 with Volk Sewer and Water of Brooklvn Park. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No, 93-31. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 19th day of March , 19 96, with Council members Jacobson, Dehn. McKelvev. Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ¡J f. mv~)~ ?ð, E. McKelvey - Mayor (L~ tJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 055-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO VOLK SEWER AND WATER FOR PROJECT NO, 93-31, WOODLAND CREEK 4TH ADDITION FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER CONSTRUCTION, WHEREAS, pursuant to a written contract signed with the City of Andover on June 7 ,19~, Volk Sewer and Water of Brooklvn Park, MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full, MOTION seconded by Councilmember Dehn and adopted by the City Council at a reaular meeting this 19th day of March , 19 96, with Councilmembers Jacobson. Dehn, McKelvev. Kniaht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: j, t ß/c- YL/ ¿/.j.E. McKelvey - Mayor r7 ~ I;-/? Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 056-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #.-..£ TO PROJECT NO. 95-1, WOODLAND CREEK 5TH ADDITION. WHEREAS. the City of Andover has a contract for Project No, 95-1 with Volk Sewer and Water of Brooklvn Park. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 95-1, MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this 19th day of March , 19 96, with Councilmembers Jacobson. Dehn, McKelvev. Knioht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: ' f þ¡c/ , 3. E. McKelvey - Mayor. i,~U Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 057-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 95·1, WOODLAND CREEK 5TH ADDITION, WHEREAS, the City of Andover has a contract for Project No, 95·1 with Volk Sewer and Water of Brooklyn Park, NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No, 95·1, MOTION seconded by Council member Dehn and adopted by the City Council at a reaular meeting this 19th day of March , 19 96, with Councilmembers Jacobson. Dehn. McKelvev. Kniaht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: f f. JJt,~b Ji,E. McKelvey - Mayor- l~ d-tt Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 058-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO VOLK SEWER AND WATER FOR PROJECT NO, 95-1, WOODLAND CREEK 5TH ADDITION FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to a written contract signed with the City of Andover on Mav2 .19 95 , Volk Sewer and Water of Brooklvn Park, MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full, MOTION seconded by Council member Dehn and adopted by the City Council at a reaular meeting this 19th day of March , 19 96, with Councilmembers Jacobson, Dehn, McKelvev, Kniaht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: II t m/ß~~ }d'.E. McKelvey - May ¡.J~ dvt:L/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. R 059-96 A RESOLUTION GRANTING THE LOT SPLITN ARIANCE REQUEST OF MARK. AND SUSAN CHRISTOFFERSON TO CREATE TWO PARCELS PURSUANT TO ORDINANCE NO, 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM DISTRICT REQUIREMENTS. WHEREAS, Mark and Susan Christofferson have requested a lot split/variance to create two parcels pursuant to Ordinance No, 40 and varying from the provisions of Ordinance No.8, Section 6,02, Minimum District requirements for an R-4, Single Family Urban District on the property located at 3982 - 146th Lane NW, legally described as Lot 26, Block 1, The Meadows of Round Lake; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; 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 and a letter was received in opposition to the request; and WHEREAS, the Planning and Zoning Commission makes no recommendation to the City Council on the lot split/variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby considers the recommendation of the Planning and Zoning Commission and approves the lot split/variance on said property with the following conditions: 1, That the lot split/variance be subject to a sunset clause as defined in Ordinance No, 40, Section nI(E), 2. A covenant be recorded that legally binds that part of Lot 26 with Lot 28, the Meadows of Round Lake so they cannot be sold separately, Page Two Lot Split/Variance Mark and Susan Christofferson March 19, 1996 Adopted by the City Council of the City of Andover on this _l2ili_ day of March, 1996, - - CITY OF ANDOVER ,[ J1JC/ t/. ATTEST ,E, McKelvey, Mayor iL !/¡-!£ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R 60 -96 A RESOLUTION STATING THE CITY OF ANDOVER'S INTENTION TO ADOPT THE AMENDED MINNESOTA "INDIVIDUAL SEWAGE TREATMENT SYSTEMS STANDARDS, CHAPTER 7080" NO LATER THAN JANUARY I, 1997. ONE YEAR EARLIER THAN REQUIRED BY THE MINNESOTA POLLUTION CONTROL AGENCY. WHEREAS, the City of Andover is required to adopt the amended Minnesota "Individual Sewage Treatment Systems Standards, Chapter 7080" by January 1, 1998; and WHEREAS, The Metropolitan Council has requested the City of Andover adopt the amended Chapter 7080 rules no later than January 1, 1997 to allow the City to receive a Metropolitan Urban Service Area (MUSA) expansion; and WHEREAS, the City of Andover agrees to adopt the amended Chapter 7080 rules by January 1, 1997 as requested by the Metropolitan Council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees to adopt said rules as requested with the following conditions: 1. That the City of Andover will be granted by the Metropolitan Council a MUSA expansion of 1,315 buildable acres as requested, 2, The Comprehensive Plan Amendment submitted in December of 1991 will be approved in its entirety, Adopted by the City Council of the City of Andover on this _l21h_ day of _March,_1996. CITY OF ANDOVER . ,Mv a~ ATTEST ,E. McKelvey, Mayor ( !l,;i;~/ d¿¿ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 061-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 96-3 , FOR CRACKSEALlNG, WHEREAS, pursuant to Resolution No, 013-96 ,adopted by the City Council on the 6th day of February , 19~, the Citv Enaineer has prepared final plans and specifications for Project 96-3 for cracksealina; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 2nd day of April ,19 96, 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 10:30 AM , Mondav, April 29 , 19 96 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reaular meeting this 2nd day of April , 1996, with Councilmembers Jacobson. Dehn. McKelvev, Kunza, Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: " (, øc-J{; I .E. McKelvey - Mayor ~!Ú? Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 96-4 , FOR SEALCOATING. WHEREAS, pursuant to Resolution No. 014-96 , adopted by the City Council on the 6th day of Februarv , 19~, the Citv Enqineer has prepared final plans and specifications for Project 96-4 for sealcoatinq; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 2nd day of April ,19 96, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications, BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 11 :00 AM , Mondav, April 29 ,19 96 at the Andover City Hall, MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this 2nd day of April ,1996, with Councilmembers Jacobson, Dehn. McKelvev, Kunza, Kniqht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: y, f! Æ?v ~b it. E. McKelvey - Mayor L;T-:.., / ¡)ß Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 063-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING QUOTATIONS FOR PROJECT NO. 96-6, FOR MISCELLANEOUS CONCRETE CURB & GUTTER WHEREAS, pursuant to Resolution No, 051-96 ,adopted by the City Council on the 6th day of March , 19 --ªº-, the City Enaineer has prepared final plans and specifications for Project 96-6 for miscellaneous concrete curb and Qutter ; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 2nd day of April ,19 96, 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 quotations as required by law, with such quotations to be opened at 11 :30 AM , Mondav. April 29 ,1996 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reaular meeting this 2nd day of April , 1996,with Councilmembers Jacobson, Dehn, McKelvey. Kunza. KniQht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: j.! /ø;. Aj~~ 0.E. McKelvey - Mayor ~ IJ..-a Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 064-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING A VARIANCE REQUEST BY ASHFORD DEVELOPMENT FOR WEYBRIDGE 3RD ADDITION . WHEREAS, after such review the City Council recommends approval of the request. WHEREAS, the City Council is in agreement with the recommendation given by the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the variance request of Ashford Development from the provisions of Ordinance 10, Section 7.02E for Wevbridae 3rd Addition as subdivided and described, Adopted by the City Council of the City of Andover this 2nd day of April , 19 96. CITY OF ANDOVER ATTEST: ' t. !JJú ' .E. McKelvey - Mayo ~/~ Victoria Volk - City Clerk CiTY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 065-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE PUBLIC HEARING WITH THE CITY COUNCIL FOR WEYBRIDGE 3RD ADDITION WHEREAS, such preliminary plat was presented to the City Council for their review on the 2nd day of April , 19--ªª-. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the public hearing for the preliminary plat of Weybridae 3rd Addition . MOTION seconded by Councilmember Dehn and adopted by the City Council at a reaular meeting this 2nd day of April , 19 96 , with Councilmembers Jacobson. Dehn. McKelvey, Kunza, Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j, t. m& ;¿~ UE. McKelvey - Mayor ;L¿ tf ,.¡¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 066-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER IN THE WEYBRIDGE 3RD ADDITION AREA. WHEREAS, the City Council has received a petition, dated March 29, 1996 ,requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1, The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2, Escrow amount for feasibility report is -0- 3, The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report, MOTION seconded by Councilmember Dehn and adopted by the City Council at a reaular meeting this 2nd day of April , 19 96, with Councilmembers Jacobson, Dehn, McKelvev, Kunza, Kniaht (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß { ;Wv<~, ~ tiE. McKelvey - Mayor ¡/..Lt Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 067-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 92-19 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA WEYBRIDGE 3RD ADDITION, WHEREAS, the City Council did on the 2nd day of April ,1996, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 2nd day of April , 19 96; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 302,046,94 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 302,046.94 ,waive the Public Hearing and order improvements, BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby require the developer to escrow for the sum of $ 10,000 (alreadv escrowed previouslv) with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Dehn and adopted by the City Council at a reQular meeting this 2nd day of April ,19 96, with Councilmembers Jacobson, Dehn, McKelvev, Kunza, KniQht (absent) voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: l { );¡c-<~ ~ ¡}4 /.Î.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 068-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 92-19 , FOR SANITARY SEWER. WATERMAIN, STREET AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to Resolution No. 067-96 , adopted by the City Council on the 2nd day of April , 19--ªº-, TKDA has prepared final plans and specifications for Project 92-19 for sanitary sewer. watermain, street and storm sewer construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 2nd day of April , 19--ªº-, 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 , Tuesdav, April 30 ,1996 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reaular meeting this 2nd day of April, 19--ªº-, with Councilmembers Jacobson, Dehn, McKelvev. Kunza, Kniaht (absent)) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: () [ l/k{~ ?dE McKelvey - Mayor ,tL~ !/--Iø Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 069-96 A RESOLUTION REVOKING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be revoked as 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 roads described as follows, to wit: · Control Section #101, Segment 060 · Control Section #108, Segments 060, 070 · Control Section #110, Segment 040 · Control Section #113, Segment 010 · Control Section #115, Segment 010 · Control Section #119, Segment 020 be and hereby are revoked 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 his consideration and upon his approval of the revocation of said streets or portion thereof. Adopted by the City Council of the City of Andover this 2nd day of April , 19 96 . CITY OF ANDOVER ATTEST: I t 21<> J(;1~ ßi.E. McKelvey - Mayor ~ dJ,/ Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on April 2, 1996. ~tlh Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 070-96 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 roads described as follows. to wit: · Along 150th Lane NW from University Avenue Extension (Control Section 114), thence westward to Prairie Road NW (Control Section #101) · Along Woodbine Street NW from 143rd Avenue NW, thence southward and westward to 138th Avenue NW (County Road No, 116) · Along 154th Lane NW from Nightingale Street NW, thence eastward to the intersection of Hanson Boulevard NW (County Road 78), thence eastward and southward to Crosstown Boulevard NW (County Road No. 18) · Along 133rd Avenue NW between Crosstown Boulevard NW (County Road No, 18) and Quinn Street NW · Along Quinn Street NW between Bunker Lake Boulevard NW (County Road No, 116) and 139th Avenue NW · Along 139th Avenue NW between Crosstown Boulevard NW (County Road No. 18) to Nightingale Street NW, thence eastward to Jay Street NW (Control Section 118) · Along Nightingale Street NW between Crosstown Boulevard NWand 161 st Avenue NW · Along 178th Lane NW between Tulip Street NW and Round Lake Boulevard NW (County Road No.9) · Along 168th Lane NW between Tulip Street NWand Round Lake Boulevard NW (County Road No.9) · Along Quinn Street NW between Bunker Lake Boulevard (County Road No, 116), thence southward to Commercial Boulevard · Along Flintwood Street NW from 177th Avenue NW, thence southward to 173rd Avenue NW, thence eastward to Butternut Street NW, thence southward to Crosstown Boulevard NW (County Road No, 18) 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 his consideration and upon his approval of the designation of said streets or portion thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Andover and to be known as Municipal State Aid streets. Adopted by the City Council of the City of Andover this 2nd day of APril 19 96 ' CITY OF ANDOVER ATTEST: d { M A{!~ µ.E. McKeívey - Mayor ¡L;:t;.J ¡j~ Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on April 2, 1996, J~~ (/..-t£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 071-96 A RESOLUTION APPROVING THE REVISED FINAL PLAT OF NIGHTINGALE RIDGE AS BEING DEVELOPED BY NORTH SUBURBAN DEVELOPMENT, INC, IN SECTION 15, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Council approved the preliminary plat of NiQhtinQale RidQe ; and WHEREAS, the developer has presented the revised final plat of Niahtinaale Ridae. WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised final plat of NiQhtinQale RidQe ~ contingent upon receipt of the following: -....J 1, City Attorney presenting a favorable title opinion, 2, Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer provide a performance bond or a one-year warranty escrow as determined for the street and storm sewer improvement as determined by the City Engineer from the time construction is complete and accepted by the City, 4. The developer escrow for the uncompleted grading, survey monumentation, street and utility improvements, etc. of the site which is to be determined by the City Engineer and shall enter into a development contract with the City, If the site is complete, a letter from the developer's engineer is required that all lots and streets are graded according to the grading plan submitted and approved by the City. 5, Street light cost to be paid to Anoka Electric Cooperative, 6. Park dedication is to be cash in lieu of land as required in Ordinance 10, Section 9,,07. 7, Receipt of all (if necessary) drainage and utility easements outside the plat. BE IT FURTHER RESOLVED citing the following: r--.. ) 1, A variance be granted for Ordinance 8, Section 6.02 and Ordinance 10, Section 9,06 A3 as the lots do not meet the minimum requirement of 300 feet at the front setback line for the following: Block 2, Lots 1 & 2; Block 3, Lot 1, 2. Obtain the deed for drainage and utility easement from the Family of Christ Lutheran Church which will need to be reviewed, approved and accepted by the City Council prior to the recording of the final plat at the County of Anoka, 3, The easement for the driveway across the plat be vacated and documentation be provided prior to recording of the final plat at the County of Anoka, 4. Require Outlot A be combined with the JulsrudllHeidelberger property prior to the final plat being recorded. 5. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer, 6. The developer is responsible to obtain all permits from the Watershed Management Organization, DNR. Corps of Engineer, LGU, MPCA and any other agency that is interest in the site, Adopted by the City of the City of Andover this 16th day of April ,19 96, CITY OF ANDOVER , ---, ATTEST: (). t. JJlc- ;:;1t</4 '.........' ,f.í,E. McKelvey - Mayor c7 &~tlud Victoria Volk - City Clerk ~. ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 072-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF MEADOWLARK HEIGHTS AS BEING DEVELOPED BY SCOTT LENNES, INC, LOCATED IN SECTION 24, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the Andover Review Committee has reviewed the revised preliminary plat; and NOW. THEREFORE, BE IT RESOLVED the City Council approves the revised preliminary plat citing the following: 1. A variance be granted for Ordinance 8, Section 6.02 and Ordinance 10, Section 9.06 A3 as the lot does not meet the minimum requirement of 300 feet at the front setback line for the following: Block 3, Lot 6. 2. A variance from Ordinance 10, Section 9,06 F as Block 3, Lot 6 is proposed to double frontage (University Avenue NW is a designated Municipal State Aid Street). ~ , 3. Variance to Ordinance 10, Section 9,06 A3 for Lot 1, Block 1; Lots 1, 2 & 3, , - Block 2; Lots 1, 2 & 4, Block 3 that do not meet the minimum 39,000 square foot requirement subject to a report from the developer regarding on-site sewage treatment as required by the Building Department for any or all lots, 4. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 5. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site, 6. Park dedication as recommended by the Park and Recreation Commission. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby approve the revised preliminary plat of Meadowlark Heiohts Adopted by the City Council of the City of Andover this 16th day of April, 19-ªª-. CITY OF ANDOVER ATTEST: y, ¡, Jt¡v~~ LL j".¿¿ ?<f.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 073-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF MEADOWLARK HEIGHTS , AS BEING DEVELOPED BY SCOTT LENNES, INC. IN SECTION 24-32-24, ANOKA COUNTY WHEREAS, the City Council approved the preliminary plat of Meadowlark Heiahts WHEREAS, the Developer has presented the final plat of Meadowlark Heiahts. WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Meadowlark Heiahts contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2, Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer, \....-- 3, The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer after construction of improvements are complete.. 4, The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer and shall enter into a development contract with the City. If the site is complete, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City, 5, Street light costs to be paid to Anoka Electric Cooperative. Costs shall be determined by Anoka Electric Cooperative, 6, Park dedication of cash in lieu of land as allowed in Ordinance 10, Section 9.07. BE IT FURTHER RESOLVED citing the following: 1. A variance be granted for Ordinance 8, Section 6,02 and Ordinance 10, Section 9,06 A3 as the lot does not meet the minimum requirement of 300 feet at the front setback line for the following: Block 3, Lot 6. 2, A variance from Ordinance 10, Section 9.06 F as Block 3, Lot 6 is proposed to double frontage (University Avenue NW is a designated Municipal State Aid Street). 3. Variance to Ordinance 10, Section 9.06 A3 for Lot 1, Block 1; Lots 1,2 & 3, Block 2; Lots 1, 2 & 4, Block 3 that do not meet the minimum 39,000 square foot requirement: 4, Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 5, The developer is responsible to obtain all permits from the Watershed Management Oq~anization, DNR, Corps of Engineers, LGU, MPCA and any other agency thart may be interested in the site. Adopted by the City Council of the City of Andover this 16th day of April, 19 96. CITY OF ANDOVER ATTEST: .( m", (IE McKelvey - Mayor d;t;~ dtb Victoria Volk - City Clerk ,,' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 074-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF ROLLING MEADOWS ESTATES , AS BEING DEVELOPED BY TSM DEVELOPMENT. INC., IN SECTION 12-32-24. WHEREAS, the City Council approved the preliminary plat of Rollina Meadows Estates WHEREAS, the Developer has presented the final plat of Rollina Meadows Estates. WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Rollina Meadows Estates contingent upon receipt of the following: 1, The City Attorney presenting a favorable opinion, 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. , -' 3, The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer after construction of improvements are complete. , 4, The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer and shall enter into a development contract with the City. If the site is complete, a letter from the developer's engineer that lots and street are graded according to the grading plan submitted and approved by the City. 5, Street light costs to be paid to Anoka Electric Cooperative. Costs shall be determined by Anoka Electric Cooperative. 6, Park dedication of cash in lieu of land as allowed in Ordinance 10, Section 9.07, 7, Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 8. The developer is responsible to obtain all permits from the Watershed Management Organization, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site, BE IT FURTHER RESOLVED citing the following: 1. A variance from Ordinance 10, Section 9,05 for 171 st Avenue NW between Yakima Street NW and Roanoke Street NW which exceeds the maximum length of 1320 feet. 2, Variance from Ordinance 10, Section 9,06 I as Outlot A and Outlot B is below minimum lot area and is considered an unusable parcel. It is recommended the developer try to make every effort to sell to adjacent properties prior to final plat approval. 3. Variance from Ordinance 10, section 9.06 A3 as Lot 2,3 and 4 of Block 1 do not meet the 39,000 square foot requirement. 29,000 square feet of each lot meets ordinance requirements with the remaining 10,000 square feet of each lot that do not, but with 5,000 square feet left unfilled for future septic system location, 4. That the cul-de-sacs from Yakima Street NW be constructed and extended to the southerly and northerly most property lines of the preliminary plat. 5, Meeting the requirements of the Water Resource Management Plan and approval by the City Engineer. Adopted by the City Council of the City of Andover this 16th day of April, 19~, CITY OF ANDOVER ATTEST: ¿"£Keì::-~~ ~¡/~ Victoria Volk - City Clerk -- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 075-96 MOTION by Council member Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #.3... TO PROJECT NO. 94-18, SECTION 22, WHEREAS, the City of Andover has a contract for Project No. 94-18 with Rvan Contractina of Shakopee, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No, 94-18, MOTION seconded by Councilmember Dehn and adopted by the City Council at a reaular meeting this 16th day of April , 19 96, --" with Councilmembers Kunza. Dehn, McKelvev. Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ¡J, t. h& ~~ ?d.E. McKelvey - Mayor ~á¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 076-96 MOTION by Council member Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #.2. TO PROJECT NO, 94-18, SECTION 22. WHEREAS, the City of Andover has a contract for Project No, 94-18 with Rvan Contractina of Shakopee, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-18, MOTION seconded by Council member Dehn and adopted by the City Council at a reQular meeting this 16th day of April, 19 96, with Council members Kunza, Dehn, McKelvev, Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: ' j), { )l!~ Æ:~~ ¿:dE McKelvey - Mayor ' ~!/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 077-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO RYAN CONTRACTING FOR PROJECT NO. 94-18, FOR THE IMPROVEMENT OF TRUNK SANITARY SEWER AND WATERMAIN CONSTRUCTION IN THE FOLLOWING AREA: SECTION 22 WHEREAS, pursuant to a written contract signed with the City of Andover on April18 ,1995, Ryan Contractino of Shakopee, MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and -- BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full, MOTION seconded by Council member Dehn and adopted by the City Council at a reoular meeting this 16th day of April ,19 96, with Councilmembers Kunza, Dehn, McKelvey, Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ' ~, ~ i-v ~ ¡J-d- Victoria Volk - City Clerk ....- EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 16, 1996 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 16th day of April, 1996, at 7:00 o'clock E.M. for the purpose, in part, of providing for the sale of the $600,000 General Obligation Improvement Bonds of 1996 of said City. The following members were present: Dehn, Jacobson, Knight, Kunza, McKelvey and the following were absent: None Member .T;¡ ('ohson introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE SALE OF $600,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1996 R078-96 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City") , has heretofore determined that it is necessary and expedient to issue the City's $600,000 General Obligation Improvement Bonds of 1996 (the "Bonds"), to provide funds to finance the construction of various improvements in the City; and B. WHEREAS, the City has retained Juran & Moody, Inc. , in St. Paul, Minnesota ("Juran") , as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): 318406.1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization: Findinqs. The Council hereby authorizes Juran to solicit proposals for the sale of the Bonds. 2. Meetinq: Proposal Openinq. This Council shall meet at the time and place specified in the Official Terms of Bond Sale attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open proposals at the time and place specified in such Official Terms of Bond Sale. 3 . Official Terms of Bond Sale. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Official Terms of Bond S'ale" attached hereto as Exhibit A and hereby made a part hereof. 4. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Juran 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 member nøhn and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Dehn, Jacobson, Knight, Kunza, McKelvey and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 318406.1 2 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to said City's $600,000 General Obligation Improvement Bonds of 1996. WITNESS my hand as such Clerk this 16th day of April, 1996. ~¡}~ City Clerk 318406.1 3 EXHIBIT A OFFICIAL TERMS OF BOND SALE $600,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1996 CITY OF ANDOVER ANOKA COUNTY MINNESOTA (Book Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Sealed proposals will be opened by the City Clerk, or designee, on Tuesday, May 21, 1996, at 11:00 A.M., Central Time, at the offices of Juran & Moody, Inc. , 400 North Robert Street, Suite 800, in Saint Paul, Minnesota 55101- 2091. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Andover City Hall beginning at 7:00 P.M., on the same day. BOOK ENTRY SYSTEM: The bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC") , New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer to DTC or its nominee as registered owner of the 318406.1 A-1 bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. DATE OF ORIGINAL ISSUE OF BONDS: June 1, 1996. PURPOSE: For the purpose of providing funds to finance the construction of various improvements in the Issuer. INTEREST PAYMENTS: February 1, 1997, and semiannually thereafter on February 1 and August 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. MATURITIES: August 1 in each of the years and amounts as follows: Year Amount 1997 $50,000 1998-1999 55,000 2000-2001 60,000 2002-2003 65,000 2004-2005 70,000 2006 50,000 All dates are inclusive. REDEMPTION: At the option of the Issuer, bonds maturing after August 1, 1999, shall be subject to prior payment on said date, and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be 318406.1 A-2 prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. CUSIP NUMBERS: If the bonds qualify for assignment of CUSIP numbers such numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. TYPE OF PROPOSAL: Sealed proposals of not less than $591,000 and accrued interest on the principal sum of $600,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit") in the 318406.1 A-3 amount of $12,000, payable to the order of the Treasurer of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Juran & Moody, Inc. , and addressed to: Shirley Clinton, Treasurer Andover City Hall 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304-2612 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the IS~3Uer. Such bond must be submitted to Juran & Moody, Inc. prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody, Inc. in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody, Inc. not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Issuer will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the bonds is adjourned, recessed, or 318406.1 A-4 continued to another date without award of the bonds having been made. RATES: All rates must be in integral multiples of 1/20th or 1/8th of 1%. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. INFORMATION FROM The successful purchaser will be PURCHASER: required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. QUALIFIED TAX The Issuer will designate the EXEMPT OBLIGATIONS: bonds as qualified tax exempt obligations for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. CONTINUING DIS- The Issuer will covenant in the CLOSURE UNDERTAKING resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2-12. AWARD: Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. 318406.1 A-5 The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. Dated: April 16, 1996 . BY ORDER OF THE CITY COUNCIL /s/ Vicki Volk City Clerk Additional information may be obtained from: JURAN & MOODY, INC. Minnesota Mutual Life Building 400 North Robert Street Suite 800 St. Paul, Minnesota 55101-2091 Telephone No. : (612) 224-1500 318406.1 A-6 , EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 16, 1996 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 16th day of April, 1996, at 7:00 o'clockP .M. for the purpose, in part, of providing for the sale of the $1,230,000 General Obligation Crossover Refunding Bonds of 1996 of said City. The following members were present: Dehn, Jacobson, Knight, Kunza, McKelvey and the following were absent: None Member Knight introduced the following resolution and moved its adortion: R07 -96 RESOLUTION PROVIDING FOR THE SALE OF $1,230,000 GENERAL OBLIGATION CROSSOVER REFUNDING BONDS OF 1996 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City") , has heretofore determined that it is necessary and expedient to issue the City's $1,230,000 General Obligation Crossover Refunding Bonds of 1996 (the "Bonds") , to provide funds sufficient for a crossover refunding on August 1, 1997, of the City's General Obligation Improvement Bonds, Series 1989A, dated July 1, 1989, which mature on August 1, 1998, and thereafter; and B. WHEREAS, the City has retained Juran & Moody, Inc. , in St. Paul, Minnesota ("Juran") , as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): 318474.1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization: Findinqs. The Council hereby authorizes Juran to solicit proposals for the sale of the Bonds. 2. Meetinq: ProposalOpeninq. This Council shall meet at the time and place specified in the Official Terms of Bond Sale attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open proposals at the time and place specified in such Official Terms of Bond Sale. 3. Official Terms of Bond Sale. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit A and hereby made a part hereof. 4. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Juran 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 member Kunza and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Dehn, Jacobson, Knight, Kunza, McKelvey and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 318474.1 2 I STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to said City's $1,230,000 General Obligation Crossover Refunding Bonds of 1996. WITNESS my hand as such Clerk this 16th day of April, 1996 . ~dð City Clerk 318474.1 3 EXHIBIT A OFFICIAL TERMS OF BOND SALE $1,230,000 GENERAL OBLIGATION CROSSOVER REFUNDING BONDS OF 1996 CITY OF ANDOVER ANOKA COUNTY MINNESOTA (Book Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Sealed proposals will be opened by the City Clerk, or designee, on Tuesday, May 21, 1996, at 11:00 A.M., Central Time, at the offices of Juran & Moody, Inc. , 400 North Robert Street, Suite 800, in Saint Paul, Minnesota 55101- 2091. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Andover City Hall beginning at 7:00 P.M. , on the same day. BOOK ENTRY SYSTEM: The bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC") , New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer to DTC or its nominee as registered owner of the 318474.1 A-1 bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. DATE OF ORIGINAL ISSUE OF BONDS: June 1, 1996 . PURPOSE: For the purpose of providing funds sufficient for a crossover refunding on August 1, 1997, of the Issuer's General Obligation Improvement Bonds, Series 1989A, dated July 1, 1989, which mature on August 1, 1998, and thereafter. INTEREST PAYMENTS: February 1, 1997, and semiannually thereafter on February 1 and August 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. MATURITIES: August 1 in each of the years and amounts as follows: Year Amount 1998-1999 $315,000 2000-2001 300,000 All dates are inclusive. The Issuer reserves the right to increase or decrease the principal amount maturing in any year. Any increase or decrease in the principal amount of the issue will not exceed $10,000. In the event the size of the issue is increased or decreased, the premium or discount will be calculated on a pro rata basis. 318474.1 A-2 NO REDEMPTION: All bonds shall be without option of prior payment. CUSIP NUMBERS: If the bonds qualify for assignment of CUSIP numbers such numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. TYPE OF PROPOSAL: Sealed proposals of not less than $1,217,700 and accrued interest on the principal sum of $1,230,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit") in the amount of $24,600, payable to the order of the Treasurer of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. proposals for the bonds should be delivered to Juran & Moody, Inc., and addressed to: Shirley Clinton, Treasurer Andover City Hall 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304-2612 318474.1 A-3 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the Issuer. Such bond must be submitted to Juran & Moody, Inc. prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody, Inc. in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody, Inc. not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Issuer will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the bonds is adjourned, recessed, or continued to another date without award of the bonds having been made. RATES: All rates must be in integral multiples of l/20th or l/8th of 1%. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. INFORMATION FROM The successful purchaser will be PURCHASER: required to provide, in a timely manner, certain information relating to the initial offering price of the bonds 318474.1 A-4 necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. QUALIFIED TAX The Issuer will designate the EXEMPT OBLIGATIONS: bonds as qualified tax exempt obligations for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. CONTINUING DIS- The Issuer will covenant in the CLOSURE UNDERTAKING resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2-12. AWARD: Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. Dated: April 16, 1996. BY ORDER OF THE CITY COUNCIL /s/ Vicki Volk City Clerk Additional information may be obtained from: JURAN & MOODY, INC. Minnesota Mutual Life Building 400 North Robert Street Suite 800 St. Paul, Minnesota 55101-2091 Telephone No. : (612) 224-1500 318474.1 A-S I EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 16, 1996 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 16th day of April, 1996, at 7.00 o'clock ~.M. for the purpose, in part, of providing for the sale of the ~2,055,OOO General Obligation Tax Increment Bonds of 1996 of said City. The following members were present: Dehn, Jacobson, Knight, Kunza, McKelvey and the following were absent: None Member Dehn introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE SALE OF $2,055,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1996 R080-96 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $2,055,000 General Obligation Tax Increment Bonds of 1996 (the "Bonds"), to provide funds to finance certain capital and administration costs of Development District No. 1 within the City; and B. WHEREAS, the City has retained Juran & Moody, Inc., in St. Paul, Minnesota ("Juran"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): 318408.1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization: Findinqs. The Council hereby authorizes Juran to sOlicit proposals for the sale of the Bonds. 2. Meetinq; Proposal Opening. This Council shall meet at the time and place specified in the Official Terms of Bond Sale attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open proposals at the time and place specified in such Official Terms of Bond Sale. 3. Official Terms of Bond Sale. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit A and hereby made a part hereof. 4. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Juran 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 member Kunza and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Dehn, Jacobson, Knight, Kunza, McKelvey and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 318408.1 2 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to said City's $2,055,000 General Obligation Tax Increment Bonds of 1996. WITNESS my hand as such Clerk this 16th day of April, 1996 . ~da City Clerk 318408.1 3 EXHIBIT A OFFICIAL TERMS OF BOND SALE $2,055,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1996 CITY OF ANDOVER ANOKA COUNTY MINNESOTA (Book Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Sealed proposals will be opened by the City Clerk, or designee, on Tuesday, May 21, 1996, at 11:00 A.M., Central Time, at the offices of Juran & Moody, Inc. , 400 North Robert Street, Suite 800, in Saint Paul, Minnesota 55101- 2091. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Andover City Hall beginning at 7:00 P.M. , on the same day. BOOK ENTRY SYSTEM: The bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC") , New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer to DTC or its nominee as registered owner of the 318408.1 A-l bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. DATE OF ORIGINAL ISSUE OF BONDS: June 1, 1996. PURPOSE: For the purpose of providing funds to finance certain capital and administra- tion costs of Development District No. 1 within the Issuer. INTEREST PAYMENTS: February 1, 1997, and semiannually thereafter on February 1 and August 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. MATURITIES: August 1 in each of the years and amounts as follows: Year Amount 1997 $ 40,000 1998 65,000 1999 70,000 2000 80,000 2001 85,000 2002 95,000' 2003 105,000 2004 115,000 2005 125,000 2006 140,000 2007 150,000 2008 165,000 2009 180,000 2010 195,000 2011 215,000 2012 230,000 318408.1 A-2 REDEMPTION: At the option of the Issuer, bonds . maturing after August 1, 2003, shall be subject to prior payment on said date, and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. CUSIP NUMBERS: If the bonds qualify for assignment of CUSIP numbers such numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. 318408.1 A-3 TYPE OF PROPOSAL: Sealed proposals of not less than $2,024,175 and accrued interest on the principal sum of $2,055,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit") in the amount of $41,100, payable to the order of the Treasurer of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Juran & Moody, Inc. , and addressed to: Shirley Clinton, Treasurer Andover City Hall 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304-2612 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the Issuer. Such bond must be submitted to Juran & Moody, Inc. prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody, Inc. in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody, Inc. not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Issuer will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the 318408.1 A-4 , . event the purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the bonds is adjourned, recessed, or continued to another date without award of the bonds having been made. RATES: All rates must be in integral multiples of 1/20th or 1/8th of 1%. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. INFORMATION FROM The successful purchaser will be PURCHASER: required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. QUALIFIED TAX The Issuer will designate the EXEMPT OBLIGATIONS: bonds as qualified tax exempt obligations for purposes of Section 265 (b) (3) of the Internal Revenue Code of 1986, as amended. CONTINUING DIS- The Issuer will covenant in the CLOSURE UNDERTAKING resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2-12. AWARD: Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. 318408.1 A-5 The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. Dated: April 16, 1996. BY ORDER OF THE CITY COUNCIL /s/ Vicki Volk City Clerk Additional information may be obtained from: JURAN & MOODY, INC. Minnesota Mutual Life Building 400 North Robert Street Suite 800 St. Paul, Minnesota 55101-2091 Telephone No.: (612) 224-1500 318408.1 A-6 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 081-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREETS , PROJECT NOS, 95-7 (Oak Hollow), 95-9 (Forest Meadows), 95-10 (Hawkridqe/Countrvview Estates) & 95-22 (Verdin Acres), 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 of the assessment levied against it. Such assessment shall be payable in equal annual installments, extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 19 97 and shall bear interest at a rate of 'L- percent per annum from the date of the adoption of this assessment resolution, 2. 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 Dehn and adopted by the City Council at a reqular meeting this 16th day of April , 19 --ªº-, with Councilmembers Kunza, Dehn, McKelvev, Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: Æ' {. J1J~ t:~ iLt:w da . E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 082-96 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WEYBRIDGE (WEYBRIDGE 3RD ADDITION) AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION. INC, LOCATED IN SECTION 26, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, pursuant to published and mailed notice thereof, the City Council has conducted a public hearing; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing the City Council recommends approval of the plat citing the following: 1. The developer and/or owner will be required to obtain all necessary permits (DNR, U.S, Army Corps of Engineer, Coon Creek Watershed District and any other agency which may be interested in the site), 2. The developer is required to comply with Ordinance 10, Section 9.03 (centerline radius at the intersection of 144th Lane NW and Wintergreen Street NW will be 50 feet), 3, The City Engineer provide the appropriate signage to conform to the Minnesota Manual on Uniform Traffic Control Devices regarding concerns of the letter from the Anoka County Highway Department dated December 13, 1991, 4, The Park and Recreation Commission is recommending cash in lieu of land, NOW, THEREFORE, BE IT RESOLVED the City Council approves the preliminary plat citing the following: 1. A variance from Ordinance 10, Section 9,06 A1 and Ordinance 8, Section 6,02 for Lot 14, Block 2 and Lot 1, Block 2 (per final plat) which are corner lots that are not back to back and require 100 feet of width at the front setback line, 2. A variance to Ordinance 10, Section 9,06 A1 and Ordinance 8, Section 6.02 for Lots 6 and 7, Block 3 (per final plat) as they do not meet the required 80 feet of lot width at the setback line, BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Wevbridoe (Wevbridoe 3rd Addition) . Adopted by the City Council of the City of Andover this 16th day of April 19~. CITY OF ANDOVER ATTEST: ~'{»k~~ U ,E. McKelvey - Mayor jg Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 083-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF WEYBRIDGE 3RD ADDITION , AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, IN SECTION 26-32-24. WHEREAS, the City Council approved the preliminary plat of Wevbridae ; and WHEREAS, the Developer has presented the final plat of Wevbridae , WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Wevbridae 3rd Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2, Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. - 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4, The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc,}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from U.S, Army Corps of Engineers, DNR, lGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site, 8. Park dedication has been paid in full for the 3rd Addition, BE IT FURTHER RESOLVED citing the following: 1. A variance from Ordinance 10, Section 9,06 A1 and Ordinance 8, Section 6,02 for lot 14, Block 2 and lot 1, Block 2 which are corner lots that are not back to back and require 100 feet of width at the front setback line, 2, A variance to Ordinance 10, Section 9.06 A1 and Ordinance 8, Section 6.02 for Lots 6 and 7, Block 3 as they do not meet the required 80 feet of lot width at the setback line, Adopted by the City Council of the City of Andover this 16th day of April , 19.Jlli...... CITY OF ANDOVER ATTEST: ~. t mL-~~7 ø.E. McKelvey - Mayor ¡L;L~d ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF CROWN POINTE AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORP, LOCATED IN SECTION 26, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised preliminary plat; and WHEREAS, the City Council has approved the original preliminary plat on May 16, 1995; and WHEREAS, the developer has presented the revised preliminary plat of Crown Pointe , NOW, THEREFORE, BE IT RESOLVED the City Council approves the revised preliminary plat citing the following: 1. That the developer shall make provision for the continuation of a street as required in Ordinance 19, Section 9.02A to solve a public safety problem for this area. 2. The developer must comply with the Water Resource Management Plan, 3. Variance from Ordinance 10, Section 9,02C as Outlot B is proposed to front directly onto a County Road. 4. Variance from Ordinance 10, Section 4A(1) as the proposed street access spacing does not meet the minimum of 660 feet. 5. A letter from the Natural Gas Pipeline Co, will be required for the proposed street crossing. 6. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 7, The Park Commission is recommending cash and land as determined in Ordinance 10, Section 9,07, 8. The emergency access road alignment shall be as indicated on the Revised Preliminary Plat dated March 25, 1996. 9. All necessary easements, right -of-way permits, approaches and costs associated with the emergency access be obtained and funded by Ashford Development Corporation. 10. The emergency access road be constructed with 4 inches of Class 5 gravel and 2 1/2 inches of asphalt. 11. An additional 3 year warranty be provided beyond the standard one year warranty for the emergency access road, NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby approve the revised preliminary plat of Crown Pointe Adopted by the City Council of the City of Andover this 16th day of April, 19~, CITY OF ANDOVER ATTEST: j, {. Þfú J(~ ß.E. McKelvey - Mayor dLtÚL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 085-96 MOTION by Council member Kniaht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER PROJECT NO, 93-17 , IN THE CROWN POINTE AREA. WHEREAS, the City Council has received a petition, dated June 24. 1995, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1, The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1.000,00 3, The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this 16th day of April , 19 96, with Councilmembers Kunza, Dehn. McKelvev. Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß' t¡. JJk/~i? U~ ¿{¿¿ tj,E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R086-96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF BUNKER, LLC, INC, TO ERECT AN AREA IDENTIFICATION SIGN AT THE ENTRANCE (GOLDENROD STREET NW AND BUNKER LAKE BOULEVARD NW) OF THE SUBDIVISION KNOWN AS "SHADOWBROOK" ON THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Bunker, LLC, Inc, has requested a Special Use Pennit to erect an area identification sign (pennanent monument sign) pursuant to Ordinance No.8, Section 8,07, Signs at the entrance (Goldenrod Street NW and Bunker Lake Boulevard NW) to the subdivision known as "Shadowbrook", legally described on the attached Exhibit A; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No, 8, Section 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of Ordinance No, 8, Section 8,07, Signs; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Pennit as requested. 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 to allow Bunker LLC, Inc. to construct an area identification sign as requested on said property with the following conditions: I, The area for development is larger than five (5 a,) acres. 2, The maximum square footage ofthe sign is thirty-two (32 s.f,) square feet. Page Two Resolution Special Use Permit - Area 1.0, Sign Shadowbrook - Bunker, LLC, rnc, 3, The sign shall be located ten (10') feet from any property line. 4, That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No, 8, Section 5,03(0). 5. The Special Use Permit shall be subject to annual review by Staff, 6. The applicant shall execute a written agreement for the maintenance of the sign. 7. The applicant shall apply for and be granted a sign permit prior to the erection of the sIgn. Adopted by the City Council of the City of Andover on this _7th_day of_~ ,1996, CITY OF ANDOVER , {»!c-.' 1/0. ATTEST (0,E, McKelvey, Mayor/ kdÞ Victoria Volk, City Clerk EKHIBlT A LÐ:;!\L DESCRIP1"ICN PARCEL 1: The Northeast Quarter of the Northwest Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota. PARCEL 2: All of Government Lot 1, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying east of the centerline of Prairie Road and lying north of the centerline of CountY-Road No. 116. PARCEL 3: .' That part of Government Lot 2, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Boulevard. PARCEL 4: The North Half of the Northeast Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota. PARCEL 5: The Southwest Quarter of the Northeast Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Boulevard except the following described property: Corrrnencing at the northeast corner of said Southwest Quarter of the Northeast Quarter¡ thence on an assumed bearing of South 2 degrees 39 minutes 49 seconds West, along the east line of said Southwest Quarter of the Northeast Quarter a distance of 406.54 feet to the actual point of beginning; thence North 85 degrees 12 minutes 39 seconds West a distance of 330.00 feet; thence south parallel with said east line to the centerline of Bunker Lake Blvd.; thence South 85 degrees 12 mi11utès 39 seconds E:ist along said centèrline to the east line of said Southwest Quarter of the Northeast Quartet; thence North 2 degrees 39 minutes 49 seconds East along said east line to the actual point of beginning. PARCEL 6: The Southeast Quarter of the Northeast Quarter, Section 36, Townsyuip 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Blvd. PAPCEL 7: The West Half of the Southwest Quarter of the Northwest Quarter, Section 31, Township 32, Range 23, Anoka County, Minnesota. PARCEL 8: That part of the East Half of the East Half of the East Half of the Southeast Quarter, Section 25, Township 32, Range 24, Anoka County, Minnesota, lying southerly of a line drawn frOOl a point on the east line of said Southeast Quarter distant 1282.23 feet southerly along said east line from the northeast corner of said Southeast Quarter to a point on the westerly line of said East Half of the East Half of the East Half of the Southeast Quarter distant 1257.33 feet southerly along said westerly line from the northwest corner thereof. Being a part of Lot 9, .. AlJDI'IDR 's SUBDIVISION No. 141." PARCEL 9: The West Half of the East Half of the East Half of the SOutheast Quarter, Section 25, Township 32,· Range 24, Anoka County, Minnesota, except the north 673.01 feet thereof. Said b:act is also known as part of tot 8, AlJDI'roR'S SUBDIVISICN No. 141- PARCEl:. 10: That part of the East Half of the West Half of the East Half of the Southeast Quarter, Section 25, Township 32, Range 24, Anoka county, Minnesota, lying. south of the following described line: Beginning at a point on the east line of said East Half of the West Half of the East Half of the Southeast Quarter distant 1,357.17 feet north along said east line from the southeast corner of the said E'.B7t Half of the W:st Half of the East Half of the Southeast Quarter, 5al.d east line has an assumed bearing of North 0 degrees 10 ,minutes 59 seconds W:st; thence North 89 degrees 47 minutes 29 seconds West a distance of 61.86 feet; thence North 81 degrees 30 minutes 36 seconds West a distance of 112.20 feet; thence North 87 degrees 50 minutes 29 seconds W:st a distance of 99.06 feet; thence South 76 degrees 00 minutes 22 seconds West a distnace of 53.79 feet to the. west line of said East Half of the West Half of the East Half of the Southeast Quarter and said line there terminating. (Said tract is also known as tot 7, AlJDI'roR'S SUBDIVISION NO. 141). . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 087-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 95-14 , FOR WATERMAIN STORM SEWER AND STREET CONSTRUCTION. WHEREAS, pursuant to Resolution No, 020-96 ,adopted by the City Council on the 6th day of February , 19~, the Maier Stewart and Associates has prepared final plans and specifications for Project 95-14 for watermain, storm sewer and streets; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7th day of May ,19~, 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 , June 11 , 19~ at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this -1!!:L day of May , 1996, with Councilmembers Kunza, Dehn, Jacobson, McKelvey, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: Á" ç. Jr¡0K~ 'IE. McKelvey - Mayor ~j4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 088-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO, 93-17 FOR SANITARY SEWER. WATERMAIN, STREET AND STORM SEWER IN THE FOllOWING AREA CROWN POINTE. WHEREAS, the City Council did on the 16th day of April ,1996, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 7th day of May , 19~; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 556,881,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 556,881,00 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby require the developer to escrow for the sum of $ 17,000 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this -.I1h.- day of May , 19~, with Councilmembers Kunza, Dehn, Jacobson, McKelvey Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: (), t. h7v~~ ~dLb lÎE. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. R089-96 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF JERRY SAARENPAA TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40 ON THE PROPERTY LOCATED AT 15318 NIGHTINGALE STREET NW, LEGALLY DESCRIBED BELOW, WHEREAS, Jerry Saarenpaa has requested a lot split to create two parcels pursuant to Ordinance No. 40 on the property located at 15318 Nightingale Street NW, legally described as follows: The South Half of the Southeast Quarter of the Northwest Quarter of Section 22, Township 32, range 24, Anoka County, Minnesota; Except the West 400 feet thereof; Also except road; Subject to easements of record; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No, 40; 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 and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, 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. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E), 2, That the applicant pay a park dedication fee pursuant to Ordinance No. 10, Section 9.07,10 in the amount of four hundred ($400.00) dollars, Page Two Resolution Lot Split - Jerry Saarenpaa May 7,1996 Adopted by the City Council of the City of Andover on this 7th day of May , 1996, CITY OF ANDOVER ATTEST Lt;;~~ tf~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R090-96 A RESOLUTION GRANTING THE SPECIAL USE PERMITN ARIANCE REQUEST OF THE ANOKA HENNEPIN INDEPENDENT SCHOOL DISTRICT NO, II TO ERECT AN INSTITUTIONAL SIGN WITH AN AGGREGATE SQUARE FOOTAGE IN EXCESS OF THIRTY-TWO (32 S,F,) SQUARE FEET AND WHICH EXCEEDS THE MAXIMUIM INDIVIDUAL SIGN AREA OF THIRTY-TWO (32 S,F,) SQUARE FEET PURSUANT TO ORDINANCE NO, 8, SECTION 8,07, SIGNS ON THE PROPERTY LOCATED AT 15400 HANSON BOULEVARD NW (OAK VIEW MIDDLE SCHOOL), LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A. WHEREAS, the Anoka Hennepin Independent School District No, II has requested a Special Use Permit to erect a seventy-five (75 s.f,) square foot institutional sign pursuant to Ordinance No, 8, Section 8.07, Signs which exceeds the aggregate square footage requirement of thirty-two (32 s,f,) square feet and exceeds the maximum individual sign area of thirty-two (32 s,f.) square feet on the property located at 15400 Hanson Boulevard NW (Oak View Middle School), legally described on the attached Exhibit A; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5,03, Special Uses, The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission finds that the strict enforcement of the Ordinance will cause an undue hardship because of the circumstances unique to the individual property (Large size of the property and the structure warrants a larger sign than provided in the Ordinance,), WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit/variance as requested, Page Two Resolution Special Use Permit - Institutional Sign Oak View Middle School Anoka Hennepin Independent School District No, II 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 Special Use Permit/variance request to allow the Anoka Hennepin Independent School District No, II to erect an institutional sign as requested on said property with the following conditions: 1, That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5,03(D). 2. The applicant shall apply for and be granted a sign permit prior to the erection of the sign. 3. The sign shall be located ten (10') feet from any property line, 4, The aggregate square footage of sign space shall not exceed one hundred (100 s,f,) square feet. 5, The sign shall be located at least one hundred thirty (130') feet from any residential structure, 6. The sign shall be a free-standing sign, Adopted by the City Council of the City of Andover on this _7th_ day of _~,_1996, CITY OF ANDOVER Æ' / /;Jr_ {êl~ ATTEST 0.E, McKelvey, Mayo iLL ó;-/b Victoria V olk, City Clerk EXHIBIT A LEGAL DESCRJPTION That part of the South Half of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the southwest comer of said Northeast Quarter; thence northerly on an assumed bearing of North 0 degrees 00 minutes 15 seconds West, along the west line of said Northeast Quarter, 445.00 feet; thence South 88 degrees 51 minutes 00 seconds East, parallel with the south line of said Northeast Quarter, 1013.00 feet to the point of beginning of the land to be described; thence North 0 degrees 21 minutes 20 seconds East, parallel with the east line of said Northeast Quarter, 868.75 feet to the intersection with the north line of said Northeast Quarter; thence South 88 degrees 51 minutes 28 seconds East, along said north line, 1608.47 feet to the northeast comer of said Northeast Quarter; thence South 0 degrees 21 minutes 20 seconds West, along said east line of the Northeast Quarter, 1313.92 feet to the southeast ('orner of said Northeast Quarter; thence North 88 degrees 51 minutes 00 seconds West, along said south line of the Northeast Quarter, 1608.47 feet to the intersection with a line parallel with said east line of the Northeast Quarter and passing through the point ofbeginnjng; thence North 0 degrees 21 minutes 00 seconds East, parallel with said east line of the Northeast Qua.rter, 444.95 feet to the point of beginning. Subject to road over the east 125.00 feet thereof and subject to the other easements of n:cord, if any. .' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R091-96 A RESOLUTION GRANTING THE SPECIAL USE PERMITN ARIANCE REQUEST OF THE ANOKA HENNEPIN INDEPENDENT SCHOOL DISTRICT NO. II TO ERECT TWO (2) INSTITUTIONAL SIGNS (TOTAL OF THREE (3) SIGNS ON PROPERTY) WITH AN AGGREGATE SQUARE FOOTAGE IN EXCESS OF THIRTY-TWO (32 S.F.) SQUARE FEET AND WHICH EXCEEDS THE MAXIMUM INDIVIDUAL SIGN AREA OF THIRTY-TWO (32 S.F,) SQUARE FEET WITH MORE THAN ONE SIGN PER LOT FRONT AGE PURSUANT TO ORDINANCE NO, 8, SECTION 8.07, SIGNS ON THE PROPERTY LOCATED AT 14950 HANSON BOULEVARD NW (ANDOVER ELEMENTARY SCHOOL), LEGALLY DESCRIBED BELOW. WHEREAS, the Anoka Hennepin Independent School District No, 11 has requested a Special Use Permit to erect two (2) institutional signs (total of three (3) signs on the property) pursuant to Ordinance No, 8, Section 8,07, Signs which exceeds the aggregate square footage requirement of thirty-two (32 s,f.) square feet and exceeds the maximum individual sign area of thirty-two (32 s,f,) square feet with more than one sign per lot frontage on the property located at 14950 Hanson Boulevard NW (Andover Elementary School), legally described as follows: The Southeast Quarter of the Southeast Quarter of Section 22, Township 32, range 24, Anoka County, Minnesota; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No, 8, Section 5.03, Special Uses, The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission finds that the strict enforcement of the Ordinance will cause an undue hardship because of the circumstances unique to the individual property (large size of the property and the structure warrants more and larger signs than provided by the Ordinance). Page Two Resolution Special Use Permit - Institutional Signs Andover Elementary School Anoka Hennepin Independent School District No. 11 WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit/variance as requested, 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 Special Use Permit/variance request to allow the Anoka Hennepin Independent School District No, II to erect two (2) institutional signs as requested on said property with the following conditions: 1. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D), 2. The applicant shall apply for and be granted sign permits prior to the erection of the signs. 3, The signs shall be located ten (10') feet from any property line, 4, The signs shall be located at least one hundred thirty (130') feet from any residential structure, Adopted by the City Council of the City of Andover on this _7th_ day of _May,_ 1996, CITY OF ANDOVER i ~ MC/rJ1/ ATTEST VJ.E, McKelvey, Mayo LL~ ¡ilL-- Victoria V olk, City Clerk - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 092-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 96-3 FOR CRACKSEALlNG , WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 061-96 , dated April 2 , 1996, bids were received, opened and tabulated according to law with results as follows: Daffinson Asphalt Maintenance $63,765,00 Northwest Asphalt Maintenance $69,552,90 Astech Corp, $70,435,80 Bergman Companies, Inc, $77,106,60 Allied Blacktop Co, $86,131,80 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Daffinson Asphalt Maintenance as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Daffinson Asphalt Maintenance in the amount of $63,765.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ~ day of May , 19~, with Councilmembers Kunza, Dehn, Jacobson, McKelvey, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: q, r J1J6 J(L ~¡/~ ßE. McKelvey - Mayor (J Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 093-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 96-4 FOR SEALCOA TING , WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 062-96 ,dated April 2 , 19.!:!Q, bids were received, opened and tabulated according to law with results as follows: Allied Blacktop Co, $198,323,36 Astech Corp, $237,556.40 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Allied Blacktop Co, as being the apparent low bidder, BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Allied Blacktop Co, n the amount of $198,323,36 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ~ day of May , 19~, with Councilmembers Kunza, Dehn, Jacobson, McKelvey, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ¡J, t »v-1{b ~ ¡/rI£ ME. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 094-96 A RESOLUTION ESTABLISHING FEES TO BE COLLECTED BY THE CITY OF ANDOVER FOR FLOOD ZONE SEARCHES, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following fee is hereby established: TYPE OF FEE FEE Flood Zone Search $15.00 Adopted by the City Council of Andover this --TIh.- day of May , 19 96, CITY OF ANDOVER ATTEST: ~' r Jnr'~ .E. McKelvey - Mayor /LL:./ á¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 094-96A A RESOLUTION DESIGNATING NO PARKING ON POPPY STREET NW AT 135TH AVENUE NW WHEREAS, the City Council is cognizant of the public nuisance traffic hazard, congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to a potential problem, NOW THEREFORE, BE IT RESOLVED by the City Council of Andover that there be no parking on Poppy Street NW at 135th Avenue NW Adopted by the City Council of the City of Andover this 7th day of May , 19 RQ.." CITY OF ANDOVER ATTEST: tJ £, ø~~~, ¿Y.E. McKelvey - Mayor tf 7t,.;. , drtt- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 095-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 92-19 FOR SANITARY SEWER. WATERMAIN STREET AND STORM SEWER CONSTRUCTION IN THE AREA OF WEYBRIDGE 3RD ADDITION WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 068-96 ,dated April 2 19.96., bids were received, opened and tabulated according to law with results as follows: Old Is Gold, Inc, $209,060,22 Volk Sewer & Water, Inc, $209,256,52 Hydrocon, Inc, $213,798,92 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Old Is Gold 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 Old Is Gold, Inc in the amount of $209.060.22 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ...l1!L- day of May , 19~, with Councilmembers Kunza, Dehn, Jacobson, McKelvey, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ~~:£K~~-{!~ J~ dtb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 096-96 MOTION by Council member Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO S.R WEIDEMAN FOR PROJECT NOS, 94-9 (FOX WOODS). 94-6 (HARTFIEL'S ESTATES). 94-7 (SHARON'S 2ND ADDITION). POND "C" PUMPING FACILITY AND 93-30 (BUNKER LAKE BOULEVARD SERVICE ROAD\. FOR THE IMPROVEMENT OF SANITARY SEWER WATERMAIN. STREET AND STORM SEWER CONSTRUCTION, WHEREAS, pursuant to a written contract signed with the City of Andover on September 6 ,19 94 , S. R Weidema of Brooklvn Center. MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reoular meeting this -.Z!!:L day of Mav , 19 96, with Councilmembers Kunza, Dehn, Jacobson. McKelvev, Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Ý, t hJ~ ;¿J~ ¿;ð,E. McKelvey - Mayor ~ ¡J;¿b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 097-96 MOTION by Council member Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO S,R WEIDEMAN FOR PROJECT NOS. 94-10 (JONATHON WOODS), 94-8 (FOXBERRY FARMS) AND 94-5 (SUPERAMERICA), FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER CONSTRUCTION, WHEREAS, pursuant to a written contract signed with the City of Andover on October 18, 1994, S.R. Weidema of Brooklvn Center, MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full, MOTION seconded by Councilmember Dehn and adopted by the City Council at a reQular meeting this .2!tL day of Mav , 19 96, with Council members Kunza, Dehn, Jacobson. McKelvev, Kniaht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER A TIEST: j), (. b1~ ~~ ,ó/E. McKelvey - Mayor ~Óþ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 098-96 A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT AT 14357 QUINCE STREET NW. WHEREAS, pursuant to published and mailed notice, the City Council has conducted a public hearing on the drainage and utility easement located at 14357 Quince Street NW. WHEREAS, as a result of such hearing and review, the City Council recommends vacation of said drainage and utility easement, legally described as follows: Description to vacate drainage and utility easement over, under and across the following described property: That part of Lot 19, Block 2, Crown Pointe East, Anoka County, Minnesota. lying northeasterly of the following described "Line A" and southwesterly of the following described "Line B", except the southeasterly 5,00 feet thereof as measured at a right angle to and parallel with the southeast line of said Lot 19, "Line A" is described as follows, commencing at the most northerly corner of said Lot 19; thence South 31 degrees 1 0 minutes 48 seconds West assumed bearing along the northwesterly line of said Lot 19 a distance of 137.07 feet to a point hereinafter referred to as "Point A"; thence South 09 degrees 22 minutes 42 seconds East a distance of 123,03 feet to the southeast line of said Lot 19 and said "Line A" there terminating, "Line B" is described as beginning at said "Point A" thence south 25 degrees 37 minutes 41 seconds East a distance of 95,60 feet to the southeast line of said Lot 19 and said "Line B" there terminating, NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby agree to vacate said drainage and utility easement. Adopted by the City Council of the City of Andover this 7th day of Mav , 19 96. CITY OF ANDOVER ATTEST: ý. ~, Mr, j(;fA~ ~ß¿v ,ð.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R099-96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF BUNKER, LLC, INC, FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP SINGLE F AMIL Y HOMES AND TOWNHOMES TO BE KNOWN AS THE SUBDIVISION "SHADOWBROOK" ON THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Bunker, LLC, Inc. has requested a Special Use Pennit for a Planned Unit Development to develop single family homes and townhomes to be known as the subdivision of "Shadowbrook" pursuant to Ordinance No.8, Section 4, I 8, Planned Unit Developments on the property legally described on the attached Exhibit A; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No, 8, Section 5,03, Special Uses, The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of Ordinance No, 8, Section 4, I 8, Planned Unit Developments; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Pennit as requested, 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 to allow Bunker LLC, Inc, to develop a Planned Unit Development on said property with the following conditions: 1. All variances associated with the approval of the Special Use Pennit for the Planned Unit Development shall be approved with the approval of the preliminary plat, Page Two Resolution Special Use Pennit - Planned Unit Development Shadowbrook - Bunker, LLC, Inc. 2, That the Special Use Pennit shall be subject to a sunset clause as defined in Ordinance No, 8, Section 5,03(D). 3. The Special Use Pennit shall be subject to annual review by Staff, 4. The Special Use Permit for the Planned Unit Development shall be contingent on the approval of the preliminary plat of Shadowbrook. 5, A property owners association shall be created with the following documents provided to the City for review and approval prior to being recorded with the final plat: a. Articles ofIncorporation b, By-laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, maintenance of the common areas and other requirements as deemed necessary by the City, Adopted by the City Council of the City of Andover on this 7th day of May. 1996, CITY OF ANDOVER ATTEST L~ 1$ Victoria V olk, City Clerk - EKSIBlT A ux;AL ~Å“ .. .' PARCEL 1: 'llie Northeast Quarter of the Northwest Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota. PARCEL 2: All of Government lot 1, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying east of the centerline of Prairie Road and lying north of the centerline of Countý'Road No. 116. PARCEL 3: .' 'lliat part of Goverrunent Lot 2, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Boulevard. PARCEL 4: 'llie North Half of the Northeast Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota. PARCEL 5: 'llie Southwest Quarter of the Northeast Quarter, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying north of the centerline of Bunker Lake Boulevard except the following described property: Conrnencing at the northeast corner of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of South 2 degrees 39 minutes 49 seconds West, along the east line of said Southwest Quarter of the Northeast Quarter a distance of 406.54 feet to the actual point of beginning; thence North 85 degrees 12 minutes 39 seconds West a distance of 330.00 feet; thence south parallel with said east line to the centerline of Bunker Lake Blvd.; thence South 85 degrees 12 mi¡1UÅ“S 39 seconds East along said cenÅ“rline to the east line of said Southwest Quarter of the Northeast Quarteí'; thence North 2 degrees 39 minutes 49 seconds East along said east line to the actual point of beginning. PARCEL 6: 'llie Southeast Quarter of the Northeast Quarter, Section 36, Townsyuip 32, Range 24, 1Inoka County, Minnesota, lying north of the centerline of Bunker Lake mvd. PARCEL 7: The West Half of the Southwest Quarter of the Northwest Quarter, Section 31, Township 32, Range 23, Anoka County, Minnesota. PARCEL 8: That part of the East Half of the East Half of the East Half of the Southeast Quarter, Section 25, Township 32, Range 24, Anoka County, Minnesota, lying , southerly of a line drawn from a point on the east line of said Southeast Quarter distant 1282.23 feet southerly along said east line from the northeast corner of said Southeast Quarter to a point on the westerly line of said East Half of the Fast Half of the East Half of the Southeast Quarter distant 1257.33 feet southerly along said westerly line from the northwest corner thereof. Being a part of Lot 9, "AVDI'lOR'S SUBDIVISION No. 141." PAæEr, 9: The West Half of the East Half of the East Half of the Southeast Quarter, Section 25, Township 32,· ·Range 24, Anaka County, Minnesota, except the north 673.01 feet thereof. Said tract is also known as part of Lot 8, AUDI'roR'S SUBDIVISICN No. 14l. PARCEL 10: That part of the East Half of the West Half of the East Half of the Southe¡ast Quarter, Section 25, Township 32, Range 24, Anoka County, Minnesota, lyinq south of the following described line: Beginning at a point on the east line of said East Half of the West Half of the East Half of the Southeast Quarter distant 1,357.17 feet north along said east line from the southeast comer of the said E'.a.7t Half of the West Half of the East Half of the Southeast Quarter, SëU.d east line has an assUl!led bearing of North 0 degrees 10 ,Ininutes 59 seconds West, thence North 89 degrees 47 rniJ'lutes 29 seconds West a distance of 61. 86 feet, thence North 81 degrees 30 minutes 36 seconds West a distance of 112.20 feet, thence North 87 degrees 50 minutes 29 seconds West a distance of 99.06 feet¡ thence South 76 degrees 00 Ininutes 22 seconds West a distnace of 53.79 feet to the, west line of said East Half of the West Half of the East Half of the Southeast Quarter and said line there terminating. (Said tract is also known as Lot 7, AVDI'!\JR'S SUBDIVISION NO. 141). . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 100-96 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF SHADOWBROOK BY BUNKER. LLC LOCATED IN SECTIONS 25 AND 36, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing and comments were favorable; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such hearing, the Planning and Zoning Commission recommends approval of the plat citing the fol/owing: 1, Variance from Ordinance 10, Section 9,06 a3 to allow the developer to use the report from GME Consultants dated March 6, 1995 and letter dated August 16, 1995 to establish the lowest floor elevation based on estimated groundwater level and waive mottling soil requirements contingent upon the GME and Braun Intertec reports regarding the evaluation or monitoring of the groundwater during the mass grading, 2, Variance from Ordinance 10, Section 9.06 A3 to aI/ow for the developer to use the letter from GME Consultants dated April 8, 1996 (revised April 19, 1996) to aI/ow lowest floor elevations to be lower than the 100 year flood elevations for detention ponds (areas that drain dry over a period of time) for the following: Phase I Phase /I Lots 7 & 8, Block 2 Lots 1 & 2, Block 3 Lots 16 & 17, Block 3 Lots 10 & 11, Block 3 Lots 26 & 27, Block 3 Lots 4, 5,10& 11, Block 4 Lots 23, 24, 30, 31 & 33, Block 3 Lots 17, 18,20-23, Block 4 Lots 4,5, 17, 18 & 19, Block 5 Lots 1,2,4, 5 & 15, Block 6 Lots 8-14, Block 5 Lots 46-61, Block 8 Lots 2, 3, 4 & 11, Block 6 Lots 1, 3 & 4, Block 9 Lots 11 & 12, Block 9 3, Variance from Ordinance 10, Section 9,06 F to aI/ow double frontage lots along Prairie Road. Block 1, Lots 1-4, Block 2, Lots 1-11 and Block 4, Lots 1-2 are affected, 4, Variance from Ordinance 10, Section 9.02 C due to the number of streets that will meet the definition of a collector street. This section of the ordinance states that preliminary plats shall be approved wherein lots front on the right -of-way of collector streets. 5, Sidewalks will be required where specified by the City Council. 6. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 7, Park dedication as recommended by the Park and Recreation Commission as determined. 8. Contingent upon receiving Special Use Permit for the Planned Unit Development. 9. Contingent on MUSA approval. 10. Variances be granted from Ordinance 8, Section 6.02 for a 10 foot variance to the 35 foot front yard setback for Lot 33, Units 34-59 of Block 1 of Phase II; Lot 1, Units 1-32 of Block 7 of Phase II; and Lot 1, Units 2-63 of Block 8 of Phase I!. 11, Variances from minimum lot requirements for Lot 33, Units 34-59 of Block 1 of Phase II; Lot 1, Units 1-32 of Block 7 of Phase II; and Lot 1, Units 2-63 of Block 8 of Phase II as specified in Ordinance 8, Section 6,02 including the following: · Lot area · Lot width · Lot depth · Rear and side yard setbacks Adopted by the City Council of the City of Andover this 2!!:L day of May , 1996, CITY OF ANDOVER ATTEST: ~, t, m&k~ U E. McKelvey - Mayor ~ t/.&- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, RIo I -96 A RESOLUTION DESIGNATING PRUDENTIAL SECURITIES, INC. AS A SUPPLEMENTAL DEPOSITORY OF CITY FUNDS. WHEREAS, Minnesota statutes, Section 118 sets forth the procedures for the deposit of public funds which requires the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, the City Council of the City of Andover has previously adopted Resolution No. R002-96 designating which depositories may be used for investment purposes in 1996; and WHEREAS, the City desires to add Prudential Securities, Inc. To list of supplemental depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that Prudential Securities, Inc. Is designated as a supplemental depository for 1996, Adopted by the Andover City Council on the 21st Day of May, 1996, CITY OF ANDOVER ATTEST: Li-~ ¿iLL, et' f'. JJ/c, ~b ' J. E, McKelvey, Mayor Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R ....l.Q.2....-96 A RESOLUTION GRANTING THE REQUEST OF TIM GREEN TO EXTEND THE SPECIAL USE PERMIT FOR A MINING PERMIT FOR ONE YEAR TO ALLOW FOR THE CONTINUATION OF MINING ACTIVITIES ON THE PROPERTY LOCATED AT 2855 I61ST AVENUE NW, LEGALLY DESCRIBED BELOW. WHEREAS, Jim Green was granted a Special Use Permit for a mining permit by the City Council on May 3, 1994 to mine 31,000 cubic yards of dirt on the property located at 2855 161st Avenue NW, legally described as follows: The East Half of the Southeast Quarter of the Northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota; Except Road; Subject to Easements of Record; and WHEREAS, Resolution R082-94 approving the Special Use Permit for a mining permit on said property provided a condition that would allow Mr. Green to request an extension if there were no problems during the one year period of the mining activities, WHEREAS, the City has not received any complaints and is not aware of any problems regarding the mining activities on said property. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants a one year extension of the Special Use Permit for a mining permit on said property with the following conditions: 1. Conditions I-II of Resolution R082-94 adopted by the City Council on May 3, 1994 shall be in full effect and continued for the one year extension period, 2. The extension of the Special Use Permit for a mining permit is for one year only and shall expire on May 7, 1997, Adopted by the City Council of the City of Andover on this 7th day of May. 1996. CITY OF ANDOVER ATTEST: jl Pkg.L Ú~¡£æ; /], E. McKelvey, Mayo:Y Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 103-96 A RESOLUTION ESTABLISHING A SEPTIC DUMPING FEE TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following fee is hereby established: TYPE OF FEE FEE Septic Dumping $5.00 per load Adopted by the City Council of Andover this 21 st day of Mav , 19 96, CITY OF ANDOVER ATTEST: ~. £. ÞJ~ J(~ ,~ ~.E. McKelvey - Mayor ¿[¿L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 104-96 MOTION by Council member Kniaht to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO TOWN & COUNTRY FENCE FOR PROJECT NO, 93-7, CITY HALL PARK COMPLEX #2 FOR FENCE CONSTRUCTION. WHEREAS, pursuant to a written contract signed with the City of Andover on October 17 ,1995, Town & Country Fence of Brooklvn Park. MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reaular meeting this 21 st day of Mav , 19 96, with Councilmembers Kniaht. Dehn, McKelvev, Jacobson, Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: .f, »J c.- .E. McKelvey - Mayor ;/~~ ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 105-96 MOTION by Council member Kniaht to adopt the following: A RESOLUTION APPROVING THE CONSULTING FIRM OF MCCOMBS FRANK ROOS ASSOCIATES, INC. FOR ENGINEERING AND ENVIRONMENTAL SERVICES FOR THE REDEVELOPMENT OF THE SOUTH ANDOVER SITE. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby approve the consulting services of McCombs Frank Roos Associates, Inc. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate McCombs Frank Roos Associates. Inc. as the consulting firm for the redevelopment of the South Andover Site, MOTION seconded by Councilmember Dehn and adopted by the City Council at a reaular meeting this 21 st day of Mav , 19 -ªº--, with Councilmembers Kniaht. Dehn, McKelvev. Jacobson, Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATIEST: Ji { mt/<~ .E. McKelvey - Mayor ~1Úb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 106-96 A RESOLUTION VACATING A DRAINAGE, UTILITY AND STREET EASEMENT FOR OUTLOT C, CROWN POINTE EAST, WHEREAS, pursuant to published and mailed notice, the City Council has conducted a public hearing on the drainage, utility and street easement for Outlot C, Crown Pointe East. WHEREAS, as a result of such hearing and review, the City Council recommends vacation of said drainage, utility and street easement, legally described as follows: An easement for drainage, utility and street to be vacated over, under and across the following: All that part of Outlot C, Crown Pointe East, Anoka County, Minnesota. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby agree to vacate said drainage, utility and street easement. Adopted by the City Council of the City of Andover this 21 st day of Mav , 19 96. CITY OF ANDOVER ATTEST: f). . 1. h?,- j/~ ~ tíð.E. McKelvey - Mayor Ú£ Victoria Volk - City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: May 21, 1996 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 21st day of May, 1996, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the sale of, $1,220,000 General Obligation Crossover Refunding Bonds of 1996 of the City. The following members were present: Mayor McKelvey and Councilmembers Knight, Jacobson, and Dehn and the following were absent: Councilmembers Kunza Member Jacobson introduced the following resolution and moved its ado~tion: Rl 7-96 RESOLUTION ACCEPTING PROPOSAL ON SALE OF $1,220,000 GENERAL OBLIGATION CROSSOVER REFUNDING BONDS OF 1996, PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS A. WHEREAS, on April 16, 1996, the City Council of the City of Andover, Minnesota (the "City"), adopted a resolution (the "Preliminary Resolution") , which provided for the private negotiation of $1,230,000 General Obligation Crossover Refunding Bonds of 1996 (the "Bonds") ; and B. WHEREAS, proposals to purchase the Bonds have been solicited by Juran & Moody, Inc. ( "Juran") in accordance with the Preliminary Resolution; and C. WHEREAS, the proposals set forth on Exhibit A & A-l attached hereto were received and opened pursuant to the Official Terms of Bond Sale established for the Bonds in the presence of the Clerk, or designee, at the offices of Juran at 11:00 A.M., Central Time, this same day; and D. WHEREAS, the City Council of the City has heretofore determined and declared that it is necessary and expedient to provide moneys for a crossover refunding of the 318474.1 City's General Obligation Improvement Bonds, Series 1989A, dated July 1, 1989 (the "Prior Bonds"), which mature in 1998, and thereafter, issued for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements (the "Project") within the City pursuant to the resolution of the City Council, dated June 20, 1989, authorizing issuance of the Prior Bonds (the "Prior Resolution") ; and E. WHEREAS, $1,200,000 of the principal amount of the Prior Bonds which mature on or after August 1, 1998, are callable on August 1, 1997, at a price of par plus accrued interest, as provided in the Prior Resolution; and F. WHEREAS, the refunding of the callable Prior Bonds, is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and G. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue the Bonds in the amount of $1,220,000, pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a crossover refunding of the callable Prior Bonds; and H, WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: l. Acceptance of Proposal. The proposal of FBS Investment Services, Inc(the "Purchaser"), to purchase the Bonds of the City (or the "Refunding Bonds", or individually a "Bond"), in accordance with the Official Terms of Bond Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ 1,214,510.00, 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 said proposal maker. The City Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks and drafts. 2 . Bond Terms. (a) Title: Oriqinal Issue Date: Denominations: Maturities. The Bonds shall be titled "General Obligation Crossover Refunding Bonds of 1996", shall be dated June 1, 1996, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be 318474.1 2 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") . The Bonds shall mature, without option of prepayment, on August 1 in the years and amounts as follows: Year Amount Year Amount 1998-1999 $310,000 2000-2001 $300,000 All dates are inclusive. (b) Book Entrv Onlv System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO" as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee") . (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "participant") or the person for which a Participant holds an interest in the Bonds 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, or (C) the payment to any participant, any Beneficial Owner or any other person, other than the Depository, of any amount with 318474.1 3 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 Register 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 or upon the Holder of 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 318474.1 4 book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations") . (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 15 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. (c) Termination of Book-Entrv Onlv Svstem. 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 318474.1 5 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 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (d) The City Clerk is authorized and directed to execute in the name of the City the Letter of Representations in substantially the form on file in the office of the City. In the event of the disability or the resignation or other absence of the Clerk of the City, such other officer of the City who may act in his or her behalf shall without further act or authorization of the City do all things and execute all instruments and documents required to be done or to be executed by such absent or disabled official. The provisions in the Letter of Representations are incorporated herein by referenced and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3 . PurDose, Refundinq Findinqs. The Bonds shall provide funds for a crossover refunding of all the City's callable Prior Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13, and as of the crossover date of the Prior Bonds, shall result in a reduction of the present value of the dollar amount of the debt service to the City from a total dollar amount of $ 1,266,580.30 for the Prior Bonds to a total dollar amount of $ 1,220,639.69 for the Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12, and accordingly the dollar amount of such present value of the debt service for the Bonds is lower by at least three percent (3.00%) than the dollar amount of such present value of the debt service for the Prior Bonds as required in said Subdivision 12. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an 318474,1 6 "Interest Payment Date"), commencing February 1, 1997, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate 1998 4.15 % 2000 4.40 % 1999 4.25 2001 4.50 5. No Redemption. The Bonds shall not be subject to redemption and prepayment prior to their maturity. 6. Bond Reqistrar. First Trust 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 of this resolution. 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: 318474.1 7 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION CROSSOVER REFUNDING BOND OF 1996 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP JUNE 1, 1996 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Andover, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prepayment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 1997, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of First Trust 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 318474.1 8 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. 