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HomeMy WebLinkAbout1995 DESCRIPTION NO. ,-- Revising Authority of. Treasurer to Pay Claims 001 1/3/95 Authorizing City of Andover Treasurer to Wire Transfer Funds from all Bank Accounts at city's Official Depository without Requiring a Second Approval 002 Designating Depositories of city Funds & Supplemental Depositories of City Funds for Investment Purposes only 003 Granting Special Use Permit Request of Robert Paddock to Operate a Home Occupation in Accessory Structure on Property located as 2439 South Coon Creek Drive 004 1/3/95 1/3/95 1/3/95 JlSt./gY6 -- ,j) ~ d..3~ 9.::> Approving Final Plans & Specs & Ordering Advertisement for Bids for proj. 93-30, for S.Sewer, WM, ST, Storm Sewer & Appurtenances Construction in area of Bunker Lk Blvd Frontage Rd. 005 1/17/95 Approving Change Order #4 to proj. 93-12 for Improvement of S.Sewer, WM, St. and Storm Drain Const. in Hills of Bunker Lake - 5th Add. 006 1/17/95 Abandoning Improvement of Street & Storm Sewer, proj. 94-16 - Tulip St NW between 161st Ave NW to 168th Ln NW area 007 1/17/95 Approving Revised Grading/ Drainage/Erosion Control Plan of Foxberry Farms being Develpoped by Contractor Property Dev., Co. in Sect 26, Township 32, Range 24, Anoka County, MN 008 1/17/95 Establishing an Annual User ;Pee for Use of Fields within ity of Andover 009 1/17/95 DESCRIPTION NO. .1.,1&1......... Establishing Sanitary Sewer Rates & Sanitary Sewer Connection Charges, To be Effective January 1, 1995 Pursuant to Ord. 32, Res. No. RG8-Bl, & Council Action May 2B, 1987 010 Approving Final Plans & Specs & Ordering Adver- tiesement for Bids for Proj. 94-22, for S.Sewer, WM, Street & storm Drain Const. in area of Crown pointe East 011 " 1/17/95 1/17/95 Appr.oving Change Order *1 to proj. 94-2 & 94-17 for Improv. of S.Sewer, WM, Street & storm Drain Const. in area of Woodland Ponds 2nd Add & Quickstrom's Add. 012 1/17/95 Approving Change Order *2 to proj. 94-2 & 94-17 for Improvement of S.Sewer, WM, St. & Storm Drain Const. in area of Woodland Ponds 2nd Add & Quickstorm's Add. 013 1/17/95 Approving participation of the Andover Fire Depart., in Cooperation with the Anoka County Fire Protection Council, in Submitting a Proposal to the State of Minnesota Department of Public Safety to Become a Hazardous Materials Chemical Assessment Team 014 2/7/95 Accepting Feas. study, Ordering Improvement & Directing preparation of plans & Specs for Improve- ment of Proj. 94-32 for Municipal Well *5 in area Behind the Public Works Garage & Adjacent to the Future Andover Middle School 015 2/7/95 Granting Special Use Permit Request of Edina Realty, Inc. to erect a Real Estate Sign on Lot 1, Block 1, Jonathan Woods DiG 1/17/95 1/51 f'3 9 ol,;?J -'l:S DESCRIPTION NO. J.(~'-:>. DA'Xt; Granting Special Use Permit Request of Contractor Property Developers Company to erect a Real Estate Sign ^ on Lot 8, Block 3, Foxberry Farms 017 1/17/95 II;; Granting Lot split Request of Leroy Johnson to Create Two Parcels pursant to Ord. 40 018 1/17/95 ~'d.2~91 Declaring Results of Special Election 019 2/7/95 vacating a portion of Right- of-Way for Service Rd, in Pankonin Add, Anoka County, MN in Sect. 34, Township 32, Anoka County, MN 021 Receiving Supplemental Feas. Report of WM, st, Storm Drain & Appurtenances proj. 94-22 in Crown pointe East area 022 2/21/95-1)/1:1.,7 _-3 2/21/95 Amending Res. 216-94 approving P.plat of Crown pointe East being Developed by Ashford Dev. Corp., Inc. in Sect. 25 & 26, Town. 32, Range 24, Anoka County, MN 023 Approving Final plat of Crown pointe East as being developed by Ashford Dev. Corp., Inc. in Sect. 25 & 26, Township 32, Range 24, Anoka County 024 Approving Final plat of Sharon's 2nd Add being Dev. by Raintree Realty Inc. in Sect 26, Township 32, Range 24, Anoka County 025 Approving Final plans & Specs & Ordering Advertisement for Bids for proj. 94-1, City Hall Park Complex #1 for Lighting Const. 026 2/21/95 2/21/95 2/21/95 2/21/95 Accepting Work & Directing Final Payment to W.B.Miller, Inc. via the City of Ham Lake for proj. 92-25 for improv. of St. & Storm Drain in area of University Ave Extension 027 2/21/95 l'tU. '32" ..2 !l..'"3 95' /,;l/ts/C,Y 1-7'-7'5 DESCRIPTION NO. DATE K~~. ~v. Modifying the Dev. program for Development District *1 and the Tax Increment Financing Plans for Tax Increment Financing Dist. 1-1 & 1-2 to Reflect Increased Geographic Area & Increased Proj. Costs within Development District No. 1 028 2/21/95 Accepting Bids & Awarding Contract for Improvement of Proj. 94-22 for S.Sewer, WM, Street & storm Drain Const. in area of Crown pointe East 030 3/7/95 Declaring Cost & Directing Prep. of Assess. Roll for Improvement of WM, S.Sewer, Streets &, Storm Sewer, for Proj. 93-11, Emerald Glen 031 Approving Final Plans & Specs & Ordering Advertisement for Bids for proj. 94-32, Well *5 for Drilling & Development Construction 032 Accepting Bids & Awarding Contract for Improv. of Proj. 93-30 for S.Sewer, WM, Street & Storm Drain Const. in area of Bunker Lk Blvd Frontage Road 033 Accepting Bids & Awarding Contract for Improvement Proj. 94-1 for Lighting Const. in area City Hall Park Complex *1 034 Approving Final Plans & Specs & Ordering Advert. for Bids for proj. 94-18, Middle School located in Sect. 22-32-24 for Trunk Sanitary Sewer & Trunk Watermain Const. 035 3/7/95 2/21/95 3/7/95 3/21/95 3/21/95 Declaring Adequacy of Petition & Ordering Prep. of Feas. Report for Improv. of S.Sewer, SM, St. & storm Drain, proj. 95-1, in Woodland Creek-5th area 036 3/21/95 Ordering & Accepting Feas. Study, Waiving P. Hearing, ordering Improv. & Dire-~. Prep. of plans & Specs r Improvement of proj. 95-1, for S.Sewer, WM, ST & Storm Drain in woodland Creek-5th Add. area 037 3/21/95 Revising the Authorization of Certain Employees to sell, Assign Transfer & or De1eiver Funds 038 3/21/95 Supporting Passage of Minnesota Emerging Communications Services Act of 1995 039 3/21/95 Granting Lot Split & variance Request of Cesarina scardigli to Create Two Parcels pursuant to Ord. 40 040 3/21/95 Mf,,6"6JJ... </_lg~75' Granting Variance to Woodland Dev. for I.D. Sign for woodland Creek at Entrance to Dev. on Marigold st & its Intersection w/Bunker Lk Blvd 041 3/21/95 ordering Improv. of Irrigation proj. 93-7 in City Hall Park Complex *2 area & Prep. of Final Plans & Specs. 042 Approving Final plans & Specs & Ordering Advertisement for Bids for Proj. 93-7, City Hall Park Complex *2 for Irrigation Const. 043 Declaring Adequacy of Petition & Ordering Prep. of Feas. Report for Improvements of Street Lighting, proj. 95-2 in area along Crosstown Dr. between Bunker Lk Blvd & Crosstown Blvd NW 044 3/21/95 4/4/95 4/4/95 Accepting Bids & Awarding Contract for Improv of proj. 94-32 for Drilling & Development Const. in area of Well * 5 045 4/4/95 Approving Final Plans & Specs & Ordering Advertisement for Bids for proj. 95-1 Woodland Cr. 5th Add. for S.S.,wm.,St &St.Dr. Const. 046 4/4/95 providing Conpetitive Negotiated sale of $2,605,000 Gen. Obl Improv. Bonds, Series 1995A 047 4/4/95 Providing Competitive Nr10tiated sale of $515,000 Gen. ( Equip. cert. of Indebteaness, Series 1955C 048 4/4/95 providing Competitive Negotiated Sale of $825,000 Gen. Obl. Improvement Refund. Bonds Series 1995B 049 4/4/95 Authorizing City Treas. to Wire Trans.Funds from all Bank Accnts at City's Official Depository Without Second Approval. 051 Approving change Ord.#l to Project No.94-9 & 93-30 Area of Fox Woods and Bunker Lake Blvd. Service Rd. 052 4/18/95 4/18/95 Approving change Ord #1 to proj. No. 94-10 & 94-8 Area of Jonathan Woods & Foxberry Farms 053 Approving Prelim. plat of Woodland Meadows 2nd being Dev. by Woodland Dev. Co. Located Sec. 10, Twnshp 32, Range 24, Anoka Cnty, MN 054 Approving Prelim. plat of Timber Meadows 3rd being Dev. by woodland Dev. Co. Located Sec.17, Twnshp 32 Range 24, Anoka Cnty, MN 055 Approving Special Use Permit Reqst. of Vickie Hagen for Kennel License Located at 16157 Hanson Blvd. NW 056 4/18/95 4/18/95 4/18/95 4/18/95 ;1(,,;)C};;2.3 ";-;;8'-9.5' Approving Variance Req. of Jeff and Juanita Thompson to Ordinance #8, Sec.4.04 (B) Allow Two Principle Bldgs. or structures on Parcel for period of 120 Days on property located at 3123 - 173rd Lane NW 057 4/18/95 Granting Reqst. of Jim Green to extnd. special use permit for Mining Permit for 1 Yr. to allow continuation of Mining Activities on Prop. Loc. at 2855 - 161st Ave. NW 058 4/18/95 lie Jd.;;"</ 'f.;Zf-'i.:5 Declaring cost & dir. prep. of Assessment Roll for Imp~~vements WM, SS, st, Stm Sew.fo: roj. * 93-5, Winslow Hills 3 059 4/18/95 Hearing proposed Assessment for Improvement for proj. # 93-5 060 4/18/95 Accepting bids and Award contr. Improv. proj. #94-18 for Trunk San. Sewer & Trunk wtr. Main construc. in area of Middle School loco Sec.22-32-24 061 4/18/95 Calling upon Govenor & Legislators to pass Major Workers'Comp. Reform 062 Amending Res. *080-94 approving prelim. plat of woodland Creek 5th as being Dev. by Woodland Dev. corp. in Sec. 29 & 32, Twnshp 32, Range 24, Anoka Cnty 063 Approving Final plat of Woodland Crk.5th being Dev. by Woodland Dev. Corp. 5/2/95 5/2/95 064 5/2/95 Accepting bids & award contract for Improve proj. *95-1 St,WM, San Sew, st. Sew. in area of Woodland Crk 5th 065 5/2/95 Dr'/'- Ordering Improvment Crack seal Proj. 95-3 & Dir. Prep. of Final plans & specs. Approving final Plans & Specs., order ads for bids - proj.#95-3 Cracksealing. 067 5/2/95 068 5/2/95 Declaring Adequacy of Petition & Ordering Prep. of Feasibility Report - Improv. of Street const., proj. 95-7 Oak Hollow & Adjacent Areas 069 5/2/95 Approving Special Use Permit request of Debbie Brink for Kennel License at 208 - l66th Ave. N.W. 074 5/2/95 IltsOl?? s -cJS- 7J Granting Special use Permit Request - Woodland Dev. ~o. to erect Area Identificati Sign on Lot 3, Block 1, Timber Meadows, Third Add 075 5/16/95 ,'j'c)J-91 1;( 1!{/ 65' Granting Special Use Permit Request - Woodland Dev. Co. to erect Area Identification Sign on Lot 1, Block 1, woodland Meadows Second Add ' 076 5/16/95 /0 -/1. 'IS- #l II 1f7 3d . Granting Special Use Permit Request of Woodland Dev. Corp. to Erect Real Estate Sign on Lot 1, Block 8, Woodland Creek to Market Subdivisions known as Woodland Creek 4th & 5th additions 077 5/16/95 1;tt.b/"3 5'31-15' Public Hearing on Improvements on streets proj.#95-7 in Oak Hollow 078 5/16/95 Approving change order #4 to proj. #93-9 in area of Winslow Hi11s/Xeon ST. 079 5/16/95 Approving change order proj. #93-9 in area of Hills/Xeon St. #5 to Winslow 080 5/16/95 Accepting work & Directing Final pymt to Old is Gold Const. for proj. #93-9 improv. ss, wm, st, stm. sewr. in area of Winslow Hills/Xeon St. 081 5/16/95 Granting lot split rqst. of Bernard & Carol Jones to create two parcels pursuant to Ordinance #40 082 5/16/95 II"~~'( 5-31.7'5 Approving variance reqst. of Jerry & Teresa Borg to Ordinance #8, Sec. 6.02 which requires a fifty (50') foot setback from major arterial to allow for construction of a 24' x 24' addition on a sgl.fam. res. that encroaches six (6')feet into the reqrd. setback on prop. located at 16463 Rnd. Lk. Blvd. 083 5/16/95 Approving spec. use permit reqst. by Wm. Erhart for mining permit on prop. at 16488 Orchid St., descrb. as reqrd. per Ordinance #8, Sec. 4.24 084 5/16/95 IItt,tt.5 5-J/J/s'" Approving prelim. plat of Crown pointe as being dev. by Ashford Dev. Corp., Inc. located in Sec. 26, TwIJ.' , ::12, Rnge 24, Anoka Cnty. 085 Declaring Adequacy of Petition and Ordering Prep. of Feas. Rpt. for Improv. of Street Construe. proj. 95-9 Forest Meadows & Adjacent areas 086 Recv. Feas. Rpt. & Calling Pub. Hearing on Improv. of Streets, proj. 95-9 in Forest Meadows & Adjacent areas. 087 5\16\ 6/6/95 6/6/95 Accepting Bids & Awarding Contract for Improvmt. of Proj.95-3 , Cracksealing in area of South Central Area of City 088 6/6/95 Approving change order *1 to proj.94-22 for Improv. of SS, WM,Strt.,& Storm in area of Crown pointe East 089 6/6/95 Approving change order *1 to Proj. 94-2 for Improv. of SS, WM, Strt & Storm in area of woodland ponds 2nd Addition 090 6/6/95 Approving change Order *1 Proj. 93-30 for Improv. of SS, WM,Strt & Storm in Bunker Lake Blvd. Frontage Road Area 091 6/6/95 Approving change Order *5 Proj. 93-12 for Improv. of SS, WM, Strt & Storm in Area Hills of Bunker Lake 5th Addition 092 6/6/95 Vacating Drainage & Util.Easemnt to Allow Construe. of Pool on Lot 10,Block 4,Pinewood Estates 2nd Addition 093 6/6/95 Ordering Improv. of Streets, proj.95-7 in Oak Hollow area & Directing Prep of Final plans and Specs. 094 6/6/95 Accepting Bids & Award Contracts for Improv. Proj. 93-7 for Irrigation construe. in area of City Hall Park Complex 095 Approving Final Plat of Eldorado Est. being Dev. by Jed & Peggy Larson in Sec.7,Twnsp 32,Rnge 24 Anoka County 6/6/95 096 6/6/95 Classltylng DOg ownea r"" patricia Knoll, 17506 Verdin st.NW as a "Biting Dog" 097 6/6/95 Granting the Special Use Permit request of Michael & Sue Bleeker to operate a Commercial Greenhouse on property at 16473 valley legally described on Exhibit A the Dr. , 098 6/6/95 1/7<;1 y;(57 7- /(-'1.5~ Renewing special use permit request of Riverdale Church to be located at 1657-161st Ave.NW (PIN 15-32-24-14-0001) 099 6/6/95 Approving final plat of Timber Meadows 3rd Add. developed by Woodland Dev. Co. in Sec. 17, twnshp 32, Range24, Anoka County 100 Approve final plat of Woodland Meadows 2nd Add. dev. by Woodland Dev. Co. in Sec. 10, twnshp 32, range 24, Anoka County 101 6/20/95 6/20/95 Approve Change Order #94-1 for improv. of construction in City Park Complex #1 U to proj. lighting Hall 102 6/20/95 Approve change Order #1 to Proj. #94-18 for improv. of SS, WM, & apprutenances for construction in area Sec. 22 trunk sewer & watermain 103 6/20/95 Declare adequacy of petition & order prep of feas. report for improv. of street construe., proj. #95-10 in Hawk Ridge/ Countryview Estates 104 Declare adequacy of petition & order prep of a feas. report for improv. of street construct. proj. #95-11 in 181st Ave. West of Tulip St. 105 Adopt assessment roll for improv. of sS,wm,st,storm sewer & appurtenances proj. #93-5, Winslow Hills 3rd Add. 106 6/20/95 6/20/95 5/16/95 Order improvement of streets proj. #95-9 in Forest Meadows area & dir. prep. of final plans & specs. 107 6/20/95 Order improv. proj. 95-2 in NW area of street lighting Crosstown Dr. 108 6/20/95 DESCRIPTION NO. DT ~ RES. NO. Receiving Feas. Report & calling Public Hearing on Improvements of Steets, proj. 95-10 in Hawk Ridge & Countryview Estates area 109 7/5/95 Authorizing the Transfer of Funds dedicated to Debt Service Payments from Water Trunk area & Sewer Trunk area connection charges assessed w/various Capital Improvement projects 110 Approving Change order *1 to proj. 95-01 for Improve- ment of S.Sewer, WM, & Appurtenances for Const. in area Woodland Creek 5th 111 7/5/95 7/5/95 Approving Change Order *2 to proj. 94-18 for Improv. of S.Sewer, WM, and Appurtenances for Const. in area Sect. 22, Trunk Sewer & Watermain 112 7/5/95 vacating Drainage & utility Easement on Lot 3, Block 5, Timber Meadows 2nd Add. 113 7/5/95 Approving P.P1at of Andover Center 2nd Add being dev. by Willliam C. & Karen L. Rademacher located in Sect. 32, Township 32, Range 24, Anoka County, MN 114 Approving Final plat of Andover Center 2nd Add. being developed by William C. & Karen L. Rademacher in Sect. 32, Town. 32, Range 24, Anoka cty 115 Denying Special Use Permit Request of Matthew Larson to Const. Accessory Structure prior to Principal Structure on property located at Pinewood Est. 2nd Add. 116 7/5/95 7/5/95 7/5/95 Granting Lot Split & Variances Requested by Shirley Lefebvre to create Two (2) Parcels pursuant to Ord. # 40 117 7/5/95 ~-I- q{ 111&D1h Approving Variance Request of Durwood & lorna Sagvold to Ord. *8, Sect. 6.02 118 7/5/95 DESCRIPTION NO. Dl' ' RES. NO. Adopting Assess. Roll for Iprov. of S.Sewer, WM, st., & Storm Sewer, Proj. 93-11, Emerald Glen 119 7/5/95 Ordering Prep. of Feas. Report for Improv. of Well *6 proj. *95-12, in City of Andover 120 7/18/95 Ordering Improv. of Seal- coating proj. 95-4 & Direct. Prep. of Final plans & Specs. 121 Accepting Work & Directing Final Payment to Klein Elec. Inc. for proj. 94-1 for Improv. of Lighting in area of City Hall Park Complex * 1 122 7/18/95 7/18/95 Approving Revised P.plat & Grading/Drainage/Erosion Control Plan of woodland Meadows 2 Add. located in Sect. 10, Town. 32, Range 24,Anoka cty 123 7/18/95 Approving Revised F. Plat of Woodland Meadows 2nd Add. in Sect. 10, Town. 32 Range 24, Anoka County 124 Ordering Improv. of Fencing proj. 93-7 & Directing Prep. of Final plans & Specs 125 Approving Final Plans & Specs & Ordering Advert. for Bids for proj. 95-4, Seal coating 126 Ordering Improv. of streets Proj. 95-10 in Hawk Ridge/ Countryview Estates area & Direct. Prep. of Final Plans & Specs. 127 Granting Special Use Permit Request of Andover Firearms & Shooting Supplies to Allow for the Operation of a Gun Shop located at 1714 Bunker Lk Blvd NW 128 7/18/95 7/18/95 7/18/95 7/18/95 7/18/95:::1///1% :Jst <;-;/- 95 Granting Lot Split Request of Carl Franzen to Create Two Parcels 129 7/18/95 S~;:;;)"q1 P.7ff/l/i DESCRIPTION NO. DN" RES. NO. Approving Variances Requested by Don Jensen to Allow for Construction of Garage Add. on Single Family Residence on Non-Conforming Parcel - 3940 South Enchanted Drive 130 7/18/95 Approving Variance Requiest of Charles Rowley to Ord. 8, Sect. 6.02 Which Requires a 30' Rearyard Setback - 996 140th Lane NW - Hills of Bunker Lake 5th Add. 131 7/18/95 Approving Final plans & Specs & Ordering Advertisement for Bids for proj. 95-7, 95-9, and 95-10, Oak Hollow, Forest Meadows & Hawk Ridge/ Countryview Estates area for Street Const. 132 7/18/95 Designating Locations for Temporary NO PARKING Zones During the Burnet Senior Classic Golf Tournament for 7 Days, Which is Automatically Renewable from Year to Year held at Bunker Hills Golf Course 133 7/18/95 Amending Resolution No. 038-95 Which Revised Res. # 189-92 Authorizing Certain Employees to Sell, Assign, Transfer and/or Deliver Funds 134 7/18/95 Accepting Work & Direct. Final Payment to County of Anoka for proj. 91-22 & 91-28 for Improv. of S.Sewer, WM, Storm Sewer, Streets, Sidewalks & Signals in area along Round Lk Blvd NW from 133rd Ave to 140th Ln & Bunker Lk Blvd from Blackfoot St to Marigold Street 135 8/1/95 Approving Change Order #4 t~ Proj. 94-2 & 94-17, Woodland Ponds 2nd Add. & Quickstrom's Add. 136 8/1/95 Approving Change Order #2 to proj. 94-22, Crown pointe East 137 8/1/95 Approving Change Order #3 to Proj. 94-18, Sect. 22 Trunk Sewer & Watermain 138 8/1/95 DESCRIPTION NO. DAr - RES. NO. Approving Change Order #2 to proj. 93-30, Bunker Lk Frontage Rd - phase 2 139 Ordering Prep. of Feas. Report for Improv. of WM, Storm Sewer & Streets Proj. 95-14, in Crooked Lk Blvd area 140 8/1/95 8/1/95 Establishing Fees for Licensing of Therapeutic Massage Establishments & Massage Therapists 141 Approving Variance Request of Susan Portugue to Ord. # 8, Sect. 6.02 which Requires a Forty Foot Sideyard Setback form a St. to allow for Const. of a Three Season Porch & Deck on a Single Family Residence that enchroaches 20' feet into required Setback at 3931 - 158th Ave NW 142 8/15/95 8/15/95 Amending Res.# 072-95 Authorizing the Issuance of $2,605,000 General Obligation Improvement Bonds, Series 1995A 143 8/15/95 Amending Res. # 073-95 Authorizing the Issuance of $515,000 General Obligation Equipment Certificates of Indebtedness, Series 1995C 144 8/15/95 Designating entire West Drive No Parking along Side of Tower 145 8/15/95 Rejecting Bids for Improvement of Proj. 95-4 for Seal coating Construction 146 8/15/95 Accepting Bids & Awarding Contract for Improvement of proj. 95-7, 95-9, & 95-10 for Street Construction 147 8/15/95 Declaring Adequacy of Petition & ordering Prep. of Feas. Report for Improvements of Pond Aeration in Winslow Hills 3rd Addition 148 8/15/95 Approving change Order #6 to proj. 93-12, Hills of Bunker Lake 5th Add. 149 8/15/95 DESCRIPTION NO. DAT' RES. NO. Establishing an Operating Policy for Government Access Channel 16 150 8/15/95 Approving Change Order *2 to Proj. 94-10, 94-8, and 94-5 151 8/15/95 Approving Change Order *2 to proj. 94-9, 94-6, 94-7, and 93-30 152 8/15/95 Calling Public Hearing on the proposed Adoption of a Modification of the Development Program for Development District No. 1, & Proposed Adoption of a Modification of the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1 & 1-2 153 8/15/95 Providing for Competitive Negotiated Sale of of $6,066,000 General Obligation Tax Increment Bonds, Series 1995D liffro()'(. '5Uff(!j,'(.'O~e5jl J:n- I......... b e-4M'''''' .s l"tL.o,J I c1fI- /,/O'1h J(~-- _OH 154 8/15/95 /Sg' 9-5 - 7'5 /tP-I;;'- fS' #//ii1,J/O Designating No Parking on both sides of 172nd Ave NW from West property Line of Lot 14, Block 8, Woodland Meadows in East Property Line of Park in Woodland Meadows 156 8/15/95 Denying Revised P. Plat of Crown pointe being developed by Ashford Development Corp. located in Sect. 26, Town. 32, Ran e 24, Anoka Count 157 A r()O~ ce I dM.-eOcc(,NfArIO~ 15"7.4 Ca ling Public Hearin on Proposed Adoption of a Modification of Development Program for Development District No.1, & Proposed Adoption of a Modification of Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1 & 1-2 +5'& 1.55' 8/15/95 1',~- 95"" 10.IY10 7313 8/15/95 Granting Special Use Permit Request of Karolyn Rucks to Operate an In-Home Beauty Salon at 840-146th Ln NW 159 9/5/95 16-11. q6" #- //g 73/1 DESCRIPTION D1\" NO. Adopting City of Andover 1996 Proposed Property Tax Levy to be Certified to the County Auditor & Establishing proposed Budget for the General Fund 160 9/5/95 Rejecting Feas. Report on Improv. of Bituminous St Const. proj. 95-11 in the 181st Ave West of Tulip st area 161 Designating No parking along Bunker Lk Blvd Service Rd NW Between Jay st & Grouse St & along Grouse St Between Bunker Lk Blvd Service Road & Commercial Blvd located in Sect. 34, Town. 34, Range 24 162 9/5/95 9/5/95 Declaring Adequacy of Petition & Ordering Prep. of Feas. Report for Improv. of WM proj. 95-19, in 13748 Rd Lk Blvd area 163 9/5/95 Approving Change Order #1 to Proj. 95-3, Crack Sealing 164 Declaring Adequacy of Petition & ordering Prep. of Feas. Report for Improv. of St. Const., Proj. 95-22 in Verdin Acres Area 165 9/5/95 9/5/95 Ordering Prep. of Feas. Report for Improv. of St. Const. Proj. 95-22, in Verding Acres Area 166 9/5/95 Ordering Improv. of St., S.S., WM, S.Drain & Appurtenance, Proj. 94-33 in Commercial Blvd Ext. area & Directing Prep. of Final plans & Specs. 167 Rejecting the Petition for Navajo St, 175th Ave & 173rd Ave for Improv. of Bituminous St Const. 168 9/5/95 9/5/95 Approving Variance Requested by Doug & Beth Frye to allow Const. of 12' x 20' Accessory Structure on property Located at 2721-134th Ave NW 169 9/5/95 For Hearing on Proposed Assessment for Improvement for Project 93-5 170 9/5/95 RES. NO. DESCRIPTION NO. DP RES. NO. Approving Final plans & Specs & Ordering Advertisement for Bids for Proj. 94-32, Well #5 (Phase II) for Pumphouse Construction 171 9/19/95 Accepting Work & Directing Final payment to RO-SO Contract. for proj. 93-10 for Improv. of S.Sewer, WM & Storm Sewer in area of SuperAmerica 172 Declaring Cost & Directing Prep. of Assessment Roll for Improv. of S.Sewer & WM, for Proj. 94-11, Andover Center 173 For Hearing on Proposed Assess. for Improvement for Proj. # 94-11 174 9/19/95 9/19/95 9/19/95 Declaring Cost & Directing Prep. of Assessment Roll for Improvement fo Watermain, for proj. 94-21, 13920 Crosstown Blvd NW 175 9/19/95 For Hearing on Proposed Assessment for Improvement for Proj. 94-21 176 9/19/95 Declaring Cost & Directing Prep. of Assess. Roll for Improv. of WM, for Proj. 94-27, 14268 Woodbine st NW 177 9/19/95 For Hearing on Proposed Assess. for Improv. for Proj. 94-27 178 9/19/95 Declaring Cost & Directing Prep. of Assess. Roll for Improv. of S.Sewer, For Proj. 94-29, 1519-148th Ln NW 179 9/19/95 For Hearing on Proposed Assess. for Improv. for proj. 94-29 180 9/19/95 Declaring Adequacy of Petition & Ordering Prep. of Feas. Report for Improv. of WM Proj. 95-6 in 3541-135th Ln NW, 3542-135th Ln NW & 3543-136th Ave (ACCAP Properties) area. 181 Accepting Feas. Study, Waiving Public Hearing, Ordering Improv. & Directing Prep. of Plans & Specs for Improv. of Proj. 95-6 for WM in area 3541, 3542 & 3543 - 136th Ave NW (ACCAP Properties) 182 9/19/95 9/19/95 DESCRIPTION NO. DF' RES. NO. Declaring Cost & Directing Prep. of Assess. Roll for Improv. of WM, for proj. 95-6, (ACCAP properties) 183 9/19/95 For Hearing on Proposed Assess. for Improv. for proj. 95-67 184 9/19/95 Accepting Feas. Study, Waiving Public Hearing, Ordering Improv. for Improv. of Proj. 95-19 for WM in 13748 Round Lk Blvd NW 185 9/19/95, Declaring Cost & Direct. Prep. of Assess. Roll for Improv. of WM, for proj. 95-19, 13748 Rd Lk Blvd NW 186 9/19/95 For Hearing on Proposed Assess. for Improv. for Proj. 95-19 187 Setting Fees for On-Sale Intoxicating Liquor Licenses & Off-Sale Intoxicating Liquor Licenses 188 9/19/95 9/19/95 Approving Variance Request of Loren Kuch to Ord.8, Sect. 4.21 - Fence Minimum Setback - on Property at 14015 partridge St NW 189 S",(e. 0+ ~ o~~ ~(4~)~~ J ~'1 S"t> 9/19/95 ''10 Accepting Proposal on Competitive Negotiated Sale of $6,055,000 General Obligation Tax Increment Bonds, Series 19950, providing for Their Issuance, & Pledging for the Security thereof Tax Increments 192 't('<ih$" 9/19/95 Approving Special Use Permit of WCR Liquors, Inc - Off-Sale Liquor Store(G-Will Liquor) at L-l, B-1, Andover Center Second Addition 193 10/3/95 .5 .()J~91 1:J.78JH Approving Special Use Permit Request of Hope Lutheran Church to be located at L-l&2, Block 2, Timber Meadows Third Add 194 10/3/95 /o-3a.9s j/g-9YC.S' DESCRIPTION NO. D! RES. NO. Granting Special Use Permit Request of Contractor property Dev. Co. to Erect Area 1.0. Sign on L-8, B-3, Foxberry Farms 195 ::JI 10/3/95 /0' /7-f's' 1/!J'13/')-- Declaring Cost & Directing Cost & Direct. Prep. of Assess. Roll for Improv. of S.Sewer, WM, Storm Sewer & Streets Proj. 94-6, Hartfiel's Estates 196 10/3/95 For Hearing on Proposed Assessment for Improv. for Proj. 94-6 Declaring Cost & Direct. prep. of Assess. Roll for Improv. of S.Sewer, WM, Storm Sewer & Streets, proj. 94-3, 140th Lane NW 198 197 10/3/95 10/3/95 For Hearing on proposed Assess. for Improv. for Proj. 94-3 199 10/3/95 ~ec..,i~i,,:::> ~- '~~, f(ojo "1'1-33 ~ glut !;,.,'t- :JcO Declaring Cost & Directing Prep. of Assess. Roll for Improv. of S.Sewer, WM & Storm Sewer, Proj. 93-10, SuperAmerica 201 "/'3115 10/3/95 For Hearing on Proposed Assess. for Improv. for Proj. 93-10 202 Declaring Cost & Directing Prep. of Assess. Roll for Improv. of WM, for proj. 94-5, SuperAmerica 203 10/3/95 10/3/95 Hearing on Proposed Assess. for Improv. for proj. 94-5 204 Declaring Cost & Direct. Prep. of Assess. Roll for Improv. of Trunk Sanitary Sewer & Trunk watermain, for proj. 94-18, Section 22 (new School & Expansion of Elementary School 205 10/3/95 10/3/95 Hearing on Proposed Assess. for Improv. for Proj. * 94-18 206 10/3/95 DESCRIPTION NO. Dl Approving Change Order *1 to Proj. 94-32, Well *5 207 10/3/95 Accepting Work & Directing Final payment to E.H. Renner and Sons, Inc. for proj. 94-32 for Improv. of Well *5 208 Approving Final Plans & specs & Ordering Advertisement for Bids for Proj. 93-7, City Hall Park Complex *2 for phase III Fencing Construction 209 Adopting Assess. Roll for Improv. of S.Sewer, WM, Street storm Sewer & Appurtenances Proj. 93-5, Winslow Hills 3rd Addition 210 10/3/95 10/3/95 10/3/95 Approving Variance Request of Kent Allen to Ord. 8, Sect. 6.02 at 12 - 177th Ave NW 211 10/17/95 Accepting Work & Directing Final Payment to Bituminous Consult. & Contact. Co., Inc./Pate Bonding Co. for proj. 94-25 for Improv. of Trails, parking Lot, Etc. in Kelsey-Round Lake Park 212 10/17/95 Approving Revised preliminary plat of Andover Center 2nd Add. being Developed by william C. & Karen L. Rademacher,in Sect. 32, Town. 32, Range 24, Anoka County, MN 213 Approving Revised Final plat of Andover Center 2nd Add. Being Developed by William C. & Karen L. Rademacher in Sect. 32, Town 32, Range 24, Anoka County, MN 214 Approving change Order *1 to Proj. 95-10, Hawk Ridge/ Countryview Estates 215 Declaring Cost & Directing Prep. of Assess. Roll for Improvement of S.Sewer, WM, Streets & Storm Sewer, for Proj. 94-2, Woodland Ponds 2nd Addition 216 10/17/95 10/17/95 10/17/95 10/17/95 Adopting Assess. Roll for Improv. of S.Sewer, WM, Streets and Storm Sewer proj. 94-2, Woodland Ponds 2nd Addition 217 10/17/95 RES. NO. DESCRIPTION NO. Df Approving Change Order *3 to proj. 93-30, Bunker Lk Blvd Service Road - phase 2 218 10/17/95 Declaring Cost & Directing preparation of Assess. Roll for Certification of Delinquent utility Services Charges 219 10/17/95 For Hearing on Proposed Assess. of Delinquent Sewer, Water and/or Street Light charges 220 10/17/95 Designating Juran & Moody, Inc. as a Supplemental Depository of City Funds 221 10/17/95 Ordering Improv. of Demolition of structures, proj. 94-31 in 1860 & 64 Bunker Lake Blvd NW area & Directing prep. of Final Plans & Specifications 222 10/17/95 Approving Final Plans & Specs. & Ordering Quotes for proj. 94-31, for Demolition of Structures (1860 & 64 Bunker Lake Blvd NW 223 10/17/95 Accepting Bids & Awarding Contract for Improv. of proj. 33-7 for Fencing Const. in area of City Hall Park Complex *2 224 10/17/95 Accepting Work & Directing Final Payment to Bergman Co. for proj. 95-3 for I~prov. of Crack sealing in area of City of Andover 225 Accepting Bids & Awarding Contract for Improv. of proj. 94-32 for Well *5 (Phase 2 - Pumphouse Construction) Construction 226 10/17/95 10/17/95 Accepting Work & Directing Final Payment to W.B. Miller, Inc. for proj. 94-2 & 94-17 for Improv. of S.Sewer, WM, Storm Sewer & Streets in Woodland pnds 2nd Add. & Quickstrom's Addition 227 10/17/95 Adopting Assess. Roll for Improv. of S.Sewer & WM proj. 94-11,Andover Center 228 Adopting Assess. Roll for Improv. of WM Proj. 94-21, 13920 Crosstown Drive NW 229 10/17/95 10/17/95 RES. NO. DESCRIPTION NO. DAT" RES. NO. Adopting Assess. Roll for Improv. of WM Proj. 94-27, 14268 Woodbine st NW 230 10/17/95 Adopting Assess. Roll for Improv. of Proj. 94-29, 1519 - 148th Ln NW 231 10/17/95 Adopting Assess. Roll for Improv. of WM Proj. 95-6, 3541 - 135th Ln NW, 3542 - 136th Ave NW & 3543 - 136th Ave NW 232 10/17/95 Adopting Assess. Roll for Improv. of WM Proj. 95-19, 13748 Round Lk Blvd NW 233 10/17/95 Declaring Adequacy of Petition & Ordering Prep. of Feas. Report for proj. 95-25, in 1529 - 148th Ln NW area 234 11/07/95 Accepting Feas. study, Waiving Public Hearing, Ordering Improv. of project 95-25 at 1529 - 148th Ln NW 235 11/07/95 Calling for Redemption of Outstanding General Obligation Improvement Bonds of 1985 236 11/07/95 Accepting Work & Directing Final payment to precision Pavement Marking for Proj. 95-17 for improv. of Pavemenmt Markings on various streets in Andover 237 11/07/95 Approving Change Order *4 to Proj. 93-30, BUnker Lake Blvd Service Road 238 11/07/95 ACcepting Work & Directing Final payment ot Hydrocon, Inc. for Proj. 93-30 for Improvement of S.Sewer, WM, St. & storm Sewer in area of Bunker Lk Blvd Service Road phase 2 239 11/07/95 Approving Change Order *3 to Proj. 94-10 (Jonathan Woods), 94-8 (Foxberry Farms) & 94-5 (SuperAmerica) Add. Watermain 240 Adopting Assess. Roll for Improvement of S.Sewer, WM, Storm Sewer & Streets proj. 94-6, Hartifel's Estates 241 11/07/95 11/07/95 Adopting Assess. Roll for Improv. of Storm Sewer & Streets proj. 94-3, 140th Ln NW 242 11/07/95 DESCRIPTION NO. D'"1;; RES. NO. Adopting Assessment Roll for Improv. of s.Sewer, WM & St. Sewer proj. 93-10, SuperAmerica 243 11/07/95 Adopting Assess. Roll for Improv. of Watermain proj. 94-5, Super- America 244 11/07/95 Adopting Assess. Roll for Improv. of Trunk Sanitary Sewer & Trunk watermain proj. 94-18, Sect. 22 245 11/07/95 Adopting Assess. Roll for the Certification of Delinquent Sewer, Water and/or st. Lighting Service Charges 246 Approving Variance Request of James Martensen to Ord. 8, Sect. 4.03, Non-Conforming Uses or Structures at 14905 Crosstown Blvd NW 247 11/07/95 11/07/95 Approving P.Plat of Nightingale Ridge being Developed by North Suburban Development located at Sect. 15, Township 32, Range 24, Anoka County 248 Approving Change Order #3 to Proj. 94-9 (Foxwoods), 94-6 (Hartfiel's Estates), 94-7 (Sharon'S 2nd Add.), Pond "CO & 93-30 (Bunker Lk Blvd Service Rd). 249 11/07/95 11/07/95 Approving Change Order #3 to proj. 94-22, Crown pointe East 250 11/07/95 Approving Change Order #7 to proj. 93-12 Hills of Bunker Lake 5th Add. 251 11/07/95 Accepting Work & Directing Final payment to Sundman Paving & Sealcoating, Inc. for proj. 95-13 for Improv. of Park Trails in Hidden Creek East, Hidden Creek North & Bunker Hills West area 252 11/07/95 Granting the special use p~Pmit request of the Anoka Hennepin I.S.D.#11 to install a 10,000 gallon underground storage tank for the bulk storage of liquidfuel (fuel oil) on the property located at 15400 Hanson Blvd. N,W. 253 12/05/95 /-/l-ft /;Z!JevfS ---'-..."....r~~vJ.... - NO. )ATE RES. NO. Authorizing the Mayor and City Clerk to complete the necessary forms to reconvey to the State of Minnesota a parcel of land acquired by the City of Andover for public purposes and to repurchase the property for private sale by the city. 254 12/05/95 Approving the final street and storm sewer construction of Wittington Ridge as being developed by Ashford Development. 255 12/05/95 ( On Dec. 12, 1995, the County Board of Anoka County intends to adopt a resoltuion revising designation of cty State Aid Highway Numbers 7,16,78 and 116 within the corporate limits of the City of Andover ' 256 12/05/95 Approving Change Order #1 to Project No. 93-7 City Hall Park Complex #2/Irrigation 257 12/05/95 Approving Change Order #1 to Project No. 93-7, City Hall Park Complex #2/Fencing. 258 12/05/95 -~..- Approving the preliminary plat of Devonshire Estates as being developed by Dave Harris, located in section 24, range 24, Anoka County. 259 12/05/95 Granting the lot split request of Kenneth Borchardt and Alexander Ralston to create two (2) parcels pursuant to Ordinance No.40. 260 12/ 1 9/95 )-/7- 9~ poo;lf? Approving the City of Andover right-of-way plat No.4 located in section 34, Township 32, Range 14, Anoka County. 261 Establishing the 1996 General Fund Budget. 262 12/19/95 12/19/95 Establishing the 1996 levy to be certified to the county Department of Property Tax Administration by the City of Andover. ( 263 Adopting the 1996 L.R.R.W.M.O. Budget. 264 12/19/95 12/19/95 Establishing the 1996 Water Fund, Sewer Fund, Permanent Improvement Revolving Fund,and Central Equipment Fund budgets. 26ft 12/f'l/95 DESCRIPTION NO. E Approving the Preliminary Plat of Rolling Meadows Estates as being developed by TSM Development, Inc. located in Sec~ion 12, Township 32, Range 25, Anoka County. 266 12/19/95 Denying the Special Use Permit requist of Alma Castro to allow for the operation of a home occupation (store equipment and good for overseas shipmnet) in an accessory structure on the property located at 2648 South Coon Creek Dr., 267 12/19/95 Setting rates for permits, donnection fees, services and water usage pursuant to Ordinance No. 55, Section 3 and Resolution No. 101-81 268 12/19/95 Establishing permit fees and service charges to by collected th the City of Andover and amending resolution No. 307-94 setting forth such fees. 269 12/19/95 Establishing service charges in 1996 to be collected 270 12/19/95 Resolution setting fees for permits, rezoning, special use permits, special use permits, variances, platting, license fees, lot splits, rental fees and various other fees. 271 12/19/95 Ordering condemnation for right-of way and: temporary easements that are necessary for project 94-33, Commercial Blvd. extent ion. 272 12/19/95 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 001-95 A RESOLUTION REVISING THE AUTHORITY OF THE TREASURER TO PAY CLAIMS. WHEREAS, the 1993 Legislature passed into law the State Auditor's bill, Chapter 315 (S.F. 580) which provides for the delegation of authority to pay claims to certain administrative officials; and WHEREAS, the City Council recognizes the need to pay claims of the city in a prompt and prudent manner while exercising frequent review and approval of said claims; and WHEREAS, the City Council adopted Resolution R181-93 on August 3, 1993 delegating the authority to pay claims up to $5,000 per vendor to the Treasurer; and WHEREAS, the need to raise the per vendor limit to $10,000 to promptly pay various claims of the City to meet discount dates or avoid late payment fees is prudent. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby authorizes the Treasurer to pay claims and bills not to exceed $10,000 per vendor prior to City Council review. Said claims and bills must be presented for City Council review at the next regularly scheduled Council meeting. Adopted by the City Council of the City of Andover this 3rd day of January , 1995. CITY OF ANDOVER Attest: Ii r }Jk<~ jt.E. McKelvey - Ma or Lt7~ I,/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 002-95 A RESOLUTION AUTHORIZING THE CITY OF ANDOVER TREASURER TO WIRE TRANSFER FUNDS FROM ALL BANK ACCOUNTS AT THE CITY'S OFFICIAL DEPOSITORY WITHOUT REQUIRING A SECOND APPROVAL. WHEREAS, the City of Andover annually adopts by resolution the official depository for City monies; and WHEREAS, resolution R018-91 adopted February 5, 1991 authorized the Treasurer to wire transfer fund from First National Bank of Anoka, know known as Norwest Bank, without a second authorization; and WHEREAS, the City of Andover periodically desires to transfer funds to other financial institutions or bond paying agents through the use of electronic wire transfers in an efficient and uncomplicated manner; and WHEREAS, the dollar amounts for wire transfers are larger than the City of Andover authorizes the Treasurer to act on the City'S behalf to pay claims up to and including a $10,000 per vendor limit prior to Council review. NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the Treasurer to wire transfer funds from the official City depository for the purpose of investment placement and/or payment of bonded debt without a second approval. BE IT FURTHER RESOLVED that wire transfers must be approved for internal control procedure by the Finance Director with documentation kept for permanent record of the transactions. Adopted by the Andover City Council on the 3rd day of January, 1995. CITY OF ANDOVER &~ t{~b Victor~a vol - City Clerk j: f J%. k:~~ (ll. E. McKelvey - yor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R003-95 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 depositories for 1995 are the Anoka office of Norwest Bank Minnesota, N.A. and the Andover office of Firstar Bank of Minnesota, N.A. BE IT FURTHER RESOLVED that Norwest Investment Services Inc., the Minnesota Municipal Money Market Fund, Firstar Trust Co. of Minnesota, First Bank Minneapolis, FBS Investment Services Inc., Twin City Federal Savings and Loan, Merrill Lynch, Pierce, Fenner and Smith Inc., Dain Bosworth Inc., Dean witter Reynolds Inc., Piper Jaffray Inc., Fidelity Investments, Smith Barney Shearson Inc., paineWebber Inc., and Investment Emporium in conjunction with Royal Alliance Associates, Inc. be designated as additional depositories for 1995 for investment and cash management purposes only. BE IT STILL FURTHER RESOLVED that the Treasurer of the City of Andover is hereby designated as the approval 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 3rd day of January, 1995. CITY OF ANDOVER j -+- l /J,f Y'.Yh'/"J-.L-,fJ t~v?V V1ctoria Volk - City Clerk ~,f $& ~Lij ~. E. McKelvey ~Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R004 -95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ROBERT PADDOCK TO OPERATE A HOME OCCUPATION (BUILD FIREPLACE SURROUNDS AND CABINETRY) IN AN ACCESSORY STRUCTURE ON THE PROPERTY LOCATED AT 2439 SOUTH COON CREEK DRIVE, LEGALLY DESCRIBED BELOW. WHEREAS, Robert Paddock has requested a Special Use Permit to operate a home occupation (build fireplace surrounds and cabinetry) in an accessory structure as specified in Ordinance No. 8, Section 4.30, on the property located at 2439 south Coon Creek Drive, legally described as follows: The East 496.5 feet as measured along the South line thereof, of the Southeast Quarter of the Northeast Quarter of Section 28, Township 32, Range 24, lying South of the centerline of County Ditch No. 57, also known as Coon Creek, Anoka County, Minnesota. WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets the intent of the criteria of Ordinance 8, Sections 4.30 and 5.03; 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; and WHEREAS, the use is consistent with the Comprehensive plan and is determined to be an allowed use. WHEREAS, there is no impact on governmental facilities and services. WHEREAS, the use should have no negative effects on the sensitive environmental features. 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 & Zoning Commission to allow Robert Paddock to operate a home occupation (build fireplace surrounds and cabinetry) in an accessory structure on said property with the following conditions: 1. The size of the lot shall be three (3 a.) acres or larger. 2. The specific location and size of the structure and/or outside storage area shall be as allowed by the City. 3., The combined square footage of the accessory structure and outside storage area shall not exceed 800 square feet. Page Two Paddock - Special Use Permit 2439 South Coon Creek Drive January 3, 1994 4. Setbacks of the accessory structure and/or outside storage area shall be of a magnitude found necessary by the City, but in no case shall it be less than a 100 foot front yard setback, thirty (30') foot sideyard setback and a 50 foot rear yard setback or as required in section 6.02. 5. The outside storage area and all vehicles, materials and equipment being stored there shall be fenced, landscaped and screened in such a manner as to prevent it from being visible at any time of the year from road rights-of-way, public properties and surrounding properties. 6. The number of employees shall be limited to one person on site in addition to family members. 7. On-site sales shall be prohibited, except those clearly incidental to services provided in the accessory structure. 8. Vehicles associated with the home occupation shall be limited to one (1) vehicle on the premises and as set out in Section 8.08 of Ordinance No.8. 9. Unusual parking and traffic patterns shall not be created, which are not normally found in the neighborhood, and in no case, shall the need for more than three (3) additional vehicles be created on the property. 10. Signs shall be regulated as set out in Section 8.07 of Ordinance No.8. 11. The Special Use permit be subject to a one (1) year sunset clause as defined in Ordinance No.8, Section 5.03 (D). 12. The City may at any time inspect the home occupation and revoke the Special Use Permit if the applicant is not adhering to the permit and the conditions of the pe rmi t. 13. The Special Use Permit is contingent upon the purchase of property by Mr. Paddock. Adopted by the City Council of the City of Andover on this 3rd day of January, 1995. ATTEST: ~~~a~ V~ctor~a Vol , City Clerk CITY OF ANDOVER cI-' t. Jll c.-~~'ii;Jo . E. McKelvey, M or CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 005-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 93-30, FOR SANITARY SEWER, WATERMAIN, STREET, STORM SEWER AND APPURTENANCES CONSTRUCTION IN THE AREA OF BUNKER LAKE BOULEVARD FRONTAGE ROAD WHEREAS, pursuant to Resolution No. 293-94, adopted by the City Council on the 6th day of December , 19 94 , TKDA has prepared final plans and specifications~ Project 93-30 for sanitary sewer, watermain, street, storm sewer and appurtenances construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 17th day of January 19 95 NOW, THEREFORE, BE IT RESOLVED by the City Council 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 , Tuesday February 28 ,19~ at the Andover City Hall. MOTION seconded by Councilmember adopted by the City Council at a Knight regular and meeting thi s 17th day of January , 19~, with Councilmembers MCKelvey, and Councilmembers none voting in favor of the resolution voting against Dehn, Knight, Kunza, Jacobson same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: % f @v)(.J~~ yo. E. McKelvey - m:lyor ([z:~ tf~ V1ctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 006-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #4 TO PROJECT NO. 93-12 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA HILLS OF BUNKER LAKE 5TH ADDITION. WHEREAS, the City of Andover has a contract for Project No. 93-12, Hills of Bunker Lake 5th Addition with C.W. Houle, Inc. of Shoreview, Minnesota. 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 Counci1member Knight and adopted by the 17th day City Council at a regular meeting this of January , 19 95 ,with Councilmembers McKelvey, Kunza, Dehn, Knight, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER L~vtl~ victoria Volk - City Clerk y. t h?c:,t:e~ ~. E. MCKelvey - or ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 007-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ABANDONING THE IMPROVEMENT OF STREET AND STORM SEWER , PROJECT NO. 94-16 IN THE TULIP STREET NW BETWEEN l61ST AVENUE NW TO 168TH LANE NW AREA. WHEREAS, Resolution No. 303-94 of the City Council adopted on the 20th day of December , 19~, fixed a date for a public hearI"i'i"gT and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 17th day of January , 19~; 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 abandon improvement project NO. 94-16 MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 17th day of January , 19 95 , with Councilmembers Jacobson, Knight, MCKelvey, Dehn, Kunza resolution, and Councilmembers voting in favor of the none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ; E; M~1~0~;or Ui-~ Jv-Ib Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 008-95 A RESOLUTION APPROVING THE REVISED PLAN OF FOXBERRY FARMS CONTRACTOR PROPERTY DEVELOPERS COMPANY 32, RANGE 24, ANOKA COUNTY, MINNESOTA. GRADING/DRAINAGE/EROSION CONTROL AS BEING DEVELOPED BY IN SECTION 26, TOWNSHYP- WHEREAS, the Andover Review Committee has reviewed the revised grading/drainage/erosion control plan; and WHEREAS, Resolution No. 188-94 regarding the preliminary plat; and continue to be in force WHEREAS, the City Council approves the revised grading/drainage/erosion control plan with a revision date of November 29, 1994 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading/drainage/erosion control plan. Adopted by the City Council of the City of Andover this 17th day of January , 19~. CITY OF ANDOVER Lt~/ d-tZ Victoria Volk - City Clerk ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 009-95 A RESOLUTION ESTABLISHING AN ANNUAL USER FEE FOR THE USE OF FIELDS WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: The following fees are hereby established: Type of Fee Adult Rec Play Fee - Flat Rate $75 per team, per season $10 additional, per player, non-resident fee $0 per team, per season $0 additional, per player, non-resident fee Note: Includes the use of fields for both lighted and non-lighted. Youth Rec Play Field w/o Lights (Private Use) $15 Fee per hour $75 Fee per day $20 Fee per hour $100 Fee per day Field W/Lights (Private Use) Adopted by the City Council of the City of Andover this 17th day of January , 19 95. CITY OF ANDOVER ATTEST: 1-' {. !JJc-J(~ . E. McKelvey - May;f If ---;/-- I d,/ l/A..vC17~ U J--<::./J victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 010-95 A RESOLUTION ESTABLISHING SANITARY SEWER RATES AND SANITARY SEWER CONNECTION CHARGES, TO BE EFFECTIVE JANUARY 1, 1995 PURSUANT TO ORDINANCE NO. 32, RESOLUTION NO. R68-81, AND COUNCIL ACTION MAY 28, 1987. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVED: Pursuant to Ordinance No. 32, Resolution No. R68-81, and Council action of May 28, 1987, Sanitary Sewer User Rates and Sanitary Sewer Connection Charges are hereby established to be effective January 1, 1995 as follows: Sanitary Sewer Fund A $10.00jmonthjunit $14.00jmonth/unit $285.00junit connection $1,035/acre $40.00 + Surcharge Sanitary Sewer Fund B Connection Charges Sanitary Sewer Area Charges Hookup Permit Fee (sewer) A unit shall be as defined in Ordinance No. 32, or by determination of the Metropolitan Council. PASSED by the City Council of the City of Andover this 17th day of January , 1995. CITY OF ANDOVER ATTEST: j]. r );;;c- a~/ ~.E. MCKelvey - May~ tL~L-/ !i~ Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 011-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS ADVERTISEMENT FOR BIDS FOR PROJECT WATERMAIN, STREET AND STORM DRAIN CROWN POINTE EAST AND SPECIFICATIONS AND ORDERING NO. 94-22, FOR SANITARY SEWER, CONSTRUCTION IN THE AREA OF WHEREAS, pursuant to Resolution No. 229-94, adopted by the City Council on the 20th day of September, 19 94 , TKDA has prepared final plans and specifications-for project 94-22 for sanitary sewer, watermain, street and storm drain construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of October 19 94 NOW, THEREFORE, BE IT RESOLVED by the City Council 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 , Friday February 10 ,19~ at the Andover City Hall. MOTION seconded by Councilmember adopted by the City Council at a Dehn and regular meeting this 17th day of January , 19~, with Councilmembers Jacobson Knight, McKelvey, Kunza, Dehn voting in favor of the resolution voting against and Councilmembers none same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /: t ~~<~ , . E. MCKelvey - yor dJ-~J !