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.]* REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. 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 Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. * Include only until termination of the book-entry only system under paragraph 2 hereof. 318474.1 9 Date of Registration: Registrable by: FIRST TRUST NATIONAL ASSOCIATION Payable at: FIRST TRUST NATIONAL ASSOCIATION BOND REGISTRAR'S CITY OF ANDOVER, CERTIFICATE OF ANOKA COUNTY, MINNESOTA AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned /s/ Facsimile within. Mayor /s/ Facsimile Clerk FIRST TRUST NATIONAL ASSOCIATION St. Paul. Minnesota Bond Registrar By Authorized Signature 318474.1 10 ON REVERSE OF BOND No RedemDtion. The Bonds of this issue (the "Bonds") are not subject to redemption and prepayment prior to their maturity. Issuance: Puruose: General Obliqation. This Bond is one of an issue in the total principal amount of $1,220,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, which Bond has been 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 of the Issuer on May 21, 1996 (the "Resolution"), for the purpose of providing funds sufficient for a crossover refunding on August 1, 1997, of the Issuer's General Obligation Improvement Bonds, Series 1989A, dated July 1, 1989, which mature on August 1, 1998, and thereafter. This Bond is payable out of the Escrow Account and the Debt Service Account of the Issuer's General Obligation Crossover Refunding Bonds of 1996 Fund. 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 as fully registered bonds in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. 318474,1 11 Fees UDon 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 Reqistered 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 on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication, This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Oualified Tax-ExemDt Obliqation. 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. 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) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 318474.1 12 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: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institu- tion" as defined in 17 CFR 240.17 Ad-15 (a) (2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 318474.1 13 8 . Execution: TemDorarv Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such 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, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. 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, which date is June 1, 1996. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Reqistration: Transfer: Exchanqe. 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 318474.1 14 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 II 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 cancelled by the Bond Registrar and thereafter disposed of as directed by the City. 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 surrèndered 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 318474.1 15 dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 1l. Riqhts UDon Transfer or Exchanqe. 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 Pavrnent; 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 (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the 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 (10) days prior to the Special Record Date. 13. Treatment of Reqistered 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 above) 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. Deliverv: ADDlication of Proceeds. The Bonds when so prepared and executed shall be delivered by the Treasurer 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 created a special fund to be designated the "General Obligation Crossover Refunding Bonds of 1996 Fund" (the "Fund") to be administered and maintained by the Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Escrow Account" and "Debt Service Account", respectively. 318474.1 16 (i) Escrow Account. The Escrow Account shall be maintained as an escrow account with First Trust National Association (the "Escrow Agent") in St. Paul, Minnesota, which is a. suitable financial institution within or without the State whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than $500,000. All proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, (a) to pay when due the interest to accrue on each Bond herein authorized to and including August 1, 1997; (b) to pay when called for redemption on August 1, 1997, the principal amount of each of the Prior Bonds. From the Escrow Account there shall be paid (1) all interest on the Bonds herein authorized to and including August 1, 1997, (2) the principal of the Prior Bonds due by reason of their call for redemption on August 1, 1997. The Escrow Account shall be irrevocably appropriated to the payment of the principal of and interest on the Bonds herein authorized until the proceeds of the Bonds are applied to payment of the Prior Bonds. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with an agreement (the "Escrow Agreement") by and between the City and Escrow Agent, a form of which agreement is on file in the office of the Clerk, Any moneys remitted to the City upon termination of the Escrow Agreement shall be deposited in the Debt Service Account. (ii) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocably appropriated and there shall be credited: (1) after the crossover date, all uncollected special assessments pledged to the payment of the Prior Bonds; (2) all collections of taxes which may hereafter be levied in the event that special assessments and other funds herein pledged to the payment of the principal and interest of the Bonds of this issue are insufficient therefor; (3) any balance remitted to the City upon the termination of the Escrow Agreement; (4) any balance remaining on August 2, 1997, in the Improvement Bonds Series 1989A Debt Service Fund created by the Prior Resolution; (5) all investment earnings on funds in the Debt Service Account; and (6) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt 318474.1 17 Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any o~her bonds hereafter issued and made payable from the Fund. 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 (5%) 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 Fund (or any other City account which will be sued to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and 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 federal Internal Revenue Code of 1986, as amended (the "Code") . 16. Prior Bonds; Security. Until retirement of the Prior Bonds, all provisions theretofore made for the security thereof shall be observed by the City and all of its officers and agents. 17. SDecial Assessments. The City has heretofore levied special assessments pursuant to the Prior Resolution, which assessments were pledged to the payment of the principal and interest on the Prior Bonds and, after the crossover date, all uncollected special assessments are now pledged to the payment of principal and interest on the Bonds herein authorized. 18. Coveraqe Test. The special assessments are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds and sums held in the Escrow Account, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. 318474.1 18 19. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also 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, subject 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. General Obliqation Pledqe. For the prompt and full payment of the principal of and interest on the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Escrow Account or Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Escrow Account or Debt Service Account when a sufficient balance is available therein. 21. Securities: Escrow Aqent. Securities purchased from moneys in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City Council has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. 22. RedemDtion of Prior Bonds. The Prior Bonds which mature in 1998 and thereafter shall be redeemed and prepaid on August 1, 1997, in accordance with the terms and conditions set forth in the Notice of Call for Redemption attached hereto as Exhibit B, which terms and conditions are hereby approved and incorporated herein by reference. Said Notice of Call for 318474.1 19 Redemption shall be mailed to the paying agent or agents for the Prior Bonds prior to said redemption date and therefor to the registered owner of each Prior Bond at the address shown on the registration books kept by the registrar for the Prior Bonds pursuant to the Escrow Agreement. 23. Escrow Aqreement. On or prior to the delivery of the Bonds the Mayor and Clerk shall, and are hereby authorized and directed to, execute on behalf of the City an Escrow Agreement. The Escrow Agreement is hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 24. Purchase of SLGS or ODen Market Securities. Juran as agent for the Council, is hereby authorized and directed to purchase on behalf of the Council and in its name the appropriate United States Treasury Securities, State and Local Government Series and/or open market securities as provided in paragraph 20 above, from the proceeds of the Bonds and, to the extent necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. 25. Certificate of Reqistration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's Certificate that the Bonds have been entered in the County Auditor's Bond Register. 26. 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 re furnished, shall be deemed representations of the City as to the facts recited therein. 27. Neqative Covenant as to Use of 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 318474.1 20 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. 28. Tax-ExemDt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3 ) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f) (4) (D) of the Code. Furthermore: (i) each of the Prior Bonds was issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for govern- mental units issuing $5,000,000 or less of bonds; (H) the average maturity of the Bonds does not exceed the remaining average maturity of the Prior Bonds; and (Hi) no maturity of the Bonds has a maturity date which is later than the date which is thirty (30) years after the dates the Prior Bonds were issued. 29. Desiqnation of Oualified Tax-ExemDt Obliqations. In order to qualify the Bonds as "qualified tax-exempt 318474.1 21 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 1996 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1996 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. 30, Supplemental Resolution. The Prior Resolution is hereby supplemented to the extent necessary to give effect to the provisions of this resolution. 31. Severabilitv. 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. 32. Headinqs. 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. 318474.1 22 The motion for the adoption of the foregoing resolution was duly seconded by member TIphn and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: McKelvey, Knight, Jacobson, and Dehn and the following voted against the same: none Whereupon said resolution was declared duly passed and adopted. 318474.1 23 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals for, and awarding the sale of, $1,220,000 General Obligation Crossover Refunding Bonds of 1996 of said City. WITNESS my hand this 21st day of May, 1996. l:--6:u ¡J¿¿ Clerk 318474.1 24 EXHIBIT A FBS INVESTMENf SERVICES. INC, 4.15% - 1998 NORWESTINVESTMENTSERVICESINC)ITMGR 4,25% - 1999 4.40% - 2000 4,50% - 200 1 PURCHASE PRICE: $1.224,465.00 $201.002,50 (4.4866%) PIPER JAFFRA Y. INC, 4,10% - 1998 4.20% - 1999 4.30% - 2000 4,30% - 200 1 PURCHASE PRICE: $1.217.700,00 $202,577,50 (4.5218%) JOHN G, KINNARD & CO 4.15% - 1998 AMERICAN NATIONAL BANK, ST. PAUL) CO- 4.30% - 1999 DOUGHERTY, DAWKINS, STRAND) MGRS, 4.45% - 2000 & BIGELOW) 4.55% - 200 1 PURCHASE PRICE: $1.224,772,50 $202,593.75 (4,5221%) CRONIN & CO" INC, 4.15% - 1998 SMITH BARNEYINC.) If MANAGER 4.30% - 1999 4.40% - 2000 4,55% - 200 1 PURCHASE PRICE: $1,221,759,00 $204,982.25 (4.5754%) MILLER & SCHROEDER FINANCIAL, INC, 4,20% - 1998 4.35% - 1999 4,50% - 2000 4,60% - 2001 PURCHASE PRICE: $1,223,850,00 $205,756,25 (4,5927%) DEAN WITTER REYNOLDS. INC, 4,15% - 1998 4.35% - 1999 4.45% - 2000 4.55% - 200 1 PURCHASE PRICE: $1,221.082,50 $206.782.50 (4,6156%) DAlNBOSWORTH INCORPORATED 4.375% - 1998 4.375% - 1999 4.400% - 2000 4.400% - 2001 PURCHASE PRICE: $1,218,058.80 $208.641.20 (4,6571%) FIRSTAR 4.35% - 1998 4.40% - 1999 4.50% - 2000 4,60% - 2001 PURCHASE PRICE: $1.221,630.90 $209,497.85 (4,6762%) EXHIBIT A-I (ADJUSTED PROPOSAL) FBS INVESTMENT SERVICES, INC. 4,15% - 1998 $310.000 NORWESTINES1MENTSERVICES.INC,)ITMGR 4,25% - 1999 310,000 4.40% - 2000 300.000 4.50% - 200 1 300.000 PURCHASE PRICE: $ 1,214,510.00 $199.835,00 (4.4873%) EXHIBIT B NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1989A CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on August 1, 1997 those outstanding bonds of the City designated as General Obliga- tion Improvement Bonds, Series 1989A, dated July 1, 1989, having stated maturity dates in the years 1998 through 2001, and totalling $1,200,000 in principal amount. The bonds are being called at a price of par plus accrued interest to August 1, 1997, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at First Trust National Association, 180 East Fifth Street, 3rd Floor-Bond Drop Window, or if by mail, to P.O. Box 64111, in St. Paul, Minnesota 55164- 0111, on or before August 1, 1997. Dated: May 21, 1996. BY ORDER OF THE CITY COUNCIL /s/ Vicki Volk Clerk Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31% will be withheld if tax identification is not properly certified. Additional information may be obtained from: JURAN & MOODY, INC. Minnesota Mutual Life Building 400 North Robert Street Suite 800 St. Paul, Minnesota 55101-2091 Telephone No.: (612) 224-1500 Attn. : Lori A. Giampaolo Public Finance Department 318474.1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: May 21, 1996 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 21st day of May, 1996, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the sale of, $2,055,000 General Obligation Tax Increment Bonds of 1996 of the City. The following members were present: Mayor McKelvey and CouncilmembersKnight, Jacobson, and Dehn and the following were absent: Councilmember Kunza Member Dehn introduced the following resolution and moved its adoption: RI08-96 RESOLUTION ACCEPTING PROPOSAL ON SALE OF $2,055,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1996, PROVIDING FOR THEIR ISSUANCE, AND PLEDGING TAX INCREMENTS FOR THE PAYMENT THEREOF A. WHEREAS, on April 16, 1996, the City Council of the City of Andover, Minnesota (the "City"), adopted a resolution (the "Preliminary Resolution"), which provided for the private negotiation of $2,055,000 General Obligation Tax Increment Bonds of 1996 (the "Bonds"); and B. WHEREAS, proposals to purchase the Bonds have been solicited by Juran & Moody, Inc. ("Juran" ) in accordanCe with the Preliminary Resolution; and C. WHEREAS, the proposals set forth on Exhibit A attached hereto were received and opened pursuant to the Official Terms of Bond Sale established for the Bonds in the presence of the Clerk, or designee, at the offices of Juran at 11:00 A.M., Central Time, this same day; and 321061.1 D. WHEREAS, the City Council of the City, has heretofore created Development District No. 1 (the "Development District" ) pursuant to the provisions of Minnesota Statutes, Sections 469.124 through 469.134, and has approved a development program (the "Program") with respect to the Development District; and E. WHEREAS, the Council has also approved a tax increment financing plan (the "Plan") and designated Tax Increment Financing Districts Nos. 1-1 and 1-2 as redevelopment districts within the Development District (collectively, the "Tax Increment District") under the provisions of Minnesota Statutes, Sections 469.174 through 469.179; and F. WHEREAS, pursuant to the provisions of the Program and Plan, funds are to be expended within the Development District to provide money to finance certain public improvements, constituting capital and administration costs of the Development District, as set forth in the Plan (the "Project"); and G. WHEREAS, the City Council of the City has heretofore determined and declared that it is necessary and expedient to issue the Bonds of the City, pursuant to Minnesota Statutes, Chapters 469 and 475, to finance the Project; and H. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: l. Acceptance of Proposal. The proposal of Piper Jaffray, Inc. (the "Purchaser") , to purchase the Bonds of the City (or individually, a "Bond") , in accordance with the Official Terms of Bond Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ 2,024,175.00 , 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 said proposal maker. The City Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks and drafts. 2. Bond Terms. (a) Title: Oriqinal Issue Date: Denominations: Maturities. The Bonds shall be titled "General Obligation Tax Increment Bonds of 1996", shall be dated June 1, 1996, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-l upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized 321061.1 2 Denominations"). The Bonds shall mature on August 1 in the years and amounts as follows: Year Amount Year Amount 1997 $ 40,000 2005 $125,000 1998 65,000 2006 140,000 1999 70,000 2007 150,000 2000 80,000 2008 165,000 2001 85,000 2009 180,000 2002 95,000 2010 195,000 2003 105,000 2011 215,000 2004 115,000 2012 230,000 (b) Book Entry OnlY SYstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds 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 321061.1 3 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 Register 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 or upon the Holder of 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 321061.1 4 book-entry Depository for the Bonds, collectively hereinafter referred to, as the "Letter of Representations") . (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 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entrv Only SYstem. Discontinu- ance 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. 321061.1 5 (Ü) 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 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (d) The City Clerk is authorized and directed to execute in the name of the City the Letter of Representations in substantially the form on file in the office of the City. In the event of the disability or the resignation or other absence of the Clerk of the City, such other officer of the City who may act in his or her behalf shall without further act or authorization of the City do all things and execute all instruments and documents required to be done or to be executed by such absent or disabled official. The provisions in the Letter of Representations are incorporated herein by referenced and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3 . Pu=ose. The Bonds shall provide funds to finance the Project. Pursuant to the Plan, tax increments derived from the Tax Increment District (the "Tax Increments") established pursuant to the Plan, have been pledged to the payment of the Bonds and interest thereon. The estimated collection of Tax Increments exceeds twenty percent (20%) of the cost of 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. Proceeds of the Bonds shall be expended on costs or uses permitted by Minnesota Statutes, Sections 469.174 through 469.179, including particularly Section 469.176, Subdivision 4, and shall not be expended on any costs or devoted to any other uses. 321061.1 6 4. Interest. The Bonds shall bear interest payable semiannually on February ~ and August ~ of each year (each, an "Interest Payment Date"), commencing February ~, ~997, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate ~997 4.75% 2005 4.90 %- ~998 4.75 2006 5.00 ~999 4.75 2007 5.10 2000 4.75 2008 5.20 200~ 4.75 2009 5.20 2002 4.75 2010 5.30 2003 4.75 20~~ 5.40 2004 4.80 20~2 5.40 5. RedemDtion. All Bonds maturing in the years 2004 to 20~2, both inclusive, shall be subject to redemption and prepayment at the option of the City on August ~, 2003, and on any interest payment 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, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; 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 at least 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 princ~pal 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 321061.1 7 be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6 . Bond Reqistrar. First Trust 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 of this resolution. 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: 321061.1 8 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION TAX INCREMENT BOND OF 1996 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP JUNE 1, 1996 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Andover, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest payment Date"), commencing February 1, 1997, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of First Trust 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 321061.1 9 "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.]* REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. 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 Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. * Include only until termination of the book-entry only system under paragraph 2 hereof. 321061.1 10 Date of Registration: Registrable by.: FIRST TRUST NATIONAL ASSOCIATION payable at: FIRST TRUST NATIONAL ASSOCIATION BOND REGISTRAR'S CITY OF ANDOVER, CERTIFICATE OF ANOKA COUNTY, MINNESOTA AUTHENTICATION This Bond is one of the Bonds described in the /s/ Facsimile Resolution mentioned Mayor within. /s/ Facsimile Clerk FIRST TRUST NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature 321061. 1 11 ON REVERSE OF BOND Redemption. All Bonds of this issue (the "Bonds" ) maturing in the years 2004 to 2012, both inclusive, are subject to redemption and prepayment at the option of the Issuer on August 1, 2003, and on any interest payment 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, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redemption: Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denomina- tions, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 321061.1 12 Issuance: Puroose, General Obligation. This Bond is one of an issue in the total principal amount of $2,055,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been 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 of the Issuer on May 21, 1996 (the "Resolution"), for the purpose of providing money to finance certain public improvements, constituting capital and administration costs of Development District No.1 within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Tax Increment Bonds of 1996 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, Exchanqe, Resolution. The Bonds are issuable solely as fully registered bonds in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. 321061.1 13 Treatment of Reqistered 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 on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Oualified Tax-Exempt Obliqation. 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. 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) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 321061.1 14 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: The assignor's signature to this assignment must correspond with,the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15 (a) (2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 321061.1 15 [Use only for Bonds when they are Registered in Book Entry Only System] PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER 321061.1 16 8. Execution: Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City: provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such 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, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 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, which date is June 1, 1996. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 321061,1 17 10. Reqistration: Transfer: Exchanqe. 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. 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. 321061.1 18 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 Clerk is hereby authorized to negotiate and execute the terms of said agreement. 1L Riqhts U?on 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 (15th) day of the calendar month next preceding such Interest payment Date (the "Regular Record Date") . Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the 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 (10) days prior to the Special Record Date. 13. Treatment of Reqistered 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 above) 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. Deliverv: A?Dlication of Proceeds. The Bonds when so prepared and executed shall be delivered by the Treasurer 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 created a special fund to be designated the "General Obligation Tax Increment Bonds of 1996 Fund" (the "Fund") to be administered and maintained by the Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner 321061.1 19 herein specified until all of the Bonds and any other general obligation tax increment bonds hereafter made payable from the Fund and issued for the Project, including any modifications or additions thereto, and the interest thereon have been fully paid and the City has been fully reimbursed from the pledge of Tax Increments for all of the principal and interest of such bonds paid by the City from taxes levied on property in the City other than the Tax Increment District. There shall be maintained in the Fund two (2) separate accounts to be designated the "Capital Account" and "Debt Service Account", respectively. (i) CaDital Account. To the Capital Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon and less any amount paid for the Bonds in excess of $2,024,175. From the Capital Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said 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 receipt of Tax Increments. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) Tax Increments in an amount sufficient, together with other sums herein pledged, to pay the annual principal and interest payments on the Bonds; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $2,024,175; (d) any collections of all taxes which may hereafter be levied in the event that the Tax Increments and other sums herein pledged to the payment of the Bonds are insufficient therefor; (e) all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (f) all investment earnings on funds held in the Debt Service Account; and (g) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. 321061.1 20 No portion of the proceeds of the Bonds shall be used é' 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 (5%) 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. Original Net Tax CaDacitv: Tax Increments: Use of Tax Increments. The County Auditor of Anoka County has certified the original net tax capacity of property in the Tax Increment District. The County Auditor shall determine in each year if the then-current net tax capacity of property in the Tax Increment District exceeds the original net tax capacity, and shall calculate, in the manner provided in Minnesota Statutes, Section 469.177, Subdivision 3, the captured net tax capacity (as defined therein) attributable to the Tax Increment District. The City hereby determines to retain 100% of the captured tax capacity for purposes of tax increment financing. The County Auditor shall, in each such year, compute the local tax rate to be extended against the captured net tax capacity in the manner provided in Minnesota Statutes, Section 469.177, Subdivision 3, and the tax generated thereby shall constitute the Tax Increments for the year in which it is received. The County Treasurer will remit to the City the Tax Increments so received. The City hereby appropriates the Tax Increments to the Debt Service Account, which appropriation shall continue until all of the Bonds and any additional bonds payable from the Debt Service Account, are paid or discharged. The City hereby expressly reserves the right to use the Tax Increments to finance costs set forth in the Plan not financed hereby or to finance costs of other projects to be undertaken from time to time within the Development District in , 321061.1 21 accordance with the Program and the Plan, as they may from time to time be amended. 17. Reservation of Riqhts. Notwithstanding any provisions herein to the contrary, the City reserves the right to terminate, reduce, or apply to other lawful purposes the Tax Increments herein pledged to the payment of the Bonds and interest thereon to the extent and in the manner permitted by law. IS. Future Tax Levies. On or before October 10 of each year, the Clerk shall certify to the County Auditor of Anoka County the amount of Tax Increments and any other funds appropriated to and then held in the Debt Service Account and the estimated collections of Tax Increments to be received in the next succeeding year. In the event that it is anticipated that the aggregate of said sums will not be sufficient to pay the principal and interest on the Bonds to become due in the first calendar year thereafter and the first six (6) months of the succeeding calendar year, the City Council shall pass a resolu- tion requesting the County Auditor of Anoka County to levy an ad valorem tax in an amount as is necessary, together with the aforementioned funds then held in the Debt Service Account and said estimated collections of Tax Increments, to pay the principal and interest on the Bonds to become due during said period. 19. Coveraqe Test. The estimated collections of Tax Increments are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. 20. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. 321061.1 22 -~- 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. 21. ComDliance With Reimbursement Bond Reoulations. 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 reim- burse 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 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the 321061.1 23 proceeds of the Bonds. Notwithstanding the foregoing, with respect to any Declaration made by the City between January 27, 1992 and June 30, 1993, with respect to a Reimbursement Expenditure made prior to March 2, 1992, the City hereby represents that there exists objective evidence, that at the time the Expenditure was paid the City expected to reimburse the cost thereof with the proceeds of a borrowing (taxable or tax-exempt) and that expectation was reasonable. (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 Reim- bursement Regulations for each Reimbursement Expendi- ture shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reim- bursement Expenditure or one year after the date on which the Project to which the Reimbursement Expendi- ture relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 21 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 22. Continuinq 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 each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID") , if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual 321061.1 24 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, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. C. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. D. The City agrees that its covenants pursuant to the Rule set forth in this paragraph 22 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 Clerk of the City, or any other officer of the City authorized to act in their place with "Officers" are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 23. General Obliqation Pledqe. 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. 24. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register. 321061.1 25 25. 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. 26. Negative Covenant as to Use of Proceeds and proiect. 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. 27. Tax-ExemDt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148 (f) (4) (C) of the Code. 321061.1 26 28. Designation of Oualified Tax-Exempt Obliqations. 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 SOl (e) (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 1996 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1996 have been designated for purposes of Section 265(b) (3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 29. Severabilitv. 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. Headinqs. 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 ado~tion of the foregoing resolution was duly seconded by member Kn~ght and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: McKelvey, Knight, Jacobson and Dehn 321061.1 27 and the following voted against the same: none Whereupon said resolution was declared duly passed and adopted. 321061.1 28 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals for, and awarding the sale of, $2,055,000 General Obligation Tax Increment Bonds of 1996 of said City. WITNESS my hand this 21st day of May, 1996 . ~ /æ Clerk 321061.1 29 EXHIBIT A PIPER IAFFRA Y INe. 4.75% - 1991¡\)3 4,80% - 2004 4,90% - 200S 5,00% - 2006 5.10% - 20f1/ 5,20% - 200811>9 5,30% - 2010 5.40% - 2011/12 $1,159,260,00 PURCHASE PRICE: $2,024.175,00 (5,3122%) CRONIN & CO" INC, 4.00% - 1991 SMITH BARNEY INC,) IT, MANAGER 4.15% -1998 4.30% - 1999 4,40% . 2000 4,55% - 2001 4.65% - 2002 4.75% -2003 4,90% - 2004 5,00% - 2005AJ6 5,10%-20f1/ 5,20% - 2008 5,30% - 2009 5,40% - 2010 5,50%·2011 5,60% . 2012 PURCHASE PRICE: $2,024,176,30 $1,172,350.37 (5,3722%) FBS INVESTMENT SER VICES,INC, 3.90% - 1997 NORWESf INVESTMENT SERVICES INC,) IT, MGR. 4.15% - 1998 4.25% - 1999 4,40% . 2000 4.50% - 2001 4.60% - 2002 4.70% - 2003 4,80% - 2004 4,90% - 2005 5.00% - 2IJ06 5.10% - 20f1/ 5,20% - 2008 5.35% - 2009 5.45% - 2010 5.55% - 2011 5,65% - 2012 PURCHASE PRICE: $2,024,175,00 $1,175,276,25 (5.3856%) JOHN G, KINNARD & CO, 4,00% - 1997 AMERICAN NATIONAL BANK, ST, PAUL) CO- 4,20% - 1998 DOUGHERTY, DAWKINS, SlRAND) MGRS. 4.40% - 1999 & BIGELOW) 4.60% - 2000 4.70% - 2001 4,75% - 2002 4.80% - 2003 4,90% . 2004 5,00% . 2005 5,10% -2006 5,20% . 20f1/ 5.30% - 2008 5,40% . 2009 5,50% - 2010 5,55% - 2011 5.60% - 2012 PURCHASE PRICE: $2,034,450.00 $1,176,525,00 (5,3913%) DEAN wrITER REYNOLDS, INC, 4.60% - 1997ftJ2 4,70% - 2003 4.85% - 2004 4.95% - 2005 5.05% - 2006 5,15% - 20f1/ 5.25% - 2008 5.35% - 2009 5,45% - 2010 5.55% ·2011 5.60% - 2012 PURCHASE PRICE: $2,024,194,25 $1,179,835,33 (5,4065%) DAIN BOSWORTII INCORPORATED 5,00% - 1997 -. 5.20'1'0 -1998,00 5,25% ·2001107 5.30% - 2008/12 PURCHASE PRICE: $2,024,216.45 $I,183.os9.8O (5,4212%) EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: May 21, 1996 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 21st day of May, 1996, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the sale of, $600,000 General Obligation Improvement Bonds of 1996 of the City. The following members were present: Mayor McKelvey and Councilmembers Knight, Jacobson, and Dehn and the following were absent: Councilmember Kunza Member Knight introduced the following resolution and moved its adoption: RI09-96 RESOLUTION ACCEPTING PROPOSAL ON SALE OF $600,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1996, PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS A. WHEREAS, on April 16, 1996, the City Council of the City of Andover, Minnesota (the "City"), adopted a resolution (the "preliminary Resolution"), which provided for the private negotiation of $600,000 General Obligation Improvement Bonds of 1996 (the "Bonds"); and B. WHEREAS, proposals to purchase the Bonds have been solicited by Juran & Moody, Inc. ("Juran") in accordance with the Preliminary Resolution; and C. WHEREAS, the proposals set forth on Exhibit A attached hereto were received and opened pursuant to the Official Terms of Bond Sale established for the Bonds in the presence of the Clerk, or designee, at the offices of Juran at 11:00 A.M., Central Time, this same day; and D. WHEREAS, the City Council of the City has heretofore determined and declared that it is necessary and expedient to issue the Bonds of the City, pursuant to Minnesota 321060.1 Statutes, Chapters 429 and 475, to finance the construction of various improvements in the City (the "Improvements"); and E. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and F. 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. AcceDtance of ProDosal. The proposal of FBS Investment Services, Inc. (the "Purchaser"), to purchase the Bonds of the City (or individually, a "Bond"), in accordance with the Official Terms of Bond Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $593,400.00 , 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 said proposal maker. The City Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks and drafts. 2. Bond Terms. (a) Title: Oriqinal Issue Date: Denominations: Maturities. The Bonds shall be titled "General Obligation Improvement Bonds of 1996", shall be dated June 1, 1996, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds 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") . The Bonds shall mature on August 1 in the years and amounts as follows: Year Amount Year Amount 1997 $50,000 2002-2003 $65,000 1998-1999 55,000 2004-2005 70,000 2000-2001 60,000 2006 50,000 All dates are inclusive. (b) Book Entrv Onlv Svstem. 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: 321060.1 2 (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period") , shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds 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 Register 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, 321060.1 3 shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder of 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") . (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 15 calendar days in advance of such special record date to the extent possible. 321060.1 4 (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entrv Onlv Svstem. 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 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (d) The City Clerk is authorized and directed to execute in the name of the City the Letter of Representations in substantially the form on file in the office of the City. In the event of the disability or the resignation or other absence of 321060.1 5 the Clerk of the City, such other officer of the City who may act in his or her behalf shall without further act or authorization of the City do all things and execute all instruments and documents required to be done or to be executed by such absent or disabled official. The provisions in the Letter of Representations are incorporated herein by referenced and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. PUrDose . The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, 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. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements 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 February 1, 1997, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate 1997 3.90 % 2002 4.60 % 1998 4.15 2003 4.70 1999 4.25 2004 4.80 2000 4.40 2005 4.90 2001 4.50 2006 5.00 5. Redem1;>tion. All Bonds maturing in the years 2000 to 2006, both inclusive, shall be subject to redemption and prepayment at the option of the City on August 1, 1999, and on any Interest Payment 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, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; 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 321060.1 6 affected registered holder of the Bonds at least 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 discre- tion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Reqistrar. First Trust 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 of this resolution. 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: 321060.1 7 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION IMPROVEMENT BOND OF 1996 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP JUNE 1, 1996 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Andover, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, 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 February 1, 1997, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of First Trust 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 321060.1 8 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.]* REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. 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 Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. * Include only until termination of the book-entry only system under paragraph 2 hereof. 321060.1 9 Date of Registration: Registrable by: FIRST TRUST NATIONAL ASSOCIATION Payable at: FIRST TRUST NATIONAL ASSOCIATION BOND REGISTRAR'S CITY OF ANDOVER, CERTIFICATE OF ANOKA COUNTY I MINNESOTA AUTHENTICATION This Bond is one of the Bonds described in the /s/ Facsimile Resolution mentioned Mayor within. /s/ Facsimile Clerk FIRST TRUST NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature 321060.1 10 ON REVERSE OF BOND Redemption. All Bonds of this issue (the "Bonds" ) maturing in the years 2000 to 2006, both inclusive, are subject to redemption and prepayment at the option of the Issuer on August 1, 1999, and on any Interest Payment 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, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redemption: Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denomina- tions, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance: Pu=ose : General Obliqation. This Bond is one of an issue in the total principal amount of $600,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been 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 of the 321060.1 11 Issuer on May 21, 1996 (the "Resolution"), for the purpose of providing money to finance the construction of various improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds of 1996 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: Exchanqe: Resolution. The Bonds are issuable solely as fully registered bonds in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Reqistered 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 on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. 321060.1 12 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 Obliqation. 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. 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) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 321060.1 13 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: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a) (2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 321060.1 14 [Use only for Bonds when they are Registered in Book Entry Only System] PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER 321060.1 15 8. Execution: TemDorarv Bonds. The Bonds shall be printed (or, at the request of the purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such 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, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 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, which date is June 1, 1996. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Reqistration: Transfer: Exchanqe. 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. 321060.1 16 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 Ifbearer" 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. 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 Clerk is hereby authorized to negotiate and execute the terms of said agreement. 321060.1 17 11. Riqhts UDon Transfer or Exchanqe. 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 Pavrnent: 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 (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date") . Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the 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 (10) days prior to the Special Record Date. 13. Treatment of Reqistered 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 above) 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. Deliverv: ADPlication of Proceeds. The Bonds when so prepared and executed shall be delivered by the Treasurer 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 created a special fund to be designated the "General Obligation Improvement Bonds of 1996 Fund" (the "Fund") to be administered and maintained by the Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account", respectively. (i) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $591,000, and less capitalized interest in the amount of $ -0.00- (together with 321060.1 18 interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before Nov. 1, 199~), plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said 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 special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $591,000; (d) capitalized interest in the amount of $ -0.00- (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before Nov. 1, 1996); (e) all collections of taxes which may hereafter be levied-in the event that special assessments and other funds herein pledged to the payment of the principal and interest of the Bonds of this issue are insufficient therefor; (f) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (g) all investment earnings on funds held in the Debt Service Account; and (h) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and 321060.1 19 interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the 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 (5%) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be, invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code") . 