/v.IL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 012-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *1 TO PROJECT NO. 94-2 & 94-17 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA WOODLAND PONDS 2ND ADDITION AND QUICKSTROM'S ADDITION WHEREAS, the City of Andover has a contract for Project No. 94- 2 and 94-17, woodland Ponds 2nd Addition and Quickstom's Addition with W.B. Miller, Inc. of Ramsey, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to project No. 94-2 and 94-17. MOTION seconded by Councilmember Kunza and adopted by the 17th day City Council at a regular meeting this of January , 19 95 ,with Councilmembers McKelvey, Dehn, Jacobson, Knight, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (J, p. ~J:~ d. E. McKe vey - yor ~J d~L Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 013-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #2 TO PROJECT NO. 94-2 & 94-17 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA WOODLAND PONDS 2ND ADDITION AND QUICKSTROM'S ADDITION WHEREAS, the City of Andover has a contract for project No. 94-2 and 94-17, Woodland Ponds 2nd Addition and Quickstom's Addition with W.B. Miller, Inc. of Ramsey, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-2 and 94-17. MOTION seconded by Councilmember Kunza and adopted by the 17th day City Council at a regular meeting this of January , 19 95 , with Councilmembers McKelvey, Knight, Kunza, Dehn, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER Lt-~ IJL/ Victoria Volk - City ~ { Ja,J;1~ . E. MCKelvey - ayor ATTEST: Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R014-95 A RESOLUTION APPROVING THE PARTICIPATION OF THE ANDOVER FIRE DEPARTMENT, IN COOPERATION WITH THE ANOKA COUNTY FIRE PROTECTION COUNCIL, IN SUBMITTING A PROPOSAL TO THE STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY TO BECOME A HAZARDOUS MATERIALS CHEMICAL ASSESSMENT TEAM. WHEREAS, the Andover Fire Department is a participant in the Anoka County Fire Protection Council's joint powers agreement which includes hazardous materials response; and WHEREAS, the Minnesota Department of Public Safety is soliciting proposals for the creation of Hazardous Materials Regional Response Teams and Chemical Assessment Teams; and WHEREAS, the Anoka County Fire Protection Council has decided to submit a proposal to become a Chemical Assessment Team; and WHEREAS, participation by the Andover Fire Department would be of benefit to the City of Andover. NOW, THEREFORE, BE IT RESOLVED that the Andover City Council does hereby direct the Fire Department to participate with the Anoka County Fire Protection Council in submitting a proposal for becoming a State Hazardous Materials Chemical Assessment Team. Adopted by the City Council of the City of Andover this 7th day of February, 1995. CITY OF ANDOVER Attest: 0, (. me- Jr:l,'fti ~.E. MCKelvey - Mayor ~i Victoria ~k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 015-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 94-32 FOR MUNICIPAL WELL i5 IN THE FOLLOWING AREA BEHIND THE PUBLIC WORKS GARAGE AND ADJACENT TO THE FUTURE ANDOVER MIDDLE SCHOOL WHEREAS, the City Council did on the 20th day of December, 1994, order the preparation of a feasibility study for the improvements;-- and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 7th day of February I 19~; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 172,700.00 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 $ 172,700.00 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 the City Council at a regular Knight and adopted by Meeting this 7th day of February, 19~, with Councilmembers Dehn, McKelvey, Knight, Kunza, Jacobson voting in favor of the resolution and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: d t ~~~ f7' E. McKe vey - M r ~/$ Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Ro16-95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF EDINA REALTY, INC. TO ERECT A REAL ESTATE SIGN ON LOT 1, BLOCK 1, JONATHAN WOODS. WHEREAS, Edina Realty, Inc. has requested a Special Use Permit to erect a real estate sign on the property described as Lot 1, Block 1, Jonathan Woods; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 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 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 Edina Realty, Inc. to erect a real estate sign on said property with the following conditions: 1. The area for development is larger than five (5 a.) acres. 2. The sign shall be located at least one hundred thirty feet (130') from any residential structure. 3. The sign area shall not exceed thirty-two square feet (4' x 8'). 4. An agreement is made to remove the sign within two years unless an 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 from any property line. 6. The Special Use Permit will be subject to annual review by Staff. Page Two Special Use Permit - Real Estate Sign Jonathan Woods Edina Realty, Inc. February 7, 1995 7. The owner shall be responsible for the maintenance of the sign. Adopted by the City Council of the City of Andover on this 7th day of February, 1995. CITY OF ANDOVER ATTEST: o. t}, J1Jc/~h ~. E. MCKelvey, yor tL~/ tf~ V1ctor1a volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ~-95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CONTRACTOR PROPERTY DEVELOPERS COMPANY TO ERECT A REAL ESTATE SIGN ON LOT 8, BLOCK 3, FOXBERRY FARMS. WHEREAS, Contractor property Developers Company has requested a Special Use Permit to erect a real estate sign on the property described as Lot 8, Block 3, Foxberry Farms; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 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 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 Contractor Property Developers Company to erect a real estate sign on said property with the following conditions: 1. The area for development is larger than five (5 a.) acres. 2. The sign shall be located at least one hundred thirty feet (130') from any residential structure. 3. The sign area shall not exceed thirty-two square feet (4' x 8'). 4. An agreement is made to remove the sign within two years unless an 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 from any property line. 6. The Special Use Permit will be subject to annual review by Staff. Page Two Special Use Permit - Real Estate Sign Foxberry Farms Contractor Property Developers Company February 7, 1995 7. The owner shall be responsible for the maintenance of the sign. Adopted by the City Council of the City of Andover on this 7th day of February, 1995. CITY OF ANDOVER ATTEST: t, f ~&~ . E. MCKelvey, M or ~d V1ctor1a VO~City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 018-95 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF LEROY JOHNSON TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, LeRoy Johnson has requested a lot split to cr~ate two (2) lots on the property located at l4xxx Butternut Street NW, legally described on the attached Exhibit A; and WHEREAS, the planning and Zoning Commi ssion has re\'iew!d the request and has determined that said request meets the criteria of Ordinance No. 40; and WHEREAS, the Planning and Zoning Commission finds the request is consistent with the Comprehensive plan and would noe have a detrimental effect upon the health, safety, morals ,nd general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to said request; and WHEREAS, the Planning and Zoning Commission recomm~nds to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council ~f the City of Andover hereby agrees wi th the recommendation of t'le planning and Zoning Commission to allow the lot split on said property with the following conditions: 1. That the applicant pay park dedication fees pursuant to Ordinance No. 10, Section 9.07.10. 2. That the lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on ~his ~ day of Februarv, 1995. CITY OF ANDOVER ATTEST y. [h1v~ va. E. McKelv y, M (r d;;t;~o ;/$ Victor~a Volk, City Clerk EXHIBIT A LEGAL DESCRIPTION 0 FOR PIN NO.: 25-32-24-44-004 That part of the East Half of the East Half of the East Ha+f 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 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, "Auditor's Subdivision No. 141." AND The West Half of the East Half of the East Half of the Southeast Quarter, Section 25, Township 32, Range 24, Anoka County, Minnesota, except the north 673.01 feet thereof. EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER ANOKA COUNTY, MINNESOTA Pursuant to due call and notice thereof, a Regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was held at the City Hall in said City on Tuesday, February 7, 1995, commencing at 8:01 pm. The following Councilmembers were present: MCKelvey, Knight, Jacobson, Dehn, Kunza and the following were absent: none *** *** *** *** *** The City Clerk presented affidavits showing publication and posting of notice of the special election held in and for the City on February 7, 1995, which affidavits were examined and found satisfactory and ordered placed on file. The City Clerk then presented the official returns to the City Council. Said returns were duly examined, canvassed and, upon the following question, found to be as follows: Question: SHALL SPECIAL LICENSES BE GRANTED FOR THE SALE OF INTOXICATING LIQUOR ON SUNDAY IN THE CITY OF ANDOVER? Total of returns from all precincts: TOTAL BALLOTS 318 327 645 Votes YES Votes NO Councilmember Jacobson thereupon following resolution and moved its adoption was dispensed with by unanimous consent: introduced the the reading of which RESOLUTION NO. R019-95 RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION BE IT RESOLVED by the City Council of the City of Andover, Minnesota, that it is hereby found and determined that at the special election held in and for said City on February 7, 1995, upon the following question: SHALL SPECIAL LICENSES BE GRANTED FOR THE SALE OF INTOXICATING LIQUOR ON SUNDAY IN THE CITY OF ANDOVER? there were cast a total of 645 votes, were in favor of the aforesaid issue, and against same; 2 ballots were spoiled question is hereby declared disapproved. of which 318 327 were or defective; and the The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Dehn , and upon vote being taken thereon, the following voted in favor thereof: Knight, McKelvey, Kunza, Dehn, Jacobson and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. CITY OF ANDOVER ATTEST: J~.Zc~~er~r ~tl4 Victoria Volk - City Clerk CITY OF ANDOVER, MINNESOTA ELECTION SUMMARY SPECIAL ELECTION - FEBRUARY 7, 1995 - SUNDAY LIQUOR Precinct 1 2 3 4 5 6 7 Votes YES ~ 29 39 88 zs- 72 30 Votes NO 39 43 44 88 22 47 44 Total Votes 74 72 83 176 47 119 74 Number of Registered Voters as of 7:00 a.m., Tuesday, February 7, 1995: 11,311 Number of Registered Voters as of 8:00 p.m., Tuesday, February 7, 1995: 11,333 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 020-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO MASTER ASPHALT COMPANY FOR PROJECT NO, 93-18 FOR THE IMPROVEMENT OF STREETS IN THE FOllOWING AREA: PINE HillS WHEREAS, pursuant to a written contract sign with the City of Andover on July 19 ,19M-, Master Asphalt Company of Maple Grove MN has satisfactory 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 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 regular meeting this 21st day of February, 19 94, with Councilmembers Dehn, Jacobson. Knight. McKelvey. Kunza (absent) voting in favor of the resolution and Councilmembers None voting against whereupon said resolution was passed, ATTEST: CITY OF ANDOVER d. (kJib ;4, E. McKelvey - May , . ( jLZ-~ tVL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 021-95 A RESOLUTION VACATING A PORTION OF RIGHT-OF-WAY FOR SERVICE ROAD, LOCATED IN PANKONIN ADDITION, ANOKA COUNTY, MINNESOTA, IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice, the City Council has conducted a public hearing on the vacation of right- of-way for the service road; and WHEREAS, as a result of such hearing and review, the City recommends vacation of said right-of-way, legally described as follows: That part of the service road dedicated in the recorded plat of pankonin Additin, Anoka County, Minnesota, lying east of the west line of the east 355.00 feet of the Southeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees to vacate said right-of-way legally described above located in pankonin Addition. BE IT FURTHER RESOLVED that this vacation be subject to the following conditions: 1. The vacation of right-of-way be attached to PIN 34 32 24 41 0004. 2. That Murphy Oil, Inc. dedicates the 60 feet that is necessary as shown on the City of Andover Highway Right-of-Way plat No. 2. Adopted by the City Council of the City of Andover this 21st day of February , 1995. CITY OF ANDOVER Attest: d~ f. ));;1fI~ Or.E. MCKef ey - ayor ~'id Victor~Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.022-95 MOTION by Councilmember ,Jacobson to adopt the following: A RESOLUTION RECEIVING THE SUPPLEMENTAL FEASIBILITY REPORT OF WATERMAIN, STREET, STORM DRAIN AND APPURTENANCES PROJECT NO. 94-22 IN THE CROWN POINTE EAST , AREA. WHEREAS, a Feasibility Report was prepared by TKDA and accepted by the City Council on September 20, 1994 , Resolution No. 229-94 and the public hearing was waived; and WHEREAS, a Supplemental Feasibility Report has been prepared by ___ TKDA for the improvements; and WHEREAS, such supplemental report was received by the City Council on the 7th day of February , 19 95 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 427,300.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Supplemental Feasibility Report for project No. 94-22 , for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 427,300.00 MOTION seconded by Councilmember nphn and adopted by the City Council at a regular meeting this 21st day of February 19~, with Councilmembers McKelvev. Kniqht. Jacobson. Dehn. KunzaCabsent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I' { ~~/:J*Yor ~tld Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 023-95 A RESOLUTION AMENDING RESOLUTION NO. 216-94 APPROVING THE PRELIMINARY PLAT OF CROWN POINTE EAST AS BEING D~VELOPED BY ASHFORD DEVELOPMENT CORPORATION, INC. LOCATED IN SECTIONS 25 & 26, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised preliminary plat citing the following revisions; and the City Council concurs on the following: 1. Resolution No. 216-94, Item 2 provided for a variance for Lot 1, Block 2 from Ordinance 10, Section 4, Definition of Buildable Area, Subparagraph B, as the lot does not meet the one hundred (100') feet of depth of lot of buildable area. The Council approved eighty-five (85') feet as the minimum allowed. This lot has been renumbered as Lot 1, Block 3. 2. A variance for Lot 1, Block 2 from Ordinance 10, Spction 4, Definition for Buildable Area, Subparagraph B, as the lot does not meet the one hundred (100') feet of depth of lot of buildable area. Allow a minimum of eighty-five (8S') feet of depth of buildable area of this lot. 3. A variance for Lot 4, Block 8 and Lot 22, Block 6 from Ordinance 10, Section 4, Definition of Buildable Area, Subparagraph B, as the lots do not meet the one hundred (100') feet of depth of lot of buildable area. Allow for the wetland encroachment in the buildable configuration as shown on the preliminary plat revision dated Januarv 24. 1995 4. A variance for Lot 10, Block 7, from Ordinance 10, Section 9.06, Definition of Lots and Minimum Lot Size, Subparagraph Al, as the lot does not meet the requirement that corner lots shall be a minimum of one hundred (100') feet wide as measured at the building setback line or ninety (90') feet wide for back to back lots. Allow a minimum ninety (90') feet of width at the building setback for this lot. 5. A variance for Lot 10, Block 7, from Ordinance 8, Section 6.02, Minimum District Provisions Chart, as the lot does not meet the sideyard setback requirement of thirty-five (35') feet. A twenty-five (25') foot sideyard setback is requested. NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Andover to hereby approve the revised prelimi~ary Crown pointe East the plat of Adopted by the City Council of the City of Andover th~s day of February, 19 95. 21st CITY OF ANDOVER ATTEST: )~. (c~"v!!~or ~/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 024-95 A RESOLUTION APPROVING THE FINAL PLAT OF CROWN POINTE EAST AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, INC. IN SECTIONS 25 & 26, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Council approved the preliminary plat of Crown pointe East ; and WHEREAS, the developer has presented the final plat of Crown pointe East 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 East contingent upon receipt of the following: 1. The City Attorney presents a favorable title 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 this site which is to be determined by the City Engineer or of 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 or revisions thereof by the City. 4. The final plat not be signed by the Mayor and City Clerk until there is an executed development contract, escrow paid (15% of the total cost of the improvements for the property), streets, utilities, etc and a contract for the improvements has been awarded. 5. Street light costs to be paid to the Anoka Electric Cooperative. Cost to be determined by Anoka Electric Cooperative. 6. Park dedication is to be cash in lieu of land. 7. Receipt of all necessary drainage utility easements outside of the plat. 8. The drainage and utility easements have been signed and recorded for Outlots A and B for the plat. 9. The street easements for the temporary cul-de-sacs have been signed and recorded. 10. The street easement be recorded for Outlot C or if the Council directs that this area be shown as platted right-of-way. 11. The developer escrow for the extension of 142nd Avenue NW, the creek crossing, and also the watermain loop. 12. Revised preliminary plat and grading as needed by the City. Adopted by the city Council of the City of Andover this 21st day of February , 19~. CITY OF ANDOVER ATTEST: t t Nv~~ f . E. MCKelvey - yor ~d~ Victoria Volk - City Clerk ...."'y..,.... ..,.. ~~..,...".rIo STATE OF MINNESOTA RES. NO. 025-95 A RESOLUTION APPROVING THE FINAL PLAT OF AS BEING DEVELOPED BY RAINTREE REALTY INC. 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Council approved the preliminary plat of Sharon's 2nd Addition ; and SHARON'S 2ND ADDITION IN SECTION 26, TOWNSHIP WHEREAS, the developer has presented the final plat of Sharon's 2nd Addition WHEREAS, the City Engineer has reviewed such plat for conf9rmance 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 Sharon's 2nd Addition contingent upon receipt of the following: 1. The City Attorney presents a favorable title 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 is not to be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total cost for the improvements for the property {streets, utilities, etc.}). 5. Street light costs to be paid to Anoka Electric Cooperative. BE IT FURTHER RESOLVED citing the following: 1. Variance for Lots 2 & 7, Block 1 for lot depth as the average does not meet the 130 foot minimum as required by Ordinance 8, ~ection 6.02. 2. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek watershed District, MPCA or any other agency that is interested in the site. 3. Park dedication to be cash in lieu of land as determined by Ordinance 10, Section 9.07. Adopted by the City Council of the City of Andover this 21st day of February , 19~. ATTEST: ~1Uv Victor1a Volk - City Clerk CITY OF ANDOVER ; { Jllc ~~ . E.' MCKe)vey - yor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 026-95 MOTION by Councilmember LTacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 94-1, CITY HALL PARK COMPLEX #1 FOR LIGHTING CONSTRUCTION. WHEREAS, pursuant to Resolution No. 297-94 , adopted by the City Council on the 20th day of December , 19 94, Wunderlich-Malec has prepared final plans and specifications-ror Project 94-1 !Or lighting construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 21st day of February , 19 95 NOW, THEREFORE, BE IT RESOLVED by the City Council 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 Tuesday, March 14 , 19~ at the Andover City Hall. MOTION seconded by Councilmember adopted by the City Council at a nphn and regular meeting this 21st day of February , 19~, with Councilmembers McKelvey, Knight, Jacobson, Dehn, KunzalabsentNoting in favor of the resolution and Councilmembers none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~. ( )JL+:1~ fll. E. McKelvey - or ~1M? Vlctorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027-95 MOTION by CounciDnember following: Knight to adopt the A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO W.B. MILLER, INC. VIA THE CITY OF HAM LAKE FOR PROJECT NO. 92-25 FOR THE IMPROVEMENT OF STREET AND STORM DRAIN IN THE FOLLOWING AREA: UNIVERSITY AVENUE EXTENSION WHEREAS, pursuant to a written contract signed with the City of Andover on July 20 , 19~, W.B. Miller. Inc. of Ramsey. 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 CounciDnember Dehn and adopted by the City Council at a regular meeting this 21st day of Februarv , 19 95, with CounciDnembers McKelvey. Jacobson, nehn, Knight. Kunza (absent) voting in favor of the resolution and CounciDnembers none voting against whereupon said resolution was passed. CITY OF ANDOVER ATTEST: c;1 f )?J&~ ~.E. McKelvey ayor ~iUU Victoria Volk - City Clerk Member ~~~nhAnn ;olution, the reaqing of which lsent, and moved its adoption: introduced the was dispensed with by CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 028-95 A RESOLUTION MODIFYING THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. ~ AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINA.~CING DISTRICTS NO. ~-~ AND NO. ~-2 TO REFLECT INCREASED GEOGrtAPHIC AREA AND INCREASED. PROJECT COSTS WITHIN DEVELOPMENT DISTRICT NO. 1 BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota (the "City"), as follows: Section ~. Recitals. ~.o~. It has been proposed and approved by the Andover Economic Development Authority (the "EDA") that the Council modify, approve and adopt the Modified Development Program for Development District No. ~ to reflect increased geographic area and increased project costs pursuant to and in accordance with Minnesota Statutes, Sections 469.~24 to 469.~34 and 469.090 to 469.~08, inclusive, as amended and supplemented from time to time. ~.02. It has been further proposed and approved by the EDA that the Council modify, approve and adopt the Modified Tax Increment Financing Plans for Tax Increment Financing Districts No. ~-~ and No. ~-2 to reflect increased geographic area and increased project costs within Development District No. ~ pursuant to Minnesota Statutes, Section 469.~74 to 469.479 and 469.090 to 469.~08, inclusive, as amended and supplemented from time to time. ~.03. The EDA has caused to be prepared, and this Council has investigated the faces with respect thereto, a Modified Development Program for Development District No. ~ and Modified Tax Increment Financing plans for Tax Increment Financing Districts No. ~-~ and No. ~-2 to reflect increased geographic area and increased project costs within Development District No. 1. .' ~.04. The EDA and the Council have performed all actions required by law to be performed prior to the approval and adoption of the Modified Development Program and the Modified Tax Increment Financing Plans. 1.05. The Council hereby determines that it is necessary and in the best interests of the City and the EDA at this time to modify, approve and adopt the Modified Development Program and Modified Tax I~crement Financing Plans to reflect increased geographic area and increased project costs within Development District No.1. Section 2. Findinas. 2.01. The Council hereby finds, determines and declares that the assistance to be provided through the adoption and implementation of the Modified Development Program and Modified Tax Increment Financing Plans are necessary to assure the development and redevelopment of Development District No.1. 2.02. The Council hereby finds, determines and declares that the Modified Development Program and Modified Tax Increment Financing Plans conform to the general plan for the development and redevelopment of the City as a whole in that they are consistent with the City's comprehensive plan. 2.03. The Council hereby finds, determines and declares that the Modified Development Program and Modified Tax Increment Financing Plans afford maximum opportunity consistent with the sound needs of the City as a whole for the development and redevelopment of Development District No. 1 by private enterprise and it is contemplated that the development and redevelopment thereof will be carried out pursuant to redevelopment contracts with private developers. 2.04. The Council hereby finds, determines and declares that the modification, approval and adoption of the Modified Development Program and Modified Tax Increment Financing plans is intended and, in the judgement of this Council, its effect will be to promote the purposes and objectives specified in this Section 2 and otherwise promote certain public purposes and accomplish certain objectives as specified in the Modified Development Program and Modified Tax Increment Financing Plans. 2.05. The Council hereby finds, determines and declares that the City made the above findings stated in this Section 2 and has set forth the reasons and supporting facts for each determination in the Modified Redevelopment Plan and Modified Tax Increment Financing Plans. Section 3. Modification. Approval and Adoption of the Modified Development Proaram. 3.01. The modifications to the Development Program relating to Deve10pment District No. 1 reflecting increased geographic area and increased project costs are hereby approved and adopted by the Council of the City of Andover. 2 Section 4. Modification, Aporoval and Adootion of the Modified Tax Increment Financina plans. 4.01. The modifications to the Tax Increment Financing Plans for Tax Increment Financing Districts No. 1-1 and No. 1-2 reflecting increased geographic area and increased project costs within Development District No. 1 are hereby approved and adopted by the Council of the City of Andover. Section 5. Filina of Plans. 5.01. Upon approval and adoption of the Modified Development Program and Modified Tax Increment Financing Plans (collectively the "Plans"), the City shall cause said plans to be filed with the Minnesota Department of Revenue. Adopted by the Council of the City this 21st day of February, 1995. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Deb ' and upon vote being taken thereon, the following vote~ in favor thereof: MCKelvey, Knight, Jacobson, Dehn, Kunza (absent) and the following voted against the same: None .' 3 Whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested to by the City Clerk. 1~.r~c~'1v!~Yor Attest: d:L JJ Victoria Volk - City Clerk CERTIFICATION I, Victoria Volk, the duly qualified Clerk of the City of Andover, County of Anoka, Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. passed by the City Council on the 21st day of February, 1995. ~d$ Victoria Volk - City Clerk .' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 029-05 A RESOLUTION AMENDING RESOLUTION NO. R036-92 WHICH AMENDED RESOLUTION NO R180-91 WHICH ESTABLISHED SERVICE CHARGES TO BE COLLECTED. WHEREAS, the City Council of the City of Andover has previously adopted Resolution No. R036-92 which established the bad check fee for services for the 1992 year; and WHEREAS, the City Council of the City of Andover, due to increasing costs has deemed it necessary to amend the fee for bad checks. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the bad check fee for checks received for payment of a City utility bill shall be twenty dollars when the check is not honored by the bank. BE IT FURTHER RESOLVED that the above bad check fees shall be automatically added to the individuals next utility bill. BE IT STILL FURTHER RESOLVED that the bad check fee for checks not related to a utility account remains at twenty dollars. Adopted by the City Council of the City of Andover on this 7th day of March ,19J&.. CITY OF ANDOVER ATTEST: 9. tJi1c.~~ J. f. McKelvey - Mayor &~ dLb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 030-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING IMPROVEMENT OF PROJECT STREET AND STORM DRAIN CROWN POINTE EAST BIDS AND AWARDING CONTRACT FOR NO. 94-22 FOR SANITARY SEWER, CONSTRUCTION IN THE AREA OF THE WATERMAIN, WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 01l-95, dated January 17, 1995, bids were received, opened and tabulated according to law with results as follows: C.W. Houle, Inc. Ryan Contracting Redstone Construction $636,842.90 $637,284.50 $649,558.47 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 $636,842.90 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 meeting this 7th day of City Council at a regular March , 19~, with Councilmembers McKelvey, Jacobson, Dehn, Knight, Kunza the resolution, and Councilmembers voting in favor of none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1). r /JJv <~ ()J. E. MCKelvey - yor ;1~ t{~ victon.a Vo - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STREETS AND STORM SEWER , FOR PROJECT NO. 93-11 , EMERALD GLEN 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 $l94,045.74, and the expenses incurred or to be incurred in the making of such improvement amount to $ 68,770.91 and work previously done amount to $ 86,568.50 so that the total cost of the improvement will be $ 349,385.l5 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of is hereby declared to be $ against benefited property such improvement to be paid by the City 41,698.83 the amount to be assessed owners is declared to be $ 307,686.32 . 2. Assessment shall be payable in semi-annual installments extending over a period of 10 years. The installments shall bear interest at the rate of 6.93 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 Jacobson and adopted by the City Council at a regular meeting this 7th day of March ,19~, with Councilmembers McKelvey, Knight, Jacobson, Dehn, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: g. r )rJr X:~ (}1. E.'McKe{vey - yor ih4~ V~ctor~a Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 94-32, WELL liS FOR DRILLING AND DEVELOPMENT CONSTRUCTION. WHEREAS, pursuant to Resolution No. 015-95, adopted by the City Council on the 7th day of February ,19 95 , TKDA has prepared final plans and specifications for project 94-32 for drilling and development construction; and WHEREAS, such final plans and specifications the City Council for their review on the 7th March , 19 95 were presented to day of NOW, THEREFORE, BE IT RESOLVED by the City Council 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 Tuesday, March 28 , 19~ at the Andover City Hall. , MOTION seconded by Councilmember adopted by the City Council at a Knight and regular meeting this 21st day of February , 19~, with Councilmembers MCKelvey, Kunza, Dehn, Jacobson. Knight voting in favor of the resolution and Councilmembers none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I. E~ MclRrvJt~or ~ d/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 033-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 93-30 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF BUNKER LAKE BOULEVARD FRONTAGE ROAD WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 055-95, dated January 17, 1995, bids were received, opened and tabulated according to law with results as follows: Hydrocon, Inc. W.B. Miller, Inc. Kadlec Excavating of Mora $381,772.50 $383,108.70 $389,294.16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Hydrocon, 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 Hydrocon, Inc. in the amount of $381,772.50 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 Dehn and adopted by the City Council at a March regular meeting this 7th day of , 19~, with Councilmembers McKelvey, Knight, Kunza, Jacobson, Dehn the resolution, and Councilmembers none voting in favor of voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J'E( M~~v1;~Yor ATTEST: tL~ ML Vlctona Volk - City Clerk . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 034-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING BIDS IMPROVEMENT OF PROJECT NO. CONSTRUCTION IN THE AREA OF AND AWARDING CONTRACT FOR THE 94-1 FOR LIGHTING CITY HALL PARK COMPLEX #1 WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 026-95, dated February 2l 1995 ,bids were received, opened and tabulated according to law with results as follows: 1. Klein Electric Co. 2. Killmer Electric Co. 3. Electric Service Co. $56,900.00 $60,770.00 $63,495.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Klein 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 Klein Electric Co. in the amount of $56,900.00 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 Jacobson and adopted by the City Council at a March regular meeting this 21st day of , 19~, with Councilmembers McKelvey, Knight, Dehn, Jacobson, Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER .). g, J1lv ~~ . E. MCKelvey - yor ATTEST: ~u VJ.cton.a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 035-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 94-18, MIDDLE SCHOOL LOCATED IN SECTION 22-32-24 FOR TRUNK SANITARY SEWER AND TRUNK WATERMAIN CONSTRUCTION, WHEREAS, pursuant to Resolution No. 282-94 , adopted by the City Council on the 1st day of November , 19 94 , TKDA has prepared final plans and spec1f1cations for project 94-18 for trunk sanitary sewer and trunk watermain construction; and WHEREAS, such final plans and specifications the City Council for their review on the 2lst March , 19 95 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . were presented to day of 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 Thursday, April 13 , 19~ at the Andover City Hall. , MOTION seconded by Councilmember adopted by the City Council at a Jacobson and reqular meeting this 2lst day of March , 19~, with Councilmembers McKelvey, Knight, Dehn, Jacobson, Kunza(absent)voting in favor of the resolution and Councilmembers none voting against same whereupon said resolution was declared 'passed. CITY OF ANDOVER ATTEST: II (. f1Jr)(~ (.I. E. McKelvey - Ma r ~ !itt Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 036-95 MOTION by Councilmember Dehn 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 DRAIN PROJECT NO. 95-l , IN THE WOODLAND CREEK 5TH ADDITION , AREA. WHEREAS, the City , 1995 and Council has received a petition, dated , requesting the construction of improvements; 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 regular meeting this 21st day of March , 1995 ,with Councilmembers MCKelvey, Knight, Dehn, Jacobson, Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: t. E~M1/:l~~YOr ~.tJd Victor~Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 037-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ORDERING AND ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 95-l FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA WOODLAND CREEK 5TH ADDITION WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 21st day of March ,19 95 ; 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 $ 159,670.00 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 $ 159,670.00 ,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 STILL FURTHER RESOLVED by the City Council to hereby require the developer to escrow the sum of $ 16,000.00 with such payments to be made prior to commencement of work on the plans and specifications. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular Meeting this 21st day of March 19~, with Councilmembers Knight, McKelvey, 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: l AJ.ljo,f~" ~~ Victoria Yolk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 038-95 A RESOLUTION REVISING THE AUTHORIZATION OF CERTAIN EMPLOYEES TO SELL, ASSIGN TRANSFER AND/OR DELIVER FUNDS. WHEREAS, the City Council of the City of Andover adopted resolution number R 189-92 authorizing James E. Schrantz, Administrator, Daryl E. Sulander, Finance Director and Shirley Clinton, Treasurer to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this City; and WHEREAS, James E. Schrantz has resigned the position of Administrator; and WHEREAS, Richard Fursman has been appointed to the position of Administrator. WHEREAS, Daryl E. Sulander has resigned the position of Finance Director; and WHEREAS, Jean D. Nichols has been appointed to the position of Finance Director. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby revises the authority to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this City to Richard Fursman, Administrator, Jean D. Nichols, Finance Director and Shirley Clinton, Treasurer. Adopted by the City council of the City of Andover on this 21st day of March, 1995. ATTEST: ;jL_~ dJV Victoria Volk, City Clerk ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 039-95 A RESOLUTION SUPPORTING PASSAGE OF THE "MINNESOTA EMERGING COMMUNICATIONS SERVICES ACT OF 1995". WHEREAS, the City of Andover is responsible for monitoring the operation and activities of cable communications in the city; and WHEREAS, the City of Andover provides coordination of administration and enforcement of the cable franchise; promotes the development of locally produced cable television programming; and conducts such other activities to ensure equitable and reasonable rates and service levels for the citizens of Andover; and WHEREAS, it is the intent of the cable franchise to ensure the development and continued operation of a cable communications system so that the City of Andover may achieve better utilization and improvement of public services and contribute significantly to the communication needs of its residents; and WHEREAS, in pursuit of these goals the City of Andover has granted to private interests the use of public property and public rights-of-way. NOW, THEREFORE, BE IT RESOLVED that the Andover City Council endorses the "Minnesota Emerging Communications Services Act of 1995" and encourages its adoption by the Minnesota State Legis- lature for the following reasons: FINDINGS 1. Public property and public rights-of-way are valuable public assets and local authorities are entitled to ensure that the public is benefited, compensated, protected and able to access and share in the use of any Emerging Communications Services that make use of those public rights-of-way by a private for-profit provider. 2. There is a wide range of persons seeking to use public property and the public rights-of-way to deliver video, voice, and data services and all such persons should be treated similarly by state and local authorities. 3. Existing state statutes do not adequately address these Emerging Communications Services. 4. Local authorities are well equipped to analyze and implement the needs and interests of the local citizen/consumer, and protect taxpayers' investment in public property and public rights-of-way. The city of Andover concludes that local authorities must have the authority to require Emerging Communications Services utilizing public property and public rights-of-way to: CONCLUSION 1. Obtain permits and comply with minimum state standards and existing local standards for use of public property and public rights-of-way. 2. Prohibit redlining and uphold nondiscrimination standards. 3. Oversee the design of local communications infrastructure to ensure the meeting of community needs which includes ensuring that a portion of the public capacity being delivered on a city, county, and school district specific basis as determined by local authorities. 4. Allow local authorities to receive compensation for use of public property and public rights-of-way. The City of Andover further concludes that existing local authority must be implemented with local permitting authority which: 1. Enforces compliance with financial, technical, legal, and connectivity standards. 2. Authorizes local collection of fees to compensate local authorities for both the use of and decrease in the value of public property and public rights- of-way as a result of the construction of and occupancy by Emerging Communications Services. 3. Assures delivery of Emerging Communications Services to local authorities and school districts. Adopted by the City Council of the City of Andover this 21st day of March ,1995. CITY OF ANDOVER ATTm. )..(~;K-kto, ~L~/ ~ V1ctoria Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R040-95 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF CESARINA SCARDIGLI TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Cesarina Scardigli has requested a lot split and variance to create two (2) lots pursuant to Ordinance No. 40 on the property located at 560 177th Avenue NW (PIN Ol-32-24-31-0001) legally described as follows: The Northeast Quarter of the Southwest Quarter of Section 1, Township 32, Range 24, Anoka County, Minnesota; except the west 200 feet of the north 220 feet thereof; Also except the east 200 feet of the west 970 feet of the north 220 feet of said Quarter, Quarter (add distance as measured parallel with the north and west lines of said Quarter, Quarter); Also Except Road; Subject to Easements of Record; 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 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 no opposition to said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split and variance as requested. NOW, THEREFORE, 6E IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow the lot split and variance on said property with the following conditions: 1. That the applicant pay a park dedication fee pursuant to Ordinance No. 10, Section 9.07. 2. That the lot split/variance be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). approval. Page Two Resolution - Lot SplitjVarinace 560 177th Avenue NW Cesarina Scardigli 3. That the resulting parcels containing the accessory structures be combined through metes and bounds subdivision to resolve the nonconformity issue. 4. That a sixty foot (60') easement be dedicated for road right- of-way for County Road No. 58. Adopted by the City Council of the City of Andover on this 21st day of March ,1995, CITY OF ANDOVER k1-'~ V1ctor1a Vo ,City Clerk ayor ATTEST CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R04l-95 A RESOLUTION GRANTING A VARIANCE TO WOODLAND DEVELOPMENT FOR AN IDENTIFICATION SIGN FOR WOODLAND CREEK AT THE ENTRANCE TO THE DEVELOPMENT ON MARIGOLD STREET AND ITS INTERSECTION WITH BUNKER LAKE BOULEVARD. WHEREAS, Woodland Development erected an identification sign at the entrance to woodland Creek upon the erroneous issuance of a sign permit by city staff; and WHEREAS, a hardship was incurred due to the difficulty in removing the sign. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby grant a variance for the identification sign subject to the following: l) the sign be considered a property identification sign; 2) the sign be considered a temporary sign to be allowed for a period of three years or until construction of Bunker Lake Boulevard or unless renewed by the City Council; 3) An attempt be made to extend the curbing upon the advice of the City Engineering staff; 4) to properly mark the crosswalk of the intersection of Bunker Lake Boulevard and Marigold Street; 5) that the owner of the sign sign an indemnification agree- ment whereby they would hold the City of Andover harmless for injuries resulting from the sign; 6) that the owner of the sign sign an agreement with the City to be responsible for the maintenance of the sign during its life; 7) that the city is not responsible for damages that it causes to the sign during its normal maintenance activities. Adopted by the City Council of the City of Andover this 2lst day of March , 1995. CITY OF ANDOVER ATTEST: la' t, M~ )(~-e-td ack MCKelvey-May~r J~ (/4 Victona volk - city Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 042-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF IRRIGATION PROJECT NO. 93-7 IN THE CITY HALL PARK COMPLEX #2 AREA 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. 93-7 BE IT FURTHER RESOLVED by the City Council of Andover to hereby designate the City Engineer for this improvement and he is directed to prepare specifications for such improvements. the City of as the Engineer plans and MOTION seconded by Councilmember Dehn and adopted by 21st day of the City Council at a regular meeting this March , 19 95 ,with Counci1member McKelvey, Knight, Dehn, Jacobson, Kunza (absent) voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: cl'E~~/!!lv~~Yor d~~ IUL V~ctor~a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 043-95 MOTION by Councilmember Dehn to adopt the following: SPECIFICATIONS AND ORDERING 93-7, A RESOLUTION APPROVING FINAL PLANS AND ADVERTISEMENT FOR BIDS FOR PROJECT NO. CITY HALL PARK COMPLEX 12 FOR IRRIGATION CONSTRUCTION. WHEREAS, pursuant to Resolution Council on the 21st day of March Engineer has prepared final plans for irriqation No. 042-95, adopted by the City , 19 95 ,the Cit~ and specifications for ProJect 93-7 construction; and WHEREAS, such final plans and specifications the City Council for their review on the 4th April , 19 95 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . were presented to day of 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 ThurSday, April 27 , 19~ at the Andover City Hall. MOTION seconded by Councilmember adopted by the City Council at a Kunza and regular meeting this 4th day of April , 19~, with Councilmembers Jacobson, Knight, McKelvey, Dehn, Kunza voting in favor of the resolution and Councilmembers none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1, t t!lrv ~ ~. E. McKe vey - May, r ~~ d.a Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 044-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET LIGHTING , PROJECT NO. 95-2 IN THE AREA ALONG CROSSTOWN DRIVE NW BETWEEN BUNKER LAKE BOULEVARD NW AND CROSSTOWN BOULEVARD NW . WHEREAS, March 17 improvements; the City Council has received a petition, dated , 19 95 , requesting the construction of and - WHEREAS, such petition has been validated to contain the signatures of more than 35% 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 as adequate. 2. The proposed improvement is hereby referred to the AEC 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 April 19~, with Councilmembers Jacobson, Knight, McKelvey, Dehn, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I ~. (,{f;~y~~ i:tv~ / Iv-/L Victor~a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 94-32 FOR DRILLING AND DEVELOPMENT CONSTRUCTION IN THE AREA OF WELL is WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 032-95, dated March 7, 1995, bids were received, opened and tabulated according to law with results as follows: l. E.H. Renner and Sons 2. Layne Minnesota 3. Keys Well Drilling $73,440.00 $81,050.00 $94,755.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate E.H. Renner and Sons as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with E.H. Renner and Sons in the amount of $73,440.00 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 April regular meeting this 4th day of , 19~, with Councilmembers Jacobson, Kniqht, McKelvey, Dehn, Kunza the resolution, and Councilmembers voting in favor of none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~d V~ctor~a V~ City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 046-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 95-1, WOODLAND CREEK ~ADDITION FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 037-95, adopted by the City Council on the 21st day of March , 19 95 , TKDA has prepared final plans and specifications for project 95-1 for sanitary sewer, watermain, street and storm drain construction; and WHEREAS, such final plans and specifications the City Council for their review on the 4th April , 19 95 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final plans and Specifications . were presented to day of 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 Thursday, April 27 , 19~ at the Andover City Hall. MOTION seconded by Councilmember adopted by the City Council at a Kunza and regular meeting thi s 4th day of April , 19~, with Councilmen Jacobson, Knight, voting in favor of the resolution and McKelvey, Kunza, Dehn Councilmember none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST' J: f: (!t.t.~.y" 4~-, t#- Victona Vo - City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 4, 1995 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the city of Andover, Anoka County, Minnesota, was duly held "at the City Hall in said City on the 4th day of April, 1995, beginning at 7:00 o'clock~.M. for the purpose in part of authorizing the competitive negotiated sale of the $2,605,000 General obligation Improvement Bonds, Series 1995A, of said city. The following Councilmembers were present: Knight, McKelvey, Dehn, Kunza, Jacobson and the following were absent: None Councilmember Dehn introduced the following resolution and moved its adoption: No. R047-95 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $2,605,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A A. WHEREAS, the City Council of the City of Andover, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $2,605,000 General Obligation Improvement Bonds, Series 1995A (the "Bonds"), to finance public improvements within the city; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2 (9): NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Andover, Minnesota, as follows: 1. Authorization: Findinqs. The Council hereby authorizes springsted to solicit bids for the competitive negotiated sale of the Bonds. 287597.1 2. Meetina: Bid Ooenina. The Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The city Clerk, or her designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Terms of Prooosal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official statement. In connection with said competitive negotiated sale, the officers or employees of the city are hereby authorized to cooperate with Springsted 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 Councilmember Kunza and, after full discussion thereof and upon a vote being taken thereon, the following Councilmembers voted in favor thereof: Dehn, Jacobson, Knight, McKelvey, Kunza and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 287597. 1 2 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 compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the city Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $2,605,000 General Obligation Improvement Bonds, Series 1995A. WITNESS my hand as such city Clerk of the City this 4th day of April, 1995. d~~-,:., aLL City Clerk 287597. 1 3 J>XHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,605,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A Proposals for the Bonds will be received on Tuesday, May 2, 1995, until 11 :00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Certificates regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated June 1,1995, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1,1996. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. . The Bonds will mature February 1 in the years and amounts as follows: 1997 $205,000 1998 $215,000 1999 $230,000 2000 $240.000 2001 $255,000 2002 $265,000 2003 $280,000 2004 $295,000 2005 $310,000 2006 $310,000 - i - OPTIONAL REDEMPTION The City may elect on February 1, 2004, and on any day thereafter, to prepay Bonds due on or after February 1, 2005. Redemption may be in whole or in part and if in part, at the option of the City and in such order as the City shall determine and within a maturity by lot as selected by the registrar. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance public improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $2,576,345 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $26,050, payable to the order of the City. If a check is used, it must accompany each proposal. 