16. Assessments. It is hereby determined that no less than one hundred percent (100%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Councilor any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have not heretofore been authorized, and 321060.1 20 accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as are required by the conditions in existence at the time the assessments are levied, it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the rate per annum set forth opposite the collection years specified below: Improvement Collection Desiqnation Amount Levv Years Years Rate $580,000 1996-2005 1997-2006 ;N % At the time the assessments are in fact levied the City Council shall, based on the then-current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Coveraqe Test. The special assessments are such that if collected in full they, together with estimated collections of other revenues herein pledged for the p~yment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, 321060.1 21 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. 19. Compliance With Reimbursement Bond Requlations. 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 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. Notwithstanding the foregoing, with respect to any Declaration made by the City between January 27, 1992 and June 30, 1993, with respect to a Reimbursement Expenditure made prior to March 2, 1992, the City hereby represents that there exists objective evidence, that at the time the Expenditure was paid the City expected to reimburse the 321060.1 22 cost thereof with the proceeds of a borrowing ( taxable or tax-exempt) and that expectation was reasonable. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2 (d) (3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the' Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 19 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. 20. 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 each nationally recognized municipal securities information repository ("NRMSIR" ) and to the appropriate state information depository ("SID") , if any, for the State of Minnesota, in each case as designated by the Commission 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, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. 321060.1 23 C. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (H) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. D. The City agrees that its covenants pursuant to the Rule set forth in this paragraph 20 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 Clerk of the City, or any other officer of the City authorized to act in their place with "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 (Hi) acceptable to the Officers. 21. General Obliqation 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 Reqistration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register. 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 321060.1 24 furnished, shall be deemed representations of the City as to the facts recited therein. 24. Neqative Covenant as to Use of Proceeds and Imnrovements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, 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-Exemnt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148 (f) (4) (D) of the Code. 26. Designation of Oualified Tax-Exemnt Obliqations. 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; 321060.1 25 (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 26S(b) (3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified SOl (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 1996 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1996 have been designated for purposes of Section 265(b) (3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. 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. 28 . Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Dehn and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: McKelvey, Knight, Jacobson, and Dehn and the following voted against the same: none Whereupon said resolution was declared duly passed and adopted. 321060.1 26 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals for, and awarding the sale of, $600,000 General Obligation Improvement Bonds of 1996 of said City. WITNESS my hand this 21st day of May, 1996 . ~ dItJ Clerk 321060.1 27 EXHIBIT A FBS INVESTMENT SERVICES. INC, 3,90% - 1997 NORWESTINVESTMENTSERVICESINC)JT,MGR. 4.15% - 1998 4.25% - 1999 4.40% - 2000 4.50% - 200 1 4,60% - 2002 4,70% - 2003 4,80% - 2004 4,90% - 2005 5,00% - 2006 PURCHASE PRICE: $593.400,00 $170,803.33 (4,8800%) MILLER & SCHROEDER FINANCIAL, INC, 4,10% - 1997 4,20% - 1998 4.35% . 1999 4,50% - 2000 4,60% - 2001 4,70% - 2002 4.80% - 2003 4.90% - 2004 5.00% - 2005 5,15% - 2006 PURCHASE PRICE: $594,060,00 $173,896,25 (4,9684%) DAINBOSWoR1H INCoRPDRA1ED 4.00% - 1997 4,20% - 1998 4.40% - 1999 4,50% - 2000 4.60% - 2001 4,70% - 2002 4,80% - 2003 4.90% - 2004 5,00% - 2005 5.10% - 2006 PURCHASE PRICE: $591,060.00 $176.670,83 (5,0477%) JOHN G, KINNARD & CO, 4,00% - 1997 AMERICANNATIoNALBANK,ST,PAUL) CO- 4,20% - 1998 OOUGHERTY, DAWKINS, STRAND) MGRS. 4.40% - 1999 & BIGELOW) 4,60% - 2000 4,70% - 2001 4.80% - 2002 4,90% - 2003 5,00% - 2004 5,10% - 2005 5,20% - 2006 PURCHASE PRICE: $594.120,00 $176,759,17 (5,0502%) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 110-96 A RESOLUTION DESIGNATING NO PARKING ON THE EAST SIDE OF CROOKED LAKE BOULEVARD NW FROM 133RD AVENUE NW TO BUNKER LAKE BOULEVARD NW, WHEREAS, the City Council is cognizant of the public nuisance traffic hazard, congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to a potential problem, WHEREAS, this route is identified as a bicycle route in the City's Comprehensive Plan, NOW THEREFORE, BE IT RESOLVED by the City Council of Andover that there be no parking on the east side of Crooked Lake Boulevard NW from 133rd Avenue NW to Bunker Lake Boulevard NW, Adopted by the City Council of the City of Andover this 21 st day of Mav , 19 96. CITY OF ANDOVER ATTEST: (J. ~ h1~ ~~ c/.J.E. McKelvey - Mayor ¡L~ /~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, RIII-96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF SUPERAMERlCA TO ALLOW FOR THE PLACEMENT OF BANNERS, FLAGS AND SIMILAR DEVICES (INFLATABLE SA MAN AND THE NORTH STAR PENGUIN) ASSOCIATED WITH "CUSTOMER APPRECIATION DAYS" FROM JUNE 1 0-16, 1996 PURSUANT TO ORDINANCE NO, 8, SECTION 8,07, SIGNS ON THE PROPERTY LOCATED AT 13727 HANSON BOULEVARD NW (PIN 35-32-24-23-0005). WHEREAS, SuperAmerica has requested a Special Use Permit to allow for the placement of banners, flags and similar devices (inflatable SA Man and the North Star Penguin) associated with "Customer Appreciation Day" ITom June 10-16, 1996 pursuant to Ordinance No.8, Section 8.07, Signs on the property located at 13727 Hanson Boulevard NW, legally described as follows: That part of the Southwest Quarter of the Northwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota, lying south of the north 600,00 feet as measured at right angles to the north line and lying west of the east line thereof, except the west 150,00 feet thereof, also except roads; Subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5,03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, a public hearing was held and there was no opposition to the request; and Page Two Resolution Special Use Pennit - Baruters, etc, 13727 Hanson Boulevard NW SuperAmerica WHEREAS, the Plaruting and Zoning Commission recommends to the City Council approval of the Special Use Pennit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Plaruting and Zoning Commission and approves the Special Use Pennit to allow for the placement of baruters, flags and similar devices (inflatable SA Man and the North Star Penguin) associated with "Customer Appreciation Day" ftom June 10-16, 1996 pursuant to Ordinance No, 8, Section 8.07, Signs as requested on said property with the following conditions: 1. That the Special Use Pennit shall be valid for no more than ten (10) consecutive days. 2, The banners, flags and similar devices shall be located so as not to create a hazard to vehicular safety. Adopted by the City Council of the City of Andover on this _4th_day of -~ ,1996. CITY OF ANDOVER , f ~vA-:; ATTEST .E. McKelvey, Mayor ~ d-tb Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO, Rl12-96 A RESOLUTION GRANTING THE VARIANCE REQUEST OF CRAIG AND KARA GUNDERSON TO ORDINANCE NO.8, SECTION 6,02 WHICH REQUIRES A THIRTY-FIVE (35) FOOT SIDEY ARD SETBACK FROM THE STREET TO ALLOW FOR THE PLACEMENT OF A DECK ENCROACHING TEN (10) FEET INTO THE REQUIRED SIDEY ARD SETBACK FROM THE STREET ON THE PROPERTY LOCATED AT 14736 CRANE STREET NW, LEGALLY DESCRIBED AS LOT 14, BLOCK 5, OAK BLUFF SECOND ADDITION. WHEREAS, Craig and Kara Gunderson requested a variance to Ordinance No.8, Section 6.02 which requires a thirty-five (35) foot sideyard setback from the street to allow for the placement of a deck support structure encroaching ten (10) feet into the required sideyard setback from the street on the property legally described as Lot 14, Block 5, Oak Bluff Second Addition; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that the said request meets the criteria of Ordinance No, 8, Section 5,04 in that a hardship exists due to the difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request as it meets the criteria of Ordinance No.8, Section 5.04. 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 hereby approves the variance requested by Craig and Kara Gunderson to allow for the placement of a deck support structure encroaching ten (10) feet into the required sideyard setback from the street on the property legally described as Lot 14, Block 5, Oak Bluff Second Addition. Adopted by the City Council of the City of Andover this _4ili_ day of _~ 19,22, CITY OF ANDOVER Attest: ß· r. me.. ø1-;&r ~d4 ¿/1,E. McKelvey - Mayor Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO, R113-96 A RESOLUTION GRANTING THE VARIANCE REQUEST OF KARL AND TERRILEA HOLM TO ORDINANCE NO, 8, SECTION 6,02 WHICH REQUIRES A THIRTY (30) FOOT REARY ARD SETBACK TO ALLOW FOR THE PLACEMENT OF A DECK ENCROACHING TWELVE (12) FEET INTO THE REQUIRED REARY ARD SETBACK ON THE PROPERTY LOCATED AT 3220 138TH AVENUE NW, LEGALLY DESCRIBED AS LOT 5, BLOCK 8, WOODLAND CREEK FIRST ADDITION, WHEREAS, Karl and Terrilea Holm requested a variance to Ordinance No.8, Section 6.02 which requires a thirty (30) foot rearyard setback to allow for the placement of a deck support structure encroaching twelve (12) feet into the required rearyard setback on the property legally described as Lot 5, Block 8, Woodland Creek First Addition; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that the said request meets the criteria of Ordinance No, 8, Section 5,04; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance 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 hereby approves the variance requested by Karl and Terrilea Holm to Ordinance No.8, Section 6,02 which requires a thirty (30) foot rearyard setback to allow for the construction and placement of a deck encroaching twelve (12) feet into the required rearyard setback on the property legally described as Lot 5, Block 8, Woodland Creek First Addition, Adopted by the City Council of the City of Andover this _11h_ day of_ ~_, 1996, CITY OF ANDOVER Attest: ti· {. þ;&":~ ~¡j,a ,E, McKelvey - Mayor Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 114-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO, 96-12, IN THE 3554 - 142ND AVENUE NW AREA. WHEREAS, the City Council has received a petition, dated May 15, 1996, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1, The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is -0- 3, The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report, MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 4th day of June, 1996, with Councilmembers Knight. Kunza, Jacobson, Oehn, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~' p, h;~k~ J. ,McKelvey - Mayor ~ád Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 115-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 96-12 FOR WATERMAIN IN THE FOLLOWING AREA 3554 - 142ND AVENUE NW WHEREAS, the City Council did on the Æ1:L day of June, 19 96 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 4th day of June , 19~; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 4267.35 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 4,267,35 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a...Q year period, MOTION seconded by Council member Kunza and adopted by the City Council at a regular meeting this 4th day of June , 19~, with Councilmembers Knight. Kunza, Jacobson, Dehn, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: d, fmc-~~ UE. McKelvey - Mayor i.L~ d/Þ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 116-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN, STREET AND STORM SEWER , PROJECT NO, 95-26 , IN THE SHADOWBROOK AREA. WHEREAS, the City Council has received a petition. dated May21,1996, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1, The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous, 2, Escrow amount for feasibility report is $1 ,000,00 3, The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report, MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 4th day of June , 19 96, with Councilmembers Knight. Kunza Jacobson, Dehn, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: * t Þ!c_~~ .E. McKelvey - Mayor ¡~10 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 117-96 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-L TO PROJECT NO, 93-7, CITY HALL PARK COMPLEX #2/IRRIGATION . WHEREAS, the City of Andover has a contract for Project No. 93-7 with Mickman Brother Nurseries of Anoka, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No, 93-7, MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 6th day of June , 19~, with Councilmembers Knight Kunza, Jacobson, Dehn, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (l f. }J;///ß7 ßE, McKelvey - Mayor !L~~ rLlL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 117 A-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-33 , COMMERCIAL BOULEVARD EXTENSION FOR GRADING, SANITARY SEWER. WATERMAIN. STORM SEWER AND STREET CONSTRUCTION, WHEREAS, pursuant to Resolution No, 167-95 adopted by the City Council on the 5th day of August, 1995, TKDA has prepared final plans and specifications for Project 94-33 for grading, sanitary sewer. watermain, storm sewer and street construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of June ,19~, 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 . July 10 , 19 96 at the Andover City Hall. MOTION seconded by Council member Kunza and adopted by the City Council at a regular meeting this -41!:L day of June ,1996,with Councilmembers Knight. Kunza, Jacobson, Dehn, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ~ f! )110 ~~~ .E. McKelvey - Mayor l~ IfrtL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 118-96 A RESOLUTION DENYING THE VARIANCE REQUEST OF TIM AND WENDY KRAMASZ TO ORDINANCE NO 8, SECTION 6,02 TO ALLOW FOR THE CONSTRUCTION AND PLACEMENT OF A DECK ENCROACHING FOUR (4') FEET INTO THE REQUIRED TEN (10') FOOT SIDEY ARD SETBACK FROM AN INTERIOR LOT LINE ON THE PROPERTY LOCATED AT 14677 BLUEBIRD STREET NW, LEGALLY DESCRIBED AS LOT 10, BLOCK I, FOX WOODS. WHEREAS, Tim and Wendy Kramasz have requested a variance to Ordinance No.8, Section 6.02 to allow for the construction and placement ofa deck encroaching four (4') feet into the required ten (10') foot sideyard setback from an interior lot line on the property located at 14677 Bluebird Street NW, legally described as Lot 10, Block I, Fox Woods; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No, 8, Section 5.04, Variances; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby disagrees with the recommendation of the Planning and Zoning Commission and denies the variance request as the hardship must have to do with the characteristics of the land and not the property owner and that the property owner is not being denied reasonable use of the property as a deck can still be constructed in compliance with Section 6.02 on said property, Adopted by the City Council of the City of Andover on this 4th day of June 1996, CITY OF ANDOVER ß,¿ ~C/~~ ATTEST 0,E, McKelvey, Mayor ~ ¡j¿£ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, R119-96 A RESOLUTION GRANTING THE LOT SPLITN ARIANCE REQUEST OF MICHAEL E, ZIERTMAN TO CREATE TWO PARCELS PURSUANT TO ORDINANCE NO, 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO, 8, SECTION 6,02, MINIMUM DISTRICT REQUIREMENTS ON THE PROPERTY LOCATED AT 2735 134TH LANE NW, LEGALLY DESCRIBED AS LOT 5, BLOCK I, EAST BROOK TERRACE, WHEREAS, Michael E, Ziertman has requested a lot split/variance to create two parcels pursuant to Ordinance No, 40 and varying ITom the provisions of Ordinance No, 8, Section 6.02, Minimum District requirements for an R-4, Single Family Urban District on the property located at 2735 - 134th Lane NW, legally described as Lot 5, Block 1, East Brook Terrace; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No, 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; 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 and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split/variance as requested. 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/variance on said property with the following conditions: I. That the lot split/variance be subject to a sunset clause as defined in Ordinance No. 40, Section III(E), ì ,.' Page Two Lot SplitIVariance Michael Ziertman June 18, 1996 2, A covenant be recorded that legally binds the created parcels to those on I 34th Lane NW so they cannot be sold separately. The west 231.73 feet of Lot 5, Auditors Subdivision 137 shall be bound by covenant with Lot 3, Block I, East Brook Terrace and that portion of Lot 5, Auditors Subdivision No. 137 lying east of the west 231,73 feet shall be bound by covenant to Lot 5, Block 1, East Brook Terrace, Adopted by the City Council of the City of Andover on this _l8!h_ day of _~,_I996, CITY OF ANDOVER ATTEST L~ ¡f¿¿ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 120-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF CROWN POINTE ,AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, IN SECTION 26-32-24. WHEREAS, the City Council approved the preliminary plat of Crown Pointe ; and WHEREAS, the Developer has presented the final plat of Crown Pointe, WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Crown Pointe contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion, 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3, The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City, 4, Street light costs to be paid The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc,}) and a contract for the improvements awarded, 5, Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary, Outlot A and Lots 22 & 23, Block 1 within the plat do require additional easements. 7. Developer is responsible to obtain all permits from U.S, Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 8. Park dedication Park dedication as recommended by the Park and Recreation Commission, The dedication will be a combination of cash and land, 9, Letter and/or documentation that the City has jurisdiction to construct and maintain the streets and utilities that encroach into the Burlington Northern Railroad Right-of-Way, Adopted by the City Council of the City of Andover this 18th day of June, 19--ªº-, CITY OF ANDOVER ATTEST: c2. {. )¡J<. j(, Æ ~ Ú~ dlú J~, McKelvey - Mayor Victoria Volk - Citv Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 1 2 \.96 A RESOLUTION OPENING NEW PARK COMPLEX, WHEREAS, the City has combined the forces of City staff and volunteer labor to create a significant improvement to the City of Andover's park system; and WHEREAS, the City in recognition of the Anoka County Community Consortium, which emphasizes the development of our children and putting kids first; and WHEREAS, it is in the best interest of the City to promote, invest, and provide park and recreational opportunities for the residents of Andover. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover on this 18th day of June , 19....2Q. does hereby declare Sunshine Park open and dedicate it to the citizens of Andover. Adopted by the City Council this 18th Day of June 1996, CITY OF ANDOVER ATTEST: ~ Ç. ffk ~~J L~~ ilL .0, E. McKelvey - Mayor t7 Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 122-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 93-17 , CROWN POINTE FOR SANITARY SEWER. WATERMAIN. STORM SEWER AND STREET CONSTRUCTION. WHEREAS, pursuant to Resolution No. 088-96 adopted by the City Council on the 7th day of May, 19 96, TKDA has prepared final plans and specifications for Project 93-17 for sanitary sewer. watermain, storm sewer and street construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of June ,19~. 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 July 12 , 19 96 at the Andover City Hall. MOTION seconded by Councilmember Knight adopted by the City Council at a regular meeting this 18th day of June , 19 96 , with Councilmembers Jacobson Knight. Dehn, Kunza McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ÎE.. l Þ1~,~b .E. McKélvey - Mayor ~ IÚb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 123-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO, 95-26 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOllOWING AREA SHADOWBROOK (PHASE I), WHEREAS, the City Council did on the ~ day of June ,19 96, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 18th day of June , 19-.9.6...; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 2.223,052.00 (Phase I) and $ 2,530,670,00 (Future Phase) , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 2,223,052,00 (Phase I) and $ 2,530,670.00 (Future Phase), waive the Public Hearing and order improvements, BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby require the developer to escrow for the sum of $ 115,000.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Council member Knight and adopted by the City Council at a regular meeting this 18th day of June , 19-.9.6..., with Councilmembers Jacobson, Knight. Dehn, Kunza, McKelvey voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ~ CITY OF ANDOVER ATTEST: ~. t. m<_ ¥.i~ ¡j~ ó£¿ :IE McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 124-96 A RESOLUTION DESIGNATING LOCATIONS FOR TEMPORARY NO PARKING ZONES DURING THE ANDOVER FUN FEST FOR 1 DAY, WHICH IS AUTOMATICALLY RENEWABLE FROM YEAR TO YEAR WHEN NECESSARY TO BE HELD AT ANDOVER CITY HALL, WHEREAS, no parking zones are to be located at the following locations: 1, CSAH 78 (Hanson Boulevard NW) from 149th Avenue NWto 155th Avenue NW. 2, County Road 18 (Crosstown Boulevard NW) from Nightingale Street NW to CSAH 78 (Hanson Boulevard NW), WHEREAS, the Anoka County Highway Department will be responsible for the installation of the signs prior to the Andover Fun Fest and removal of the signs when the Andover Fun Fest has concluded, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate no parking zones, Adopted by the City Council of the City of Andover this 2nd day of ...J!J.k, 1996, CITY OF ANDOVER ATTEST: ~' ~ Jnv¡¿J~ ,E, McKelvey - Mayor (;f £~~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 125-96 MOTION by Council member Kunza to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO. 96-14, IN THE_ 14210 CROSSTOWN BOULEVARD NW AREA. WHEREAS, the City Council has received a petition. dated June 11 1996, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1, The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous, 2. Escrow amount for feasibility report is -0- 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 2nd day of July , 19 96, with Councilmembers Kunza Dehn McKelvey Jacobson Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER {In ATTEST: I. c.... \~j~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 126-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT 96-12, 3554 - 142ND AVENUE NW THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 4,267.35, so that the total cost of the improvement will be $4.267,35, 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 $ -0- the amount to be assessed against benefited property owners is declared to be $ 4,267.35, 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 1997 , and shall bear interest at the rate of 7 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 Council member Dehn and adopted by the City Council at a regular meeting this 2nd day of July , 19 96, with Councilmembers Kunza, Dehn, Jacobson Knight McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: (), { mv~~ ø.E. McKelvey - Mayor ~d¿þ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 127-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 96-12, 3554 - 142ND AVENUE NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2, Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1st Monday in January, 19~ and shall bear interest at a rate of 7 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 Dehn and adopted by the City Council at a regular meeting this 2nd day of July ,19--ªº-., with Councilmembers Kunza, Dehn, Jacobson, McKelvey, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: f), f, );¡c-Y~ ¿í.j.E. McKelvey - Mayor ~Mb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 128-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FENC-CO INC, FOR PROJECT NO, 96-11, HAWK RIDGE, PINE HILLS AND TIMBER TRAILS PARKS, FOR THE IMPROVEMENT OF FENCE CONSTRUCTION. WHEREAS, pursuant to a written contract signed with the City of Andover on April 16 , 19 96 , Fenc-Co, Inc. of Golden Valley, MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 2nd day of July , 19~, with Councilmembers Kunza, Dehn, McKelvey, Knight. Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ,¿V 3.E. McKelvey - Mayor ~ d¿,ú Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 129-96 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF KOTTKES' BUS SERVICE, INC, TO ALLOW FOR THE INSTALLATION OF TWO (2) BELOW GROUND STORAGE TANKS (25,000 GALLON AND 10,000 GALLON) FOR THE BULK STORAGE OF LIQUID FUELS PURSUANT TO ORDINANCE NO.8, SECTION 4,26 ON THE PROPERTY LOCATED AT 13625 JAY STREET NW, LEGALLY DESCRIBED AS LOT 14, WATT'S GARDEN ACRES, WHEREAS, Kottkes' Bus Service, Inc. has requested an Amended Special Use Pennit to allow for the installation of two (2) below ground storage tanks for the bulk storage of liquid fuels (diesel and unleaded gasoline) pursuant to Ordinance No.8, Section 4.26 on the property located at 13625 Jay Street NW, legally described as Lot 14, Watt's Garden Acres. WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No.8, Sections 4.26, Bulk Storage (Liquid) and 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Pennit as requested. 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 Amended Special Use Pennit to allow for the Page Two Resolution Amended Special Use Pennit - Bulk Storage Liquid Fuels 13625 Jay Street NW Kottkes' Bus Service, Inc. installation of two (2) below ground storage tanks for the bulk storage ofliquid fuels (diesel and unleaded gasoline) pursuant to Ordinance No.8, Section 4.26 on said property with the following conditions: 1, The applicant shall provide to the City, in writing, proof that the tanks meets all State requirements and installation regulations. 2. The Andover Fire Marshal shall inspect the tanks and the installation. 3, The Amended Special Use Pennit shall be subject to a sunset clause as defined in Ordinance No, 8, Section 5.03(D). 4. The Amended Special Use Pennit shall be subject to annual review. 5, The Wellhead Protection Plan to be adopted by the City of Andover be considered. 6. That the four existing 10,000 gallon tanks shall be removed at the time the new tanks are installed. Adopted by the City Council of the City of Andover on this _2nd_day of -~ ,1996. CITY OF ANDOVER . t )1Jv~ ATTEST ,E, McKelvey, Ma or LL' ~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 130-96 A RESOLUTION ADOPTING FEES FOR PRIVATE DOG KENNEL LICENSES, The City Council of the City of Andover hereby ordains: The following fees are established for 1996: Private dog kennels $100.00 ' Renewal for private dog kennels $ 25,00 Adopted by the City Council of the City of Andover this 2nd day of ~ 1996, CITY OF ANDOVER Attest: ·lMv~ .E, McKelvey - Mayor (~ ¡.¿v Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 131-96 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 94-33 FOR SANITARY SEWER. WATERMAIN, STREET. STORM SEWER AND APPURTENANCE CONSTRUCTION IN THE AREA OF COMMERCIAL BOULEVARD EXTENSION, WHEREAS, the approval is contingent on the following items: 1. State Aid Approval 2, Receipt of All Permits WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 117A-96,dated June 4 ,1996, bids were received, opened and tabulated according to law with results as follows: Forest Lake Contracting $1,184,517.00 Imperial Developers, Inc. $1,192,539,80 Dresel Contracting $1,262,296.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Forest Lake Contracting as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Forest Lake Contracting in the amount of $1 ,184,517,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 16th day of July , 19~, with Councilmembers Dehn, Knight. McKelvey, Kunza Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: (j, t, hJ{; J(~ Ú~ if.E. McKelvey - Mayor ¿(¿L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 132-96 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 93-17 FOR SANITARY SEWER WATERMAIN STREET AND STORM SEWER CONSTRUCTION IN THE AREA OF CROWN POINTE. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 122-96 ,dated June 18 ,1996, bids were received, opened and tabulated according to law with results as follows: C,W, Houle, Inc, $420,621,25 Volk Sewer $427,115,31 W.B, Miller, Inc. $431,767.55 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate C.W. Houle, 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 C,W, Houle, Inc, in the amount of $420,621,25 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 16th day of July , 19...lliL, with Councilmembers Dehn, Knight. McKelvey, Kunza, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Q, ç mC/~ L~~ tf¿v 0.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 133-96 MOTION by Council member Dehn to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO, 96-14 FOR SANITARY SEWER AND WATERMAIN IN THE FOllOWING AREA 14210 CROSSTOWN BOULEVARD NW WHEREAS, the City Council did on the ~ day of June. 19 96 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City En~¡ineer and presented to the Council on the 2nd day of July , 19~; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 6,315,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 6,315,00 , waive the Public Hearing and order improvements, BE IT FURTHER RESOLVED the property would be assessed over a....5. year period, MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 16th day of July , 19~, with Councilmembers Dehn, Knight. Jacobson, McKelvey, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: C), t, JJk~~ a.E. McKelvey - Mayor ~,k, Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 134-96 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF MISCELLANEOUS BITUMINOUS PARK TRAILS PROJECT NO, 96-8 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No, 96-8 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate the City Engineer as the Engineer for this improvement and he is directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 16th day of July , 19 96 , with Councilmembers Dehn, Knight. Jacobson McKelvey, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: j} f ÞJ<- ~!::J tJ,E, McKelvey - MayO[ J~k Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 135-96 MOTION by Council member Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 96-8 , FOR MISCELLANEOUS BITUMINOUS PARK TRAILS WHEREAS, pursuant to Resolution No, -96 , adopted by the City Council on the 16th day of July , 19~, the City Engineer has prepared final plans and specifications for Project 96-8 for miscellaneous bituminous Dark trails. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of July ,19~, 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 , July 30 , 19 96 at the Andover City Hall, MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 16th day of July , 19 96 , with Councilmembers Dehn, Knight Jacobson, McKelvey, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: [), t, Me- ~~ Cd'.E. McKelvey - Mayor ~ tÍ-¿b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO 136-96 A RESOLUTION APPOINTING JUDGES FOR THE PRIMARY ELECTION TO BE HELD IN THE CITY OF ANDOVER ON TUESDAY, SEPTEMBER 10, 1996. The City Council of the City of Andover hereby resolves: The persons as shown below are hereby appointed judges for the Primary Election to be held on Tuesday, September 10, 1996 in the City of Andover: Precinct # 1 - Andover Fire Station # 2 Sylvia Volk, Chief - IR Shirley Sanborn - IR Sherry Buttweiler - IR Margaret Reynolds - IR Kathryn Green - DFL Precinct # 2 - Grace Lutheran Church Verna Hennen, Chief - IR Judy Thorson - IR Virginia Engle - IR Gretchen Sabel - DFL Virginia Hayes - IR Joan Ubor - IR Carol Bradley - DFL Charles Buckman-Ellis - DFL Precinct # 3 - Riverdale Assembly of God Church Diane Patchen, Chief - Reform Ann Lown - IR Alice Gelling - IR Mable Ottenstroer - DFL Precinct # 4 - Meadow Creek Church Terry Van Note, Chief - IR Cindy Ryhn - IR Barbara Collette - IR Brian Bohne - Reform Susan Wood - DFL Mary May - DFL Precinct # 5 - Bunker Hills Activity Center Mary West, Chief - DFL Diane Hartinger - IR Howard Neisen - IR Unda Louie - DFL Cheryl Johnson - IR Precinct # 6 - Andover Elementary School Peggy Olson, Chief - IR Geraldine Erickson - DFL Mary Sullivan - IR Linda Pavek - DFL Mary J 0 Bonin - IR Ruth Maus - IR Loretta Sunderland - IR Eleanor Apel- DFL Eileen Hawkinson - DFL Jeffrey Newcomb - Student Katherine Scholzen - Student Precinct # 7 - Family of Christ Lutheran Church Cindy Brostrom, Chief - DFL Marlene Palm - DFL Pamela Rietkerk - IR Norma Johnson - Reform Mary White - DFL Lucy Schalwig - Reform Sue Rylander - IR Loretta Boyum - IR Adopted by the City Council of the City of Andover this 16th day of July, 1996, CITY OF ANDOVER -J' ~. ÎY7C/ k;~(J . McKelvey - Mayor Attest: Lf;¿~/ ¡f¿v Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 137-96 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF CONTAMINATED SOIL AND DEBRIS REMOVAL (PART 1\ PROJECT NO. 94-33B AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-33B, BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate McCombs Frank Roos Associates, Inc. as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 16th day of July . 19 96 , with Councilmembers Dehn, Knight Jacobson, McKelvey, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (j. r ø&<~ cð.E. McKelvey - Mayor ~kÞ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 138-96 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-33B , FOR CONTAMINATED SOIL AND DEBRIS REMOVAL (PART 1) , WHEREAS, pursuant to Resolution No. 137-96 , adopted by the City Council on the 16th day of July , 19~, the McCombs Frank Roos Associates, Inc. have prepared final plans and specifications for Project 94-336 for contaminated soil and debris removal , WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of July , 19-.00... 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 , August 1 , 19 96 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 16th day of July , 19 96 , with Councilmembers Dehn, Knight Jacobson, McKelvey Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ¡j. t )7Jul(~ Cj,E. McKelvey - Mayor L-L tf-¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 139-96 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF INDIAN MEADOWS 4TH ADDITION AS BEING DEVELOPED BY NORTH SUBURBAN DEVELOPMENT LOCATED IN SECTIONS 19 AND 20, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing and was concerned with construction traffic and road conditions of Indian Meadows 4th Addition; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the plat citing the following: 1, A variance to Ordinance 10, Section 9.06 A3 for Lots 1 & 2, Block 5 and Lot 4, Block 4 that do not meet the minimum 39,000 square foot requirement subject to a report from the developer regarding on-site sewage treatment as required by the Building Department for any or all lots prior to any grading. 2, Storm sewer/street plan and profile of streets and storm sewers be submitted, reviewed, and approved by the City Engineer prior to any construction. 3, The developer is responsible to obtain all necessary permits from the Lower Rum River WMO, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 4, Park dedication requirements have been previously met. 5. Written confirmation from the developer that the construction traffic from the site will be from 157th Avenue NW near the proposed Xenia Street NW 6, Subject to approval by the City of a Tree Protection Plan and on-site marking, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Indian Meadows 4th Addition. Adopted by the City Council of the City of Andover this 16th day of July ,19 96. CITY OF ANDOVER ATTEST: ' (, Ævl:- L:~ j¿b a, E. McKelvey - May Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 140-96 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF HUNTER'S HOLLOW AS BEING DEVELOPED BY GOLD NUGGET DEVELOPMENT CO, LOCATED IN SECTIONS 9 AND 16, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing. the Planning and Zoning Commission recommends approval of the plat citing the following: 1, A variance to Ordinance 10, Section 9,06 A3 for lots that do not meet the minimum 39,000 square foot requirement. A variance of up to a maximum of 10,000 square foot would be allowed, Lots2&4 Block 1 Lot 1 Block 2 Lot 1 Block 3 Lot 6 Block 4 2, On the preliminary plat, remove the north-south section of Heather Street NW between 164th Lane NWand 164th Avenue NW 3. Storm sewer/street plan and profile of streets and storm sewers be submitted, reviewed, and approved by the City Engineer prior to any construction, 4. The developer is responsible to obtain all necessary permits from the Lower Rum River WMO, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 5, Park dedication as recommended by the Park and Recreation Commission, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Hunter's Hollow, Adopted by the City Council of the City of Andover this 16th day of July ,19~, CITY OF ANDOVER ATTEST: (j, ç: );;v,f:b ¿' / tlrd {ð. E. McKelvey - May ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 141-96 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NO, 95-14 FOR WATERMAIN, STREET AND STORM SEWER CONSTRUCTION IN THE AREA OF CROOKED LAKE BOULEVARD NW WHEREAS. pursuant to advertisement for bids as set out in Council Resolution No, 087-96 , dated May 7 , 1996, bids were received, opened and tabulated according to law with results as follows: Richard Knutson $499,554,81 Forest Lake Contracting $540,654,00 Ws. Miller, Inc. $544,495,25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby reject bids as shown, MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 16th day of July , 19~, with Councilmembers Dehn. Knight. Jacobson, McKelvey, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: d· t. frkf~ J:z~ ¿{¿,¿/ þY.E.McKelveY-Mayo~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R 142-96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF GOLD NUGGET DEVELOPMENT, INC, TO ERECT AN AREA IDENTIFICATION SIGN AT THE ENTRANCE (166TH LANE NW AND ROUND LAKE BOULEVARD NW) OF THE SUBDIVISION KNOWN AS "HUNTER'S HOLLOW" ON THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Gold Nugget Development, Inc. has requested a Special Use Permit to erect two (2) area identification signs (pennanent monument signs) pursuant to Ordinance No. 8, Section 8.07, Signs at the entrance (166th Lane NW and Round Lake Boulevard NW) to the subdivision known as "Hunter's Hollow", legally described on the attached Exhibit A; and WHEREAS, the Andover Review Committee has reviewed the request for two signs and recommends that only one sign be allowed as being proposed as provided in Ordinance No.8, Section 8.07; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No, 8, Section 5.03, Special Uses, The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning and Zoning Commission [mds the request meets the criteria of Ordinance No, 8, Section 8.07, Signs; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit for the erection of one area identification sign only, 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 to allow Gold Nugget Development, Inc. to erect an area identification sign on said property with the following conditions: Page Two Resolution Special Use Permit - Area I.D. Sign Hunter's Hollow - Gold Nugget Development, Inc. 1. The area for development is larger than five (5 a,) acres. 2, The maximum square footage ofthe sign shall not exceed thirty-two (32 s,f.) square feet. 3, The sign shall be located ten (10') feet from any property line. 4. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No, 8, Section 5.03(D). 5. The Special Use Permit shall be subject to annual review by Staff, 6, The applicant shall execute a written agreement for the maintenance ofthe sign. 7. The applicant shall apply for and be granted a sign permit prior to the erection of the sign. 8, The sign is not to be placed in the right-of-way of I 66th Lane NW. Adopted by the City Council of the City of Andover on this_ 16th day of - July ,1996, CITY OF ANDOVER ATTEST ¡~ t/¿L Victoria V olk, City Clerk Exhibit A The Northeast Quarter ofthe Northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota. and The Southwest Quarter of the Southwest Quarter of Section 9, Township 32, Range 24, Anoka County, Minnesota. and Also a tract ofland two rods square in the Southwest Comer of the Southeast Quarter of the Southwest Quarter of Section 9, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the Southwest Comer of the Southeast Quarter of the Southwest Quarter of said Section 9, thence running north 2 rods; thence east 2 rods; thence south 2 rods; and thence west 2 rods to the place of commencement. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. R 143-96 A RESOLUTION GRANTING THE LOT SPLITN ARlANCE REQUEST OF DEBBIE ANDERSON TO CREATE TWO PARCELS PURSUANT TO ORDINANCE NO, 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO, 8, SECTION 6.02, MINIMUM DISTRICT REQUIREMENTS. WHEREAS, Debbie Anderson has requested a lot split/variance to create two parcels pursuant to Ordinance No. 40 and varying ftom the provisions of Ordinance No.8, Section 6,02, Minimwn District requirements for an R-3, Single Family Suburban District on the property located at 15521 Juniper Street NW, legally described as Lot 3, Block 5, Nordeen Addition; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; 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 and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split/variance as requested. 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/variance on said property with the following conditions: I. That the lot split/variance be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 2, A covenant be recorded that legally binds that part of Lot 3 with Lot 4, Nordeen Addition so they cannot be sold separately, Page Two Lot Split/Variance Debbie Anderson August 6, 1996 3, The Planning and Zoning Commission would like the City Council to look at any other legal aspects of this that might have a detrimental sale and purchase of either house/ parcel. Adopted by the City Council of the City of Andover on this _.6!h_ day of Au~mst 1996. CITY OF ANDOVER ATTEST LL IrtL Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R144-96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST FOR PRAIRIE OAK COMMUNITY CHURCH TO ERECT TWO (2) INSTITUTIONAL SIGNS WITH AN AGGREGATE SQUARE FOOTAGE EXCEEDING THIRTY-TWO (32 S.F,) SQUARE FEET ON THE PROPERTY LOCATED AT 1657 161ST AVENUE NW, LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A. WHEREAS, Prairie Oak Community Church has requested a Special Use Permit to erect two (2) institutional signs with an aggregate square footage exceeding thirty-two (32 s,f.) square feet on the property located at 1657 161 st Avenue NW, legally described on the attached Exhibit A; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. 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 Special Use Permit to allow Prairie Oak Community Church to erect two (2) institutional signs as requested on said property with the following conditions: I) That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No, 8, Section 5,03 (D), 2) The applicant shall apply for and be granted a sign permit prior to the erection of the sign, 3) The signs shall be located at a minimum of ten (10) feet from any property line. 4) The aggregate square footage of sign space shall not exceed one hundred (100) square feet. Page Two Resolution Special Use Pennit - Institutional Signs Prairie Oak Community Church 5) The signs shaH be located at least one hundred thirty (130) feet from any residential structure, 6) The signs shaH be free-standing. Adopted by the City Council of the City of Andover on this Qfu day of Au~st, 1996. CITY OF ANDOVER ~,{ ÌJ10~b ,E, McKelvey, Mayo ATTEST ¡£~ J¿¿ Victoria V olk, City Clerk EXHIBIT A LEGAL DESCRIPTION FROM CERTIFICATE OF SURVEY BY OTHERS: The Southeast Quarter of the Northeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota, except Parcel 29, Anoka County Right-of-Way Plat No. 20, " Anoka County, Minnesota, " Subject to the right-of-way of County State Aid Highway No, 78. Subject to the right-of-way of County State Aid Highway No. 20, Subject to other valid easements, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 145-96 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 95-26 , FOR SANITARY SEWER. WATERMAIN, STREET AND STORM SEWER CONSTRUCTION IN THE AREA OF SHADOWBROOK (PHASE I). WHEREAS, pursuant to Resolution No, 123-96 ,adopted by the City Council on the 18th day of June ,19-1lli.., TKDA has prepared final plans and specifications for Project 95-26 for sanitary sewer. watermain, street and storm sewer construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of August ,19~, 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 , August 29 , 19~ at the Andover City Hall. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 8th day of August ,1996, with Councilmembers Knight. Kunza, McKelvey, Dehn, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ,~. h7v .E. McKelvey - Mayor ,Ly-:., tiLL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 146-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF SHADOWBROOK ,AS BEING DEVELOPED BY BUNKER. LLC, IN SECTION 36-32-24, WHEREAS, the City Council approved the preliminary plat of Shadowbrook ; and WHEREAS, the Developer has presented the final plat of Shadowbrook, WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Shadowbrook contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion, 2, Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City, 4, The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative, 6, Receipt of all necessary drainage and utility easements outside the plat if necessary, 7, Developer is responsible to obtain all permits from U,S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site, 8. Park dedication as recommended by the Park and Recreation Commission, The dedication will be a combination of cash and land, 9, Variance from Ordinance 10, Section 9,06 a3 to allow the developer to use the report from GME Consultants dated March 6, 1995 and letter dated August 16, 1995 to establish the lowest floor elevation based on estimated groundwater level and waive mottling soil requirements, 10, Variance from Ordinance 10, Section 9,06 A3 to allow for the developer to use the letter from GME Consultants dated April 8, 1996 (revised April 19, 1996) to allow lowest floor elevations to be lower than the 100 year flood elevations for detention ponds (areas that drain dry over a period of time) for the following: Phase I Lots 7 & 8, Block 2 Lots 16 & 17, Block 3 Lots 26 & 27, Block 3 Lots 23, 24, 30,31 & 33, Block 3 Lots 4,5, 17, 18 & 19, Block 5 Lots 8-14, Block 5 Lots 2, 3, 4 & 11, Block 6 Lots 1, 3 & 4, Block 9 Lots 11 & 12, Block 9 11. Variance from Ordinance 10, Section 9.06 F to allow double frontage lots along Prairie Road, Block 1, Lots 1-4, Block 2, Lots 1-11 and Block 4, Lots 1- 2 are affected. 12. Variance from Ordinance 10, Section 9,02 C due to the number of streets that will meet the definition of a collector street. This section of the ordinance states that preliminary plats shall be approved wherein lots front on the right - of-way of collector streets. Adopted by the City Council of the City of Andover this --º1h..... day of August, 19~. CITY OF ANDOVER ATTEST: J), £. JJ;(;- ~ ~ d& f'J.E McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 147-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO, 94-6 , IN THE 1415 ANDOVER BOULEVARD NW AREA WHEREAS, the City Council has received a petition, dated requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1, The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous, 2, Escrow amount for feasibility report is -0- 3. The City Clerk will contact Anoka County to have the assessment levied to the property. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 6th day of August, 19 96, with Councilmembers Knight. Kunza. McKelvey, Dehn, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 9, t. )¡¡C/(~ ¿Ýj,E. McKelvey - Mayor ¡~ t!¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 148-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 94-33B FOR CONTAMINATED SOIL AND DEBRIS REMOVAL IN THE AREA OF COMMERCIAL BOULEVARD EXTENSION, WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 138-96 , dated July 16 , 19~, bids were received, opened and tabulated according to law with results as follows: The Belair Companies $69,060.00 Bay West, Inc, $113,250,00 Mills Contracting $166,650,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate The Belair Companies as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with The Belair Companies in the amount of $69.060,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this -º1L day of August , 19~, with Councilmembers Knight. Kunza McKelvey Dehn, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ;, t.ÞvA{b t(E. McKelvey - Mayor ~ túL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 149-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 96-3 FOR CRACKSEALlNG, WHEREAS, the City of Andover has a contract for Project No, 96-3 with Daffinson Asphalt Maintenance of Green Bay, WI. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-3 MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 6th day of August, 19~ with Councilmembers Knight. Kunza, McKelvey Dehn, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: 1 ! me~øl::? Cð.E. McKélvey - Mayo ¡~ dora Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 150-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO MICKMAN BROTHERS FOR PROJECT NO, 93-7, FOR THE IMPROVEMENT OF IRRIGATION CONSTRUCTION. WHEREAS, pursuant to a written contract signed with the City of Andover on June 6 , 19 95 , Mickman Brothers of Anoka MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this -º1!:L day of August , 19 96, with Councilmembers Knight. Kunza, McKelvey, Dehn, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~ 1, ?TJr,~~ ,E, McKelvey - Mayor LL(~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 151-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING STRUCTURAL STEEL FOR PROJECT NO, 94-30, CITY HALL AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-30, BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson Peterson as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this --º1b.- day of August , 19 96 , with Councilmembers Knight. Kunza, McKelvey, Dehn, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ~. t, m&~1::7 .ø.E. McKelvey - Mayor ;1~'&- (/..a Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 152-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR STRUCTURAL STEEL . WHEREAS, pursuant to Resolution No. -96 , adopted by the City Council on the 6th day of August , 19~, Adolfson Peterson has prepared final plans and specifications for Project 94-30 for structural steel WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of August ,19~, 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 PM , August 19 , 19 96 at the Andover City Hall, MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this -º1tL day of August , 19J&" with Councilmembers Knight. Kunza, McKelvey, Dehn, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ß~~~ to.E. McKelvey - Mayor ¡1.;~ IÚL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 153-96 A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER CONSTRUCTION OF TIMBER MEADOWS 2ND ADDITION AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CORPORATION. WHEREAS, the developer has completed the streets and storm sewer of Timber Meadows 2nd Addition, NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the final street construction of Timber Meadows 2nd Addition contingent upon providing the following: 1, Developer provide a 1 year performance bond or an escrow as determined by the City Engineer from the date of this resolution, 2, An escrow amount as determined by the City Engineer be retained until turf has been established to the satisfaction of the City. Adopted by the City Council of the City of Andover this 6th day of August ,19 95, CITY OF ANDOVER ATTEST: j. t. ÞJ&~~ ¿(fE, McKelvey - Mayor tf'~I: _ ¡~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 154-96 A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER CONSTRUCTION OF TIMBER MEADOWS 3RD ADDITION AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CORPORATION, WHEREAS, the developer has completed the streets and storm sewer of Timber Meadows 3rd Addition, NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the final street construction of Timber Meadows 3rd Addition contingent upon providing the following: 1, Developer provide a 1 year performance bond or an escrow as determined by the City Engineer from the date of this resolution, 2, An escrow amount as determined by the City Engineer be retained until turf has been established to the satisfaction of the City, Adopted by the City Council of the City of Andover this 6th day of August ,19 95, CITY OF ANDOVER ATTEST: LM~elv:~M::~7 ~ ¡},,4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 155-96 A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER CONSTRUCTION OF WOODLAND MEADOWS 2ND ADDITION AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CORPORATION, WHEREAS, the developer has completed the streets and storm sewer of Woodland Meadows 2nd Addition, NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the final street construction of Woodland Meadows 2nd Addition contingent upon providing the following: 1, Developer provide a 1 year performance bond or an escrow as determined by the City Engineer from the date of this resolution, 2, An escrow amount as determined by the City Engineer be retained until turf has been established to the satisfaction of the City. Adopted by the City Council of the City of Andover this 6th day of August ,19 95, CITY OF ANDOVER ATTEST: ç: ç &~~~ p1,E, McKelvey - May ~ j"g Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 156-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 94-30 FOR STRUCTURAL STEEL IN THE AREA OF CITY HALL, WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 152-96 , dated August 6 , 1996, bids were received, opened and tabulated according to law with results as follows: American Structural Metals, Inc, $33,905.00 Thurnbeck Steel Fabricators, Inc, $37,849,00 K & K Fabrication. Inc. $39.820,00 D & M Iron Works, Inc, $41,820.00 Anderson Iron Works, Inc, $46,552.00 Non-Responsive Premier Construction Systems, Inc. $38,995.00 Construction Management Estimate $36,032,55 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate American Structural Metals, 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 American Structural Metals Inc, in the amount of $33,905,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19~, with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: (J. f. lJJú ~~ 'r~ !ÚL/ aE. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 157-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF IRRIGATION WELL FOR PROJECT NO, 96-19 , IN THE AREA OF SUNSHINE COMMUNITY PARK COMPLEX , WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically irrigation well in the following described area: _ Sunshine Community Park Complex, 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 City Engineer _ and he is instructed to provide the City Council with a feasibility report, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19_, with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: Ç., l ffk t;~ ßE. McKelvey - 'Mayor i~~~ !.,¿.[ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 158-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF EARTHWORK & SITE UTILITIES FOR PROJECT NO, 94-30 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-30 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson, Inc, as the project manager and _ LHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August ,1996,with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: () t, Jn~J(jt7 ~E, McKelvey - Mayor ¡b~ tf!.¿b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 159-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR EARTHWORK & SITE UTILITIES , WHEREAS, pursuant to Resolution No. 158-96 ,adopted by the City Council on the 20th day of August , 19--.9.6..., Adolfson & Peterson, Inc, as the project manager and LHB Engineers & Architects as the engineer have prepared final plans and specifications for Project 94-30 for earthwork and site utilities, WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of August ,19~. 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 PM , September 17 , 19 96 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Cou ncilmembers Jacobson Dehn, McKelvey, Kniaht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: k tI~;¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 160-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF LANDSCAPING FOR PROJECT NO, 94-30 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-30 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson, Inc, as the project manager and _ LHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 . with Councilmembers Jacobson Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: (), f, ;#v ~b Ç6,E. McKelvey - May Lz:~~ ðd¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 161-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR LANDSCAPING WHEREAS, pursuant to Resolution No, 160-96 ,adopted by the City Council on the 20th day of August , 19~, Adolfson & Peterson, Inc, as the project manager and LHB Engineers & Architects as the engineer have prepared final plans and specifications for Project 94-30 for landscaping, WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of August , 19,.j&, 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 PM , September 17 , 19 96 at the Andover City Hall, MOTION seconded by Council member Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ý. z, Þ/C/t; ~7 ¿{(E. McKelvey - Mayor, " L/i;~ d¿b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 162-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF CONCRETE & MASONRY FOR PROJECT NO, 94-30 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-30 , BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson, Inc, as the project manager and _ LHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn, McKelvey, Knight Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: 4, f. );Iv, ~4 ø.E. McKelvey - May d~ d¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 163-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR CONCRETE & MASONRY , WHEREAS, pursuant to Resolution No, 162-96 ,adopted by the City Council on the 20th day of August , 19~, Adolfson & Peterson, Inc, as the project manager and LHB Engineers & Architects as the engineer have prepared final plans and specifications for Project 94-30 for concrete and masonry, WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of August ,19~, 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 PM , September 17 , 19 96 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1, { Øc-~Lr U,E. McKelvey - Mayor /. i- ll, /L/ £/-~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 164-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STRUCTURAL STEEL- LABOR FOR PROJECT NO, 94-30 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW. THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-30 , BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson Inc, as the project manager and _ LHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson. Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1· ç: $e- Þ~df j,E. McKelvey - Mayor I ~~. Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 165-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR STRUCTURAL STEEL-LABOR , WHEREAS, pursuant to Resolution No, 164-96 ,adopted by the City Council on the 20th day of August , 19~, Adolfson & Peterson, Inc, as the project manager and LHB En9ineers & Architects as the engineer have prepared final plans and specifications for Project 94-30 for structural steel - labor. WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of August ,19~, 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 PM , September 17 ,19 96 at the Andover City Hall, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: /l, r )J;& l;~ U.E. McKelvey - Mayor ¡[~~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 166-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF MISCELLANEOUS CONSTRUCTION FOR PROJECT NO, 94-30 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-30 , BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson, Inc, as the project manager and _ LHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn McKelvey, Knight Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: (j, t, /J?G~~ a.E, McKelvey - Mayor / LL cÚb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 167-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR MISCELLANEOUS CONSTRUCTION WHEREAS, pursuant to Resolution No, 166-96 ,adopted by the City Council on the 20th day of August, 19....Jlli.., Adolfson & Peterson, Inc. as the project manager and LHB Engineers & Architects as the engineer have prepared final plans and specifications for Project 94-30 for miscellaneous construction, WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of Auaust ,19~. 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 PM , September 17 , 19 96 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson. Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: / ;. J/l(/~! ~ dø Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 168-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF ROOFING FOR PROJECT NO, 94-30 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No, 94-30 , BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson, Inc, as the project manager and _ LHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers ~ Jbson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ¡j, r:. llÎe- X; ~7 j:j.E, McKelvey - Mayor L~ d¿£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 169-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR ROOFING WHEREAS, pursuant to Resolution No, 168-96 , adopted by the City Council on the 20th day of August, 19---.9Q.., Adolfson & Peterson, Inc, as the project manager and LHB En9ineers & Architects as the engineer have prepared final plans and specifications for Project 94-30 for roofing, WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of August ,19~, 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 PM , September 17 , 19 96 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Council members Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER 1 ATTEST: j, t Jzl,~<6 tj,E. McKelvey - Mayor / d~dæ/ , -"'-' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 170-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF ALUMINUM WINDOWS & ENTRANCES FOR PROJECT NO, 94-30 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW. THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No, 94-30 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson, Inc. as the project manager and _ LHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fl· r. /IJ~~ ~~4 ¡ð,E. McKelvey - Mayor' L~~ dL¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 171-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR ALUMINUM WINDOWS & ENTRANCES WHEREAS, pursuant to Resolution No, 170-96 ,adopted by the City Council on the 20th day of August, 19--.llii, Adolfson & Peterson, Inc, as the project manager and LHB Engineers & Architects as the engineer have prepared final plans and specifications for Project 94-30 for aluminum windows and entrances, WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of August ,19~. 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 PM , September 17 ,19 96 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: J}, ~,Þ1c /0i::T ¡%í.E. McKelvey - Mayor !LJ!;~-j Lw Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 172-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SKYLIGHTS FOR PROJECT NO, 94-30 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW. THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-30 , BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson, Inc, as the project manager and _ LHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: t/ f J7!e--I:L-e--¡. ¡0.E. McKelvey - Mayor d,-i-;;~ li/h Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 173-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR SKYLIGHTS WHEREAS, pursuant to Resolution No, 172-96 , adopted by the City Council on the 20th day of August , 19~, Adolfson & Peterson, Inc. as the project manager and LHB Engineers & Architects as the engineer have prepared final plans and specifications for Project 94-30 for skylights, WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of August ,19~, 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 PM , SeDtember 17 , 19 96 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 1996,with Councilmembers Jacobson, Dehn McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: 1 {. Jn~a~vj ø.E. McKelvey - Mayor ¡t ,¡L ~~ / I.¿b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 174-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF DRYWALL SYSTEMS FOR PROJECT NO, 94-30 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-30 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson, Inc, as the project manager and _ LHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Oehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson Oehn, McKelvey, Knight Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ,!, $(... ¿ ;],E. McKelvey - Mayor Î. d;¿L./ ti ,¿~'-~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 175-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR DRYWALL SYSTEMS, WHEREAS, pursuant to Resolution No, 174-96 ,adopted by the City Council on the 20th day of August , 19~, Adolfson & Peterson, Inc, as the project manager and LHB Engineers & Architects as the engineer have prepared final plans and specifications for Project 94-30 for drywall systems. WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of August ,19~, 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 PM , September 17 , 19 96 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August ,19 96, with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: IJ t /J/C/ ~b ¿;fE, McKelvey - Mayor, ¡fiA-:t~~~ d¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 176-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF FLOORING FOR PROJECT NO. 94-30 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No, 94-30 , BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson, Inc. as the project manager and _ LHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson Dehn, McKelvey Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ~, t, }/j~'~6' ¡J,E, McKelvey - Mayor ¡¡~~/ !f¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 177-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR FLOORING WHEREAS, pursuant to Resolution No, 176-96 ,adopted by the City Council on the 20th day of August , 19~, Adolfson & Peterson, Inc, as the project manager and LHB Engineers & Architects as the engineer have prepared final plans and specifications for Project 94-30 for flooring. WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of August ,19~, 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 PM , September 17 , 19 96 at the Andover City Hall, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn McKelvey Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: çJ, t, JJ1c--~b UE. McKelvey ~ Mayor¡::? ,;/~/~ ¿¿¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 178-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF CEILING TILE SYSTEMS FOR PROJECT NO, 94-30 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-30 ' BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson, Inc. as the project manager and _ LHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1, t);~ Itl,:! 0fE. McKelvey - May r /- , /' !/ -, !)~ ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 179-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR CEILING TILE SYSTEMS, WHEREAS, pursuant to Resolution No, 178-96 ,adopted by the City Council on the 20th day of August , 19~, Adolfson & Peterson, Inc, as the project manager and LHB EnQineers & Architects as the engineer have prepared final plans and specifications for Project 94-30 for ceiling tile systems. WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of August ,19~. 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 PM , September 17 , 19 96 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fi ~. )J¡vj/d~t; tð.E. McKelvey - Mayor/' /2:;';--J j~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 180-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PAINTING FOR PROJECT NO. 94-30 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No, 94-30 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson, Inc. as the project manager and _ LHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f), £, m" ~b' ßE. McKelvey - Mayor ÚJJ bÞ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 181-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR PAINTING . WHEREAS, pursuant to Resolution No, 180-96 ,adopted by the City Council on the 20th day of August, 19-ªº-, Adolfson & Peterson, Inc, as the project manager and LHB Engineers & Architects as the engineer have prepared final plans and specifications for Project 94-30 for painting. WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of August , 19--1&. 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 PM , September 17 , 19 96 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: d(i~J d¿¿/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 182-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF MECHANICAL FOR PROJECT NO, 94-30 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-30 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson, Inc. as the project manager and _ LHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ¡J {,)1¡,., j( .-eh~¿ C«E. McKelvey - Mayor ¡J / d_~, ¡!v-é¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 183-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR MECHANICAL , WHEREAS, pursuant to Resolution No, 182-96 ,adopted by the City Council on the 20th day of AU9ust , 19~, Adolfson & Peterson, Inc. as the project manager and lHB Engineers & Architects as the engineer have prepared final plans and specifications for Project 94-30 for mechanical. WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of August ,19~, 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 PM , September 17 , 19 96 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a re9ular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn, McKelvey, Kni9ht. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~, t~,K4 ?<J,E. McKelvey - Mayor '" /L,l~ d¿¿/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 184-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF ELECTRICAL FOR PROJECT NO, 94-30 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-30 , BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson, Inc, as the project manager and _ LHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Council member Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn, McKelvey, Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: {). f. JJJ~/~ lYE. McKelvey - Mayor LL~:-¿ dæ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 185-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 94-30 , FOR ELECTRICAL WHEREAS, pursuant to Resolution No, 184-96 ,adopted by the City Council on the 20th day of August , 19~, Adolfson & Peterson, Inc, as the project manager and LHB Engineers & Architects as the engineer have prepared final plans and specifications for Project 94-30 for electrical. WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of August ,19~. 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 PM , September 17 , 1996 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 20th day of August , 19 96 , with Councilmembers Jacobson, Dehn, McKelvey Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ;/ ç, /J!vK~ ß.E. McKelvey - Mayor / d,;¿::.-~/ déb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO 186-96 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF HUNTER'S HOLLOW AS BEING DEVELOPED BY GOLD NUGGET DEVELOPMENT CO, LOCATED IN SECTIONS 9 AND 16, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing. the Planning and Zoning Commission recommends approval of the plat citing the following: 1, A variance to Ordinance 10, Section 9.06 A3 for lots that do not meet the minimum 39,000 square foot requirement. A variance of up to a maximum of 10,000 square foot would be allowed. Lots2&4 Block 1 Lot 1 Block 2 Lot 1 Block 3 Lot 6 Block 4 2, A variance from Ordinance 10, Section 9,03 0 as the tangent (straight portion) section between the reverse curves does not exist. 50' feet minimum between reverse is required. 3, Storm sewer/street plan and profile of streets and storm sewers be submitted, reviewed, and approved by the City Engineer prior to any construction. 4, The developer is responsible to obtain all necessary permits from the Lower Rum River WMO, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site, 5, Park dedication as recommended by the Park and Recreation Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Hunter's Hollow. Adopted by the City Council of the City of Andover this 20th day of August 19 96 , -' CITY OF ANDOVER ATTEST: ~' t /1)G J;f!::1 ¡~ ú- ' , E, McKelvey - Mayor . Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. ] 87-96 RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISEE TO CONTINENTAL WHEREAS, the cable television franchise (the "Franchise") of the municipality of Andover (the "Authority") is currently owned and operated by Group W Cable of the Quad Cities d/b/a Meredith Cable Company ("Group W") which is owned by Meredith/New Heritage Strategic Partnership, L.P. ("MNHSP"); and WHEREAS, the general partner ofMNHSP has entered into a Purchase Agreement dated March ]5, ]996 with Continental Cablevision, Inc. ("Continental") whereby said general partner is proposed to be replaced by North Central Communications Corp., Continental of Minnesota, Inc. or Continental of St. Paul, Inc., both wholly owned subsidiaries of Continental (the "Meredith/Continental Agreement"); and WHEREAS, Group W will continue to hold the Franchise; and WHEREAS, the Authority has received a request for consent to the transfer of control contemplated by the Meredith/Continental Agreement; and WHEREAS, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding; and WHEREAS, the Authority has detennined that subject to certain conditions which must be met, Continental possesses the requisite legal, technical and financial qualifications; NOW, THEREFORE, BE IT RESOLVED, that the transfer contemplated by the Meredith/Continental Agreement is hereby consented to by the Authority and pennitted conditioned upon: 1. Execution and delivery of a Corporate Guaranty from Continental Cablevision, Inc, in the form attached hereto; and 2, Documentation that a wholly owned subsidiary of Continental Cablevision, Inc, is duly admitted as a successor general partner pursuant to the Restated Agreement of Limited Partnership ofMeredith/New Heritage Strategic Partners, L.P, dated December 30, 1991 or any amendment thereof; and 3. Payment of $50,000 to the Quad Cities Cable Communications Commission as required in the Memorandum of Understanding between the Authority and Group W for equipment purchases; and 4, Reimbursement of all reasonable fees incurred in the Authority's review of the proposed transactions, and 5. The successful closing of the transaction described in the Meredith/Continental Agreement. BE IT RESOLVED FURTHER, that Continental may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the "Collateral") to any lender providiinancing to Continental ("Secured Party''), from time to time, Secured Party shall have no duty to preserve the confidentiality of the infonnation provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the order of any governmental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with respect to such infonnation subject, however, to each of the tenns and conditions of the Franchise. ADOPTED by the City Council of the City of Andover this _3m_ day of September ,1996. CITY OF ANDOVER Ý t JnG~4 fj',E. McKelvey, Mayor ATTEST: {Lt~ ¿[¿¿ Victoria Volk, City Clerk The undersigned, being the duly appointed, qualified and acting Clerk of the City of Andover, Minnesota hereby certify that the foregoing Resolution No. /9,7-lJþis a true, correct and accurate copy of Resolution No,/Sl:!lk d~ and lawfully passed and adopted by the City of Andover on the -3 I't/ dayof" ~, 1996, ~bL Victoria Volk, City Clerk , '.'\ ·ì.' , ' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 188-96 RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION FRANCHISEE TO US WEST WHEREAS, the cable television franchise (the "Franchise") of the municipality of Andover (the "Authority") is currently owned and operated by Group W Cable of the Quad Cities d/b/a Meredith Cable Company ("Group W"), which is owned by MeredithfNew Heritage Strategic Partnership, L.P, ("MNHSP"); and WHEREAS, the general partner of MNHSP, has entered into a Purchase Agreement dated March 15, 1996 with Continental Cablevision, Inc. ("Continental") whereby Group W will be owned by Continental (the "Meredith/Continental Agreement"); and WHEREAS, Continental will guarantee the Franchise obligations pursuant to a Corporate Guaranty; and WHEREAS, the Authority has consented to the transaction described in the Meredith/Continental Agreement; and WHEREAS, Continental intends on merging into US WEST, Inc. or a wholly owned subsidiary of US WEST, Inc., (herein collectively known as "US WEST') pursuant to that certain Agreement and Plan of Merger dated February 27, 1996 (the "Continenta1lUS WEST Agreement"); and WHEREAS, Group W will continue to hold the Franchise; and WHEREAS, the Authority has received a request for consent to the merger of Continental and US WEST (the "Continenta1lUS West Merger"); and WHEREAS, no notice of breach or default under the Franchise has been issued by Authority within the past 12 months and none is outstanding, and WHEREAS, the Authority has determined that subject to certain conditions which must be met, US WEST possesses the requisite legal, technical and financial qualifications; NOW, THEREFORE, BE IT RESOLVED, that the Continental/US West Merger is hereby consented to by the Authority and permitted conditioned upon: I. Execution and delivery of a Corporate Guaranty for US WEST, Inc. in the form attached hereto; and 2, Securing all necessary federal, state, and local government waivers, authorizations, or approvals relating to US West's acquisition and operation of the system to the extent provided by law; and 3. Reimbursement of all reasonable fees incurs in the Authority's review of the proposed transactions; and 4. The successful closing of the Transaction described in the Continental/US WEST Agreement on or before March 31, 1997 unless such time period is extended by Resolution of the Quad Cities Cable Communications Commission, In the event closing does not occur prior to this date, the Authority's consent to transfer shall be deemed to be withheld. BE IT RESOLVED FURTHER, that nothing herein shall be construed or interpreted to constitute any approval or disapproval of or consent or non-consent to US WEST's Petition for Special Relief currently pending before the FCC, or any other federal, state or local government waivers, authorizations or approvals, other than that transaction delineated above, BE IT RESOLVED FURTHER, that US WEST may, at any time and from time to time, assign or grant or otherwise convey one or more liens or security interests in its assets, including its rights, obligations and benefits in and to the Franchise (the ("Collateral") to any lender providing financing to US WEST ("Secured Party"), from time to time. Secured Party shall have no duty to preserve the confidentiality of the information provided in the Franchise with respect to any disclosure (a) to Secured Party's regulators, auditors or attorneys, (b) made pursuant to the order of any governmental authority, (c) consented to by the Authority or (d) any of such information which was, prior to the date of such disclosure, disclosed by the Authority to any third party and such party is not subject to any confidentiality or similar disclosure restriction with third party and such party is not subject, however, to each of the terms and conditions of the Franchise. ADOPTED by the City Council of the City of Andover this _Æl_ day of September ,1996. CITY OF ANDOVER Q, f~,/~~ ,j.f,E. McKelvey, Mayor ATTEST: d'·~·,.k Victoria V olk, City Clerk The undersigned, being duly appointed, qualified and acting Clerk of the City of Andover, Minnesota hereby certify that the foregoing Resolution No. I g go -t¡~ is a true, correct and accurate copy of Resolution No. I t'f - '9 tf:, duly and lawfully passed and adopted by the City of Andover on the ...3 rd day of ~ ' 1996. d,;t~ ¡db Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R189-96 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF RADEMACHER COMPANIES, INC. TO ALLOW FOR THE INSTALLATION OF FIVE (5) BELOW GROUND STORAGE TANKS (3 -20,000 GALLON, 1 - 10,000 GALLON AND 1 - 8,000 GALLON) FOR THE BULK STORAGE OF LIQUID FUELS PURSUANT TO ORDINANCE NO, 8, SECTION 4,26 ON THE PROPERTY LOCATED AT 14041 ROUND LAKE BOULEVARD NW, KNOWN AS BILL'S SUPERETTE, LEGALLY DESCRIBED AS LOT 1, BLOCK 2, ANDOVER COMMUNITY SHOPPING CENTER. WHEREAS, Rademacher Companies, Inc. has requested an Amended Special Use Pennit to allow for the installation of five (5) below ground storage tanks for the bulk storage of liquid fuels (diesel and unleaded gasoline) pursuant to Ordinance No.8, Section 4,26 on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot 1, Block 2, Andover Community Shopping Center, WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No, 8, Section 4,26, Bulk Storage of Liquid Fuels and Section 5,03, Special Uses, The Commission fmds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Pennit as requested, 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 Amended Special Use Pennit to allow for the installation of five (5) below ground storage tanks for the bulk storage of liquid fuels (diesel and unleaded gasoline) pursuant to Ordinance No, 8, Section 4.26 on said property with the following conditions: 1) The applicant shall provide to the City, in writing, proof that the tanks meet all State requirements and installation regulations, Page Two Resolution Amended Special Use Permit - Bulk Storage of Liquid Fuels 14041 Round Lake Boulevard NW Bill's Superette 2) The Andover Fire Marshall shall inspect the tanks and installation. 3) The Amended Special Use Permit shall be subject to a sunset clause as defined in Ordinance No, 8, Section 5,03 (D), 4) The Amended Special Use Permit shall be subject to annual review. 5) Removal of existing tanks. Adopted by the City Council of Andover on this 3rd day of September, 1996, CITY OF ANDOVER ~, ff ~~~~ UE, McKelvey, Mayor ATTTEST Lt;~ !;-/¿/ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO, R190-96 A RESOLUTION APPROVING THE VARIANCE REQUEST OF RADEMACHER COMPANIES INC. TO ORDINANCE NO, 8, SECTION 8,08, WHICH REQUIRES ALL OFF- STREET PARKING FACILITIES TO BE SET BACK TWENTY (20) FEET IN THE FRONT YARD AND TO SECTION 8,04 WHICH REQUIRES A TWENTY (20) FOOT LANDSCAPED YARD ALONG ALL STREETS ON THE PROPERTY LOCATED AT 14041 ROUND LAKE BOULEVARD NW, KNOWN AS BILL'S SUPERETTE, LEGALLY DESCRIBED AS LOT I, BLOCK 2, ANDOVER COMMUNITY SHOPPING CENTER, WHEREAS, Rademacher Companies Inc, has requested a variance to Ordinance No, 8, Section 8,08, which requires all off-street parking facilities to be set back twenty (20) feet in the front yard and to Section 8,04, which requires a twenty (20) foot landscaped yard along all streets on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot I, Block 2, Andover Community Shopping Center; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No, 8, Section 5.04 and that a hardship does exist; and WHEREAS, the Planning and Zoning Commission finds that accommodations have been made by Rademacher Companies Inc. to provide a landscaped area between the frontage road and parking lot area; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance requested. 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 variance request of Rademacher Companies, Inc, on said property, Adopted by the City Council of the City of Andover on this Jrd day of September, of 1996, CITY OF ANDOVER ATTEST: ;.t,#/þ~ J,E. McKelvey, Mayor Lt~· ¡/db Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R191-96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF RADEMACHER COMPANIES, INC, TO CONSTRUCT A CAR WASH AT 14041 ROUND LAKE BOULEVARD NW, KNOWN AS BILL'S SUPERETTE, LEGALLY DESCRIBED AS LOT I, BLOCK 2, ANDOVER COMMUNITY SHOPPING CENTER. WHEREAS, Rademacher Companies, Inc. has requested a Special Use Pennit to construct a car wash on the property located at 14041 Round Lake Boulevard NW, known as Bill's Superette, legally described as Lot I, Block 2, Andover Community Shopping Center; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestion or hazards; the use will not depreciate surrounding property values; and the use is in hannony with the Comprehensive Plan; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested, 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 to approve the Special Use Permit on the above described property with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection by City Staff. 2, The Special Use Permit will be subject to Rademacher Companies, Inc, receiving Commercial Site Plan approval from the City, Page Two Resolution Special Use Pennit - Car Wash 14041 Round Lake Boulevard NW Bill's Superette 3. The Special Use Pennit 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 3m day of September, 1922. CITY OF ANDOVER ¿ ff, -0~.~*, J.E. McKelvey, Mayor ATTEST: ~' , ,. ð,,¿¿ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 192-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO, 96-23, IN THE 13625 JAY STREET NW (KOTTKES' BUS SERVICE, INC,) AREA WHEREAS. the City Council has received a petition, dated August 16 1996. requesting the construction of improvements: and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that 1, The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is -0- 3, The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 3rd day of September, 19 96, with Councilmembers Knight. Kunza, Jacobson, Dehn, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: -IE' r mú /(,b .E. McKelvey - Mayor L~/J ¿/¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 193-96 MOTION by Council member Knight to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO, 96-23 FOR WATERMAIN IN THE FOllOWING AREA 13625 JAY STREET NW IKOTTKES' BUS SERVICE INC.), WHEREAS, the City Council did on the 3rd day of _September. 19 96 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 3rd day of September ,19~; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 13,997,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 13997.00 , waive the Public Hearing and order improvements, BE IT FURTHER RESOLVED the property would be assessed over a JL. year period. MOTION seconded by Council member Kunza and adopted by the City Council at a regular meeting this 3rd day of September, 19--ªº--, with Councilmembers Knight. Kunza, Jacobson, Dehn, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: f)' 1 $& k:~ .ø.E, McKelvey - Mayor ;i~ (/;/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 194-96 MOTION by Council member Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 95-26 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE AREA OF SHADOWBROOK, CONTINGENT ON ALL NECESSARY DOCUMENTATION BEING COMPLETED, WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 145-96 ,dated August 8 , 1996, bids were received, opened and tabulated according to law with results as follows: C,W. Houle, Inc. $1,487,375,67 LaTour Construction $1,579,096.18 S.J, Louis Construction $1,610,961.20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate C,W, Houle 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 C,W, Houle, Inc. in the amount of $1.487,375,67 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this ~ day of September ,19~, with Councilmembers Knight. Kunza, Jacobson, Dehn, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ' f Mv / !L-~~u ¡j,;¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 195-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 96-8 FOR MISCELLANEOUS BITUMINOUS PARK TRAILS WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 135-96 ,dated July 16 , 1996, bids were received, opened and tabulated according to law with results as follows: Base Bid Alternate Bid W,B. Miller, Inc. $105,357,50 $48,285,00 Expert Asphalt $113,380,50 $61,438.25 Lan Dar, Inc, $121,520,00 $50,348.00 Alber Asphalt Co, $122,857.50 $55,798,25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate W.B, Miller, 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 W,B, Miller Inc. in the amount of $1 05.357.50 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 lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this ~ day of September ,19...lliL, with Councilmembers Knight Kunza, Jacobson, Dehn, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: !). f. Þk ~1:? fj,E, McKelvey - Mayor l~:.) d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. If;!6-96 A RESOLUTION ADOPTING THE CITY OF ANDOVER 1997 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR AND ESTABLISHING THE PROPOSED BUDGET FOR THE GENERAL FUND. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support ITom 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 and budget prior to September 15, 1996, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 1997 property tax levy totaling $ 3,335,556, of which $ 2,803,883 is for general operating purposes and is levied against all taxable property within the City of Andover, $16,629 is levied against property located il\1Ìn the Lower Rum River Watershed District for the City of Andover's share of costs of this organization and $515,044 is for the repayment of bonded indebtedness as follows: 1991 Fire Station Bonds $ 324,971 1992 Certificate of Indebtedness $ 37,704 1994 Certificate of Indebtedness $ 33,262 1995 Certificate of Indebtedness $ 119 107 Total $ 515.044 BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the preliminary General Fund budget as follows: REVENUES EXPENDITURES Property Taxes $ 2,512,958 General Government $ 1,348,026 License and Permits 345,930 Public Safety 1,390,523 Intergovernmental Revenue 765,805 Public Works 1,280,701 Charges for Current Services 439,300 Other 60 1.843 Fines and Forfeits 37,100 Miscellaneous Revenue 192,900 'ransfers 327.1 00 Total $ 4.621.093 Total $ 4.621.093 A.dopted by the City of Andover this 3rd day of September ,19 96 , CITY OF ANDOVER ATTEST: j), E Æv~~ tfE, McKelvey - Mayor ~J~ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 197-96 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF HUNTER'S HOLLOW AS BEING DEVELOPED BY GOLD NUGGET DEVELOPMENT CO, IN SECTIONS 9 & 16-32-24. WHEREAS, the City Council approved the preliminary plat of Hunter's Hollow ; and WHEREAS, the Developer has presented the final plat of Hunter's Hollow, WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Hunter's Hollow contingent upon receipt of the following: 1, The City Attorney presenting a favorable opinion, 2, Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3, The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City, 4, The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc,}) and a contract for the improvements awarded, 5. Street light costs to be paid to Anoka Electric Cooperative, Costs to be determined by Anoka Electric Cooperative. 6, Receipt of all necessary drainage and utility easements outside the plat if necessary, 7, Developer is responsible to obtain all permits from U.S, Army Corps of Engineers, DNR, LGU, Lower Rum River WMO, MPCA and any other agency that may be interested in the site, 8, Park dedication as recommended by the Park and Recreation Commission, The dedication will be cash, 9, The developer have the appropriate easements drawn up and obtain the signatures of the property owners for the permanent cul-de-sac to be constructed by the developer at the end of 164th Lane NW. Note: The following variances were approved as part of the approval of the preliminary plat: 1 O,A variance to Ordinance 10, Section 9,06 A3 for lots that do not meet the minimum 39,000 square foot requirement. A variance of up to a maximum of 10,000 square foot would be allowed, Lots 2 & 4 Block 1 Lot 1 Block 2 Lot 1 Block 3 Lot 6 Block 4 11. On the preliminary plat, remove the north-south section of Heather Street NW between 164th Lane NWand 164th Avenue NW 12. Storm sewer/street plan and profile of streets and storm sewers be submitted, reviewed, and approved by the City Engineer prior to any construction, Adopted by the City Council of the City of Andover this 3rd day of September, 19~, CITY OF ANDOVER ATTEST: fJ ~ JJJv<~ L~ tlHV ¡tE. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R 198-96 A RESOLUTION GRANTING THE LOT SPLIT\V ARIANCE REQUEST OF ASHFORD DEVELOPMENT CORPORATION TO CREATE TWO PARCELS PURSUANT TO ORDINANCE NO, 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO, 8, SECTION 6,02, MINIMUM DISTRICT REQUIREMENTS WHEREAS, Ashford Development Corporation has requested a lot split\variance to create two parcels pursuant to Ordinance No, 40 and varying from the provisions of Ordinance No, 8, Section 6,02, Minimum District requirements for an R-l, Single Family Rural District on property owned by Douglas and Janet Boyer and located at 1422 161 st Avenue NW, legally described as follows: The Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota except the West 660,00 feet of the South 555,80 feet of the North 1184,86 feet as measured at right angles to the North and West lines thereof, WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No, 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; 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 and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split\ variance as requested, NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions: 1. That the lot split be subject to a sunset clause as defined in Ordinance No, 40, Section III(E). Page Two Lot Split\V ariance Ashford Development Corporation September 17,1996 2, That the remnant parcel being legally combined with the parcel legally described as follows: That part of the North 689,06 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota as measured at right angles to the North line thereoflying West of the East 300 feet as measured at right angles to the East line thereof and lying East of the West 660 feet as measured at right angles to the West line thereof, Except there from the North 397.00 feet as measured at right angles to the North line thereoflying West of the East 330 feet as measured at right angles from the East line thereof and lying East of the West 660 feet as measured from the West line thereof, and the property to the South being platted as Chesterton Commons. Adopted by the City Council of the City of Andover on this L2Lb. day of September, 1996. CITY OF ANDOVER , {. JJ1è/ ATTEST: L~ ¿{¿¿ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R 199-96 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF ASHFORD DEVELOPMENT CORPORATION TO CREATE TWO PARCELS PURSUANT TO ORDINANCE NO, 40, WHEREAS, Ashford Development Corporation has requested a lot split to create two parcels pursuant to Ordinance No, 40 on property owned by Mark Tibbetts and located at 1444 161st Avenue NW, legally described as follows: That part of the North 689,06 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota as measured at right angles to the North line thereoflying West of the East 300.00 feet as measured at right angles to the East line thereof and lying East of the West 660,00 feet measured at right angles to the West line thereof; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No, 40; 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 pub.lic hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval ofthe lot split as requested. 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, That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E), 2, That the remnant parcel being legally combined with the parcel legally described as follows: Page Two Lot Split Ashford Development Corporation September 17,1996 The Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota Except the West 660,00 feet of the South 555,80 feet of the North 1184,86 feet as measured at right angles to the North and West lines thereof, Also except the North 689.06 feet of that part of said Northwest Quarter of Southwest Quarter lying West of the East 300,00 feet as measured at right angles to North and West lines, Also except the North 463 feet of the East 270 feet of said Northwest Quarter of the Southwest Quarter as measured at right angles to the North and East lines thereof, and the property to the South being platted as Chesterton Commons, Adopted by the City Council of the City of Andover on this J.2.!..rday of September ,1996, CITY OF ANDOVER .i.~' ATTEST: LL ÚL Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R200-96 A RESOLUTION GRANTING THE VARIANCE REQUEST OF TODD LEWIS TO ORDINANCE NO, 8, SECTION 6,02 WHICH REQUIRES A TEN (IO) FOOT SIDEY ARD SETBACK FROM THE INTERIOR LOT LINE TO ALLOW FOR THE PLACEMENT OF A DECK ENCROACHING TWO (2) FEET INTO THE REQUIRED SIDEY ARD SETBACK FROM THE INTERIOR LOT LINE ON THE PROPERTY LOCATED AT 3552 134TH AVENUE NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 3, WOODLAND TERRACE 4TH ADDITION, WHEREAS, Todd Lewis requested a variance to Ordinance No, 8, Section 6,02 which requires a ten (10) foot sideyard setback ÍÌ'om the interior lot line to allow for the placement of a deck support structure encroaching two (2) feet into the required sideyard setback ÍÌ'om the interior lot line on the property legally described as Lot 1, Block 3, Woodland Terrace 4th Addition, WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that the said request meets the criteria of Ordinance No.8, Section 5,04 in that a hardship exists due to the difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request as it meets the criteria of Ordinance No, 8, Section 5,04, 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 hereby approves the variance requested by Todd Lewis to allow for the placement of a deck support structure encroaching two (2) feet into the required sideyard setback ÍÌ'om the interior lot line, legally described as Lot 1, Block 3, Woodland Terrace 4th Addition, Adopted by the City Council of the City of Andover this 17th day of September. 192,Q, CITY OF ANDOVER Attest: s:ll ßc- ß~ ~(/£ I1,E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R201-96 A RESOLUTION GRANTING A ONE YEAR EXTENSION OF THE SPECIAL USE PERMIT FOR THE CONSTRUCTION OF A CHURCH AS REQUEST BY HOPE LUTHERAN CHURCH AT 161XX ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOTS 1& 2, BLOCK 2, TIMBER MEADOWS THIRD ADDITION. WHEREAS, Hope Lutheran Church has requested a one year extension of the Special Use Permit for the construction of a church on the property located at 161xx Round Lake Boulevard NW, legally described as Lots 1& 2, Block 2, Timber Meadows Third Addition; and WHEREAS, the City Council has the ability to grant a one year extension of the Special Use Permit as provided in Resolution No, 194-95. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the extension of the Special Use Permit to allow Hope Lutheran Church to construct a church on said with the following conditions: 1. All conditions established in Resolution No. 194-95 dated October 3, 1995 shall be met. 2. The Special Use Permit shall be null and void on October 3, 1997 unless considerable progress has been made on the construction of the church. Adopted by the City Council of the City of Andover on this _l11h_day of September ,1996. CITY OF ANDOVER ATTEST /i t Øc//1/::¡ J,E, McKelvey, Mayo L~~¿!ð' Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 202-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO OLD IS GOLD, INC, FOR PROJECT NO. 92-19, IN THE AREA OF WEYBRIDGE 3RD ADDITION FOR THE IMPROVEMENT OF SANITARY SEWER WATERMAIN, STREET AND STORM SEWER CONSTRUCTION, WHEREAS, pursuant to a written contract signed with the City of Andover on May 7 , 1996, Old is Gold, Inc. of Andover MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 17th day of September , 19~, with Councilmembers Knight. Kunza McKelvey, Dehn, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: 1 t hk ~~ 0.E. McKelvey - Mayor tLt-~ tloæ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 203-96 A RESOLUTION AUTHORIZING REIMBURSEMENT TO MR. INGO SCHALWIG/2281 - 174TH CIRCLE NW. WHEREAS, the City Council is cognizant that a drainage swale was improperly located on the identified parcel. WHEREAS, the City Council understands a large amount of erosion did occur along the swale and the homeowner took emergency measures to repair and eliminate erosion problems at his location, WHEREAS, the homeowner will agree to provide the necessary drainage and utility easements over the swale area. WHEREAS, this reimbursement will not set a precedence for future reimbursement requests, NOW, THEREFORE BE IT RESOLVED that the City Council hereby authorizes reimbursement to Mr. Ingo Schalwig in the amount of $1 ,750,00, BE IT FURTHER RESOLVED that the reimbursement amount of $1 ,750.00 will constitute $1,400.00 from the City of Andover and $350,00 from Woodland Development, Adopted by the City Council of the City of Andover this 17th day of September 19 96 , CITY OF ANDOVER ATTEST: () :. m6 ~f7 !ð.E, McKelvey - Mayor ILr-u:v ¡t¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 204-96 A RESOLUTION REVOKING MUNICIPAL STATE AID STREET. WHEREAS, it appears to the City Council of the City of Andover that the street hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that the road described as follows, to wit: Control Section #110, Segment 010, 020, 030 be and hereby are revoked as a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration and upon his approval of the revocation of said street or portion thereof. Adopted by the City Council of the City of Andover this 17th day of September 19 96 , CITY OF ANDOVER j), r m&kR~ ATTEST: ßE, McKelvey - Mayor I d,¿-~I£/;¿ Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on September 17, 1996, Ú' ¿;I~ ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 205-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 94-30 FOR EARTHWORK & SITE UTILITIES CONSTRUCTION IN THE AREA OF CITY HALL WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 159-96 ,dated August 20,1996, bids were received, opened and tabulated according to law with results as follows: Contractor Bid Amount Veit $39,316.00 Julian Johnson $44,482,00 Adolfson & Peterson Estimate $43,800,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Veit as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Veit in the amount of $39,316,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Dehn and adopted by the City Council at a regular meeting this 17th day of September , 19..lliL, with Councilmembers Knight. Kunza, McKelvey Dehn, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ~' ç. ll1v~~ l:t~" tÚ¿ ~,E. McKelvey - Mayo Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 206-96 MOTION by Councilmember Jacobson adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 94-30 FOR CONCRETE AND MASONRY CONSTRUCTION IN THE AREA OF CITY HALL WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 163-96 , dated August 20 , 1996, bids were received, opened and tabulated according to law with results as follows: Crosstown Masonry, Inc, $299,320.00 George Cook Construction Co, $321,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Crosstown Masonry, 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 Crosstown Masonry, Inc, in the amount of $299,320,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a special meeting this 25th day of September , 19~, with Councilmembers Jacobson, Dehn, Knight. McKelvey, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: Ý, {, )ffc, ~ ¿<{E. McKelvey - Mayor ¡~ it¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 207-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF DELINQUENT SEWER, WATER AND/OR STREET LIGHT CHARGES, WHEREAS, in accordance with City Ordinances 32, 55 and 86 a listing of delinquent sewer, water and/or street light charges has been prepared. NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1, A hearing shall be held the 5th day of November, 1996, at 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. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll no less than two weeks prior to the meeting, 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 Dphn and adopted by the City Council at a regular meeting this 1st day of October , 19~, with Councilmembers Dehn. Jacobson, Knight Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ;l r. }J/v /;;1, Lz~ d¿¿~ ME, McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 208~96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT UTILITY SERVICES CHARGES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges in the amount of $35,821,36 exist as of September 30, 1996; and WHEREAS, Section 8 of Ordinance 32, Section 30 of Ordinance 55 and Section 8 of Ordinance 86 provide for the collection by assessment of unpaid water, sewer and street light service charges 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 $35,821,36 plus an administrative fee of 15%. 2, Assessment shall be payable in equal annual installments extending over a period of 1 year. The first of the installments to payable on or before the first Monday in January 1997, 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, 4, The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 1st day of October ,19~, with Councilmembers Dehn, Jacobson, Knight, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATIEST: ¡it, me- /(~ &~ Ix!~ ;0,E, McKelvey - Mayor '# Victoria Volk - City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R209-96 A RESOLUTION GRANTING THE VARIANCE REQUEST OF MICHAEL FOTH TO DEVIATE 47 FEET FROM THE MINIMUM BUILDING SETBACK OF 150 FEET FROM THE ORDINARY HIGH WATER MARK PURSUANT TO ORDINANCE NO, 52, SECTION 5,02,01(4), WHEREAS, Michael Foth has requested a variance to deviate 47 feet from the minimmn building setback of ISO feet from the Ordinary High Water Mark pursuant to Ordinance No, 52, Section 5,02,01 (4), located at 15628 Potawatomi Street NW, legally described as Lot 7, Block 1, Rmn River Forest Addition, WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria for granting a variance stipulated in Ordinance No. 52, Section 10,03,01, and Ordinance No, 8, Section 5.04, 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, the Planning and Zoning Commission finds the request is consistent with Minnesota Statutes, Sections 104.31-104,40 and the Management Plan for the Rum River (NR 2700), WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance, NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the variance on said property with the following conditions: I, That a covenant or easement to prevent vegetation removal within the bluff setback zone be recorded, 2. That appropriate screening be maintained between all structures, adjacent structures and parcels, from the Rum River, Page Two Variance - Michael Foth 15628 Potawatomi Street NW October 1, 1996 3, That the slope from the top of the bluff to the river be left in a natural condition with no vegetation removal allowed except for the minimum needed in the event that a stairway is constructed, 4, That all primary and accessory structures built be at least 44 feet from the bluffline, 5, That the applicant obtain all necessary building permits, Adopted by the City Council of the City of Andover on this 1st day of Octoher, 1996, CITY OF ANDOVER , { he- .. ATTEST: ,E, McKelvey, May i~dæ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 210-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #i TO PROJECT NO, 94-33, COMMERCIAL BOULEVARD EXTENSION, WHEREAS, the City of Andover has a contract for Project No, 94-33 with Forest Lake Contracting of Forest Lake, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-33, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 1st day of October , 19~, with Councilmembers Kunza, Dehn, McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: Æ' 1. m~~~ ,E. McKelvey - Mayo . ~,tI~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 211-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF CONTAMINATED SOIL AND DEBRIS REMOVAL (PART 2) PROJECT NO, 94-33C AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-33C. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate McCombs Frank Roos Associates, Inc. as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this -1§L day of October , 19 96 , with Councilmembers Kunza, Dehn, McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ~ r }y;0J(~7- 0.E. McKelvey - Mayo iLL d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 212-96 MOTION by Council member Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO NORTH END LANDSCAPING FOR PROJECT NO, 96-13, MISCELLANEOUS STORM SEWER MAINTENANCE. WHEREAS, pursuant to a written contract signed with the City of Andover on June 18 , 19 96 , North End Landscaping of Andover, MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ~ day of October , 19~, with Councilmembers Kunza, Dehn, Jacobson, McKelvey, Kniaht voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: ß· £ Þlvi(~ LL I,.¿L- ßE. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 213-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF HUNTER'S HOLLOW AS BEING DEVELOPED BY GOLD NUGGET DEVELOPMENT CO, LOCATED IN SECTIONS 9 & 16, TOWNSHIP 32. RANGE 24, ANOKA COUNTY, WHEREAS, the Andover Review Committee has reviewed the revised preliminary plat; and WHEREAS, Resolution No, 140-96 still applies to the preliminary plat; and NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby approve the revised preliminary plat of Hunter's Hollow Adopted by the City Council of the City of Andover this ......1§t day of October , 19~, CITY OF ANDOVER ATTEST: 0. ~. mr/ K;~ a.E. McKelvey - Mayor iJ~ £¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 214-96 A RESOLUTION APPROVING THE REVISED FINAL PLAT OF _ HUNTER'S HOLLOW AS BEING DEVELOPED BY GOLD NUGGET DEVELOPMENT CO. LOCATED IN SECTIONS 9 & 16, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, WHEREAS, the Andover Review Committee has reviewed the revised final plat; and WHEREAS, Resolution No, 197-96 still applies to the final plat; and NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby approve the revised final plat of Hunter's Hollow. Adopted by the City of the City of Andover this 1st day of October , 19 96. CITY OF ANDOVER ATTEST: j), £, J1luk:J,~ UE, McKelvey - Mayor L,~¿-~" tf~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 215-96 A RESOLUTION ESTABLISHING REVISED GRADING INSPECTION FEES TO BE COLLECTED BY THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: The Grading Inspection Fee schedule for 1996 shall be as follows: 1. 1 st Inspection No Charge 2, 2nd Inspection No Charge 3, 3rd Inspection $35,00 4, 4th Inspection $75,00 5, 5th and any Subsequent Inspections $100,00 each The above fees apply to repairs and alternatives requiring inspections as well as all new installations, Adopted by the City Council of the City of Andover this ~ day of October , 19 96 , CITY OF ANDOVER ATTEST: {} 1. mv Æ1~~ c1'E. McKelvey - Mayor Llu:-, ¡db Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 216-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 94-30 FOR STRUCTURAL STEEL - LABOR CONSTRUCTION IN THE AREA OF CITY HALL WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 165-96 , dated August 20, 1996, bids were received, opened and tabulated according to law with results as follows: K,M,H, Steel Erectors $20,526,00 Western Steel Erectors $23,546,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate K,M,H. Steel Erectors as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with K.M.H, Steel Erectors in the amount of $20,526,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Dehn and adopted by the City Council at a regular meeting this ~ day of October , 19 96 , with Councilmembers Kunza, Dehn, McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~: 1~e(:::!6 1~z-~ !Ú¿- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 217-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 94-30 FOR MISCELLANEOUS CONSTRUCTION IN THE AREA OF CITY HALL WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 167-96 ,dated August 20,1996, bids were received, opened and tabulated according to law with results as follows: Merrimac Construction $140,463.00 Kellington Construction $159,900.00 C.F, Haglin & Sons $166,000,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Merrimac Construction as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Merrimac Construction in the amount of $140.463,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Dehn and adopted by the City Council at a regular meeting this ~ day of October , 19~, with Councilmembers Kunza, Dehn, McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: 0. ç, h1" fit J~N' r L~ YE. McKelvey - Mayor ÚU Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 218-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 94-30 FOR ROOFING CONSTRUCTION IN THE AREA OF CITY HALL WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 169-96 ,dated August 20 , 1996, bids were received, opened and tabulated according to law with results as follows: Roof Tec $53,050,00 Herzog Roofing $54,200.00 Granite City Roofing $70,225,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate RoofTec as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with RoofTec in the amount of $53,050,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ~ day of October , 19~, with Councilmembers Kunza, Dehn, McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: 'ª, t Jnc- f:J,tß- ~ ¡/ft/ ,E, McKelvey - Mayor ¿I Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 219-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 94-30 FOR ALUMINUM WINDOWS & ENTRANCES CONSTRUCTION IN THE AREA OF CITY HALL WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 171-96 ,dated August 20, 1996, bids were received, opened and tabulated according to law with results as follows: Gateway/AGC, Inc. $32,390,00 Empirehouse, Inc, $33,557.00 Mulcahy $36,247,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Gateway/AGC, 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 Gateway/AGC, Inc, in the amount of $32,390,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ~ day of October ,19 96 ,with Councilmembers Kunza, Dehn, McKelvey, Jacobson Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ij, ( lJt~;¿¿7 ¡[~/;>~_~ tI~ clE. McKelvey - Mayor~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 220-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 94-30 FOR SKYLIGHTS CONSTRUCTION IN THE AREA OF CITY HALL WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 173-96 , dated August 20, 1996, bids were received, opened and tabulated according to law with results as follows: w.L. Hall Co, $28,924,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate W,L. Hall Co, as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with w.L. Hall Co, in the amount of $28 924,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ~ day of October , 19~, with Councilmembers Kunza, Dehn, McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: (). ç: ßLf/17 I[::fu-J ¡~ ßE. McKelvey - ÍVlayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 221-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 94-30 FOR DRYWALL SYSTEMS CONSTRUCTION IN THE AREA OF CITY HALL WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 175-96 ,dated August 20,1996, bids were received, opened and tabulated according to law with results as follows: Mulcahy, Inc, $58,900.00 Gene Anderson Drywall $67,633.00 Mike Reinert Drywall, Inc. $86,630,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Mulcahy. 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 Mulcahy, Inc, in the amount of $58,900,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ~ day of October , 19~, with Councilmembers Kunza Dehn, McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: zi' ?:. m.~1~ i.~ it& ' ,McKeívey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 222-96 MOTION by Councílmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 94-30 FOR FLOORING CONSTRUCTION IN THE AREA OF CITY HALL WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 177-96 , dated August 20, 1996, bids were received, opened and tabulated according to law with results as follows: MSA Industries $51,979,00 Land Of Lakes Tile Co, $56,400,00 Twin City Tile & Marble $60,600,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate MSA Industries as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with MSA Industries in the amount of $51 ,979,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this J.§L day of October , 19.1lli-, with Councílmembers Kunza, Dehn, McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ?). {. )JfuÆj,~ L~ dtv UE. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 223-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 94-30 FOR CEILING TILE SYSTEMS CONSTRUCTION IN THE AREA OF CITY HALL WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 179-96 ,dated August 20 , 1996, bids were received, opened and tabulated according to law with results as follows: Janning's Acoustics, Inc, $11,115.00 Twin City Acoustics $12,340,00 Northland Acoustics $13,140,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Janning's Acoustics, 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 Janning's Acoustics, Inc, in the amount of $11 ,115.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ..1§L day of October , 19~, with Councilmembers Kunza, Dehn, McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ri' c¡ )n./ J11.';7- L~ tldV ' ,E, McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 224-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 94-30 FOR PAINTING CONSTRUCTION IN THE AREA OF CITY HALL WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 181-96 ,dated August 20 , 1996, bids were received, opened and tabulated according to law with results as follows: Wasche Interiors. Inc. $16,625.00 Swanson & Youngdale, Inc, $17,550.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Wasche Interiors, 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 Wasche Interiors, Inc, in the amount of $16,625.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ~ day of October , 19J1li...., with Councilmembers Kunza, Dehn McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¿J ~, k/f{f7 d:;f;~ á'E McKelvey - Mayor tI~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 225-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 94-30 FOR MECHANICAL CONSTRUCTION IN THE AREA OF CITY HALL WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 183-96 ,dated August 20,1996, bids were received, opened and tabulated according to law with results as follows: Spartan Mechanical, Inc, $233.700,00 Horwitz Inc. $246,800,00 Northland Mechanical $263,800.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Spartan Mechanical. 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 Spartan Mechanical. Inc, in the amount of $233,700,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ~ day of October , 19~, with Councilmembers Kunza Dehn, McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: (j, r¡, ht&~l,d ~/~ jrE. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 226-96 MOTION by Councílmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 94-30 FOR ELECTRICAL CONSTRUCTION IN THE AREA OF CITY HALL WHEREAS, pursuant to advertisement for bids as set out in Councíl Resolution No, 185-96 ,dated August 20, 1996, bids were received, opened and tabulated according to law with results as follows: Industrial Electric Co, $126,500.00 Vander Vegt Electric Inc, $129,750.00 Kilmer Electric Company, Inc, $131,100.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Industrial Electric Co, as being the apparent low bidder, BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Industrial Electric Co. in the amount of $126,500,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Councíl at a regular meeting this -.1§L. day of October , 19~, with Councilmembers Kunza, Dehn, McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ¡J. r:. )J;'vj/~~ ~~, /.f,E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO, R 227-96 A RESOLUTION APPOINTING JUDGES FOR THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 1996 IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: The persons as shown below are hereby appointed judges for the General Election to be held on Tuesday, November 5, 1996 in the City of Andover: Precinct #1 Sylvia Volk, Chief - IR / Kathryn Green - DFL Sherry Buttweiler - IR Margaret Reynolds - IR " Janet Conway - DFL' Shirley Sanborn - IR ,/ Precinct #2 Verna Hennen, Chief - IR Joan Libor - IR Carol Bradley - DFL Marie Romo - DFL Charles Buckman-Ellis - DFL Kathy Royer - IR Virginia Engle - IR Gretchen Sabel- DFL Virginia Hayes - IR Precinct #3 Don Olson, Chief - IR Arm Lown - IR Alice Gelling - IR Mabel Ottenstroer - DFL Terry Louie - DFL Precinct #4 Terry VanNote, Chief - IR Mary May - DFL Brian Bohne - Reform Cindy Ryhn - IR Barbara Collette - IR Susan Wood - DFL Precinct #5 Mary West, Chief - DFL Linda Louie - DFL Diane Hartinger - IR Howard Neisen - IR Cheryl Johnson - IR Krista Nelson - Student Precinct #6 Peggy Olson, Chief - IR Elizabeth Jensen - IR Eleanor Apel- DFL Ruth Maus - IR Mary Jo Bonin - IR Mary Sullivan - IR Geraldine Erickson - DFL Loretta Sunderland - IR Eileen Hawkinson - DFL Precinct #7 Cindy Brostrom, Chief - DFL Marlene Palm - DFL Loretta Boyum - IR Pamela Rietkerk - IR Norma Johnson - Reform Sue Rylander - IR Donna Lexcen - IR Lucy Schalwig - Reform Adopted by the City Council of the City of Andover this 1st day of October .1996, CI1Y OF ANDOVER Attest: ¡~~ tf,¿¿/ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA R228-96 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS DEDICATED TO DEBT SERVICE PAYMENTS FROM THE WATER TRUNK AREA CONNECTION CHARGES ASSESSED WITH VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, Resolution Number R071-95 authorized the refunding of the 1985B bonds issued to finance various improvement projects including trunk water expansions and extensions. WHEREAS, water area assessments and water connection charges collected by the Water Trunk Fund are pledges to the retirement ofthe bonds sold to finance the construction costs; and WHEREAS, payments during 1996 in the amount of $190,000 for principal retirement and $44,441.25 for interest expense have been recorded within the 1995 Series B debt service fund on behalf ofthe Trunk Water fund. NOW, THEREFORE BE IT RESOLVED that a transfer from the Water Trunk fund to the 1995 Series B debt service fund in the amount of $234,441.25 is authorized for the payment ofthe 1996 principal and interest obligations. Adopted by the City Council ofthe City of Andover this 15th day of October, 1996. CITY OF ANDOVER ATTEST: Ii ç ~(/¿Jl~_ .E.McKewey-Mayo d~ dæ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R229-96 - MOTION by Councilmember _D.fhn to adopt the following: A RESOLUTION APPROVING RENEWAL OF THE CHARITABLE GAMBLING PERMIT FOR THE ANDOVER LIONS CLUB TO CONDUCT A PULL T AB OPERATION AT POV'S SPORTS BAR, 1851 BUNKER LAKE BOULEVARD NW., ANDOVER, MN. WHEREAS, the Andover Lions Club has submitted an application to the City of Andover and the State Charitable Gambling Board for renewal of their permit to operate charitable gambling at Pov's Sports Bar and Grill, 1851 Bunker Lake Boulevard NW, Andover, MN. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a charitable gambling license for the Andover Lions Club to operate a pulltab operation at Pov's Sports Bar and grill be approved. MOTION seconded by Councilmember Kunza and adopted by the City Council at a Rel!Ular meeting this .lSth. day of October , 1 996 with Councilmembers Dehn. McKelvey. Kniiht. Kunza. Jacobson (abstain)voting in favor of the resolution, and Council- members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: 0, (, 4£/(# ß.E. McKelvey - Mayor LL, /4/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 230-96 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, PROJECT 93-30, BUNKER LAKE BOULEVARD SERVICE ROAD, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $483,274.60, so that the total cost of the improvement will be $ 483,274,60 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1, The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 483.274.60 the amount to be assessed against benefited property owners is declared to be $ 483,274.60 2, Assessments shall be payable in equal annual installments extending over a period of .5. years. The first of the installments to be payable on or before the 1 st Monday in January 1997, and shall bear interest at the rate of Z 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 Council member Kunza and adopted by the City Council at a regular meeting this 15th day of October, 19~, with Councilmembers Dehn, Kunza, Knight. McKelvey, Jacobson voting in favor of the resolution, and Councilmembers_ none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ç, r. Mv;¿4 ME, McKelvey - Mayor l;t;~ d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 231-96 MOTION by Council member Dehn to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO, 93-30, BUNKER LAKE BOULEVARD SERVICE ROAD, WHEREAS, by a resolution passed by the City Council on October 15 ,1996, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No, 93-30; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been complete and filed in her office for public inspection, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1, A hearing shall be held the 6th day of November , at the Oak View Middle School 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 week prior to the hearings, 3, The owner of any property so assessed may at any time prior to verification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 15th day of October, 19~, with Councilmembers_ Dehn, Kunza Knight. McKelvey, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: j). f? þ/(/y~? ~ ¡/¿v ¿;J,E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 232-96 MOTION by Council member Dehn to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN, PROJECT 96- 14, 14210 CROSSTOWN BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $6,315,00, so that the total cost of the improvement will be $6,315,00. NOW. THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $6,315,00, 2, Assessments shall be payable in equal annual installments extending over a period of Q years, The first of the installments to be payable on or before the 1 st Monday in January 1997, and shall bear interest at the rate of Z 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 Kunza and adopted by the City Council at a regular meeting this ..1illb. day of October , 19~, with Councilmembers Dehn, Kunza, Knight. McKelvey, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: Jl ~, k:/¥~, ú.(,E. McKelvey - Mayor ¡[~ fi-w Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 233-96 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO, 96-14, 14210 CROSSTOWN BOULEVARD NW. WHEREAS, by a resolution passed by the City Council on October 15 .1996, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No, 96-14; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been complete and filed in her office for public inspection, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. A hearing shall be held the 6th day of November , at the Oak View Middle School 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 week prior to the hearings, 3, The owner of any property so assessed may at any time prior to verification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made, Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 15th day of October , 19~, with Councilmembers Dehn, Kunza Knight. McKelvey Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ff ~. Þlv~4 ßE, McKelvey - Mayor £~b~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 234-96 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, PROJECT 96-23, KOTTKES' BUS SERVICE. INC, (13625 JAY STREET NW), THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $13,997.00, so that the total cost of the improvement will be $13,997.00, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1, The portion of the cost of such improvement to be paid by the City is hereby declared to be $-= 0- the amount to be assessed against benefited property owners is declared to be $13,997.00, 2, Assessments shall be payable in equal annual installments extending over a period of Q years. The first of the installments to be payable on or before the 1st Monday in January 1997, and shall bear interest at the rate of Z 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 Kunza and adopted by the City Council at a regular meeting this 15th day of October, 19~, with Councilmembers Dehn, Kunza, Knight. McKelvey, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: f) ~ ' <~ .j, ~/ - ßE. McKelvey - Mayor &~~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 235-96 MOTION by Council member Dehn to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO, 96-23, KOTTKES BUS SERVICE, INC, 113625 JAY STREET NW). WHEREAS, by a resolution passed by the City Council on October 15 , 19~, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No, 96-23; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been complete and filed in her office for public inspection, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. A hearing shall be held the 6th day of November ,at the Oak View Middle School 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 week prior to the hearings, 3. The owner of any property so assessed may at any time prior to verification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 15th day of October, 19~, with Councilmembers Dehn, Kunza, Knight. McKelvey, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: I {l ø~ ÆL,~ IlL-~ t'f.æ 1d.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 236-96 MOTION by Council member Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO OLD IS GOLD, INC. FOR PROJECT NO, 95-23, WOODLAND TERRACE DEVELOPMENT/SERVICE ROAD ENTRANCE REMOVAL. WHEREAS, pursuant to a written contract signed with the City of Andover on August 15 , 1996, Old Is Gold Inc. of Andover MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 15th day of October , 19 96, with Councilmembers Dehn, Kunza, Knight McKelvey Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: J ~. ~-*~/'Þ ,Ij,E, McKelvey - Mayor Ú~ Vb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 237-96 MOTION by Council member Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO HALVERSON CONCRETE FOR PROJECT NO. 96-6,1996 MISCELLANEOUS CONCRETE CURB & GUTTER. WHEREAS, pursuant to a written contract signed with the City of Andover on July 2 , 19 96 , Halverson Concrete of Ham Lake, MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 15th day of October , 19~, with Councilmembers Dehn Kunza, Knight. McKelvey, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: ;j, S. ~__~1~" VE. McKelvey - Mayor [L~ tfræ Victoria Volk - City Clerk - . . EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: November 6, 1996 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly called and held at the City Hall in said City on Wednesday, the 6th day of November, 1996, at 7:00 o'clock L .M. The following members were present: Dehn, Jacobson, Knight, Kunza, McKelvey and the following were absent: None Member Kunza introduced the following resolution and moved its adoption: R239-96 RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986 AND GENERAL OBLIGATION REFUNDING BONDS, SERIES 1986C A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), issued on behalf of the City, $1,795,000 General Obligation Improvement Bonds, Series 1986, dated July 1, 1986 (the "1986A Bonds"), of which 1986A Bonds $695,000 still remain outstanding; and B. WHEREAS, all of the said 1986A Bonds maturing in the years 1997 to 2001, both inclusive, are subject to redemption and prepayment at the option of the City in inverse order, on August 1, 1996, and on any interest payment date thereafter at par and accrued interest, all as provided in the resolution of the City Council dated June 3, 1986 authorizing the issuance of said 1986A Bonds (the "1986A Resolution") ; and C. WHEREAS, the City Council deems it desirable and in the best interests of the City to call all of the 1986A Bonds maturing in the years 1998 to 2001, both inclusive, on February 1, 1997, the next interest payment date, in accordance with said 1986A Resolution; and 335659. , D. WHEREAS, the City Council also issued on behalf of the City, $2,485,000 General Obligation Refunding Bonds" Series 1986C, dated August 1, 1986 (the "1986C Bonds"), of which 1986C Bonds $1,225,000 still remain outstanding; and E. WHEREAS, all of the said 1986C Bonds maturing in the years 1998 to 2002, both inclusive, are subject to redemption and prepayment at the option of the City in inverse order, on August 1, 1997, and on any interest payment date thereafter at par and accrued interest, all as provided in the resolution of the City Council dated August 19, 1986 authorizing the issuance of said 1986C Bonds (the "1986C Resolution"); and F. WHEREAS, the City Council ,deems it desirable and in the best interests of the City to call all of the 1986C Bonds maturing in the years 1998 to 2002, both inclusive, on February 1, 1997 in accordance with said 1986C Resolution; and G. WHEREAS, the 1986A Bonds and the 1986C Bonds are hereinafter referred to collectively as, the "Bonds"; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. 1986A Bonds to be Redeemed. All of the 1986A Bonds maturing in the years 1998 to 2001, both inclusive, shall be redeemed and prepaid on February 1, 1997 at par and accrued interest for each such 1986A Bond called. 2. 1986C Bonds to be Redeemed. All of the 1986C Bonds maturing in the years 1998 to 2002, both inclusive, shall be redeemed and prepaid on February 1, 1997 at par and accrued interest for each such 1986C Bond called. 3. Mailed Notice of Call. The City Clerk is hereby authorized and directed to give notice of call by first class mail (postage prepaid) not more than sixty (60) and not less than thirty (30) days prior to February 1, 1997, the date for call, to the bank where said Bonds are payable and to all registered holders of the Bonds. Said notices shall be in substantially the following forms: 335659.1 2 NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986 CITY OF ANDOVER ANOKA COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on February 1, 1997 those outstanding bonds of the City designated as General Obligation Improvement Bonds, Series 1986, dated July 1, 1986, having stated maturity dates in the years 1998 to 2001, both inclusive, and totaling $545,000 in principal amount. The bonds are being called at a price of par plus accrued interest to February 1, 1997, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at First Trust National Association (formerly, First Trust Company, Inc.) 180 East Fifth Street, 3rd Floor - Bond Drop Window, or if by mail, to P. O. Box 64111, in Saint Paul, Minnesota 55164-0111, on or before February 1, 1997. Dated: November 6, 1996. BY ORDER OF THE CITY COUNCIL /s/ vicki volk City Clerk Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31% will be withheld if tax identification is not properly certified. Additional information may be obtained from: JURAN & MOODY, INC. 400 North Robert Street Suite 800 St. Paul, Minnesota 55101-2091 Telephone No.: (612) 224-1500 Telecopier No.: (612) 224-5124 Attn: Lori A. Giampaolo Public Finance Department 335659.1 3 NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION REFUNDING BONDS, SERIES 1986C CITY OF ANDOVER ANOKA COUNTY MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on February 1, 1997 those outstanding bonds of the City designated as General Obligation Refunding Bonds, Series 1986C, dated August 1, 1986, having stated maturity dates in the years 1998 to 2002, both inclusive, and totaling $1,015,000 in principal amount. The bonds are being called at a price of par plus accrued interest to February 1, 1997, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at First Trust National Association (formerly, First Trust Company, Inc. ) 180 East Fifth Street, 3rd Floor - Bond Drop Window, or if by mail, to P. O. Box 64111, in Saint Paul, Minnesota 55164-0111, on or before February 1, 1997. Dated: November 6, 1996. BY ORDER OF THE CITY COUNCIL /s/ vicki Volk City Clerk Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31% will be withheld if tax identification is not properly certified. Additional information may be obtained from: JURAN & MOODY, INC. 400 North Robert Street Suite 800 St. Paul, Minnesota 55101-2091 Telephone No.: (612) 224-1500 Telecopier No. : (612) 224-5124 Attn: Lori A. Giampaolo Public Finance Department 335659. 