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 City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated 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 City to satisfy the Deposit requirement. The City 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 City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (Ii) reject all proposals without cause, and, (iil) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of - ii - insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. 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 will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis. Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 100 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (I) it shall accept such designation and (ii) it shall - iii - enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated April 4, 1995 BY ORDER OF THE CITY COUNCIL Isl Victoria Volk Clerk , - iv- EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 4, 1995 Pursuant to due call and notice thereof, a regular or special meeting of the city Council of the city of Andover, Anoka County, Minnesota, was duly held at the city Hall in said city on the 4th day of April, 1995, beginning at 7:00 o'clock P.M. for the purpose in part of authorizing the competitive negotiated sale of the $515,000 General Obligation Equipment Certificates of Indebtedness, Series 1995C, of said City. The following Councilmembers were present: Dehn, Kunza, Jacobson, Knight, McKelvey and the following were absent: None Councilmember Dehn introduced the following resolution and moved its adoption: No. R048-95 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $515,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 1995C A. WHEREAS, the City Council of the City of Andover, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $515,000 General Obligation Equipment Certificates of Indebtedness, Series 1995C (the "certificates"), to finance equipment purchases; and B. WHEREAS, the city has retained Springsted Incorporated, in saint Paul, Minnesota ("Springsted"), as its independent financial advisor for the Certificates and is therefore authorized to sell the certificates by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, SUbdivision 2(9): 287928. 1 NOW, THEREFORE, BE IT RESOLVED by the city Council of the city of Andover, Minnesota, as follows: . 1. Authorization: Findinas. authorizes springsted to solicit bids for negotiated sale of the certificates. 2. Meetina: Bid Openina. The Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Certificates. The City Clerk, or her designee, shall open bids at the time and place specified in such Terms of Proposal. The Council hereby the competitive 3. Terms of Proposal. The terms and conditions of the certificates and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Certificates and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by councilmember Kunza and, after full discussion thereof and upon a vote being taken thereon, the following Councilmembers voted in favor thereof: Jacobson, Knight, McKelvey, Dehn, Kunza and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 287928.1 2 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 compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the city Council of said city, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $515,000 General Obligation Equipment Certificates of Indebtedness, Series 1995C. WITNESS my hand as such city Clerk of the city this 4th day of April, 1995. L~~ / d/~ city Clerk 287928.1 3 EXHI.BIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $515,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 1995C Proposals for the Certificates will be received on Tuesday, May 2, 1995, until 11 :00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Certificates will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Certificates regardless of the manner of the Proposal submitted. DETAILS OF THE CERTIFICATES The Certificates will be dated June 1,1995, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1996. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Certificates will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Certificate will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month. The Certificates will mature February 1 in the years and amounts as follows: 1996 $ 40,000 1997 $ 50,000 1998 $100,000 1999 $150,000 2000 $175,000 -i- OPTIONAL REDEMPTION The Certificates will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Certificates will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance equipment purchases. TYPE OF PROPOSALS Proposals shall be for not less than $511,395 and accrued interest on the total principal amount of the Certificates. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $5,150, payable to the order of the City. If a check is used, it must accompany each proposal. 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 City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Certificates are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated 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 City to satisfy the Deposit requirement. The City 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 City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Certificates is adjourned, recessed, or continued to another date without award of the Certificates having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Certificates of the same maturity shall bear a single rate from the date of the Certificates to the date of maturity. No conditional proposals will be accepted. AWARD The Certificates will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Certificates, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Certificates qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Certificates. Any increased costs of issuance of the Certificates resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Certificates from a rating agency, the City will pay that rating fee, Any other rating agency fees shall be the responsibility of the purchaser. - ii - Failure of the municipal bond insurer to issue the policy after Certificates have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Certificates. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. CUSIP NUMBERS If the Certificates qualify for assignment of CUSIP numbers such numbers will be printed on the Certificates, but neither the failure to print such numbers on any Certificate nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Certificates. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Certificates will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printed on the Certificates, and of customary Closing papers, including a no-litigation certificate, On the date of settlement payment for the Certificates shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Certificates shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Certificates, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Certificates, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Certificates, as that term is defined in Rule 15c2-12. By awarding the Certificates to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Certificates are awarded 20 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Certificates are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Certificates agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all PartiCipating Underwriters of the Certificates - iii - for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated April 4, 1995 BY ORDER OF THE CITY COUNCIL Isl Victoria Volk Clerk - iv- EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 4, 1995 Pursuant to due call and notice thereof, a regular or special meeting of the City council of the City of Andover, Anoka County, Minnesota, was duly held at the city Hall in said city on the 4th day of April, 1995, beginning at 7:00 o'clock ~.M. for the purpose in part of authorizing the competitive negotiated sale of the $825,000 General Obligation Improvement Refunding Bonds, Series 1995B, of said City. The following Councilmembers were present: Jacobson, Knight, McKelvey, Dehn, Kunza and the following were absent: None Councilmember D~hn introduced the following resolution and moved its adoption: No. R049-95 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $825,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1995B A. WHEREAS, the City Council of the city of Andover, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $825,000 General Obligation Improvement Refunding Bonds, Series 1995B (the "Bonds"), to refund the 1996 through 2000 maturities of the city's General Obligation Improvement Bonds of 1985, dated August 1, 1985; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2 (9): 287585.1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization: Findinas. The Council hereby authorizes Springsted to solicit bids for the competitive negotiated sale of the Bonds, 2. Meetina: Bid Openinq. The Council shall meet at the time and place specified in,the Terms of proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The City Clerk, or her designee, shall open bids at the time and place specified in such Terms of Proposal. 3, Terms of Prooosal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made apart hereof. 4. Official Statement. In connection with said competitive negotiated sale, the officers or employees of the City are hereby authorized to cooperate with Springsted 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 Councilmember Kunza and, after full discussion thereof and upon a vote being taken thereon, the following Councilmembers voted in favor thereof: McKelvey, Jacobson, Knight, Dehn, Kunza and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 287585 . 1 2 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 compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the,city Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $825,000 General Obligation Improvement Refunding Bonds, Series 1995B. WITNESS my hand as such City Clerk of the City this 4th day of April, 1995. ~tf4 City Clerk 287585. 1 3 EXHIBIT A THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $825,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1995B Proposals for the Bonds will be received on Tuesday, May 2, 1995, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M.. Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Certificates regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated June 1, 1995, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 1996. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will be issued in the denomination of $5,000 each, or in integral multiples thereof, as requested by the purchaser, and fully registered as to principal and interest. Principal will be payable at the main corporate office of the registrar and interest on each Bond will be payable by check or draft of the registrar mailed to the registered holder thereof at the holder's address as it appears on the books of the registrar as of the close of business on the 15th day of the immediately preceding month, The Bonds will mature August 1 in the years and amounts as follows: 1996 $190,000 1997 $190,000 1998 $170,000 1999 $155,000 2000 $120,000 -i- OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to refund the 1996 through 2000 maturities of the City's General Obligation_Improvement Bonds of 1985, dated August 1, 1985. TYPE OF PROPOSALS Proposals shall be for not less than $819,225 and accrued interest on the total prinCipal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $8,250, payable to the order of the City. If a check is used, it must accompany each proposal. 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 City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated 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 City to satisfy the Deposit requirement. The City 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 City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (i1) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a - ii - rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. 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 will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. - SETTLEMENT Within 40 days folloWing the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, which opinion will be printed on the Bonds, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. . OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor. the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 35 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (il) it shall enter into a -Hi- contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated April 4, 1995 BY ORDER OF THE CITY COUNCIL Isl Victoria Volk Clerk r - iv- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 050-95 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING A CHANGE ORDER TO PROJECT NO. 94-22 (CROWN POINTE EAST). WHEREAS, the City of Andover has a contract for Project No. 94-22. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-22 for the improvement of sanitary sewer and watermain at 14122 Prairie Road. BE IT FURTHER RESOLVED that the City Council denies the deferment of any assessment against the property. BE IT STILL FURTHER RESOLVED that Mr. Menthe provide to the City the necessary easements for the construction of the improvements prior to any work being done. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 4th day of April. 19...9.Q, with Councilmembers Dehn. Jacobson. Knight. McKelvey. Kunza voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J'~. 7rJ~){~ J. E. McKelvey - Mayor li~ ria Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 051-95 A RESOLUTION AUTHORIZING THE CITY OF ANDOVER TREASURER TO WIRE TRANSFER FUNDS FROM ALL BANK ACCOUNTS AT THE CITY'S OFFICIAL DEPOSITORY WITHOUT REQUIRING A SECOND APPROVAL. WHEREAS, the City of Andover annually adopts by resolution the official depository for City monies; and WHEREAS, resolution R002-95 adopted January 3, 1995 authorized the Treasurer to wire transfer funds without a second authorization; and WHEREAS, the City of Andover periodically desires to transfer funds to other financial institutions or bond paying agents through the use of electronic wire transfers in an efficient and uncomplicated manner; and WHEREAS, the dollar amounts for wire transfers are larger than the City of Andover authorized limits to pay claims up to and including $10,000 per vendor prior to Council review. NOW, THEREFORE, BE IT RESOLVED that the City Council authorizes the Treasurer to wire transfer funds from the official City depository for the purpose of investment placement and/or payment of bonded debt without a second approval. BE IT FURTHER RESOLVED that wire transfers must be approved for internal control procedure by the Finance Director with documentation kept for permanent record of the transactions. BE IT FURTHER RESOLVED that this resolution in no manner changes the requirements for two authorized signatures on all checks. Adopted by the Andover City Council on the 18th day of April, 1995. ATTEST: .~jdL Victoria Volk - City Clerk CITY OF ANDOV~ f t );JG-~ ~ po.E. McKelvey - yor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 052-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *1 TO PROJECT NO. 94-9 & 93-30 IN THE AREA OF FOX WOODS AND BUNKER LAKE BOULEVARD SERVICE ROAD. WHEREAS, the City of Andover has a contract for project NO. 94-9 and 93-30, FOx Woods and Bunker Lake Boulevard Service Road with S.R. Weidema, Inc. of Brooklyn Center, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to project No. 94-9 and 93-30. MOTION seconded by Councilmember Dehn and adopted by the 18th day City Council at a regular meeting this of April , 19 95 ,with Councilmembers MCKelvey, Kunza, Dehn, Knight, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: !l { j1k~h ~. E. MCKelvey - ayor iL~/vLL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 053-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *1 TO PROJECT NO. 94-10 & 94-8 IN THE AREA OF JONATHAN WOODS AND FOXBERRY FARMS . WHEREAS, the City of Andover has a contract for Project No. 94-10 and 94-8, Jonathan Woods and Foxberry Farms with S.R. Weidema, Inc. of Brooklyn Center, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to project No. 94-10 and 94-8. MOTION seconded by Councilmember Dehn and adopted by the 18th day city Council at a regular meeting this of April , 19 95 ,with Councilmembers McKelvey, Kunza, Dehn, Knight, Jacobson (absent) voting in favor of the resolution, and Counci1members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J r );;&~ tJ. E. McKe vey - ayor ~da Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 054-95 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAND MEADOWS 2ND ADDITION AS BEING DEVELOPED BY DEVELOPMENT CO. LOCATED IN SECTION 10, TOWNSHIP 32, COUNTY, MINNESOTA. WOODLAND RANGE 24, ANOKA 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 be granted for Ordinance 8, Section 6.02 as the lot does not meet the minimum requirement of 300 feet at the front setback line for the following: Block 1, Lots 1 & 2; Block 2, Lot 1; Block 3, Lots l, 4 & 6; Block 4, Lot 3. 2. Variance from Ordinance 10, Section 8.04 as the Special Use Permit application for a sign was not applied for in conjunction with the preliminary plat in accordance with the Zoning Ordinance. 3. Variance from Ordinance 10, Section 9.06 A3 for Block 2, Lot 3 as the lot does not meet the 300 foot width at the building setback line. 4. A variance from Ordinance 10, Section 9.01 as the preliminary plat does not cover all of the owner's contiguous land. A contract between the developer and the owner does exist for 60 acres but the owner is still the fee owner of the 80 acres due to the fact the parcels have never been subdivided which prompted the variance. 5. Variance from Ordiance 10, Section 9.06 A3 for Block 4, Lot 4 as the buildable area does not meet the l50' x 150' requirement. 6. Subject to review of the preliminary plat by the utility company over petrolium pipeline and UPA easements. 7. Verification of the wetland Deliniation by Local Governmental Unit (LGU) which is the Lower Rum River WMO. 8. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 9. 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. 10. 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 Woodland Meadows 2nd Addition Adopted by the City Council of the City of Andover this 18th day of April ,19~. CITY OF ANDOVER ATTEST: l (, $c-k,~ fl' E. MCKelvey Mayor ~tUL Victor~a Volk - City Clerk 1",.;.1 T Y V.r. 1\l'l!JVV t.,I.t{ COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 055-95 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF TIMBER MEADOWS 3RD ADDITION AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CO. LOCATED IN SECTION 17, 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 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 8, Section 6.02 as the lot does not meet the minimum requirements at the front setback line of 300 feet as defined in Ordinance 8, Section 3.02 (Definitions). The following lots are requesting variances: Block l, Lot 2; Block 2, Lots 1, 3 & 5; Block 3, Lots 1 & 3. 2. Variance from Ordinance 10, Section 8.04 as the Special Use Permit application for a sign was not applied for in conjunction with the preliminary plat in accordance with the zoning Ordinance. 3. Variance from Ordinance 10, Section 9.02 C for Block 2, Lot 2 as the lot is proposed to front onto an existing Municipal State Aid Street. 4. Block 1, Lot 2 will require a easement to be vacated with the public hearing being held at the time of final plat approval. 5. Verification of the Wetland Delineation by Local Governmental unit (LGU) which is the Lower Rum River WMO. 6. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 7. 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. 8. 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 Timber Meadows 3rd Addi tion Adopted by the City Council of the City of Andover this 18th day of April ,19 95. CITY OF ANDOVER J/ t ht&y~ ~~. E. MCKelvey - yor ATTEJ: : ~ t/;/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R056-95 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF VICKIE HAGEN FOR A KENNEL LICENSE LOCATED AT 16157 HANSON BOULEVARD NW, LEGALLY DESCRIBED BELOW. WHEREAS, Vickie Hagen has requested a Special Use Permit for a kennel license on the property located at 16157 Hanson Boulevard NW, legally described as follows: The South 689.92 feet of the West 443.00 feet of the South Half of the Northwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. Except that part platted as ANOKA COUNTY RIGHT OF WAY PLAT NO. 27. Except that part platted as ANOKA COUNTY RIGHT OF WAY PLAT NO. 20. Subject to an easement to United Power Association. Subject to easements of record if any; and WHEREAS, the planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 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 congestions or hazards; the use will not depreciate surrounding property values; and the use is consistent 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 for a kennel license requested by Vickie Hagen on said property with the following conditions: 1. The Special Use Permit shall be subject to annual review by Staff. 2. The kennel license shall be subject to annual renewal. 3. The number of dogs shall be limited to eight (8). Adopted by the City Council of the City of Andover on this 18th day of April , 1995. ATTEST: Ilz;-~ !f~ Victoria Va k, City Clerk CITY OF ANDOVER 1. {. ~v~ ~. E. McKelvey, M~or CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R057 -95 A RESOLUTION APPROVING THE VARIANCE REQUEST OF JEFF AND JUANITA THOMPSON TO ORDINANCE NO.8, SECTION 4.04(B) TO ALLOW FOR TWO (2) PRINCIPAL BUILDINGS OR STRUCTURES ON A PARCEL FOR A PERIOD OF 120 DAYS ON THE PROPERTY LOCATED AT 3123 173RD LANE NW, LEGALLY DESCRIBED BELOW. WHEREAS, Jeff and Juanita Thompson have requested a variance to Ordinance No.8, Section 4.04(B) to allow them to reside in an existing manufactured home while a single family structure being relocated is completed on the property located at 3123 173rd Lane NW, legally described as follows: The North 198 feet of the South 456 feet of the east 261.5 feet of the west 523 feet of the Southwest Quarter of the Southwest Quarter of Section 4, Township 32, range 24, Anoka County, Minnesota; Subject to easements of record if any; and WHEREAS, the Planning and Zoning Commission has reviewed the variance request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of the variance request. WHEREAS, the Planning and Zoning Commission has reviewed the request to relocate the single family structure and variance and recommends to the City Council approval of said 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 Jeff and Juanita Thompson to allow two single family structures on said property for a period of 120 days with the following conditions: 1. The relocated structure shall comply with the uniform Building Code and all applicable city ordinances. 2. The relocated structure shall be placed on a permanent foundation within thirty (30) days of the issuance of a building permit. 3. The existing manufactured home shall be removed within 120 days. Adopted by the City Council of the City of Andover this 18th day of April ,1995. ATTEST: CITY OF ANDOVER 2. IV, JJJc- ~'~ Ili. E. McKelv y, Ma r ~idL Victorla Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 058-95 A RESOLUTION GRANTING THE REQUEST OF JIM 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 161ST 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 l6, 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 1-11 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 3, 1996. Adopted by the City Council of the City of Andover on this 18th day of April, 1995. CITY OF ANDOVER ATTEST: ?/, C. )JJv~ ~. E. MCKelvey, . ayor ~;/~ Victoria volk, City Clerk l,;.L'n: Ut. A.NLJUVI:;J:, COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 059-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STREETS AND STORM SEWER , FOR PROJECT NO. 93-5 WINSLOW HILLS 3RD 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 $589,949.17, and the expenses incurred or to be incurred in the making of such improvement amount to $ 15l,027.05 and work previously done amount to $ l78,677.60 so that the total cost of the improvement will be $ 919,653.82 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 $ 124,524.37 the amount to be assessed against benefited property owners is declared to be $ 795,l29.45 . 2. Assessment 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 1995, 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 regular meeting this 18th day of April ,19 95 , with Councilmembers MCKelvey, Kunza, Knight, Dehn, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: t, [, ?lk <~ f/.1' E. McKe vey - M or ~i/~ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 060-95 lOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 93-5 WHEREAS, by a resolution passed by the City Council on April 18 19 95 , the City Clerk was directed to prepare a proposed assessment of cost of improvements for project No. 93-5 ; and , the WHEREAS, the 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, MN: 1. A hearing shall be held the 16th day of May, 1995 , in the City Hall at 7:00 P.M. 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 :han two weeks prior to the hearings. 3. The owner of any property so assessed prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of 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 3l of the succeeding year. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular Meeting this l8th day of April , 19~, with Councilmembers McKelvey, Knight, Kunza, Jacobson, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A.TTEST: j./~a j,IJ. E. MCKe'l vey - ~o r ~;/4 Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 061-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 94-18 FOR TRUNK SANITARY SEWER AND TRUNK WATERMAIN CONSTRUCTION IN THE AREA OF MIDDLE SCHOOL LOCATED IN SECTION 22-32-24 WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 035-95, dated March 21, 1995 , bids were received, opened and tabulated according to law with results as follows: 1. Ryan contracting 2. Northdale Construction 3. Barbarossa and Sons $584,297.40 $595,818.40 $623,967.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Ryan 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 Ryan Contracting in the amount of $584,297.40 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 Jacobson and adopted by the City Council at a April regular meeting this 18th day of , 19~, with Councilmembers McKelvey, Knight. Knuza, Jacobson, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: t t )JJ&~ . E. McKelvey - yor ;h~ I&- Vlctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062-95 A RESOLUTION CALLING UPON THE GOVERNOR AND LEGISLATORS TO PASS MAJOR WORKERS' COMPENSATION REFORM. WHEREAS, the average dost of workers' compensation in Minnesota is 40 percent higher than in Wisconsin; and WHEREAS, nearly $lOO million is spent by counties ($15.3 million), cities ($35 million), school districts ($23.9 million) and the State of Minnesota ($24.7 million) for direct workers' compensation. If these counties, cities, school districts were located in Wisconsin, their premiums for workers' compensation could be up to 40 percent less; and WHEREAS, local governments pay these high workers' compensation costs when employing private Minnesota contractors to perform services for their governments and these costs are not included in the $100 million direct workers' compensation costs; and WHEREAS, if Minnesota had workers' compensation reform which would be close to any of the bordering states, there would be less money spent on workers' compensation premiums and more money for property tax relief or services; and WHEREAS, local city and county development agencies find it increasingly difficult to bring good jobs to their community and expand their tax base because of high business costs, including workers' compensation; and WHEREAS, local governments need an expanding tax base if they are going to hold down property tax increases; and WHEREAS, between 1991 and 1992, 30 Minnesota manufacturing companies employing l,500 workers moved from Minnesota and all gave the reason for their move as Minnesota's high workers' compensation costs. NOW, THEREFORE BE IT RESOLVED that the City of Andover is calling upon our legislators and Governor to pass major workers' compensation reform which will make Minnesota's workers' compen- sation rates comparable to those of surrounding states. Adopted by the City Council of the City of Andover this 2nd day of May , 1995. CITY OF ANDOVER Attest: 1:' f, 174 ~~ .E. McKe vey - yor ;jk~ Vlctorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 063-95 A RESOLUTION AMENDING RESOLUTION NO. 080-94 APPROVING THE PRELIMINARY PLAT OF WOODLAND CREEK 5TH ADDITION AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CORPORATION IN SECTIONS 29 & 32, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the Andover review Committee has reviewed the revised preliminary plat citing the following revisions; and the City Council concurs on the following: 1. Resolution No. 080-94 continues to apply to this plat. 2. Block 1, Lot 1, has been added to the previous approved plat. NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Andover to hereby approve the revised preliminary plat of woodland Creek 5th Addition . Adopted by the City Council of the City of Andover this 2nd day of May , 19 95 . ATTEST: ;1;iu;u Ub Victoria Volk - City Clerk CITY OF ANDOVER J' r ~/;/2hyor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 064-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF WOODLAND CREEK 5TH ADDITION AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CORPORATION WHEREAS, the City Council approved the preliminary plat of Woodland Creek 5th Addition; and WHEREAS, the developer has presented the final plat of woodland Creek 5th Addition NOW, THEREFORE, BE IT RESOLVED hereby approve the final plat of contingent upon the receipt of the by the City Council of Andover to Woodland Creek 5th Addition follow1ng: 1. The City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer 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 or revisions thereof by the City. 4. Not be be signed by the Mayor or City Clerk until there is an executed Development Contract, escrow paid (15% of the total cost for the improvements for the property {streets, utilities, etc.}). 5. Street lights to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Park dedication has been paid in full. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 2nd day of May 19 95, with Councilmembers McKelvey, Kunza, Knight, Jacobson, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER f~~ V1ctoria Vol -City Clerk -C. {. mcJ(~~ ~. E. McKelvey - ayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 065-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 95-l FOR STREETS, WATERMAIN, SANITARY SEWER AND STORM WATER CONSTRUCTION IN THE AREA OF WOODLAND CREEK 5TH ADDITION WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 046-95 dated April 4, 1995 , bids were received, opened and tabulated according to law with results as follows: 1. Volk Sewer and Water 2. Hydrocon, Inc. 3. W.E. Miller $99,553.28 $99,712.00 $109,591. 30 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate volk Sewer and Water as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and city Clerk to enter into a contract with Volk Sewer and Water in the amount of $99,553.28 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 2nd day of May , 19~, with Councilmembers MCKelvey, Knight, Kunza, Dehn, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fl. { m~y,~ p. E. McKelvey - M or 4: iUb Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 066-95 A RESOLUTION ESTABLISHING 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 1995 shall be as follows: 1. 1 st Inspection 2. 2nd Inspection 3. 3rd Inspection 4. 4th and any Subsequent Inspections No Charge $35.00 $75.00 $100.00 each The above fees apply to repairs and alternatives requiring inspections as well as all new inspections. Adopted by the City Council of the City of Andover this 2nd day of May . 19J)L CITY OF ANDOVER ATTEST: , . IL irltJ' ' u~ tI,LL/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 067-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF CRACKSEALING PROJECT NO. 95-3 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. 95-3 BE IT FURTHER RESOLVED by the City Council of Andover to hereby designate the City Engineer for this improvement and he is directed to prepare specifications for such improvements. the City of as the Engineer plans and MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 2nd day of May , 19 95 ,with Councilmembers MCKelvey, Knight, Jacobson, Dehn, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (J. f. m ~-2. r tJ. E. MCK:1vey ~ayor ~Mb Vi ctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 068-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 95-3, FOR CRACKSEALING WHEREAS, pursuant to Resolution No. Council on the 2nd day of May , has prepared final plans and specifications for crack sealing ; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 2nd day of May ,19 95 -95, adopted by the City 19 95 ,the City Engineer for project 95-3 NOW, THEREFORE, BE IT RESOLVED by the City Council 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 ll:OO AM Tuesday, May 30 ,19~ at the Andover City Hall. MOTION seconded by Councilmember adopted by the City Council at a Dehn and regular meeting this 2nd day of May , 19~, with Councilmembers Knight, McKelvey, voting in favor of the resolution and Kunza, Jacobson, Dehn Councilmembers none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J,t MJ(~ (/0. E. McKelvey - yor ~(fL Victoria Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 069-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET CONSTRUCTION , PROJECT NO. 95-7 IN THE OAK HOLLOW AND ADJACENT AREAS. WHEREAS, April 24 improvements; the City Council has received a petition, dated , 19~, requesting the construction of and WHEREAS, such petition has been validated to contain the signatures of more than 35% 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 as adequate. 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 2nd day of May 19~, with Councilmembers Knight, Kunza, McKelvey, Jacobson, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fl, {j ~ ~~~ p. E. McKe vey - or Vi*V~City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 070-95 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota (the "city"), as follows: 1. Reci tals. (a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2, 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 of the 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 from 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 to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (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 similar 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 (1) contain a reasonably accurate description of the "project," as defined in the Regulations (which may include the property or program to be 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 project 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 from 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 of the 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 2nd day of May Andover City Counci~ , 1995, by the 2 EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and acting City Clerk of the City of Andover, Minnesota (the "City"), 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: ( 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 $ 6,000,000,00 is the maximum principal amount of the Bonds which will be issued to finance the PROJECT. , 4. Each expenditure to be reimbursed from 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 l.150-2(d)(3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: May 2 , 1995 Lz-~/LL City Clerk City of Andover, Minnesota CERTIFICATION The undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, hereby certifies the following: 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 meeting of the Council held on May 2 , 1995. Said meeting was duly called, regularly held, open to the public, and held at the place at which meetings 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 of the motion to adopt the Resolution: Dehn, Jacobson, Knight, Kunza, McKelvey and the following voted against the same: None 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 ~ day of May, 1995. u~ !(Lb City Clerk City of Andover, Minnesota EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: May 2, 1995 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 2nd day of May, 1995, at 7:00 P.M., for the purpose, in part, of considering bids for, and awarding the competitive negotiated sale of, $825,000 General Obligation Improvement Refunding Bonds, Series 1995B of the City. The following members were present: McKelvey, Knight, Jacobson, Dehn, Kunza and the following were absent: None The City Clerk presented bids on $825,000 General obligation Improvement Refunding Bonds, Series 1995B of the City, for which proposals were to be received, opened and tabulated by the City Clerk, or her designee, this same day; in accordance with the resolution adopted by the City council on April 4, 1995. The following proposals were received, opened and tabulated at 11:00 A.M., Central Time, at the offices of springsted Incorporated, in the presence of the City Clerk, or her designee, on this same day: Bidder Interest Rate True Interest cost 288964.1 85 E. SEVENTH PLACE, SUITE 100 SAINT PAUL, MN 55101-214-3 612.223-3000 FAX, 612-223-3002 // SPRINGSTED Public FlTIt1l1Ce Advisors ~ $825,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1995B AWARD: PIPER JAFFRA Y INC. JOHN G. KINNARD & COMPANY INCORPORATED DOUGHERTY, DAWKINS, STRAND & BIGELOW, INCORPORATED And Associate SALE: May 2, 1995 Moody's Rating: Baa1 Interest Net Interest True Interest Bidder Rates Price Cost Rate PIPER JAFFRAY INC. 4.40% 1996 $819,390.00 $119,873.75 4.9328% JOHN G. KINNARD & COMPANY 4.55% 1997 INCORPORATED 4.65% 1998 DOUGHERTY, DAWKINS, STRAND & 4.75% 1999 BIGELOW, INCORPORATED 4.85% 2000 American Bank National Association FBS INVESTMENT SERVICES, INC. 4.40% 1996 $819,885.00 $120,486.67 4.9556% NORWEST INVESTMENT SERVICES, INC. 4.60% 1997 4.70% 1998 4.80% 1999 4.90% 2000 FIRSTAR BANK MILWAUKEE, NA 4.60% 1996 $820,050.00 $122,980.83 5.0579% 4.70% 1997 4.80% 1998 4.90% 1999 5.00% 2000 (Continued) SAINT PAUL, MN MINNEAPOLIS, MN . BROOKFIELD, WI OVERLAND PARK. KS WASHINGTON, DC lOW A CITY, IA Interest Net Interest True Interest Bidder Rates Price Cost Rate CRONIN & COMPANY, INCORPORATED 5.00% 1996-1999 $820,064.40 $127,430.60 5.24370/< 5.10% 2000 DAIN BOSWOHTH INCORPORATED 5.00% 1996-2000 $819,225.00 $127,650.00 5.2576% These Bonds are being reoffered at par. BBI: 6.06% Average Maturity: 2.95 Years The Council then proceeded to consider and discuss the bids, after which member Dehn introduced the following resolution and moved its adoption: NO. R071-95 RESOLUTION ACCEPTING BID ON THE COMPETITIVE NEGOTIATED SALE OF $825,000 GENERAL OBLIGATION IMPROVEMENT REFUNDING BONDS, SERIES 1995B, AND PROVIDING FOR THEIR ISSUANCE A. WHEREAS, the city of Andover, Minnesota (the "city"), has heretofore issued $2,350,000 General Obligation Improvement Bonds of 1985, dated August 1, 1985 (the "Prior Bonds"), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements (the "Project"); and B. WHEREAS, $815,000 in principal amount of the Prior Bonds which mature in the years 1996 and thereafter are subject to redemption and prepayment at the option of the City on August 1, 1995 and on any interest payment date thereafter at a price of par plus accrued interest as provided in the resolution of the city Council, dated July 16, 1985, authorizing the issuance of the Prior Bonds (the "Prior Resolution"); and C, WHEREAS, the city Council deems it desirable and in the best interests of the City to call for redemption and prepayment all of the Prior Bonds which mature on August 1, 1996 and thereafter on August 1, 1995, in accordance with the Prior Resolution in order to reduce the debt service costs to the city; and D. WHEREAS, the city council has heretofore determined and declared that it is necessary and expedient to issue $825,000 General Obligation Improvement Refunding Bonds, Series 1995B of the City, pursuant to Minnesota statutes, Chapter 475, to provide funds to pay on August 1, 1995, all of the City'S Prior Bonds which then remain outstanding (the "Refunding"); and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceotance of Bid. The bid of Piper Jaffrav Inc. (the "Purchaser"), to purchase $825,000 General Obligation Improvement Refunding Bonds, Series 1995B of the City (the "Bonds", or individually a "Bond"), in accordance with the terms of proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $819.390.00 , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the Bonds are hereby awarded to said bidder. The City Clerk is directed to retain the deposit of said bidder and to forthwith return to the unsuccessful bidders their good faith checks and drafts. 268964. 1 2 2. Title: Oriainal Issue Date: Denominations: Maturities. The Bonds shall be titled "General Obligation Improvement Refunding Bonds, Series 1995B", shall be dated June 1, 1995, 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 Bonds shall mature, without option of prepayment, on August 1 in the years and amounts as follows: Year Amount Year Amount 1996-1997 1998 $190,000 170,000 1999 2000 $155,000 120,000 All dates are inclusive. 3. Puroose. The Bonds (together with other available funds, if any, appropriated in paragraph 15 hereof) shall provide funds to finance the Refunding. It is hereby found, determined and declared that the Refunding is pursuant to Minnesota statutes, Section 475.67 and shall result in a reduction of debt service to the City. 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, 1996, 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 1996 4.40 % 1999 4.75 % 1997 4.55 2000 4.85 1998 4.65 5. No Redemotion. The Bonds shall not be subject to redemption and prepayment prior to their maturity. 6. Bond Reaistrar. 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. 288964. 1 3 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: 288964.1 4 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION IMPROVEMENT REFUNDING BOND, SERIES 1995B INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP JUNE 1, 1995 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, 1996, 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 , in (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 288964.1 5 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. 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. 288964.1 6 Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. , Bond Registrar By Authorized Signature 288964.1 Registrable by: Payable at: CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk 7 ON REVERSE OF BOND No Redemption. The Bonds of this issue (the "Bonds") are not subject to redemption and prepayment prior to their maturity. Issuance: Puroose: General Obliqation. This Bond is one of an issue in the total principal amount of $825,000, 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 2, 1995 (the "Resolution"), for the purpose of providing money to redeem on August 1, 1995, all of the outstanding General Obligation Improvement Bonds of 1985, dated August 1, 1985 of the Issuer. This Bond is payable out of the General Obligation Improvement Refunding Bonds, Series 1995B 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: Exchanae: Resolution. The Bonds are issuable solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single maturity 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 288964.1 8 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 Reaistered 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-Exemot Obliaation. 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 TEN ENT JT TEN - as tenants in common - as tenants by the entireties - as joint tenants with right of and not as tenants in common as custodian for survivorship UTMA - (Cust) under the (Minor) Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 288964.1 9 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.) 288964.1 10 8. Execution: Temoorarv Bonds. The Bonds 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 facsimile; and provided further that both of such signatures may be printed 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, 1995. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Reaistration: Transfer: Exchanae. 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 principal office of the Bond (if necessary), and the Bond transfer of any Bond at the Registrar, the City shall execute Registrar shall authenticate, insert 288964.1 11 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. 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. 11. Riqhts Uoon Transfer or Exchanqe. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carryall the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 288964.1 12 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 Reaistered 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: Aoolication 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. (a) $807,075 of the proceeds of the Bonds shall be deposited in the General Obligation Improvement Bonds of 1985 Fund (the "Redemption Fund") heretofore created by section 3 of the Prior Resolution for the Prior Bonds, which amount, together with all other funds held therein, is sufficient to prepay the outstanding Prior Bonds on August 1, 1995. (b) There is hereby created a special fund to be designated the "General Obligation Improvement Refunding Bonds, Series 1995B 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 "Payment Account" and "Debt Service Account", respectively. 288964.1 13 (i) Payment Account. There shall be deposited in the Payment Account $ 12,150 of the remaining proceeds of the Bonds from which any costs of issuing the Bonds shall be paid. Monies in the Payment Account shall be used to pay any costs of issuing the Bonds. Any monies remaining in the Payment Account after all costs of issuance have been paid or provided for shall be transferred to the Debt Service Account for the Bonds. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all uncollected special assessments pledged to the payment of the Prior Bonds; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $819,225; (d) any collections of all taxes which may hereafter be levied in the event that the special assessments pledged to the payment of the principal and interest on the Bonds are insufficient therefor; (e) any collections of all taxes heretofore levied for the payment of the Prior Bonds and interest thereon which are not needed to pay the Prior Bonds as a result of the Refunding; (f) all funds remaining in the Payment Account after all costs of issuing the Bonds have been paid; (g) any funds remaining on deposit in the Redemption Fund established for the Prior Bonds after the same have been paid and discharged; (h) all investment earnings on funds held in the Debt Service Account; and (i) 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. 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 Payment 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 288964.1 14 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. Special 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 all uncollected special assessments are now pledged to the payment of principal and interest on the Bonds herein authorized. 17. Coveraae 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, 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 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. 19. General Obliqation Pledae. 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. 288964.1 15 20. Notice of Call for Redemption. The Clerk is hereby authorized and directed to give mailed notice of redemption prior to August 1, 1995 to First Trust National Association, in st. Paul, Minnesota, the paying agent for the Prior Bonds. Said notice shall be in substantially the form attached hereto as Exhibit A. 21. Prior Bonds; Securitv. 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. 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 furnished, shall be deemed representations of the City as to the facts recited therein. 24. Neqative 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. 25. Tax-Exempt status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States 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. 288964. 1 16 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 (l) 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 l48(f) (4) (D) of the Code. Furthermore: (i) there shall not be taken into account for purposes of said $5,000,000 limit any bond issued to refund (other than to advance refund) any bond to the extent the amount of the refunding bond does not exceed the outstanding amount of the refunded bond; (ii) the aggregate face amount of the Bonds does not exceed $5,000,000; (iii) 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 governmental units issuing $5,000,000 or less of bonds; (iv) the average maturity of the Bonds does not exceed the average maturity of the Prior Bonds; and (~) no part of the Bonds has a maturity date which 1S later than the date which is thirty (30) years after the dates the Prior Bonds were issued. 26. Desianation of Oualified Tax-Exempt Obliaations; Issuance Limit. 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; 288964.1 17 (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 1995 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1995 have been designated for purposes of section 265(b) (3) of the Code; (f) the aggregate face amount of the Bonds does not exceed $10,000,000; and (g) the Bonds are issued to refund, and not to "advance refund" the Prior Bonds within the meaning of Section 149(d) (5) of the Code, and shall not be taken into account under the $10,000,000 issuance limit to the extent the Bonds do not exceed the outstanding amount of the Prior Bonds. 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 provlslon 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. Headinas. 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. 288964.1 l8 The motion for the adoption of was duly seconded by member Kunza discussion thereof and upon a vote being following voted in favor thereof: McKelvey, Knight, Dehn, Jacobson, Kunza the foregoing resolution and, after a full taken thereon, the and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 2889l>4.1 19 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 bids for, and awarding the competitive negotiated sale of, $825,000 General Obligation Improvement Refunding Bonds, Series 1995B of said City. WITNESS my hand this 2nd day of May, 1995. ~itv Clerk 288964. 1 20 EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS OF 1985 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, 1995 those outstanding bonds of the City designated as General obligation Improvement Bonds of 1985, dated August 1, 1985, having stated maturity dates in the years 1996 through 2000, and totalling $815,000 in principal amount. The bonds are being called at a price of par plus accrued interest to August 1, 1995, 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 Saint Paul, Minnesota 55164- 0111, on or before August 1, 1995. Dated: May 2, 1995. BY ORDER OF THE CITY COUNCIL Isl Victoria 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: SPRINGSTED INCORPORATED 180 East Seventh Place suite 100 st. Paul, Minnesota 55101-2143 Telephone No.: (612) 223-3000 288964.1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: May 2, 1995 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 2nd day of May, 1995, at 7:00 P.M., for the purpose, in part, of considering bids for, and awarding the competitive negotiated sale of, $2,605,000 General Obligation Improvement Bonds, Series 1995A of the City. The following members were present: Kunza, Dehn, McKelvey, Knight, Jacobson and the following were absent: None The city Clerk presented bids on $2,605,000 General Obligation Improvement Bonds, Series 1995A of the City, for which proposals were to be received, opened and tabulated by the City Clerk, or her designee, this same day, in accordance with the resolution adopted by the City Council on April 4, 1995. The following proposals were received, opened and tabulated at 11:00 A.M., Central Time, at the offices of Springsted Incorporated, in the presence of the City Clerk, or her designee, on this same day: Bidder Interest Rate True Interest Cost 28Bll66.1 85 E. SEVENTH PLACE, SUITE 100 SAINT PAUL, MN 55101-21+3 612-223-3000 FAX, 612-223-3002 // SPRINGSTED Publk: Finotu:e Advisors ~ $2,605,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A AWARD: FBS INVESTMENT SERVICES, INC. NORWEST INVESTMENT SERVICES, INC. SALE: May 2,1995 Moody's Rating: Aaa Standard & Poor's Rating: AAA Capital Guaranty Insured Bidder Price FBS INVESTMENT SERVICES, INC. NORWEST INVESTMENT SERVICES, INC. PIPER JAFFRAY INC. JOHN G. KINNARD & COMPANY INCORPORATED DOUGHERTY, DAWKINS, STRAND & BIGELOW, INCORPORATED American Bank National Association Interest Rates Net Interest True Interest Cost Rate 4.80% 1997 4.85% 1998-2001 4.95% 2002 5.05% 2003 5.10% 2004 5.20% 2005 5.30% 2006 $2,576,345.00 $895,492.50 5.2639% 4.95% 1997-2001 5.00% 2002 5.05% 2003 5.15% 2004 5.25% 2005 5.35% 2006 $2,576,345.00 $905,300.00 5.3229% (Continued) SAINT PAUL, MN MINNEAPOLIS. MN BROOKFIELD, WI ' OVERLAND PARK. KS . WASHINGTON, DC IOWA CITY, IA Interest Bidder Rates FIRSTAR BANK MILWAUKEE, N.A. 4.95% 1997 OPPENHEIMER & CO., INC. 5.00% 1998-2001 5.10% 2002 5.15% 2003 5.25% 2004 5.30% 2005 5.40% 2006 DAIN BOSWORTH INCORPORATED 5.00% 1997-2000 5.05% 2001 5.10% 2002 5.20% 2003 5.30% 2004 5.40% 2005 5.50% 2006 CRONIN & COMPANY, INCORPORATED 5.20% 1997-2003 5.30% 2004 5.40% 2005 5.50% 2006 NIKE SECURITIES 5.125% 1997-1999 ABN AMRO SECURITIES 5.20% 2000-2002 RAYMOND JAMES & ASSOCIATES 5.30% 2003 5.40% 2004 5.50% 2005 5.60% 2006 Net Interest True Interest Price Cost Rate $2,576,483.30 $916,774.20 5.3899% $2,577,450.19 $925,355.64 5.4370% $2,580,205.00 $932,291.67 5.4786% $2,576,852.50 $945,332.08 5.5563% REOFFERING SCHEDULE OF THE PURCHASER ~ Ym ~ 4.80% 4.85% 4.85% 4.85% 4.85% 4.95% 5.05% 5.10% 5.20% 5.30% 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 4.50% 4.60% 4.70% 4.80% Par Par Par Par Par Par B81: 6.06% Average Maturity: 6.56 Years T The Council then proceeded to consider and discuss the bids, after which member ~.~.. introduced the following resolution and moved its a option: NO. R072-95 RESOLUTION ACCEPTING BID ON THE COMPETITIVE NEGOTIATED SALE OF $2,605,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the city of Andover, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $2,605,000 General Obligation Improvement Bonds, Series 1995A of the city, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance public improvements within the City (the "Improvements"); and B. 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 C. WHEREAS, the City has determined that the Bonds are treated as if sold prior to March 31, 1995 within the meaning of the proposed Omnibus Tax Bill which contains a property tax freeze for taxes payable in 1996 and 1997 and, therefore, are exempt from the freeze for taxes payable in 1997; and D. WHEREAS, no tax levy will be required for taxes payable in 1996 to pay debt service as the Bonds because sufficient funds are available from nonproperty tax sources to pay the debt service; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceotance of Bid. The bid of FBS InvestnEnt services, Inc. (the "purChaser"), to purchase $2,605,000 General Obligation Improvement Bonds, Series 1995A of the City (the "Bonds", or individually a "Bond"), in accordance with the terms of proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ 2.576.345.00 , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the Bonds are hereby awarded to said bidder. The City Clerk is directed to retain the deposit of said bidder and to forthwith return to the unsuccessful bidders their good faith checks and drafts. 2. Title: Oriainal Issue Date: Denominations: Maturities. The Bonds shall be titled "General Obligation Improvement Bonds, Series 1995A", shall be dated June 1, 1995, as the date of original issue and shall be issued forthwith on or 288866. , 2 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 Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 1997 $205,000 2002 $265,000 1998 215,000 2003 280,000 1999 230,000 2004 295,000 2000 240,000 2005-2006 310,000 2001 255,000 All dates are inclusive, 3. Puroose. 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, 1996, 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 4.80 % 2002 4.95 % 1998 4.85 2003 5.05 1999 4.85 2004 5.10 2000 4.85 2005 5.20 2001 4.85 2006 5.30 5. Redemption. All Bonds maturing in the years 2005 and 2006 shall be subject to redemption and prepayment at the option of the City on February 1, 2004, and on any date there- after at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the 21l81l66.1 3 redemption date, and interest thereon shall cease to accrue from and after the redemption date, Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or 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 Reaistrar. 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: 288866.1 4 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1995A INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP JUNE 1, 1995 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, 1996, 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 , in (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 288866.1 5 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. 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. 288866.1 6 Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. , Bond Registrar By Authorized Signature 288866.1 Registrable by: Payable at: CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA Isl Facsimile Mayor Isl Facsimile Clerk 7 ON REVERSE OF BOND Redemption. All Bonds of this issue (the "Bonds") maturing in the years 2005 and 2006 are subject to redemption and prepayment at the option of the Issuer on February l, 2004, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. 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: Purpose: General Obliqation. This Bond is one of an issue in the total principal amount of $2,605,000, 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 288866. 1 8 Issuer on May 2, 1995 (the "Resolution"), for the purpose of providing money to finance public improvements within the jurisdiction of the Issuer. This Bond is payable out of the General obligation Improvement Bonds, series 1995A 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 the denominations of $5,000 and integral multiples thereof of a single maturity 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. 288866.1 9 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. 288866.1 10 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.) 288866.1 11 8. Execution: Temporarv Bonds. The Bonds 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 facsimile; and provided further that both of such signatures may be printed 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, 1995. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Reaistration: 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 principal office of the Bond (if necessary), and the Bond transfer of any Bond at the Registrar, the City shall execute Registrar shall authenticate, insert 288866.1 12 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. 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. 11. Riqhts Upon Transfer or Exchanqe. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carryall the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 288866.1 13 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. l3. 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: Application 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, Series 1995A 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 $2,576,345 and less capitalized interest in the amount of $72,770 (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 February 1, 1996), plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs 288866.1 14 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 taxes or special assessments herein levied or covenanted to be levied; and provided further that if upon com- pletion 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 princi- pal 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 $2,576,345; (d) capitalized interest in the amount of $ 72.770 and available moneys of the City which shall be deposited by the City in the Debt Service Account at bond closing (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 February 1. 1997); (e) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (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 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. 288866.1 15 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 twenty percent (20%) 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 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 conditions in existence at the time the assessments are levied, the assessments 288866.1 l6 are hereby authorized and 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 7.0% per annum for assessments filed in 1994 and not less than 6.5% per annum for assessments filed in 1995: Improvement Collection Desiqnation Amount Levv Years Years (i) #93-18, Pine Hills $ 91,000 1994-2003 1995-2004 Addition (ii) #93-30, Bunker Lake 283,455 1995-2004 1996-2005 Boulevard Frontage Road (iii) #94-5, SuperAmerica 141,104 1995-2004 1996-2005 Addition (iv) #94-17, Quickstrom 26,281 1995-2004 1996-2005 Addition Watermain (v) #94-18, Section 22, 586,316 1995-2004 1996-2005 Trunk Sanitary Sewer, watermain (vi) #94-22, Crown pointe 1,242,237 1995-2004 1996-2005 East (vii) #94-24, Pov's 42.328 1994-2003 1995-2004 Utilities TOTAL $2.412.721 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. Tax Levv; Coveraqe Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the city a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the city for the years and in the amounts as follows: Year of Tax Year of Tax Levv Collection Amount 1996 1997 $10,877 1997 1998 15,678 1998 1999 14,465 1999 2000 17,993 2000 2001 15,508 288866. 1 17 2001 2002 2003 2004 2002 2003 2004 2005 $17.484 18.387 18.335 20.747 The tax levies are such that if collected in full they, together with estimated collections of special assessments and 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. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota statutes, section 475.61, Subdivision 3. 18. 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, 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 reim- burse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). 288866. 1 18 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 (iE) 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 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. 288866.1 19 (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. General Obliqation Pledae. 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. 21. 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, and that the tax levy required by law has been made. 22. 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. 23. Neqative Covenant as to Use of Proceeds and Improvements. 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 arrange- ments 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. 288866.1 20 24. Tax-Exempt status of the Bonds: Rebate: Elections. 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 any elections are available now or hereafter with respect to arbitrage or rebate matters relating to the Bonds, the Mayor, Clerk and Treasurer or any of them, are hereby authorized and directed to make such elections as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 25. D~sianation of Oualifi~d Tax-Exemot Obliaations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b) (3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the city hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of section 265(b) (3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the city (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1995 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1995 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. 26. 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 288866.1 21 of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. 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 adoption of was duly seconded by member Dehn discussion thereof and upon a vote being following voted in favor thereof: the foregoing resolution and, after a full taken thereon, the McKelvey, Jacobson, Knight, Kunza, Dehn and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 288l166.1 22 , 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, 00 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 bids for, and awarding the competitive negotiated sale of, $2,605,000 General obligation Improvement Bonds, Series 1995A of said City. WITNESS my hand this 2nd day of May, 1995. u~~ Clerk 288866. 1 23 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: May 2, 1995 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 2nd day of May, 1995, at 7:00 P.M., for the purpose, in part, of considering bids for, and awarding the competitive negotiated sale of, $515,000 General Obligation Equipment Certificates of Indebtedness, Series 1995C of the city. The following members were present: McKelvey, Knight, Dehn, Kunza, Jacobson and the following were absent: None The City Clerk presented bids on $515,000 General Obligation Equipment certificate of Indebtedness, Series 1995C of the City, for which proposals were to be received, opened and tabulated by the City Clerk, or her designee, this same day, in accordance with the resolution adopted by the City Council on April 4, 1995. The following proposals were received, opened and tabulated at 11:00 A.M., Central Time, at the offices of Springsted Incorporated, in the presence of the City Clerk, or her designee, on this same day: Bidder Interest Rate True Interest Cost 288871.1 85 E. SEVENTH PLACE, SUITE 100 SAINT PAUL, MN S5101.2143 612-223-3000 FAX, 612-223-3002 // SPRINGSTED Public FUUlIU:e Advisors ~ $515,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 1995C PIPER JAFFRA Y INC. JOHN G. KINNARD & COMPANY INCORPORATED DOUGHERTY, DAWKINS, STRAND & BIGELOW, INCORPORATED And Associate AWARD: SALE: May 2,1995 Moody's Rating: Baa1 Price Bidder PIPER JAFFRAY INC. JOHN G. KINNARD & COMPANY INCORPORATED DOUGHERTY, DAWKINS, STRAND & BIGELOW, INCORPORATED American Bank National Association FBS INVESTMENT SERVICES, INC. NORWEST INVESTMENT SERVICES, INC. FIRSTAR BANK MilWAUKEE, N.A. Interest Rates Net Interest True Interest Cost Rate 4.40% 1996 4.55% 1997 4.65% 1998 4.75% 1999 4.85% 2000 $511,498.00 4.9833% $86,600.33 4.40% 1996 4.60% 1997 4.70% 1998 4.80% 1999 4.90% 2000 $511,807.00 5.0128% $87,149.67 4.60% 1996 4.70% 1997 4.80% 1998 4.90% 1999 5.00% 2000 $511,652.50 5.1246% $89,074.17 (Continued) SAINTPAUL,MN. MINNEAPOLlS,MN . BROOKFIELD, WI QVERLANDPARK,KS' WASHINGTON. DC . IOWACITY,IA Bidder Interest Rates Price Net Interest True Interest Cost Rate CRONIN & COMPANY, INCORPORATED 5.00% 1996-2000 $511,728.20 $90,438.47 5.20480/ DAIN BOSWORTH INCORPORATED 5.00% 1996-2000 $511,395.00 $90,771.67 5.2262% These Certificates are being reoffered at par. BBI: 6.06% Average Maturity: 3.39 Years The council then proceeded to consider and discuss the bids, after which member Kn i eht introduced the following resolution and moved its adoption: NO. R073-95 RESOLUTION ACCEPTING BID ON THE COMPETITIVE NEGOTIATED SALE OF $515,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 1995C, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the city of Andover, Minnesota (the "city"), has heretofore determined and declared that it is necessary and expedient to issue $515,000 General Obligation Equipment certificates of Indebtedness, Series 1995C of the City, pursuant to Minnesota statutes, Chapter 475 and Minnesota statutes, Section 4l2.301, to finance equipment purchases (the "project"); and B. WHEREAS, each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the certificates; and C. WHEREAS, the principal amount of the certificates does not exceed 0.25% of the market value of the City; and D. WHEREAS, the City has determined that the Certificates are treated as if sold prior to March 31, 1995 within the meaning of the proposed Omnibus Tax Bill which contains a property tax freeze for taxes payable in 1996 and 1997 and, therefore, are exempt from the freeze for taxes payable in 1997; and E. WHEREAS, no tax levy will be required for taxes payable in 1996 to pay debt service as the Certificates because sufficient funds are available from nonproperty tax sources to pay the debt service; and NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Andover, Minnesota, as follows: 1. Acceptance of Bid. The bid of piper Jaffray Inc. (the "Purchaser"), to purchase $515,000 General Obligation Equipment Certificates of Indebtedness, Series 1995C of the City (the "Certificates", or individually a "Certificate"), in accordance with the terms of proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ 51l.498 , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable bid received and is hereby accepted, and the Certificates are hereby awarded to said bidder. The Clerk is 288871.1 2 directed to retain the deposit of said bidders and to forthwith return to the unsuccessful bidders their good faith checks or drafts, 2. Title: Oriqinal Issue Date: Denominations: Maturities. The Certificates shall be titled "General Obligation Equipment Certificates of Indebtedness, Series 1995C", shall be dated June 1, 1995, as the date of original issue and shall be issued forthwith on or after such date as fully registered certificates. The certificates 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 Certificates shall mature, without option of prepayment, on February 1 in the years and amounts as follows: Year Amount ~ Amount 1996 1997 1998 $ 40,000 50,000 100,000 1999 2000 $150,000 175,000 3. Purpose. The Certificates shall provide funds to finance the Project (the "Equipment"). 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 Certificates. 4. Interest. The certificates shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest payment Date"), commencing February 1, 1996, 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 1996 4.40 % 1999 4.75 % 1997 4.55 2000 4.85 1998 4.65 5. No Redemption. The Certificates shall not be subject to redemption and prepayment prior to their maturity. 6. Reqistrar. First Trust National Association in st. Paul, Minnesota , is appointed to act as registrar and transfer agent with respect to the certificates (the "Registrar"), and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any contract the City and Registrar shall execute which is consistent herewith. 288871.1 3 The Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. principal and interest on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in the manner set forth in the form of certificate and paragraph 12 of this resolution. 7, Form of Certificate. The Certificates, together with the Registrar's certificate of Authentication, the form of Assignment and the registration information thereon, shall be in SUbstantially the following form: 28ll871.1 4 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER $ R- GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF INDEBTEDNESS, SERIES 1995C INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP JUNE 1, 1995 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, without option of prepayment, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest payment Date"), commencing February 1, 1996, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Certificate will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this certificate are payable upon presentation and surrender hereof at the principal office of , in . , (the "Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Certificate is registered (the "Holder") on the registration books of the Issuer maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable 288871 . 1 5 to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Holders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this certificate are payable in lawful money of the United States of America. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS CERTIFICATE 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, laws of the State of Minnesota to be done. to happen and to be performed, precedent to and in the issuance of this certificate, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Certificate, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this certificate to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. 288871. 1 6 Date of Registration: REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Certificate is one of the Certificates described in the Resolution mentioned within. Registrar By Authorized signature 288871.1 Registrable by: Payable at: CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA Isl Facsimile Mayor Isl Facsimile Clerk 7 ON REVERSE OF CERTIFICATE No Redemption. The Certificates of this issue (the "Certificates") are not subject to redemption and prepayment prior to their maturity. Issuance: Purpose: General Obliqation. This Certifi- cate is one of an issue in the total principal amount of $515,000, all of like date of original issue and tenor. except as to number, maturity, interest rate and denomination, which Certificate 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 2, 1995 (the "Resolution"), for the purpose of providing money to finance equipment purchases. This Certificate is payable out of the General Obligation Equipment certificates of Indebtedness. series ~995C Fund of the Issuer. This Certifi- cate 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: Exchanae: Resolution. The certificates are issuable solely as fully registered certificates in the denominations of $5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Certificates of other authorized denominations in equal aggregate principal amounts at the principal office of the Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Registrar. Copies of the Resolution are on file in the principal office of the Registrar. Transfer. This certificate is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Registrar upon presentation and surrender hereof to the Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in exchange for this Certificate, one or more new fully registered Certificates in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Certificate, of the same maturity and bearing interest at the same rate. 288871. 1 8 Fees upon Transfer or Loss. The Registrar may require payment of a sum sufficient to cover any tax or other govern- mental charge payable in connection with the transfer or exchange of this Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment of Reqistered Owners. The Issuer and Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this certificate shall be overdue, and neither the Issuer nor the Registrar shall be affected by notice to the contrary. Authentication. This Certificate shall not be valid or become obligatory for any purpose or be entitled to any security unless the certificate of Authentication hereon shall have been executed by the Registrar. Oualified Tax-Exempt Obliaation. This Certificate 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 Certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 288871.1 9 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Certificate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within certificate in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a) (2). The Registrar will not effect transfer of this Certificate unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Certificate is held by joint account.) 288871 . 