1 4 4. De~osit of Sufficient Funds. The City Finance Director is hereby authorized and directed to deposit with the bank where said Bonds are payable prior to said call date sufficient funds to pay all principal and interest due on said Bonds as of the call date. The motion for the adoption of the foregoing resolution was duly seconded by member T:::tf"r'\hC!f"\n and upon a vote being taken thereon, the following voted in favor thereof: Dehn, Jacobson, Knight, Kunza, McKelvey and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 335659. 1 5 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of the City Council of the City of Andover held on the date therein indicated, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to calling for redemption of outstanding General Obligation Improvement Bonds, Series 1986 and General Obligation Refunding Bonds, Series 198GC. WITNESS my hand as such City Clerk this 6th day of November, 1996. ~(/$ City Clerk 335659. , 6 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO, R240-96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF SBA, INC, ON BEHALF OF SPRINT SPECTRUM L. P. FOR THE CONSTRUCTION OF A PERSONAL COMMUNICATIONS SERVICES (PCS) TOWER/ANTENNA (TOWER/ANTENNA NOT TO EXCEED 150 FEET IN HEIGHT FROM GROUND LEVEL) LOCATED ON THE PROPERTY AT 30 I 7 16 I ST AVENUE NW. LEGALLY DESCRIBED AS THAT PART OF THE EAST 461 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 32, RANGE 24. ANOKA COUNTY, MINNESOTA LYING SOUTH OF THE NORTH 2,106,01 FEET; EXCLUDING ROAD; SUBJECT TO EASEMENT OF RECORD, WHEREAS, SBA, !nc, on behalf of Sprint Spectrum L. p, has requested a Special Use Pennitto construct a Personal Communications Service (PCS) tower/antenna (tower/antenna height not to exceed one hundred and fifty feet in height from ground level) on the property located at 3017 161st Avenue NW,legaily described above; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No, 8, Section 5,03 and Ordinance No, 113; and WHEREAS, the Planning and Zoning Commission fmds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Pennit requested, 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 to allow SBA, !nc, on behalf of Sprint Spectrum L. P. to construct a PCS tower/antenna that does not exceed one hundred fifty (150) feet in height on said property with the following conditions: I, The Special Use Pennit will be subject to annual review and site inspection by City staff. 2, The Special Use Pennit will be subject to a sunset clause as defmed in Ordinance No.8. Section 5,03(D), Adopted by the City Council of the City of Andover on this Q1h day of November. 1996, CITY OF ANDOVER ATTEST: , {Þhd,y u~ Ita ,E, McKelvey, Mayor Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO, R24l-96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF SBA, INC. ON BEHALF OF SPRINT SPECTRUM L. p, FOR THE PLACEMENT A BARBED WIRE SECURITY ARM ON A FENCE (FENCE AND BARBED WIRE NOT TO EXCEED EIGHT FEET IN HEIGHT) LOCATED ON THE PROPERTY AT 3017 161ST AVENUENW. LEGALLY DESCRIBED AS THAT PART OF THE EAST 461 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA LYING SOUTH OF THE NORTH 2,106,01 FEET; EXCLUDING ROAD; SUBJECT TO EASEMENT OF RECORD, WHEREAS. SBA, Inc. on behalf of Sprint Spectrum L. p, has requested a Special Use Penn it to place barbed wire on a fence (fence and barbed wire not to exceed eight feet in height) on the property located at 30 I 7 16 I st A venue NW, legally described above; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No, 8. Sections 5.03 and 4.21; and WHEREAS. the Planning and Zoning Commission finds the proposed use will not be detrimental to the health. safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends so the City Council approval ofthe Special Use Penn it requested, 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 to allow SBA. Inc, on behalf of Sprint Spectrum L. p, to place a barbed wire security ann on a fence on said property with the following conditions: I. The Special Use Penn it will be subject to annual review and site inspection by City staff. 2, The Special Use Penn it 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 6th day of November. 1996, CITY OF ANDOVER ATTEST: g,'i~elv~·~a!4 £¿ IfdL Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R242-96 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF SUPER AMERICA, INCORPORATED TO ALLOW FOR THE INSTALLATION OF A 1,000 GALLON PROPANE TANK FOR THE BULK STORAGE OF LIQUID FUELS PURSUANT TO ORDINANCE NO, 8, SECTION 4,26 ON PROPERTY LOCATED AT 13727 HANSON BOULEVARD, WHEREAS, Super America, Incorporated has requested an Amended Special Use Permit to allow for the installation of a 1,000 gallon propane tank for the bulk storage of liquid fuels pursuant to Ordinance No, 8, Section 4,26 on property located at 13727 Hanson Boulevard NW, legally described as follows: That part of the Southwest Quarter of the Northwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota, lying south of the north 600,00 feet as measured at right angles to the north line and lying west of the east line thereof, except the west 150,00 feet thereof, also except roads; Subject to easements of record, WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No, 8, Section 4,26; 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 and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit as requested, 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 Amended Special Use Permit on said property with the following conditions: I) That the applicant shall provide to the City, in writing, proof that the tanks meet all State and Federal requirements and installation regulations, Page Two Amended SUP - Storage of Bulk Liquid Fuels Super America, Inc. November 6,1996 2) That the Andover Fire Marshall inspect the tanks and their installation, 3) That the Amended Special Use Permit be subject to the SlUlset clause as stipulated in Ordinance No, 8, Section 5,03 (d), 4) That the Amended Special Use Permit shall be subject to annual review, 5) That operation of the liquid propane tank be limited to only properly trained individuals, 6) That loose or piled combustibles, materials and weeds not be stored within ten (10') ofthe tank, 7) That a parking space be designated by signage and pavement markings "for propane tank use only" within 90 days of installation, weather permitting. 8) That the applicant work with City staff to situate the tank so as not to conflict with heavily traversed areas of the parking lot. Adopted by the City COlUlciI of the City of Andover on this 6th day of November, 1996, CITY OF ANDOVER , r. þ;£J{, ATTEST: ,E, McKelvey, Mayor L~ ¿J,¿b Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO, R243-96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF REMAX REALTY ON BEHALF OF SCOTT LENNES, INC. TO ERECT A REAL ESTATE SIGN ON LOT 1, BLOCK 3, MEADOWLARK HEIGHTS SUBDIVISION. WHEREAS, ReMax Realty on behalf of Scott Lennes, Inc, has requested a Special Use Pennit to erect a real estate sign on the property described as Lot 1, Block 3, Meadowlark Heights; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No, 8, Sections 5,03 and 8.07; and WHEREAS, the Planning and Zoning Commission fmds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Pennit requested. 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 to allow ReMax Realty on behalf of Scott Lennes, Inc. to erect a real estate sign on said property with the following conditions: 1. The area for development is larger than five (5) acres, 2, The sign shall be located at least one hundred tlúrty (130) feet from any residential structure, 3, The sign area shall not exceed two hundred (200) square feet in area, 4, An agreement is made to remove the sign witlún two (2) years unless an extension of time is granted by the governing body, after approval of a Special Use Permit has been granted, Page Two Resolution - Special Use Permit - Real Estate Sign Meadowlark Heights Subdivision ReMax Realty November 6,1996 5. The sign shall be located ten (10) feet from any property line. 6, The Special Use Permit will be subject to annual review by staff. 7. The owner shall be responsible for the maintenance of the sign. Adopted by the City Council of the City of Andover on this ßh day of November, 1996. CITY OF ANDOVER ATTEST: . /' Æ/~ , E, McKelvey, Mayor ~¡/4 Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R244-96 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF NORTH LEXINGTON LANDSCAPING TO ALLOW FOR THE CONTINUATION OF SOIL MINING PURSUANT TO ORDINANCE NO, 8, SECTION 4.24 ON PROPERTY LOCATED AT 166xx HANSON BOULEVARD NW, WHEREAS, North Lexington Landscaping has requested an Amended Special Use Pennit to allow for the continuation of soil mining pursuant to Ordinance No, 8, Section 4.24 on property located at 1 66xx Hanson Boulevard NW, legally described as follows: The Southwest 1/4 of the Southwest 1/4 of Section 11, Township 32, Range 24 except the South 660 feet of the West 687 feet thereof; also except roads subject to easements of record, WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No, 8, Section 4.24; 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 and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Pennit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation ofthe Planning and Zoning Commission and approves the Amended Special Use Pennit on said property with the following conditions: 1) That safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders and snowmobilers, etc, 2) That the applicant provide the City with a security bond to hold hannless for restoration of the site as detennined by the City Engineer. Page Two Amended SUP - Mining of Soil North Suburban Landscaping November 6, 1996 3) That signs be placed on both sides ofthe driveway at Hanson Boulevard to signal the presence oftrucks hauling, 4) That the applicant only alter the topography to perfonn necessary mining operations. 5) That the roadway be watered to control dust. 6) That the hauling of material be limited to Monday through Friday, 8:00 A,M, to 8:00 P,M, and Saturdays, 8:00 A,M. until 4:00 P,M, (7) That the applicant restore the banks ofthe mined area after excavation with approved topsoil, seed, and lor vegetation or brush to control erosion, (8) That the applicant obtain all necessary pennits, including, but not limited to, the following organizations: Department of Natural Resources, U,S, Army Corps of Engineers, and Coon Creek Watershed District. (9) That the pennit be subject to an annual review and renewal by the City and be limited to five years from the adoption of this resolution, Adopted by the City Council of the City of Andover on this 6th day of November, 1996. CITY OF ANDOVER ATTEST: ß f~ ~¿L~ V'j,E, McKelvey, Mayor b~, 14 Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R245-96 A RESOLUTION GRANTING THE VARIANCE REQUEST OF MARY ANDERSON TO DEVIATE 65 FEET FROM THE MINIMUM ON-SITE SEWAGE TREATMENT SYSTEM SETBACK OF 100 FEET FROM THE ORDINARY HIGH WATER MARK PURSUANT TO ORDINANCE NO, 52, SECTION 5,02,01(6), WHEREAS, Mary Anderson has requested a variance to deviate 65 feet from the minimum on-site sewage treatment setback of 100 feet from the Ordinary High Water Mark pursuant to Ordinance No. 52, Section 5,02,01 (6), located at 5167 159th Avenue NW, legally described as the following: That part of Government Lot 6, Section 13, Township 32, Range 25 described as follows: Commencing at the 1 \ 16 comer in the center of the SE 1 \4 of said Section 13; thence West 1 rod; thence North on a line 1 rod West of and parallel with the East line of said Government Lot 6 distant 1067,88 feet to a point 1486.32 feet South of the North line of Government Lot 7 of said Section 13; thence deflecting to the left 88 degrees 35 minutes and parallel with the North line of said Government Lot 7 distant 701,5 feet; thence deflecting to the left 82 degrees 58 minutes distant 230.41 feet; thence deflecting to the left 12 degrees 28 minutes distant 365,5 feet; thence deflecting to the left 31 degrees 33 minutes distant 176,0 feet to the actual point of beginning; thence deflecting to the right 79 degrees 36 minutes a distance of 140,0 feet more or less to the shore of the Rum River, said line to be described as Line A; thence returning Easterly along said Line A to the point of beginning; thence deflecting to the right 100 degrees 24 minutes a distance of 79,2 feet; thence deflecting to the left 33 degrees 35 minutes 20.8 feet; thence deflecting to the right 93 degrees 57 minutes 130.2 feet more or less to the shore of the Rum River; thence Northwesterly along the shore of the Rum River a distance of 140,0 feet more or less to the intersection with Line A; thence Northeasterly along said Line A to the point of beginning, AND That part of Government Lot 6, Section 13, Township 32, Range 25, Anoka County, Minnesota, described as follows: Commencing at the 1\16 comer in the center of the SE 1\4 of said Section 13; thence West 1 rod; thence North on a line 1 rod West of and parallel with the East Page Two Variance - Mary Anderson 5167- 159th Avenue NW November 6, 1996 line of said Government Lot 6 distant 1067,88 feet to a point 1486.32 feet South of the North line of Government Lot 7 of said Section 13; thence deflecting to the left 88 degrees 35 minutes and parallel with the North line of said Government Lot 7 distant 701.5 feet; thence deflecting the left 82 degrees 58 minutes distant 230.41 feet; thence deflecting to the right 18 degrees 58 minutes distant 131.15 feet; thence deflecting 31 degrees 33 minutes distant 76,0 feet to the actual point of beginning; thence deflecting to the right 96 degrees 00 minutes a distance of 139.6 feet more or less to the shore of the Rum River, said line to be described as Line A; thence returning Easterly along said Line A to the point of beginning; thence deflecting to the right 84 degrees 00 minutes a distance of 100,00 feet; thence deflecting to the right 79 degrees 36 minutes a distance of 140,0 feet more or less to the shore ofthe Rum River; thence Northwesterly along the shore ofthe Rum River a distance of 140,0 feet more or less to the intersection with Line A; thence Northeasterly along said Line A to the point of beginning. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria for granting a variance stipulated in Ordinance No, 52, Section 10,03,01, and Ordinance No, 8, Section 5.04, 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, the Planning and Zoning Commission finds the request is consistent with Minnesota Statutes, Sections 104,31-104.40 and the Management Plan for the Rum River (NR 2700), WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Conncil approval of the variance, NOW, THEREFORE, BE IT RESOLVED, that the City Conncil of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the variance on said property with the following conditions: 1, That the variance is contingent upon the approval of the Minnesota Department of Natural Resources, Page Three Variance - Mary Anderson 5l67-l59thAvenueNW November 6, 1996 2, That the applicant obtain a building permit for construction of the on-site septic system, Adopted by the City Council of the City of Andover on this 6th day of November, 1996. CITY OF ANDOVER .[he-J(Jv~ ATTEST: .E, McKelvey, May d~/ d-t'b Victoria Volk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES, NO, R246-96 A RESOLUTION GRANTING THE VARIANCE REQUEST OF GARY AND LINDA NELSON TO DEVIATE 2,8 FEET FROM THE MINIMUM FRONT YARD SETBACK OF 40 FEET PURSUANT TO ORDINANCE NO, 8, SECTION 6,02, WHEREAS, Gary and Linda Nelson have requested a variance to deviate 2,8 feet from the minimum front yard setback of 40 feet pursuant to Ordinance No, 8, Section 6,02, located at 16087 North Enchanted Drive NW, Property Identification Number 17-32-24-32-0034, legally described as follows: Unplatted Grow Township, that part of the Northwest 1/4 of the Southwest 1/4 of Section 17, Township 32, Range 24 in Anoka County, Minnesota, described as follows, Beginning at a point on the North line of said Northwest 1/4 of Southwest 1/4 said point being a distance of234.41 feet East of the Northwest comer of said Northwest 1/4 of Southwest 1/4, thence easterly on said North line a distance of 620,51 feetto a point which is 1062/3 roads West of the East line of the Southwest 1/4 of said Section 17, thence southerly on a line 106 2/3 rods West of and parallel with the East line ofthe Southwest 1/4 of said Section 17 to a point which is 215 feet South ofthe North line of said Northwest 1/4 of Southwest 1/4 as measured parallel with its West line, thence westerly and parallel with the North line of said Northwest 1/4 of Southwest 1/4 to a point which is 497,78 feet East of the West line of said Northwest 1/4 of Southwest 1/4 as measured parallel with North line thereof, thence North an parallel with the West line of said Northwest 1/4 of Southwest 1/4 a distance of 90 feet, thence North 89 degrees, 07 minutes, 32 seconds West on a line parallel to the North line of said Northwest 1/4 of Southwest 1/4 a distance of213,22 feet, thence South 82 degrees, 22 minutes, 28 seconds West a distance of33 feet, thence northerly at right angles a distance of 129,04 feet to the point of beginning (subject to an easement for road purposes over the westerly 33 feet thereof), WHEREAS, the City Council has reviewed the request and has determined that said request meets the criteria for granting a variance stipulated in Ordinance No, 8, Sections 5,04 and 6,02, WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and Page Two Variance - Gary and Linda Nelson 16087 North Enchanted Dr. NW November 6, 1996 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variance on said property with the following condition: I, That the applicant obtain a building pennit for construction of the on-site septic system, Adopted by the City Council of the City of Andover on this 6th day of November, 1996. CITY OF ANDOVER ATTEST: Æ£~t~7 £;1;:,'-0. ÚL Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 247-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO, 96-25, IN THE_ AREA OF 14139 CROSSTOWN BOULEVARD NW. WHEREAS, the City Council has received a petition, dated October 21. 1996 ,requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous, 2, Escrow amount for feasibility report is -0- 3, The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report, MOTION seconded by Council member Jacobson and adopted by the City Council at a regular meeting this 6th day of November , 19 96, with Councilmembers Kunza, Jacobson, Knight. Dehn, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Æ' r M~ KJA~ .E. McKelvey - Mayor h~ ¿(Æ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 248-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO, 96-25 FOR SANITARY SEWER AND WATERMAIN IN THE FOllOWING AREA 14139 CROSSTOWN BOULEVARD NW WHEREAS, the City Council did on the ~ day of November, 19 96 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 6th day of November ,19~; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 8,133,95 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 8,133,95 , waive the Public Hearing and order improvements, BE IT FURTHER RESOLVED the property would be assessed over a JL.- year period, MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 6th day of November, 19~, with Councilmembers Kunza, Jacobson, Dehn, McKelvey, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 8.- 5,~e~;- ~b L '/. iÚL ~,0-~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 249-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF TRUNK SANITARY SEWER & WATERMAIN , PROJECT NO, _ 96-26, IN THE S 1/2 OF SW 1/4 OF SECTION 22 (WOODLAND ESTATES) AREA WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically trunk sanitary sewer and watermain in the following described area: S 1/2 OF SW 1/4 OF Section 22 (Woodland Estates); and WHEREAS, the City Council proposes to asses the benefiting property for all or a portion of the costs of the improvement, 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 TKDA and they are instructed to provide the City Council with a feasibility report, MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 6th day of November, 19j1li, with Councilmembers Kunza, Jacobson, Dehn, McKelvey Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: f.-. ,E. McKelvey - Mayor ,l;i-~ cf4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 250-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF WELL #3/MAINTENANCE PROJECT NO. 96-28 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 96-28 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Public Works/City Engineer as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements, MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this ~ day of November , 19 96 , with Councilmembers Kunza Jacobson, Dehn McKelvey Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ·r )nv' k~ ¿~¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 251-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 96-28 , FOR WELL #3/MAINTENANCE WHEREAS, pursuant to Resolution No. 250-96 , adopted by the City Council on the 6th day of November, 19~, Public Works/City Engineer have prepared final plans and specifications for Project 96-28 for Well #3 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of November ,19~, 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 , November 26 , 19 96 at the Andover City Hall, MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this ~ day of November , 19 96 , with Councilmembers Kunza, Jacobson, Dehn, McKelvey, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: . { }rJe, (' ¿~~ tI"æ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 252-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...£ TO PROJECT NO. 94-33, COMMERCIAL BOULEVARD EXTENSION, WHEREAS, the City of Andover has a contract for Project No, 94-33 with Forest Lake Contracting of Forest Lake, MN, NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No, 94-33, MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 6th day of November, 19~, with Councilmembers Kunza, Jacobson, Dehn, McKelvey, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: {J. ~, mú~~ ð E. McKelvey - Mayor L~ ¿!¿¿/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO, R253-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION HELD ON THE 5TH DAY OF NOVEMBER 1996 IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. The Municipal Election was held in and for the City of Andover on the 5th day of November 1996, and was in all respects duly and legally canvassed; and the votes received for each candidate are shown on the attached. The following are hereby declared and certified as those elected: Mayor - Jack McKelvey (2 year term) CounciImembers - Mike Knight; Ken Orttel (4 year terms) It is hereby found and determined that at the Municipal Election upon the following questions: "Shall Special Licenses Be Granted For The Sale Of Intoxicating Liquor On Sunday In The City Of Andover?" the question is hereby declared approved, BE IT FURTHER RESOLVED that no irregularities were noted. The summary of the voter results are hereby attached and made part of this resolution. MOTION seconded by Councilmember Kunza and adopted by the City Council at a Regular meeting this 6th day of November , 1996, with Councilmembers Knight, Kunza, McKelvey, Dehn, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER Attest: tÆ' t.øúJ(øb ~ tI..-I!b J. E, McKelvey - Mayor Victoria Volk - City Clerk ;;: ;;: m 0 en ¡ 0 i æ=~ '" ¡¡;- II> ~ '" " ( ) 0 '" ;;: ~ II> ¡¡;- ::J ¡¡¡ 0 0 0 '" ;I] II> 0 ~ en ;I] tD 0 '" 0 §' <- 0 '< ::J - C 0 ;;: ( ) ~ I: < '" '" 0 en :J Co ^ < ::J ë: æ. " 0 e!- O Co ( ) i<' <- GJ & :r: '" ::J -< '" ;:u ::J ( ) S! ¡¡¡ r or <Þ ;;: <- ~ Z '< 0 ::> '" 0 '" 0 ( ) ;I] 0 ^ II> CT en en -< " " '" '" r c ~ :J ::J ~ '" N 0 ~ 0 ::J .5' '" cC' 0 ::J '< ::J ." CT Co c '" ;;¡: < '" c. '!2. '" ¡r ~ '" c: 0 Å’, Õ· z:. c: 5' eD ~ 0 ~ ;:r '" '" CT '< ::J '" if z:. '< $' .. ." ¡¡¡ ." 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'" '" '" '" 0 0 i i I ...'" -"!(.oJ ~ '" '" I~ ... '" I I '" ... oleo ... '" '" t (]) ~ ... (]) ~o (]) '" '" '" '" (]) ... '" 0'" '" ... '" '" ... '" (]) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 254-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO, 96-23, KOTTKES' BUS SERVICE. INC, (13625 JAY STREET NW), WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 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, 19 97 and shall bear interest at a rate of_ 7 percent per annum from the date of the adoption of this assessment resolution. 2, 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 Jacobson and adopted by the City Council at a regular meeting this 6th day of November , 19~, with Councilmembers Knight. Jacobson, Dehn, McKelvey, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: d,_~ tÍ/£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 255-96 MOTION by Council member Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN ,PROJECT NO, 96-14, 14210 CROSSTOWN BOULEVARD NW. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1, Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 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, 19..J)L and shall bear interest at a rate of _ 7 percent per annum from the date of the adoption of this assessment resolution, 2. 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 Dehn and adopted by the City Council at a regular meeting this 6th day of November , 19~, with Councilmembers Knight. Dehn, McKelvey, Kunza, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ri t. JrJú KR/~~~ .E. McKelvey - Mayor fL/ ILL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO, R256-96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF AMERICAN PORTABLE TELECOM (APT) FOR THE CONSTRUCTION OF NINE (9) WIRELESS COMMUNICATION ANTENNAS (ANTENNAS NOT TO EXCEED 25 FEET IN HEIGHT ABOVE THE HIGHEST PORTION OF THE EXISTING WATER TOWER) ON TOP OF THE EXISTING WATER TOWER LOCATED ON THE PROPERTY AT 1717 CROSSTOWN BOULEVARD NW, LEGALLY DESCRIBED AS UNPLATTED CITY OF ANDOVER, NE 1/4 OF SE 1/4 SECTION 22-32-24 (SUBJECT TO EASEMENT OF RCP A 12/1/67) (EXCLUDING W 330 FEET) (SUBJECT TO EASEMENT TO NSP 11/12/68) RCP A EASEMENT P ARTIALL Y RELEASED 5/22/72 WHEREAS, APT has requested a Special Use Pennit to construct nine (9) wireless communication antennas on top of the existing water tower (antennas not to exceed 25 feet above the highest portion of the existing water tower) on the property located at 1717 Crosstown Boulevard NW, legally described above; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No.8, Section 5.03 and Ordinance No, 113; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Pennit requested, 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 to allow APT to construct nine (9) wireless communication antennas on top of the existing water tower on said property with the following conditions: 1. The Special Use Pennit will be subject to annual review and site inspection by City staff. 2, The Special Use Pennit will be subject to a sunset clause as defined in Ordinance No, Page Two Resolution 8, Section 5.03(D), 3. The applicant shall enter into a lease agreement with the City of Andover. Lease agreement to be approved by City Council and City Attorney, 4, The Special Use Pennit is non-exclusive. It does not preclude other similar finns from using the same site for similar purposes. Adopted by the City Council of the City of Andover on this ßh day of November, 1996. CITY OF ANDOVER ATTEST: . }7 );P?~ ~ d;-/b .E. McKelvey, Mayor' . . Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 257-96 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF TIMBER OAKS ESTATES BY WOODLAND DEVELOPMENT CORPORATION LOCATED IN SECTION 36, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing and there was some concerns from the public regarding tree preservation, the drainage impacts on adjacent properties, sidewalks and traffic; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat, and WHEREAS, as a result of such hearing, the Planning and Zoning Commission recommends approval of the plat citing the following: 1, Variance from Ordinance 10, Section 9,06 F to allow double frontage lots along Prairie Road, Block 1, Lots 12-18, Block 2, Lots 1-5, 2, Variance from Ordinance 10, Section 9.03G as the proposed streets do exceed the maximum allowed of 500 feet length for the cul-de-sacs north of 139th Lane NW. 3, Sidewalks will be required where specified by the City Council. 4, The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 5. Park dedication as recommended by the Park and Recreation Commission, 6, Subject to custom grading as we discussed tonight. 7. Contingent on the resolution of the drainage issue to the north, Adopted by the City Council of the City of Andover this 6th day of November ,1996, ATTEST: ~tU¿ Victoria Volk - City Clerk ." CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R258-96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT COMPANY TO ALLOW FOR THE INSTALLATION OF AN AREA IDENTIFICATION SIGN PURSUANT TO ORDINANCE NO.8, SECTION 8,07(D)(2)(h) ON PROPERTY LOCATED AT 13948 PRAIRIE ROAD NW, WHEREAS, Woodland Development Company has requested a Special Use Pennit to allow for the installation of an area identification sign pursuant to Ordinance No, 8, Section 8,07(D)(2)(h) on property located at 13948 Prairie Road NW legally described as the following: That part of Government Lot 1, Section 36, Township 32, Range 24, Anoka County, Minnesota, lying Northerly of the center line of County Road 116 and lying Westerly of the center line of Prairie Road as described in Document No, 623459, and lying South ofthe North 10 acres of that part of said Government Lot 1 lying Westerly of said center line of Prairie Road, Subject to covenants, restrictions and easements of record, if any, and subject to the right of way of Prairie Road and Bunker Lake Road, WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria for granting a Special Use Pennit stipulated in Ordinance No.8; 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 and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Pennit as requested. Page Two SUP - Area ID sign Timber Oaks Estates, November 6,1996 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 Special Use Permit on said property with the following conditions: 1) That the special use permit be subject to a sunset clause as defined in Ordinance No, 8, Section 5,03(d), 2) That the special use permit be subject to an annual review by Staff, 3) That the applicant execute a written agreement for the maintenance of the sign, 4) That the applicant obtain a sign permit prior to erection of the sign, 5) That the placement of the sign not visually interfere with pedestrian traffic using the sidewalk along 139th Avenue NW, Adopted by the City Council of the City of Andover on this 6th day of November, 1996, CITY OF ANDOVER , mU . ¿. ¿;. ATTEST: f. ,E. McKelvey, May L:t-~ ¡£¿ú Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 259-96 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER AND/OR STREET LIGHTING SERVICE CHARGES. 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 fro the delinquent sewer, water and/or street lighting service charges. NEW 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 to lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 1997 and shall bear interest at the rate of8 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 of the assessment on such property with interest accrued to the date of payment, to Anoka Electric Cooperative, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution. Motion by Council member Dehn , seconded by Council member K un z a and_ adopted by the City Council of the City of Andover on this 6th day of November, 1996. CITY OF ANDOVER ATTEST: Ú·~ Vlcton~olk - City Clerk " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R260-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF DELINQUENT MOWING CHARGES. WHEREAS, in accordance with City Ordinance, a listing of delinquent mowing charges has been prepared, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota: 1, A hearing shall be held the 3rd day of December 1996 in the Oty HaIl at 7;00 pm to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement 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 the assessment. 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, 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 of the assessment on such property with no interest. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 19th day of November, 1996 with Councilmembers McKelvey, Knight, Dehn, Kunza, Tacobson (present) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER Attest: ~. t 7nc>Vl~ LL¡~ J, : cKelvey - Mayor ' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 261-96 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF TOWER DRIVE. WHEREAS, the no parking zone is to be located on both sides of Tower Drive. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate a no parking zone as requested by the Andover Review Committee. Adopted by the City Council of the City of Andover this 19th day of November, 1996, ATTEST: t .¿ L,#,o-' wL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 262-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATËRMAIN , PROJECT NO. 96-29 , IN THE 3448 - 142ND AVENUE NW AREA. WHEREAS. the City Council has received a petition. dated November 6 1996 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners req uesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous, 2. Escrow amount for feasibility report is -0- 3, The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 19th day of November, 19 96, with Councilmembers Kunza Dehn, McKelvey, Knight. Jacobson (present) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ,f ÌJÎe-- . ATTEST: " ,E. McKelvey - Mayor Ú~ d¿& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 263-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO, 96-29 FOR WATERMAIN IN THE FOLLOWING AREA 3448 - 142ND AVENUE NW WHEREAS, the City Council did on the 19th day of November, 19 96 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 19th day of November , 19~; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 4,267,35 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 4267.35, waive the Public Hearing and order improvements, BE IT FURTHER RESOLVED the property would be assessed over a..Q year period, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 19th day of November ,19~, with Councilmembers Kunza, Dehn, McKelvey, Knight Jacobson (present) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: { MC/¡¿ ¡ .E. McKelvey - Mayor ,k-t~ i¿b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 264-96 MOTION by Council member Kunza to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN. STREET AND STORM SEWER , PROJECT NO, 96-30, IN THE TIMBER OAKS ESTATES AREA. WHEREAS, the City Council has received a petition. dated November 13 1996, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1, The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous, 2. Escrow amount for feasibility report is $1 ,000.00 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Dehn and adopted by the City Council at a reçJUlar meeting this 19th day of November , 19 96, with Councilmembers Kunza, Dehn, McKelvey, Knight Jacobson (present) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Q, t, )JJ~~4 ClE. McKelvey - Mayor Ú~ d-.f£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 265-96 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO DAFFINSON ASPHALT MAINTENANCE FOR PROJECT NO, 96-3, CRACKSEALlNG, WHEREAS, pursuant to a written contract signed with the City of Andover on May 7 , 19 96 , Daffinson Asphalt Maintenance of Green Bay WI has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 19th day of November , 19~, with Councilmembers Kunza, Dehn, McKelvey, Knight. Jacobson (present) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: I), ~, M0 J!~~ ¿J.E. McKelvey - Mayor L~~ ;;(4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO, R-266-96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF FIRST NATIONAL BANK OF ST, CROIX FALLS, WI ON BEHALF OF SCOTT LENNES, INC, TO ERECT A REAL ESTATE SIGN ON LOT I, BLOCK 3, MEADOWLARK HEIGHTS SUBDIVISION. WHEREAS, First National Bank of St. Croix Falls, WI on behalf of Scott Lennes, Inc, has requested a Special Use Permit to erect a real estate sign on the property described as Lot 1, Block 3, Meadowlark Heights; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No, 8, Sections 5.03 and 8,07; and WHEREAS, the Planning and Zoning Commission fmds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested, 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 to allow First National Bank of St, Croix Falls, WI on behalf of Scott Lennes, Inc. to erect a real estate sign on said property with the following conditions: l. The area for development is larger than five (5) acres. 2. The sign shall be located at least one hundred thirty (130) feet from any residential structure, 3, The sign area shall not exceed two hundred (200) square feet in area, 4, An agreement is made to remove the sign within two (2) years unless an extension oftime is granted by the governing body, after approval of a Special Use Permit has been granted, Page Two Resolution - Special Use Pennit - Real Estate Sign Meadowlark Heights Subdivision First National Bank of St. Croix Falls on Behalf of Scott Lennes, rnc, November 6, r 996 5, The sign shall be located ten (10) feet from any property line, 6, The Special Use Pennit will be subject to annual review by staff, 7. The owner shall be responsible for the maintenance of the sign, Adopted by the City Council of the City of Andover on this m day of November, 1996. CITY OF ANDOVER ATTEST: Ç. Þc- Kdv , E, McKelvey, Mayor b~ rf4 Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES.NO.R~67-96 A RESOLUTION REVISING THE 1996 GENERAL FUND BUDGET: 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, the City of Andover complied with the State of Minnesota truth in taxation requirements including soliciting public input through a public hearing; and WHEREAS, the City Council of the City of Andover passed Resolution Number R-262 establishing the 1996 Levy; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby revises the 1996 General Fund Budget as submitted, with revisions of revenues and expenditures each totaling $116,000. Adopted by the City Council of the City of Andover on this 19th day of November, 1996. CITY OF ANDOVER ATTEST: i.L;."../ 14-, Victoria Volk, City Clerk CITY OF ANDOVER 11/15/969:30 AMREVISION,XLS ~ROPOSED BUDGET REVISIONS FOR BUDGET YEAR 1996 DESCRIPTION ACCOUNT CODe INCREASE DECREASE EXPLANATION REVENUES: Forfeited Tax Sales 101,31920 $ 3,000.00 Higher revenue than anticipated Plumbing permits 101.32212 5,000.00 Higher revenue than anticipated Building permits 101.32210 20,000,00 Higher revenue than anticipated Heating permits 101,32211 5.000.00 Higher revenue than anticipated Plan check fees 101,34104 20,000.00 Higher revenue than anticipated Plat fees 101.34103 7.000,00 Higher revenue than anticipated Sale of street signs 101,34123 11,000.00 Additional sales City Engineer fees 101.34125 17.000,00 Charge backs Assitant Engineer fees 101,34127 8.000.00 Charge backs Engineering Sec. fees 101.34128 11,000,00 Charge backs Court fines 101.35101 9.000.00 Higher fines TOTAL REVENUE $ 116,000.00 EXPENDITURES Mayor and Council - Professional Services 101.41110.301 5,800,00 Taking of minutes Newsletter Printing 101.41140.352 1,700,00 Lower costs for newsletter printing , Administration - Operating Supplies 101.41430.210 250,00 Additional supplies - Repair/Maint Supplies 101.41430,220 500.00 Lower repairs - Telephone 101.41430,321 450.00 Not projected in original budget Financial Admin, - Professional Services 101.41530,301 1.500,00 Additional work performed in house - Office Equipment 101.41530.570 3.500.00 Office furniture Auditing 101.41540,301 2.000,00 Additional work performed in house Attorney 101.41614.304 6,000,00 More legal fees than anticipated Planning and Zoning - Commision Wages 101.41910,103 2.300.00 Not projected in original budget - Publishing 101.41910.351 600.00 More public hearings City Hall Building - Repair/Main!. Bldg 101.41940.402 900,00 Additional repairs to City Hall Fire Station Building - Repair/Maint Bldg 101.41950.402 3,500,00 Repair to garage door Public Works Building - Water/Sewer Service 101.41960,382 800,00 Connected in 1996 - Refuse Collection 101.41960,384 900,00 Higher due to Sunshine Park Engineering General Office Supplies 101.42000,201 2,200.00 Additional supplies needed Operating Supplies 101.42000,210 1.000,00 Additional supplies needed I - Dues/Registrations 101.42000.433 600,00 Additional supplies needed Page 1 012 CITY OF ANDOVER 11/15/969:30 AMREVISION.XLS ,",ROPOSED BUDGET REVISIONS FOR BUDGET YEAR 1996 DESCRIPTION ACCOUNT CODE INCREASE DECREASE EXPLANATION EXPENDITURES (cont'd) Fire - PERA Contributions 101.42200.121 2,700,00 Not projected in original budget - Health Insurance 101.42200,131 2,250,00 Insurance costs higher than estimate - Operating Supplies 101.42200,21 ° 6,000,00 Additional supplies needed - Subscriptions 101.42200.435 700,00 Additional supplies needed Streets and Highways - Insurance 101.43100.360 1.600,00 Insurance costs higher than estimate - Equipment 101.43100,580 47,750,00 Sidewalk plow/Grass cutter Parks - Commission wages 101.45200,106 2,250.00 Not projected in original budget - Assessment principal 101.45200.603 11,000,00 Assessment cost lower than estimate I - Assessment interest 101.45200,613 6,000,00 Assessment cost lower than estimate! - Equipment 101.45200,580 47.750.00 Sidewalk plow/Grass cutter ! Contingency 101.49200.499 1,100,00 Utilization of contingency ! ; I , ! TOTAL EXPENDITURES $ 139,800.00 $ 23,800.00 ! ï '-1 I , ,,,ummary of Revisions ! - Net Revenue Increases $ 116,000.00 1 - Net Expenditure Increases 116,000.00 ï I Net effect of revisions $ . I I Page 2 of 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 268-96 RESOLUTION APPROVING AMENDMENT TO THE ASSESSMENT MANUAL POLICY AND PROCEDURE GUIDE. WHEREAS, the City Council approved the Assessment Policy and Procedure Guide for special assessments on March 19, 1991; and WHEREAS, the City Council believes that deferred assessments to active agricultural properties should be applied as identified in the modifications to the Assessment Policy Guidelines adopted by the City Council this 19th day of November , 19 96 , NOW, THEREFORE BE IT RESOLVED that the Andover City Council hereby approve the amendment to the assessment manual entitles, "Assessment Manual Policy and Procedure Guide." BE IT FURTHER RESOLVED that the amendment shall be dated with the date of this resolution and this resolution shall be made part of the manual. Adopted by the City Council of the City of Andover this 19th day of November , 19 96 . CITY OF ANDOVER ATTEST: Q, f Þkj(~7 Ú'E. McKelvey - Mayor !L~ 14 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 269-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF INDIAN MEADOWS 4TH ADDITION AS BEING DEVELOPED BY NORTH SUBURBAN DEVELOPMENT IN SECTIONS 19 AND 20, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Council approved the preliminary plat of Indian Meadows 4th Addition ; and WHEREAS, the Developer has presented the final plat of Indian Meadows 4th Addition, WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Indian Meadows 4th Addition contingent upon receipt of the following: 1, The City Attorney presenting a favorable opinion, 2, Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3, The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4, Street light costs to be paid to Anoka Electric Cooperative, Costs to be determined by Anoka Electric Cooperative, 5, Receipt of all necessary drainage and utility easements outside the plat if necessary, 6. Developer is responsible to obtain all permits from U,S, Army Corps of Engineers, DNR, LGU, Lower Rum River WMO, MPCA and any other agency that may be interested in the site, 7, The park dedication requirements have been previously met. Adopted by the City Council of the City of Andover this 3rd day of December, 19~. CITY OF ANDOVER ATTEST: ¡f { Me-'</ ~7 ;Ø,E. McKelvey - Mayor L-~ ¿(J;L-- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 270-96 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #i TO PROJECT NO. 96-4, SEALCOATING. WHEREAS, the City of Andover has a contract for Project No, 96-4 with Allied Blacktop Co, of Maple Grove, MN , NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No, 96-4. MOTION seconded by Council member Dehn and adopted by the City Council at a regular meeting this 3rd day of December , 19~, with Councilmembers Jacobson, Dehn, Knight. Kunza, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: -' {lIk,fd .E. McKelvey - Mayor , ú~/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 271-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ALLIED BLACKTOP CO, FOR PROJECT NO, 96-4, SEALCOATING, WHEREAS, pursuant to a written contract signed with the City of Andover on May 7 , 19 96 , Allied Blacktop Co. of Maple Grove, MN has satisfactorily completed the construction in accordance with such contract, NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ~ day of December , 19~, with Councilmembers Jacobson, Dehn, Knight Kunza, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: j). ~ J/;L Æl~, tiE. McKelvey - Mayor IL~~u á-¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 272-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO SAUTER & SONS INC. FOR PROJECT NO, 96-21, HARTFIEL'S ESTATES LOT CLEANUP, WHEREAS. pursuant to a written contract signed with the City of Andover on September 17 ,1996. Sauter & Sons Inc, of Anoka MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, reimbursing the contractor's receipt in full, MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 3rd day of December , 19~, with Councilmembers Jacobson Dehn, Knight. Kunza, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: çJ r. M !(;~77 ßE. McKelvey - Mayor l¡-~ Ju-éL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 273-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO. 94-6 , IN THE 14531 DRAKE STREET NW AREA. WHEREAS, the City Council has received a petition, dated November 21, 1996 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% ofthe affected property owners req uesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1, The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is -0- 3. The City Clerk will contact Anoka County to have the assessment levied to the property. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 3rd day of December , 19 96, with Councilmembers Jacobson, Dehn Knight. Kunza McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ß t me, ¥l,~, {ð.E. McKelvey - Mayor /IL~ .r ¡)/L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 274-96 A RESOLUTION ACKNOWLEDGING SARAH SULLIVAN AS THE GRAND PRIZE WINNER OF THE ANNUAL ANDOVER FIRE DEPARTMENT FIRE PREVENTION POSTER CONTEST. WHEREAS, the Andover Fire Department hosts an annual fire prevention poster contest at the elementary schools in Andover; and WHEREAS, the poster contest is held each year in conjunction with the National Fire Prevention week in October; and WHEREAS, all of the top three award winners are again judged in order to select a grand prize winner that will represent the City of Andover at a regional and state-wide poster contest, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby acknowledges and congratulates Sarah Sullivan for being the first prize winner at Crooked Lake Elementary School and also the grand prize winner selected to represent the City of Andover at the regional and state-wide poster contests, Adopted by the City Council of the City of Andover this 3rd day of December, 1996, CITY OF ANDOVER , r, ÌÎ1CjK~ , E, McKelvey - Mayo ATTEST: L~,,_/ ¡j~ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 275-96 A RESOLUTION COMMENDING DOUGLAS F. MEISTER FOR HIS UNSELFISH AND HEROIC ACTION TAKEN ON NOVEMBER 14, 1996. WHEREAS, on November 14,1996, Mr, Douglas F. Meister notified authorities ofa very serious automobile accident at the intersection of Andover Boulevard and Prairie Road, that had a number of critically injured people; and WHEREAS, Mr. Meister was one ofthe first on the scene to offer assistance to the injured parties before any emergency personnel were at the site; and WHEREAS, when it became obvious to all responding emergency personnel that a victim was pinned under a van and needed immediate extrication, Mr, Meister offered the use of his skid- steer loader to raise the van so that emergency responders could remove the trapped victim, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover, on behalf of all the citizens, extend our appreciation and commend Mr, Douglas F. Meister for his heroic action taken on Thursday, November 14, 1996, Adopted by the City Council ofthe City of Andover this 3rd day of December, 1996, CITY OF ANDOVER ¿, fK~~~Æ~ ATTEST: L& ¡va Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 276-96 A RESOLUTION GRANTING THE REQUEST OF RADEMACHER COMPANIES, INC. TO VACATE A DRAINAGE AND UTILITY EASEMENT ON PROPERTY LOCATED AT 14041 ROUND LAKE BOULEVARD NW (PIN 32-32-24-12-0077), WHEREAS, Rademacher Companies, Inc. has requested to vacate a drainage and utility easement on property located at 14041 Round Lake Boulevard NW, Lot 1, Block 2, Andover Community Shopping Center, legally described as the following: A 15.00 foot wide easement for utility and drainage purposes over, under, and across Lot 1, Block 1; Andover Community Shopping Center, Anoka County, Minnesota, according to the recorded plat thereof The centerline of said easement is described as follows: Commencing at the southwest corner of said Lot I; thence North 90 degrees 00 minutes 00 seconds East, assumed bearing, along the south line of said Lot I, a distance of90,OO feet to the point of beginning of the centerline to be described; thence North 00 degrees 10 minutes 48 seconds East a distance of 60.00 feet; thence North 29 degrees 40 minutes 30 seconds East a distance of34.53 feet; thence North 00 degrees 10 minutes 48 seconds a distance of206.00 feet; thence North 31 degrees 09 minutes 56 seconds West a distance of 32,71 feet; thence North 00 degrees 10 minutes 48 seconds East a distance of7.00 feet to the north line of said Lot 1 and said centerline there terminating. The sidelines of said easement are to be prolonged or shortened to terminate on the north and south lines of said Lot 1. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of a utility and drainage easement, Vacation of Easement 14041 RÜ\ll1d Lake Blvd NW Bill's Superette, Rademacher Companies, 1nc, Page 2 Adopted by the City Council of the City of Andover on this 3rd day of December, 1996. CITY OF ANDOVER ATTEST: ¡j;-L d¿¿/ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO, R 277-96 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR DELINQUENT MOWING CHARGES FOR CERTIFICATION, WHEREAS, pursuant to a proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for delinquent mowing charges, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2, Such assessment shall be payable in one annual installment and shall bear interest at the rate of 8 percent. 3, The owners of any property so assessed may, at any time prior to certification, pay 'the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution. Adopted by the City Council of the City of Andover this 3rd day of December, 1996. CITY OF ANDOVER Attest: ,{ }1¡¿!i. ÙA~ ([g/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R278-96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT COMPANY TO ERECT A REAL ESTATE SIGN AT 170XX ROANOKE STREET NW, TIMBER RIVER ESTATES SUBDIVISION. WHEREAS, Woodland Development Company has requested a Special Use Pennit to erect a real estate sign on the property described as unplatted City of Andover SE 1/4 of NE 1/4 of Section 12-32-25 (Excluding part platted as Anoka County Highway Right-of- Way plat No.4); and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No.8, Sections 5,03 and 8.07; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Pennit requested, 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 to Woodland Development Company to erect a real estate sign on said property with the following conditions: I. The area for development is larger than five (5) acres. 2. The sign shall be located at least one hundred thirty (130) feet from any residential structure, 3. The sign area shall not exceed two hundred (200) square feet in area, 4, An agreement is made to remove the sign within two (2) years unless an Page Two Resolution - Special Use Permit - Real Estate Sign 170XX Roanoke Street NW, Timber River Estates Woodland Development Company November 12, 1996 . extension of time is granted by the governing body, after approval of a Special Use Permit has been granted. 5. The sign shall be located ten (10) feet uom any property line, 6. The Special Use Permit will be subject to annual review by staff. 7. The owner shall be responsible for the maintenance of the sign. Adopted by the City Council of the City of Andover on this lrd day of December, 1996. CITY OF ANDOVER ATTEST: Ý. r. J7lc.-ML¥ >1, E, McKelvey, Mayor ¡~ 1/4 Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R-L]9-96 RESOLUTION ADOPTING THE 1997 GENERAL FUND BUDGET WHEREAS, the preparation and adoption of operating budgets is recognized a 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 Andover City Council has the responsibility to appropriately and efficiently manage the funds of the City; WHEREAS, the City of Andover complies with the State of Minnesota Truth in Taxation requirements including soliciting public input through a public hearing; and WHEREAS, the City Council of the City of Andover passed Resolution Number 280-96 establishing the 1997 Levy; NOW, THEREFORE, BE IT RESOLVED that the Andover City Council hereby establishes the 1997 General Fund Budget as submitted, with revenues and expenditures each totaling $4,571,536. Adopted by the Andover City Council on this 17th day of December, 1996, CITY OF ANDOVER ATTEST: L'£:';µ Ú¿ Victoria Volk, City Clerk CITY OF ANDOVER Budget Summary - General Operating Budget Budget Budget 1996 1997 REVENUES Property Taxes 2,200,924.00 2,412,301 License and Permits 343,820.00 344,430 Intergovernmental Revenues 759,484.00 810,805 Charges for Current Services 310,100.00 470,900 Fines and Forfeits 37,000.00 39,100 Miscellaneous Revenue 161,800.00 166,900 Transfers 71.000.00 327.100 ~f@~[HIr{A11IL~. : J_lt_ì1~î~f.n1 ibm[fl~îlli[H®iliQ.l[rfWlmtit~_;: :UfHìn1Miili~t[JJìf[ili*lfnJillJiH¡f EXPENDITURRS General Government 1,058,687.00 1,287,380 Public Safety 1,236,076.00 1,439,916 Public Works 1,450,418.00 1,741,792 Other 138.947.00 102.448 ¡ØJ~1î.¡mig~t¡Øi_¡¡¡¡¡¡¡¡¡¡¡¡g¡;¡¡tg~¡¡¡¡¡:~~mi~it~~.¡¡¡¡W;I¡'¡¡¡¡¡¡:¡¡¡¡I!¡¡¡fiî'g~~~tID¡ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R- 280....96 A RESOLUTION ESTABLISHING THE 1997 LEVY TO BE CERTIFIED TO THE COUNTY DEPARTMENT OF PROPERTY TAX ADMINISTRATION BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The total non-bonded indebtedness levy is hereby set at $2,256,917, Of this levy, $2,240,288 is of general purposes and is levied against all taxable property within the City of Andover. The remaining $16,629 is levied against the properties located within the Lower Rum River Watershed Management Organization Taxing District for the City of Andover's share of costs for this organization. The total bonded indebtedness levy is hereby set at $515,044 to fund the following indebtedness: 1992 Certificate of Indebtedness $ 37,704 1994 Certificate of Indebtedness 33,262 1995 Certificate of Indebtedness 119,107 1991 Fire Station Bonds 324.971 Total 515.044 THE CITY COUNCIL OF THE CITY OF ANDOVER FURTHER RESOLVES that the scheduled levy of$21,541 for the FHAlG,O, Improvement Bonds of 1977 is hereby canceled for 1997 per R68-81. Adopted by the City Council of the City of Andover on this 17th day of December, 1996, CITY OF ANDOVER ATTEST: 1 ' £ ' mv J{~ l' . , E, McKelvey, Mayor tL~ ¡Jrð- Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R-~lc..96 RESOLUTION ADOPTING THE 1997 DEBT SERVICE BUDGET WHEREAS, the preparation and adoption of operating budgets is recognized a 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 Andover City Council has the responsibility to appropriately and efficiently manage the funds of the City; WHEREAS, the City of Andover complies with the State of Minnesota Truth in Taxation requirements including soliciting public input through a public hearing; and NOW, THEREFORE, BE IT RESOLVED that the Andover City Council hereby establishes the 1997 Debt Service Budget as submitted, Adopted by the Andover City Council on this 17th day of December, 1996, l £. /1J c.- K Jl'4f ú1 'ÇI , E, McKelvey, Mayo. ATTEST: d ,'-;t;_'l-~-' ¿{¿¿, Victoria V olk, City Clerk W r-- 0') , .,. . , ~ ONO ~ ~ W (J C»r-- r-- 0.,.0 (J .,.0 .,. 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(/J ~)(~, o 0:: «««o:2E w Q a.EÜ:!1!.c; -¡¡Kif)" *~jl:~ W T-NMOI"--O C f0<;j:'¡ O. OOOLO"'-T- C :\j.\:;;: 001 ...-...-T-OVN C -roT-O 'i~h1 IDIDID-ro(Y')ID ~ O-roN04 üZ (Y')(Y')(Y')(Y')(Y')(Y') ~ IDIDID ~~~ ...·j;,,;z CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R-282-96 RESOLUTION ADOPTING THE 1997 SPECIAL REVENUES FUND BUDGETS. WHEREAS, the preparation and adoption of operating budgets is recognized a sound financial practice; and WHEREAS, the Special Revenue Funds were established to justify revenue sources that finance particular functions or projects, NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Andover hereby establishes the following Special Revenue Fund Budgets; Drainage and Mapping Lower Rum River Forestry Capital Equipment Reserve Adopted by the Andover City Council on this 17th day of December, 1996, CITY OF ANDOVER ATTEST: j t;-. ¿fd¿ -'-l/í-'~' Victoria V olk, City Clerk CITY OF ANDOVER 12/6/963:06 PMDRAINMAP,XLS Revenue Budget Worksheet Budget Year 1997 I DRAINAGE & MAPPING FUND i SPECIAL REVENUE ! --.------r---- I ---r-- I I , -..~- I I , , I I I , , , , ¡Revenues i , I i I I I i I Revenue! Actual I Actual Actual Budget Budget i I ~! , 1m 1m ~ ~ I 1997 , I , I , , , 34136 Drainage Revenue 1$ - 1$ - ,$ 2,810,57 ' $ - ,$ 13,350,00 34137, Mapping Revenue i - - 6,866,85 . - i 34,375.00 36210 j Interest i - - i - - I 700,00 ¡ I Subtotal $ - $ - 9.677.42 $ - ,$ 48,425,00 i I I I ! j I , i I I i I I Expenditures i I ! Object I Actual Actual I Actual Budget Budget ~i 1993 : 1994 ~ 1996 1997 I Imorovement Projects ¡ i I I 201 'General Office Supplies 1$ 446.49 i $ 3,435,44 I $ - $ - i$ 5,000,00 210 ,Operating Supplies 1 - I 335.48 - - 1,500,00 301 ¡ Professional Services 3,195,25 I 3,467,37 i - - , 33,300,00 i 303 'Consulting Eng, - General i 8,831.71 , 2.391.96 I 1,756,81 - 5,000,00 330 !Transportation 76,57 I 39,51 i - - I - 401 j Inspections - 1.116.25 I 1 ,277.40 ; - i - 416 ¡Computer Services , I 2.125,00 , - - - - , 433 ¡Dues/Registrations I , 50,00 : - I - - I , - 580 ¡ Equipment I - - I - - 1.500.00 I Subtotal' $ 12,550.02, $ 10,786.01' $ 3,084,21$ - $ 48,425,00 r i , ¡j¡µCJ:SS\~F:iBËÏENU ~':'..!~"'~'~~'~'»'_-"''''''~4'''' ,¡,.J.'¡OVEREXPENDf'!¡!JRE ' " . 0 ,~:.,,,..-,_. ,...,",.... ,p.,!. "...:~,~.~,..'^.....,~~ ,. .""\O...._"'.""~.~.~'" CITY OF ANDOVER 12/6/963:24 PMLOWERRUMXLS Revenue/Expenditure Budget Worksheet Bud et Year 1997 LOWER RUM RIVER MGMT. DISTRICT SPECIAL REVENUE - - ". - _.....__.. _.u__._ __ ..~__.,___._ ._._ ...._. ._.,._ .,_~___.., ..._______i_~_______~___. ___.....__ _ _ ..""_+_____________._ . ___-.-i-- Revenues ¡ I ~-~-_.._...,.-_._----_._---_._---_.._-~---¡.-------_. .--- ..---.-..----- Revenue , Actual Actual! Actual Budget Budget ~ 1993 1994 ~ 1996 1997 , Permits 31010 :General Property Tax i $ 10,491.22 $ 9,020.36: $ 11,300,19 $ 10,395,00, $ 10,935 31040 : Fiscal Disparities 1,156,06 3,102,55 I 1,279,20 3,000,00 I 3,155 33402 Homestead/Ag Credit 3,470,00 3,474.66 ¡ 3,481,25 , 3,470,00 : 2,539 36210 'Interest 22.34 35,31 ¡ 20,12 100.00 i 105 36260 i Refunds/Reimb, 392,00 649.62 ! (649,62) - : - Subtotal 15,531,62 16,282,50 15,431.14 16,965,00 $ 16.734 ì ¡ Expenditures ! i Object Actual Actual Actual Budget Budget ~ 1993 ~ ~ 1996 1997 i Personal Services i I , I I 101 ¡Salaries ¡ $ 8,645.00 , $ 8,255.24 I $ 9,258.22: $ 9,544,00 i $ 9.742 121PERA I 387.00 369,76 : 405.62 : 428,00 : 436 122 ¡FICA I 535.00' 511,751 500,33 592,00 i 604 125 Medicare 125,01 119.81' 117,01 138,00 I 141 131 Health Insurance 409.68 476.18 I 521,60' 498.00 i 521 132 'Dental Insurance - ': - , 49 133 i Life Insurance , 3.55 ' 3,60 1 3,88 : 5.00 ¡ 20 Subtotal $ 10,105.24 $ 9.736.34 $ 10,806,66$ 11.205.00$ 11,514 I i ,Supplies and Materials i 1 1 I , , 201 'General Office Supplies ,$ 106.50 . $ - I $ -' $ -' $ - 210 ¡Operating Supplies ! 131 96 , 24,00 - 555,00 ¡ 555 Subtotal ' $ 238.46 $ 24.00,$ - $ 555,00 '$ 555 I ! Purchased Services 303 Consulting Engineer $ - $ -' $ 95,21 $ - $ - 304 Attorney - 127,50 ' 1 000,00 ' 460 Subtotal $, $ 127,50 $ 95.21 $ 1,000,00 $ 460 Other Services and Charaes 433 Dues/Registrations $ - $ - $ - $ - $ - 454 Lower Rum River 5 304,76 5251,08 6 998.40 4205,00 4205 Subtotal $ 5,304,76 $ 5,251.08 $ 6,998.40 $ 4.205,00 $ 4.205 ';\t;TClT!\c:~p-E~,DIIP~~~~'if~~'~~lf"~f';{'1'5;64¡[if~~f~1!;;'f~8:92'~$&itl;gOó'.2l~~f'.t,1iî;g65.ÔÔ,Ff$·2S"-···' 16,1~~ -'~'""",n~,_,~,~,._""~-,,,..._.'~m_':;¡;,,",""'''''''~~t'". ..... ,_." ....."-.".,_...._.."~..__...,_.,,...... ..,--........_......."'"~---,...__... .....,..- ....,.---'-=.-----.--., .....,--.....",.. ...,'':"" ì ~ i.~,,1J~3~KS~·~§·Q~:~~,¡;,~9§::~~Þ!ª§~,;1If~t','~,~itB}~j~if~,'~,~]~1h~J~~~~~,:';;::t:j~;~~~':;:<::::~jJ~17iQ~f·';%~:j%~¡~~::~·~'~'~,:Ü-J~·1f',:J~~~. r.~~~:f,~;-;~¡~(: .-"".' "OVER'EXPENDITURES""~j";"i!:;;¡;i·,,·;·;,,,'(116 84}"''''';>' ';,·1,143.58,>>!ô!0,:,;'(2,469.13) ·U,::··,':<"·,'··',.::,.: $ ..,';.'.. -':::'-:0, " .,' - ..:,". .' '" _ .' ';~"'·:'.:·i<._;·,,,-,·,;,~.:,<.·.: ". '-'''' . .:.~." ,..."...... . -'.'. . . '..... ........-". '''. '. ,.. -, '" .... ....-.."......".,," ......, ...... . ..... . ..~~.........., .....,......,..,............................ .......'.........II'I.AL.v Revenue/Expenditure Budget WorksheE Budget Year 1997 I ' FORESTRY , ________ ¡SPECIAL REVENUE FUND -.-..--. ~~--- 1 ,-- , I ·'eŸeriue; --------- ----------~_-------I.- Actual Actuaï ¡ Actual Budget i Proposed I Code n_~______~_m' I ~ I 1994 1995 1996 ¡ 1997 -- ---'~ ' ! , "~_n:~,=-"enues I 1 , 33422 Other Grants 1$ 20.000,00 i $ 8,550,00 1 $ 7,040,00 ¡ $ - ' $ - 34122 ~Site Plan Review - Trees ¡ 4,000,00 I - - - ' 34144---;-Forestry Intern Fees 1 3,000.00 - ' - - , 36210 ,Interest Earned I 219 1,677 ¡ 2,549 . - i 1,200,00 36260 1 Refunds & Reimbursements 1,119 ¡ 2,360 i 179 _ i - I ~~¿Ul ,I ranSlers Irom omer rUnaS I "',IUD - ¡ - ; - I - i i: t ! i ~:~T~!~_t~B~6~~i~~1;l;~.~~~ )ª~~~;:.)~~ø~ , ¡ I ì ' I , . I . . : I:xpenaltures ! I : , I Object 1 I Actual 1 Actual I Actual Budget I Proposed Code , I ~ ¡ 1m , ~ 1996 I 1997 1 ¡ Personal Services , ¡ I ! 101 1 Salaries $ - 1$ - 1$ - $ - 1$ 8,000,00 121 ¡PERA I , - - I - I - ¡ - 122 IFICA - i - I - , - [ 496,00 125 : Medicare - ¡ - , - , - I 116,00 131 : Health Insurance , - ! - - - I - 132 , Dental Insurance I - ì - I - . - I . 133 I Life Insurance i - - ¡ - ¡ - I - ¡ I , Subtotal $ , - $ , $ , - $ - $ 8.612.00 ¡. , I i i , , , , Suoolies and Materials i , , , 201 'General Office Supplies $ - 1$ - 1$ - .$ . '$ 500.00 210 , Operating Supplies - ! - I - ! - ì 500,00 , i Subtotal >$ -"., ~' $ '.' - ,$><-,' - $ - $" 1,000,00 ¡ ! ,- I'" " , 1 I I Purchased Services , , i i 301 'Professional Services i $ - ;$ - $ - .$ - i$ - 330 ' Transportation I - - - - 1 . i , 353 , Publications - I - , - . , 500.00 360 ' Insurance i - . - - - - - Subtotal $ - $ , -, $ - $ - $ 500.00 , I ¡ , , ¡ Other Services and Charaes , 406 Contractual Services $ 6.350,00 $ 8,550,00 . $ 7,040,00 $ - ' $ 10,000.00 433 Dues/Registrations - - - - 500.00 435 Subscriptions - - - - 100,00 442 Meals/Lodging - - , - 100,00 Subtotal $ 6.350,00 $ 8,550.00 $ 7,040.00 $ - $ 10,700,00 .. ,-- ·,:,i~:_)..I;0I~f::~~:~gJÏg~~"~:$i'·. ·.6;~Å¡o.ÖÖi¡$;~~~:~~·ÔÕ;¡:'!(i:;7,~4~;ÔÖ¡~~~-- ~:,·2.;~·-..,..:~.~$,· ,,20,812.Õ.~: -"...".""",== -.. _.-~.~_._-- ~~~~If"''-'-'~~~'''''''''.~''''!:'17~''''·--r-'''_m>:'''''''''':11Þ1~- , - " ··-'·""·--·""{'T " "1' EXCESS OF REVEfiY"'¡"lr"O-"', ,,''it, <'~ ,-,.' -~"''',~ ,"" ,~,." 9'" I' ,.~.,,\,;," , , 1-"", - ,~"\""'. " ,-j,",~ ,.,"¡.;j""!,;"Y:~;:;~ '" 'd~:,~'t",A"'f,~...1"'",;;';1i't;;t,~'1.",-J<" ""..'t"..,'", "", ,·.·.';h·.',;;¡J,;>" .~,"'.: ,tl':0l) ,oµ -""""~ ~""''''''''''¡¡4t~~ïI'f4i,/j,.Þ"h,,,o;;¿,,,,,, ,:'iff;\.~#-"j"~þth' ,,<£c ..,~"o,."",,::y.:::"if"'''--. "' "¥1"" "#"T"~"",:;, _~, ~-'-."'-.',iii"~·_ ,\. OVER EXPEND!TURE.!3'+ ',; I~',:,$ ':\ ,19,693.60 ~:$ ::\t~,036.55 :-'$ ". 2,728.37,,';$:-'~, ""7 -" '-$ 12,612.00 -~- _ -- _ -----...-... .-. _. --_. .....- . .w....,. u ....'>,0(>../11 .A....v Expenditure Budget Workshee Budget Year 1997 'CAPITAL EQUIPMENT I I SPECIAL REVENUE Revenue i i i i I Actual I Actual Actual Budget Budget I ~ ~ I 1994 1995 1996 1997 , Revenues , , 39201 ¡Transfer From Other Funds i$ - :$ - '$ - ,$ - , $364,800,00 I ! , Subtotal $ - $ - $ - $ - $364,800,00 I I I I , , i ! ..--- , , , ! I I I I I I 1 , I I , I I i I , ¡ i ! I , Object i Actual I Actual , Actual Budget Budget 1 ~ ~ 1994 i 1995 1996 1m I Expenditures I i , i , i I , 'CaDital Outlay i , I I 550 Vehicle $ - ¡$ - i $ - $ - : $ 20,000,00 580 ; Equipment - - i - - 89 000.00 ¡ , Subtotal $ - $ - $ - $ - $109,000.00 ,Other Financina Uses 720 Transfer To General Fund $ - .$ - '$ - $ - $246,200,00 Subtotal $ - $ - $ - $ - $246,200,00 'i;;<""--"~""'''''"''"''''''_-='_~''_'___'''''''-~ ..,. . __.,.,."'''..'''''t'!'....~n.__...~.'"'''~''''''M""Y_.__....a~..,.,.,....'''=_,Ci,''~.'.,.,.~..."'.-~~·~'_"'~....~,.q.~..-wc_··.'" '. '''''''·\q''~-'-f ',':",... ''"'''''?f''~'"'''TOTACEXPENDITURES -~"$ ,> ""'ie' '""-'"'~$'" I,"", """""""""$" t""'-""""~""'$ 0,,'",''' ",'"'~'t$355200' 00" ~~;it~~~~z,,¡~~,;,.~Fi~~~~~ ·~:~ir . ~;,~;;~.":~fi:~,~~·~: .-.'i!~t~±±';P·'-~!?I~~.--:;'~,Ð:~j!0~r~.~~~;~~.- .':~~~::i:~~:·h~~~'-:~f_ .- ' .._ .- ".. . :{ ;g~t~~~~~1'fÈXëESS'-ÕF .-"REVEN(iE)1~~f:;;;.~:;yq.~;'.f?·~:~~~,~1¿;~0;¡~~;J~W5j'{~Y,!i¡¡~YTß~~:~h?;~~~¿~¥:~;ç~\Si.~:G~~T:a.::~:-:-:~;:~);~~';';'" .-,. ~" ':;:~<;;';i{Æ!~~;i ),,,':¡f:'¡1~"'õVëREXP"EN[jffijRES;,ltj~(i¡'¡:$\:,~,,¡,!\,'i',1~'òi¡¡¡~t(I~\ì!¡¡,¡;iJ;!¡;~1§;$::¡¡¡;f¡;f''<!"ii¡¡~¡iji$l;¡:i)f,~,¡;jlt'''$' ·',,9'60Ò'O¡¡! :0}:;:~~f;.¡;\\~;~~~:{: . ,.i;,b'f".,,;;, ;~ ,,,.;_ i'.- ;;,,~.;;-.-. c-" ,E- _</' ,;,y.,::<,>.....;;;;.;,~-,~, ¡~{~/~.f1f~:~. ~; :~í~(]1'~~Jf, "~::£~"'\&-' ,:;.·~-;;;*:¡\';¡:.)!'i:;:" ;~~. ,\í0;::. ,~t"'~:~\:d¡::;~~S:7fl¥· :.-,:~\;:';:N';:-::.!"'~ . ~'/ .~, -, . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 283-96 RESOLUTION ESTABLISHING THE 1997 WATER FUND, SEWER FUND, PERMANENT IMPROVEMENT REVOLVING FUND AND CENTRAL EQUIPMENT FUND BUDGETS. WHEREAS, the City of Andover Water and Sewer Funds are primarily supported by user fees; WHEREAS, the Central Equipment Fund is primarily supported by internal user fees charges to operating departments ofthe City; and WHEREAS, the Permanent Improvement Revolving Fund was established to provide for the acquisition of equipment of financing of improvement projects deemed appropriate by the City Council; and WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial management for planning and monitoring financial condition; and NOW, THEREFORE BE IT RESOLVED that the City Council of City of Andover hereby established the 1997 budgets for the Water Fund, Sewer Fund, Permanent Improvement Revolving Fund and the Central Equipment Fund, Adopted by the City Council of the City of Andover this 17th day of December, 1996, CITY OF ANDOVER ATTEST: ~. ~, m.. Kkf . E, McKelvey, Mayo fL~t-~ a-tb Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R-284'\Ç96 RESOLUTION ADOPTING THE 1997 RISK MANAGEMENT FUND BUDGET. WHEREAS, the preparation and adoption of operating budgets is recognized a sound financial practice; and WHEREAS, the Risk Management Fund was established to provide self insurance for insurance deductibles, separation from service pay and other unforeseen losses, NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Andover hereby establishes the 1997 Risk Management budget as submitted in the amount of $26,000. Adopted by the Andover City Council on this 17th day of December, 1996, CITY OF ANDOVER ATTEST: LL W/ Victoria Volk, City Clerk Kevenuell::xpendlture BUdget Workshee' Budget Year 1997 ,..'0 '0" ¡RISK MA".,AGEMENT FUoND u _____\__ _ --I------u __0 \TRUST &~NCY : Reveriûeso.---o-----~- ~-----i-------uoT--" oO--To-----T---- :evenue]'·" _Uo__. Actual Actuaf---;-~ctu¡¡l--¡- Budget L Budget -Code-o;~--. 1993 1994 I 1995 : 1996 i 1997 i I -~-I------- '$ 275.62 i $ 1 328.42 ! $ 500.00 I $ 36210 'Interest Earned 338.28 i $ 500 36230 Contributions 3,045.73 i 8,914,75 ! 14,466,93 i 2,500,00 ¡ 2,500 36243 I Flex Benefit Plan Revenue 6,745,00 ' - - - , 36246 Workers' Compo Refund - 7,624,00 : - i - 1 - , 36260 ,Refunds and Reimbursements - I - 17,935.00 ¡ 17,000,00 , 17,000 39201 ¡Transfers from other funds 3000,00 ! 3,000,00 8000,00 I - I 6 000 Subtotal 13.06635 1987703 40,730.35 20600,00 $ 26 000, 1 I i I Object Actual Actual Actual Budget Budget Code ~ 1994 1995 1m 1997 Personal Services 1 101 Salaries $ - $ - ! $ 4,216.18 $ 4,320.00 i $ 4,612 104 1 Salaries - Separation Ace!. - I - ¡ 1,030,06 I - I - , 121 !PERA - - 167.10 ¡ 194.00 I 207 122 FICA - 315,79 268,00 286 125 i Medicare - - 73.82 : 63.00 67 131 i Health Insurance - , 184,84 I 207,00 I 207 132 , Dental Insurance - I - - - I 20 I 133 Life Insurance I - I - I 1,531 ,,5,00 I 8 , Sul:Jtotål $ - $ - $ 5;989,32$5,057.00>$ 5;406 I I I I ! I ISuDDlies and Materials I I 207 Training Supplies $ - $ - $ - i$ 210 Operating Supplies - - - i Purchased Services I i 301 Professional Services , $ 524,00 i $ 434,75 I $ 114.75, $ 1,000.00 i $ 1,000 302 Health & Wellness I - i - - - 5,694 360 ! Insurance i - ¡ 3,839,59 i 14,539.22 i - 4,000 , Subtotal' $ 524,00 1,$ 4,274,34 " $ 14,653.97,$1,000,00 $ 10;694 , I I Other Services and Charges 433 Dues/Registration 100,00 i 886,68 i 780,00 i 3,000,00 ' $ 1.500 499 Contingency - - - 9,443,00 i 6,900 811 Flex Benefit Plan Expense 6 530 85 ' - I - - - Subtotal $ 6.630,85 $ 886,68 $ 780.00 $12.443,00 $ 8,400 i , I i¡iT'fÕTAli¡EXPENÓìTÚRè$~f~.·oi ., "'$i>itfT1'54:85~~'~6t{Cj :¡i\$f¡gf¡f21~:il23;~fI$'2é¡'ôóO!oÒ~i$;1i¡0;¡ii~CjCj!J!i "':;;)1~,~;;.;;:t±;iL'ilLi';é;~\iL?~;;;;i;¿;d1lif~~2' . ~~ ¡.j ",":~''o; "!_~~ J_~' ",,:,,'§i '. w." -'~ t. .~-~:".~_~!L;.~::~:'~:~~~"~:~~;~":'~:""': "":2}..t '::~~,-,"-:'~;;:~~-'~'-~ , I I I , I, I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R285-96 A RESOLUTION GRANTING THE LOT SPLlT\V ARIANCE REQUEST OF JAMES AND LINDA KALDAHL PURSUANT TO ORDINANCE NO, 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO, 8, SECTION 6,02, MINIMUM DISTRICT REQUIREMENTS ON PROPERTY LOCATED AT 4040 SOUTH ENCHANTED DRIVE NW (PIN 18-32-24-44-0015), WHEREAS, James and Linda Kaldahl have requested to split a portion of Lot 2, Block 3, Fox Meadows Addition, pursuant to Ordinance No, 40 and varying from the provisions of Ordinance No, 8, Section 6,02, Minimum District requirements for an R-l, Single Family Rural District on property located at 4040 South Enchanted Drive NW, Lot 2, Block 3, Fox Meadows Addition, legally described as follows: That part of Lot 2, Block 3, FOX MEADOWS, according to the recorded plat thereof, Anoka County, Minnesota, described as follows: Commencing at the northeast comer thereof; thence South 15 degrees 12 minutes 25 seconds East, assumed bearing, along the easterly line thereof a distance of 119,86 feet to the point of beginning of the land to be described; thence South 33 degrees 52 minutes 23 seconds West a distance of 31,78 feet; thence South 03 degrees 34 minutes 50 seconds East a distance of 152,67 feet; thence North 89 degrees 00 minutes 13 seconds East a distance of 56,51 feet to the easterly line of said Lot 2; thence North 15 degrees 12 minutes 25 seconds West along said easterly line a distance of 184,23 feet to the point of beginning, Said parcel containing 0,15 acres more or less. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No, 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; 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 and there was no opposition to the request; and Page Two LS\ V AR 96-09 4040 South Enchanted Drive NW December 17, 1996 WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split\variance as requested, 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\variance on said property with the following conditions: 1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E) , 2, That a covenant be recorded that legally binds the aforementioned portion of Lot 2, Block 3 with Lot 3, Block 3, Fox Meadows Addition so they cannot be sold separately, Adopted by the City Council of the City of Andover on this 17th day of December, 1996, CITY OF ANDOVER ,{ Jlk ATTEST: ,E, McKelvey, May / d,-<-'~ ð,J£ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R286-96 A RESOLUTION GRANTING THE RELOCATION OF STRUCTURE REQUEST OF DENISE DEZIEL PURSUANT TO ORDINANCE NO, 8, SECTION 4.11 ON PROPERTY LOCATED AT 17051 CROSSTOWN BOULEVARD NW (PIN 12-32-24- 14-0016), WHEREAS, Denise Deziel has requested to relocate a home on a vacant lot pursuant to Ordinance No.8, Section 4,11, said vacant lot to be located at 17051 Crosstown Blvd, NW, legally described as follows: That part of the Southeast 1/4 of the Northeast 1/4 of Section 12, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at the Northeast corner of said Southeast 1/4 of the Northeast 1/4; thence West along the North line of said Southeast 1/4 of the Northeast 1/4 a distance of 550.65 feet to the point of intersection wit the center line of said County Road No, 18 as it is now laid out and traveled; thence Southwesterly along the center line of said County Road No, 18 a distance of 284,03 feet to the point of beginning ofthe tract ofland to be herein described; thence continuing along said center line of County Road No, 18 in a Southwesterly direction for a distance of225,OO feet; thence Southeasterly along a line having a bearing of South 46 degrees 35 minutes 14 seconds East a distance of 500,00 feet: thence Northeasterly on a line parallel with the center line of said County Road 18 a distance of225,OO feet; thence Northwesterly on a line parallel to the Southeasterly line of this tract 500,00 feet to the point of beginning, WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No, 8, Section 4,11; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare ofthe City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split\variance as requested, Page Two MP 96-0 I, Deziel 17051 Crosstown Blvd, NW December 17,1996 NOW, THEREFORE, BE IT RESOLVED, that the City COlUlCil of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions: I, That the relocated structure comply with all applicable City Ordinances including but not limited to Ordinances No, 4, 8, and 10, 2, That the relocated structure be subject to review of the Building Official and Fire Marshall. 3, That the relocated structure shall be placed on a permanent foundation within (30) thirty days of the issuance of building permit, 4, That the moving permit be subject to a sunset clause as defined in Ordinance No, 8, Section 5,03( d), 5, That the Building Department ascertain that the lot is buildable, Adopted by the City Council of the City of Andover on this 17th day of December, 1996, CITY OF ANDOVER ATTEST: {), 1. Þ!&- /(pi-:>- Vr,E, McKelvey, Maym ~d-æ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 287-96 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO, 96-28 FOR WELL #3 MAINTENANCE, WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 251-96 ,dated November 6 , 1996, bids were received, opened and tabulated according to law with results as follows: Alberg Water Services $29,622.00 E.H, Renner & Sons $30,463,00 Bergerson Caswell $35,004.00 Keys Well Drilling Co, $38,062,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Alberg Water Services as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Alberg Water Services in the amount of $29,622,00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 17th day of December ,19...92...-, with Councilmembers McKelvey, Knight. Jacobson, Dehn, Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ' {; )1J. .E, McKelvey - Mayor > ,J~ ¡1ft Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION 288-96 A RESOLUTION ESTABLISHING THE FEE FOR ON-SALE INTOXICATING SUNDAY LIQUOR LICENSES. The City Council of the City of Andover hereby resolves: The following fee is hereby established for the year 1997. License Fee Ordinance $200.00/ year 56 Adopted by the City Council of the City of Andover this 17th day of December. 1996. CITY OF ANDOVER ß { ~t'L~ ¡;?f.E. McKelvey, Mayo; ATTEST: Lt-U-.J ¡~¿ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 289-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 95-12 FOR WELL #6, WHEREAS, the City Council did on the 18th day of July , 19 95 . order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 17th day of December , 19 96; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible. for an estimated cost of $ 482 500,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 482,500,00 , waive the Public Hearing and order improvements, BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of _ TKDA to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Dehn and adopted by the City Council at a regular meeting this 17th day of December , 19-1N.., with Councilmembers McKelvey, Knight, Jacobson, Dehn, Kunza (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: e. {. )116 ~~ Ø.E, McKelvey - Mayo ~j¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 290-96 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO, 96-26 FOR TRUNK SANITARY SEWER AND WATERMAIN IN THE FOllOWING AREA S % OF SW Y. OF SECTION 22 (WOODLAND ESTATES), WHEREAS, the City Council did on the 6th day of November ,19 96, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 17th day of December , 19--.Jlli..; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $407,550,00 NOW. THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $407,550.00. waive the Public Hearing and order improvements, BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of_ TKDA to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 17th day of December , 19--.Jlli.., with Councilmembers McKelvey, Jacobson, Knight Dehn, Knuza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: (). f. )r/lC/ ~47 ME, McKelvey - Mayor j~ á.& Victoria Volk - City Clerk --, COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R291- 96 A RESOLUTION SETTING RATES FOR PERMITS, CONNECTION FEES, SERVICES AND WATER USAGE PURSUANT TO ORDINANCE NO. 55, SECTION 3 AND RESOLUTION NO. 101-81. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: SECTION 1. W A TER PERMIT FEES REF. ORDINANCE 55 I, Service/Connection $50,00 Section 21 and 22 2, Tapping Main 30,00 Section 9 3, DisconnectionlReconnection Requests 20,00 Section 12 4. HV AC 15.00 Section 20 5, Underground Sprinklers 15,00 6, Re-inspection (all) 25,00 .sECTION 2. SERVICE CHARGES 1. Testing ° to 6" meters Cost plus 20% 2. Violation P Shut-off (7:00 AM - 3:00 PM) 50.00 Shut-off (after hours) 50.00 SECTION 3. WATER METER CHARGES 1. 3/4" Meter (Short lay length) $150,00 2, 5/8" Meter 125,00 3, I" Meter 265.00 4, I 1/2" Meter 452.00 5. 2" Meter 630,00 6, Special Sizes Cost plus 25% handling 7, Laterals $24,OO/F,F, (estimate) SECTION 4. UNIT CONNECTION CHARGES 1. Residential $1,225,00 per unit 2, Non-Residential, per REC 610,00 per unit or $6,100,00 whichever is higher SECTION 5. WATER AREA CHARGES 1. Residential and Commercial $1,130,00 per acre ------- I. Water: Billed Quarterly $7.30 .98 per 1.000 for 1st 10,000 gal. 1.0 I per 1,000 for 10,00 I through 20,000 1.05 per 1,000 for 20,001 through 35,000 1.12 per 1,000 for 35,001 through 60,000 1.20 per 1,000 for 60,001 through 100,000 1.35 per 1,000 for 100,001 through 200,000 1,60 per 1,000 for 200,00 I and above Minimum per quarter 8,30 Penalty/Late payment 10% 2, Sewer: Area A $31.50 per quarter Area B 43.50 per quarter Penalty/Late payment 10% SECTION 7. SANITARY SEWER RATES I, Sewer Area Charge $1,065 per acre 2, Sewer Connection fee (Commercial Connection Fee Rate=1 Connection Fee for each SAC Unit) $290,00 per unit 3, Laterals $ 24.00/F,F (Estimate) 4, Hookup Permit Fee (Sewer) 40,00 plus surcharge 5, Sewer Availability Charge (Metro) 950,00 6, Plumbing (Homeowner contracts for) SECTION 8. EFFECTIVE DATE The rate charges as shown shall be effective January I, 1997. Adopted by the City Council of the City of Andover this 17th day of December, 1996. CITY OF ANDOVER .{ m,,-~ ATTEST: ~ ð./f Victoria Volk, City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R"~~96 A RESOLUTION ESTABLISHING SERVICE CHARGES TO BE COLLECTED IN 1997. The City Council of the City of Andover hereby resolves: The following service charges are hereby established for the year 1997, SERVICE CHARGE Flood Zone Search $15,00 Well and Septic Locate 30,00 per hour Special Assessment Searches 12,00 City Maps 2,00 Zoning Maps 3.50 Copies (per sheet) Upto8Y,Xl4 ,25 Oversize 50 18" X 24" 2,50 24" X 36" 3,00 Larger sizes 6,00 Copies of surveys Cpto II"X 17" 5,00 Requested by owner 1.00 Ordinance 8 25.00 Ordinance 10 10,00 Ail other ordinances 1.00 Notary 3.00 Bad check fee 25,00 Topographical Maps 11,00 per acre Approval of Deeds Abstract property 25,00 Torrens property 40,00 Maintenance Cost Recovery Union scale + 25% Research by Staff 25,00 per hour (min, 13,00) Administrative Fee 25% of total labor charge Adopted by the City Council ofthe City of Andover this 17th day of December, 1996, CITY OF ANDOVER ATTEST: þf );;e-~L? ¡~¿J.4 ' E, McKelvey Victoria Volk, City Clerk -............. _.. .L".L~~_ .-.J....... COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R- 293-96 A RESOLUTION ESTABLISHING PERMIT FEES AND SERVICE CHARGES TO BE COLLECTED BY THE CITY OF ANDOVER. The City Council of the City of Andover hereby resolves: The following permit fees and service charges are hereby established for the year 1997, TYPE OF PERMIT FEE Certificate of Occupancy $ 4.00 Plan ChecklResidential 65% of permit fee Plan Check/Trees 60.00 Heating Installations 25,00 Air Conditioning Installations 15,00 Plumbing (per opening) 8.00 (minimum fee) 15.00 On-Site Septic System Installation 35,00 Sanitary Sewer Installation 25.00 Septic System Pumping 3.00 Water Installation (public) 50.00 Agricultural Building 5,00 Footing to Grade 15.00 Health Authority Certification 5.00 Escrow Inspection Fee 25.00 Building Reinspection Fee 42,00 Grading Inspection Fee First Inspection No Charge Second Inspection No Charge Third Inspection $ 35.00 Fourth Inspection 75.00 Fifth and above 100.00 each Septic Dumping 5.00 per load Gas Fireplace Permit 40.00 per wút The permit fee schedule for the Building Department for 1997 shall be as follows: I, State of Minnesota Building Valuation Data, cost per square foot, dated February, 1987. 2, Fees for Commercial Buildings shall be computed on the contract bid price. Plan check fee shall be 65% of the permit fee, 3, Permit fee shall be based on the 1994 Uniform Building Code Schedule lA, The above fees apply to repairs and alterations requiring inspections as well as all new installations. Adopted by the City Council of the City of Andover this 17th day of December 1996, C TY OF ANDOVER ,(' l ATTEST: ;!. Ì/ff- ~" ~. /~. ¡it? ' . E. McKelvey - May r V/..v' u-~" ,- ,_/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R-294-96 A RESOLUTION SETTING FEES FOR PERMITS, REZONING, SPECIAL USE PERMITS, VARIANCES, PLATTING, LICENSE FEES, LOT SPLITS, RENTAL FEES AND VARIOUS OTHER FEES. The City Council of the City of Andover hereby resolves: The following fees are hereby established for the year 1997, TYPE OF FEE FEE ORDINANCE Moving of Buildings Up to 350 Square Feet $ 15.00 4 351 to 600 Square Feet 25,00 60 I to 824 Square Feet 50.00 825 Square Feet and Over 75,00 Rezoning 200.00 8 Recording Fee for Rezoning Abstract Property 25,00 Torrens Property 34,50 Special Use Permit 8 Commerciàl 200,00 Residential 150,00 Amended Special Use Permit 100,00 Recording Fee/Special Use Abstract Property 25.00 Torrens Property 34,50 Variances 8 Single Family 100,00 Other Request 125.00 Sign Permits 1,00 per Sq, Ft. 8 Erected Without Permit 3,00 per Sq, Ft. Plat Fees 10 Preliminary Plat Filing Fee 60,00 Preliminary Plat Per Acre Fee 22,00 Final Plat Fee 20,00 Plat Escrow Deposit Urban Lot 100,00 Rural Lot 450,00 Commercial Site Plan Review 750,00 Sewer Availability Charge 950,00 Fire Building Reinspection Fees 42,00 per hour Burning Permits 20,00 Fire & Pyrotechnics Special Effects 250,00 Home Occupation Inspections 42,00 per hour Other Inspections as Requested 42,00 per hour Permits outlined in Article 4, 1991 UFC 25,00 Special Investigation as Requested 42,00 per hour Demolition Permits 13 Single Family Structures 30,00 Two Family Structures 40,00 SinglelDouble Garages 10,00 Barns 10,00 Multiple Family Structures First Two Units 40.00 Each Additional Unit 10.00 Commercial Units - Minimum Fee 10,00 ($2,00 per $100,00 Demolition Costs) Contractor Licenses Contractor Verification Fee 5.00 Contractor License 25,00 Boarding of Horses 23 Boarding 10,00 per day Impoundment of Horses 25.00 per hour per person Transportation (trailer rental) 40,00 Stable Fee 3,00 Non-Intoxicating Liquor 28 Off Sale 40,00 per year On Sale 200,00 per year Tree Trimming 29c License Fee 25,00 per year Plan Check Fee for Trees 55.00 Street Opening Permit 10,00 35 Lot Split Fee 40 Lot Split 100,00 Recording Fee/Lot Split Abstract Property 25,00 Torrens Property 34,50 Junkyard License 44 License 200.00 First Reinspection Fee 150,00 Second Reinspection Fee 200.00 Third Reinspection Fee 250,00 Cigarette License 25,00 per year 45 Outdoor Party Permit 5.00 51 Dog License 5,00 per two years 53 Commercial Kennel 150.00 Recording Fee: Abstract 25,00 Torrens 34,50 Renewal 25,00 Private Kennel 25,00 Fire Hydrant Use Meter Cost (deposit) + Standard Water Rates 55 Intoxicating Liquor 56 On Sale Liquor 4,000,00 per year On Sale Wine 500,00 per year On Sale Sunday 200.00 per year Off Sale Liquor 200,00 per year Transient Merchant License 50,00 per six months 79 False Alarm Fine 75,00 96 Rental Housing License 50.00 per unit (except owner occupied) Reinspection Fee per Call 30.00 Garbage Hauler License 25,00 per year + 15,00 per truck 102 Pawnbroker License 104 New 5,000,00 per year Renewal 5,000,00 per year Therapeutic Massage Establisbment 11 0,00 110 Single Application Fee 200,00 Corporate Application Fee 300,00 Partnership Application Fee 300,00 Renewal Fee 150,00 Massage Therapist Annual License Fee 150,00 Adopted by the City Council of the City of Andover this 17th Day of December, 1996, CITY OF ANDOVER ATTEST: ' t ]Y¡(.,K~ . E. McKelvey ~ ¿~Lb Victoria Volk, City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 295,...96 A RESOLUTION ESTABLISHING 1997 USER FEES FOR THE USE OF FIELDS A~D HOCKEY RINKS WITHIN THE CITY OF ANDOVER. The City Council ofthe City of Andover hereby ordains: The foJlowing fees are hereby established: TYPE OF FEE FEE - Flat Rate Adult Rec Play $ 7 5 per team, per season $10 additional, per player, non-resident fee Youth Rec Play $ 0 per team, per season $ 0 additional, per player, non-resident fee Note: Includes the use of fields for both lighted and non-lighted. Field w/o Lights $15 Fee per hour (Private Use) $75 Fee per day Field w/Lights $20 Fee per hour (Pri vate Use) $100 Fee per day Miscellaneous Youth Leagues $ 0 per team, per season MisceJlaneous Adult Leagues $50 per team, per season including practices plus a $10 additional non- resident fee per player Rental of Equipment for Tournament Limer $ 3,00 per tournament Lime $ 3,50 per bag Drag $ 1,50 per tournament Hose and nozzle $ 1,50 per tournament Batter's Box $ 1,50 per tournament Weekend Tournaments $150,00 per field with JlQ maintenance $300.00 per field with maintenance Rink Without Lights (Adults) $25 (Fee per day) Rink With Lights (Adults) $12 (Fee per hour) Adopted by the City Council of the City of Andover this 17th day of December, 1996, CITY OF ANDOVER ATTEST: Ii t, W(/)(J~h ~ tI..æ 0. E, McKelvey ¡7 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO, R296-96 This is an ordinance 8 amendment approving the rezoning for Woodland Estates, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO 297-96 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAND ESTATES BY WOODLAND DEVELOPMENT COMPANY LOCATED IN SECTION 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and comments were favorable; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the plat citing the following: 1. A variance from Ordinance 10, Section 9,02C for the existing driveway on Crosstown Boulevard NW on Lot 8, Block 1o, The variance shall be for the period that Mr. Laptuta remains the owner of the property, 2, A variance from Ordinance 10, Section 9,02C for the separation between Nightingale Street NW and the proposed I 50th Lane NW, 3, The existing accessory structures are to remain for a period of no more than four (4) years and shall be described in the Development Agreement. 4, A variance from Ordinance No, 8, Section 6,02, for the following: a. Lot 12, Block 10, minimum lot depth requirement. b, Lot 12, Block 6, minimum lot depth requirement. , 5. The developer is responsible to obtain all necessary pennits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site, 6, Park dedication as recommended by the Park and Recreation Commission as detennined by Ordinance No, 10, Section 9,07, 7, Contingent upon water and sewer trunk being brought to the property. 8, Sidewalks and trails as detennined by the City Council at a later date, Page Two Resolution Preliminary Plat - Woodland Estates December 30, 1996 Adopted by the City Council of the City of Andover this 30th day of December ,19-2L, CITY OF ANDOVER ATTEST: ,l Þk J~ ¿ZùJ tfrtb ,E, McKelvey, Mayor Victoria Volk, City Clerk . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO, 298,96 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT COMPANY TO ERECT AN AREA IDENTIFICATION SIGN ON LOT 1, BLOCK 10, WOODLAND ESTATES, WHEREAS, Woodland Development Company has requested a Special Use Permit to erect an area identification sign (permanent monument) on the property described as Lot 1, Block 10, Woodland Estates; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Sections 5,03 and 8,07; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare ofthe occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. 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 to allôw Woodland Development Company to erect an area identification sign on said property with the following conditions: 1. The area for development is larger than five (5) acres, 2. The maximum square footage of the sign is thirty-two (32) square feet, 3, The sign shall be located ten (10) feet or more from any property line and meet all site triangle requirements as stated in Ordinance No, 8, Section 4.06, 4, The Special Use Permit shall be subject to annual review by staff, 5. The applicant shall be responsible for general maintenance of the sign, Page Two Resolution Area Identification Sign - Woodland Estates 6, The applicant shall apply for and be granted a sign permit before the sign is erected, 7, If there is not sufficient space to erect the sign because of right-of-way improvements, staff has the authority to change the location of where the sign shall be placed or erected. Adopted by the City Council of the City of Andover on this.1Q1h day of December, 1996, CITY OF ANDOVER ATTEST: ;i~0 ¡/.rÆ/ Victoria Volk, City Clerk