1 10 8. Execution: Temporarv Certificates. The Certifi- cates 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 facsimile; and provided further that both of such signatures may be printed facsimiles and the corporate seal may be omitted on the Certificates as permitted by law. In the event of disability or resignation or other absence of either such officer, the certificates 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 Certificates shall cease to be such officer before the delivery of the Certificates, 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 certificates, one or more typewritten temporary certificates in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary certificate. Such temporary certificates may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary certificates shall, upon the printing of the definitive certificates and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No certificate shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Certificate, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Registrar. certificates of Authentication on different certificates need not be signed by the same person. The Registrar shall authenticate the signatures of officers of the city on each Certificate by execution of the certificate of Authentication on the certificate and by inserting as the date of registration in the space provided the date on which the Certificate is authenticated, except that for purposes of delivering the original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of original issue, which date is June 1, 1995. The Certificate of Authentication so executed on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Reaistration; Transfer: Exchanqe. The City will cause to be kept at the principal office of the Registrar a certificate register in which, SUbject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the registration 288871.1 11 of transfers of certificates entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Certificate at the principal office of the Registrar, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Certificates of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Certificate may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Certificates may be exchanged for certificates of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Certificates to be exchanged at the principal office of the Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the certificates which the Holder making the exchange is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Registrar and thereafter disposed of as directed by the city. All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Certificate and any legal or unusual costs regarding transfers and lost certificates. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Registrar, including regulations which permit the Registrar to 288871. 1 l2 close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Riqhts Upon Transfer or Exchanqe. Each Certifi- cate delivered upon transfer of or in exchange for or in lieu of any other certificate shall carryall the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 12. Interest PaYment: Record Date. Interest on any certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the certificate is registered (the "Holder") on the registration books of the City maintained by the Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Reqistered Owner. The city and Registrar may treat the person in whose name any certificate is registered as the owner of such Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such certificate and for all other purposes whatsoever whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be affected by notice to the contrary. 14. Deliverv: Application of Proceeds. The certifi- cates 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 Equipment Certificates of Indebtedness, Series 1995C 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 288871.1 l3 Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Capital Account" and "Debt Service Account", respectively. (i) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the certificates, less accrued interest received thereon, and less any amount paid for the certificates in excess of $511,395. From the Capital Account there shall be paid all costs and expenses of the acquisition of the Equipment including all costs incurred and to be incurred of the kind authorized in Minnesota statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all accrued interest received upon delivery of the Certificates; (b) all funds paid for the certificates in excess of $511,395; (c) available moneys of the City in an amount necessary to pay the principal and interest on the certificates coming due on February 1, 1996 through February 1, 1997 which shall be deposited by the city in the Debt Service Account at closing; (d) any collections of all taxes herein or hereafter levied for the payment of the certificates and interest thereon; (e) all funds remaining in the capital Account after the payment of all costs of the Project; (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 of the certificates and any other general obligation certificates of the City hereafter issued by the city and made payable from said account as provided by law. No portion of the proceeds of the Certificates shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the certificates 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 certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from time to time held in the Capital Account or Debt Service Account (or any other city account which will be used to pay principal or interest to become due on the certificates payable therefrom) in 2B8871.1 14 excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United states or any agency or instrumentality thereof if and to the extent that such investment would cause the Certificates to be "federally guaranteed" within the meaning of section l49(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Levv: Coveraqe Test. To provide moneys for payment of the principal and interest on the Certificates there is hereby levied upon all of the taxable property in the city a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the city for the years and in the amounts as follows: Year of Tax Levv Year of Tax Collection Amount 1996 1997 $126.276 1997 1998 173.894 1998 1999 192.662 The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Certificates, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota statutes, section 475.6l, subdivision 3. 17. Defeasance. When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the certificates shall cease. The city may discharge its obligations with respect to any certificates which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The city may also at any time discharge its obligations with respect to any certificates, subject to the provisions of law now or hereafter authorizing and 288871. 1 15 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. l8. General Obliqation Pledqe. For the prompt and full payment of the principal and interest on the Certificates, as the same respectively become due, the full faith, credit and taxing powers of the city shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificates and any other certificates payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. certificate of 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 Certificates have been entered in the County Auditor's Register, and that the tax levy required by law has been made. 20. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Certificates, certified copies of all proceedings and records of the City relating to the Certificates and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Certificates as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 21. Compliance with Reimbursement Certificates 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 288871.1 16 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 (Hi) states the maximum principal amount of debt expected to be issued by the city for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Certificates. 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 Certificates or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following 288871.1 l7 (but not prior to) the issuance of the Certificates and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (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 Certificates are issued, shall be treated as made on the day the certificates are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 21 upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect that such action will not impair the tax-exempt status of the certificates. 22. Neqative Covenant as to Use of Proceeds and Equipment, The City hereby covenants not to use the proceeds of the Certificates or the Equipment financed thereby, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Equipment, in such a manner as to cause the certificates to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 23. Tax-Exempt Status of the certificates: Rebate: Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under section 103 of the Code of the interest on the Certificates, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Certificates, and (3) the rebate of excess investment earnings to the United States. If any elections are available now or hereafter with respect to arbitrage or rebate matters relating to the Certificates, the Mayor, Clerk and Treasurer or any of them, are hereby authorized and directed to make such elections as they deem necessary, appropriate or desirable in connection with the Certificates, and all such elections shall be, and shall be deemed and treated as, elections of the City. 24. Desiqnation of Oualified Tax-Exempt Obliqations. In order to qualify the Certificates as "qualified tax-exempt obligations" within the meaning of section 265(b) (3) of the Code, 288871 . 1 l8 the City hereby makes the following factual statements and representations: (a) the Certificates are issued after August 7, 1986; (b) the certificates are not "private activity bonds" as defined in section 141 of the Code; (c) the City hereby designates the certificates as "qualified tax-exempt obligations" for purposes of section 265(b) (3) of the Code. (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 1995 will not exceed $10,000,000; and (e) not more than $10.000,000 of obligations issued by the City during this calendar year 1995 have been designated for purposes of section 265(b) (3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 25. 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. 26. 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. 288871. 1 19 The motion for the adoption was duly seconded by Member Dehn full discussion thereof and upon vote following voted in favor thereof: McKelvey, Jacobson, Knight, Dehn, and the following voted against the same: None of the foregoing resolution and, after a being taken thereon, the Kunza Whereupon said resolution was declared duly passed and adopted. 288871.1 20 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 bids for, and awarding the competitive negotiated sale of, $515,000 General Obligation Equipment Certificates of Indebtedness, series 1995C of said City. WITNESS my hand this 2nd day of May," 1995. ~/db Clerk 288871.1 21 \...J...1-~ UJ:' .t\l'11UUVI:o.t'\ COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R074-95 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF DEBBIE BRINK FOR A KENNEL LICENSE LOCATED AT 208 l66TH AVENUE NW, LEGALLY DESCRIBED BELOW. WHEREAS, Debbie Brink has requested a Special Use Permit for a kennel license on the property located at 208 l66th Avenue NW, legally described as follows: Lot 8, Block 2. Rolling Forest WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 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 congestions or hazards; the use will not depreciate surrounding property values; and the use is consistent 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 for a kennel license requested by Debbie Brink on said property with the following conditions: 1. The Special Use Permit shall be subject to annual review by Staff. 2. The kennel license shall be subject to annual renewal. 3. The number of dogs shall be limited to six (6). Adopted by the City Council of the City of Andover on this 2nd day of May , 1995. CITY OF ANDOVER ATTEST: ~;J4 Victoria Volk, City Clerk J.r; ~~1 J {J'. E. MCKelvey~ayor EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA Pursuant to due call and notice thereof, a Special Meeting of the City Council of the City of Andover, Anoka County, Minnesota, was held at the City Hall in said City on Wednesday, May 10, 1995 commencing at 7:00 p.m. The following Councilmembers were present: MCKelvey, Knight, Dehn, Jacobson and the following were absent: Kunza *** *** *** *** *** The City Clerk presented affidavits showing publication and posting of notice of the Special Election held in and for the City on May 9, 1995, which affidavits were examined and found satisfactory and ordered placed on file. The City Clerk then presented the official returns to the City Council. Said returns were duly examined, canvassed and, upon the following questions, found to be as follows: Question: SHALL SPECIAL LICENSES BE GRANTED FOR THE SALE OF INTOXICATING LIQUOR ON SUNDAY IN THE CITY OF ANDOVER? Total of returns from all precincts: 1,114 1,163 Votes YES Votes NO Question: SHALL THE CITY OF ANDOVER, MINNESOTA BE AUTHORIZED TO ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $2,925,000 TO PROVIDE FUNDS FOR THE IMPROVEMENT OF EXISTING CITY PARKS? Total of returns from all precincts: Votes YES 641 Votes NO 1,631 Councilmember Jacobson thereupon introduced the following resolution and moved its adoption the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 075-95 A RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION HELD ON TUESDAY, MAY 9, 1995 IN THE CITY OF ANDOVER, MINNESOTA. BE IT RESOLVED by the City Council of the City of Andover, Minnesota that it is hereby found and determined that at the special election held in and for said City on May 9, 1995, upon the following questions: SHALL SPECIAL LICENSES BE GRANTED FOR THE SALE OF INTOXICATING LIQUOR ON SUNDAY IN THE CITY OF ANDOVER? there were cast a total of 2,277 votes, of which 1,114 were in favor of the aforesaid issue, and 1,163 were against same; 3 ballots were spoiled or defective; and the question is hereby declared disapproved. SHALL THE CITY OF ANDOVER, MINNESOTA BE AUTHORIZED TO ISSUE AND SELL ITS GENERAL OBLIGATION BONDS IN AN AMOUNT NOT TO EXCEED $2,925,000 TO PROVIDE FUNDS FOR THE IMPROVEMENT OF EXISTING CITY PARKS? there were cast a total of 2,272 votes, were in favor of the aforesaid issue, and against same; 3 ballots were spoiled question is hereby declared disapproved. of which 641 1,631 were or defective; and the The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Knight , and upon vote being taken thereon, the following voted in favor thereof: Knight, McKelvey, Dehn, Jacobson, Kunza (absent) and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. CITY OF ANDOVER Attest: ~t ~~~ .E. ~c elvey - yor ~JIb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R075A--95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT COMPANY TO ERECT AN AREA IDENTIFICATION SIGN ON LOT 3, BLOCK 1, TIMBER MEADOWS THIRD ADDITION. WHEREAS, Woodland Development Company has requested a Special Use Permit to erect an area identification sign (permanent monument) on the property described as Lot 3, Block 1, Timber Meadows Third Addition; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 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 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 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 a.) acres. 2. The maximum square footage of the sign is thirty-two (32 s.f.) square feet. 3. The sign shall be located ten (10') feet from any property line. 4. The Special Use Permit will be subject to annual review by Staff. 5. The applicant shall execute a written agreement with the city for the maintenance of the sign. 6. The applicant shall apply for and be granted a sign permit before the erection of the sign. Adopted by the City Council of the City of Andover on this 16th day of May ,1995. ATTEST: i~~~) tLb V1ctoria Volk, City Clerk CITY OF ANDOVER :% E( ~~lf:~or CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R076-95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT COMPANY TO ERECT AN AREA IDENTIFICATION SIGN ON LOT 1, BLOCK 1, WOODLAND MEADOWS SECOND ADDITION. 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 1, Woodland Meadows 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, 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 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 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 a.) acres. 2. The maximum square footage of the sign is thirty-two (32 s.f.) square feet. 3. The sign shall be located ten (10') feet from any property line. 4. The Special Use Permit will be subject to annual review by Staff. 5. The applicant shall execute a written agreement with the city for the maintenance of the sign. 6. The applicant shall apply for and be granted a sign permit before the erection of the sign. Adopted by the City Council of the City of Andover on this 16th day of May ,1995. ATTEST: ~ tied V1ctor1a Volk, City Clerk CITY OF ANDOVER j' E(Mt?Ztv~~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R077-95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT CORPORATION TO ERECT A REAL ESTATE SIGN ON LOT 1, BLOCK 8, WOODLAND CREEK TO MARKET THE SUBDIVISIONS KNOWN AS WOODLAND CREEK FOURTH AND FIFTH ADDITIONS. WHEREAS, Woodland Development Corporation has requested a Special Use Permit to erect a real estate sign on the property described as Lot 1, Block 8, Woodland Creek to market the subdivisions known as Woodland Creek Fourth and Fifth Additions; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 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 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 woodland Development Corporation to erect a real estate sign on said property with the following conditions: 1. The area for development is larger than five (5 a.) acres. 2. The sign shall be located at least one hundred thirty feet (130') from any residential structure. 3. The sign area shall not exceed twenty-four (24 s.f.) square feet. 4. An agreement is made to remove the sign within two years unless an 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 from any property line. 6. The Special Use Permit will be subject to annual review by Staff. Page Two Special Use Permit - Real Estate Sign Woodland Creek 4th & 5th Additions woodland Development Corporation April 25, 1995 7. The owner shall be responsible for the maintenance of the sign. Adopted by the City Council of the City of Andover on this 16th day of May , 1995. CITY OF ANDOVER ATTEST: f), ~, fIlC/)( ~~ (;1. E. McKelvey, yor d~ Ii#- victor~ Vo ,City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 078-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION RECEIVING FEASIBILITY ON IMPROVEMENTS OF PROJECT NO. 95-7 IN THE AREA. REPORT AND CALLING STREETS OAK HOLLOW PUBLIC HEARING WHEREAS, pursuant to Resolution No. 069-95, adopted the 2nd day of May , 19 95 ,a Feasibility Report has been prepared by the City Engineer for the improvements; and WHEREAS, such report was received by the City Council on the 16th day of May , 19 95 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 81,459.00 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. 95-7 ,for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 81,459.00 A public hearing shall be held on such proposed improvement on the 6th day of June , 19 95 the Council Chambers of the City Hall at 7:00 PM and Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3 . in the MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 16th day of May 19~, with Councilmembers McKelvey, Knight, Dehn, Kunza, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I ErM?!?tv1:-~or ~fUL Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 079-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #4 TO PROJECT NO. 93-9 IN THE AREA OF WINSLOW HILLS/XEON STREET WHEREAS, the City of Andover has a contract for project No. 93-9, Winslow Hills/Xeon Street with Old is Gold Construction of Andover, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to project No. 93-9. MOTION seconded by Councilmember Kunza and adopted by the 16th day City Council at a regular meeting this of May , 19 95 , with Councilmembers McKelvey, Knight, Dehn, Jacobson, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: 2. f! Ja~ fO. E. McKe vey Mayor IL~'~ tUb victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 080-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #5 TO PROJECT NO. 93-9 IN THE AREA OF WINSLOW HILLS/XEON STREET WHEREAS, the City of Andover has a contract for project No. 93-9, Winslow Hills/Xeon Street with Old is Gold Construction of Andover, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 93-9. MOTION seconded by Councilmember Kunza and adopted by the 16th day City Council at a regular meeting this of May , 19 95 ,with Councilmembers McKelvey, Knight, Dehn, Jacobson, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ff {: M~~ ?4. E.' McKelvey Mayor ~d.a victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 081-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK OLD IS GOLD CONSTRUCTION FOR THE IMPROVEMENT OF STORM SEWER WINSLOW HILLS/XEON STREET AND DIRECTING FINAL PAYMENT TO FOR PROJECT NO. 93-9 SANITARY SEWER, WATERMAIN, STREET AND IN THE FOLLOWING AREA: WHEREAS, Andover on Construction completed the pursuant to a written contract signed with the City of June 7 , 19 94, Old is Gold of Andover, MN -nas sat~sfactor~ly 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 Kunza and adopted by the City Council at a regular meeting this 16th day of May , 19 95 ,with Councilmembers MCKelvey, Knight, Dehn, Jacobson, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: d r )Pc-<~ . E. McKelvey - ayor t.LL ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R082-95 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF BERNARD AND CAROL JONES TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Bernard and Carol Jones have requested a lot split to create two (2) lots on the property located at l519 148th Lane NW, legally described as Lot 1, Block 1, Oak Bluff; 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 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 no opposition to said 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 to allow the lot split on said property with the following conditions: 1. That the applicant pay park dedication fees pursuant to Ordinance No. 10, Section 9.07.10. 2. That the lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this 16th day of May , 1995. CITY OF ANDOVER ATTEST y, t J7;c-A;,~ t?J. E. McKelvey, M or ~~ Victoria volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R083-95 A RESOLUTION APPROVING THE VARIANCE REQUEST OF JERRY AND TERESA BORG TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A FIFTY (50') FOOT SETBACK FROM A MAJOR ARTERIAL TO ALLOW FOR THE CONSTRUCTION OF A 24' X 24' ADDITION ON A SINGLE FAMILY RESIDENCE THAT ENCROACHES SIX (6') FEET INTO THE REQUIRED SETBACK ON THE PROPERTY LOCATED AT 16463 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED BELOW. WHEREAS, Jerry and Teresa Borg have requested a variance to Ordinance No.8, Section 6.02 which requires a fifty (50') foot setback from a major arterial to allow for the construction of a 24' x24' addition on a single family residence that encroaches six (6') feet into the required setback on the property located at 16463 Round Lake Boulevard NW, legally described as follows: unplatted. Grow Township. The North 233 feet of the Northwest Quarter of the Northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota. Except the East 1000 feet thereof. Subject to an easement for road purposes over the South 33 feet thereof and County State Aid Highway No.9; 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 WHEREAS, the Planning & 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 andhe..teby approves the variance requested by Jerry and Teresa Borg to Ordinance No.8, Section 6.02 which requires a fifty (50') foot setback from a major arterial to allow for the construction of a 24' x 24' addition on a single family residence encroaching six (6') feet into the required setback on the property located at 16463 Round Lake Boulevard NW, legally described above. Adopted by the City Council of the City of Andover this 16th day of May , 1995. ATTEST: CITY OF ANDOVER cf'E(~~4~Yor ~rUb Victoria volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R084-95 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUESTED BY WILLIAM ERHART FOR A MINING PERMIT ON THE PROPERTY LOCATED AT 16488 ORCHID STREET NW, LEGALLY DESCRIBED BELOW AS REQUIRED PER ORDINANCE 8, SECTIONS 4.24. WHEREAS, pursuant to published and mailed notice, the Planning and Zoning Commission has conducted a public hearing and reviewed the request of william Erhart for a Special Use Permit for a mining permit to construct a 30,000 s.f. pond on the following described property: Lots 6,7 & 9, Block 4, Timber Meadows Second Addition; and WHEREAS, the Special Use Permit has been reviewed by City Staff; and WHEREAS, the planning and Zoning Commission has reviewed the request and recommends to the City Council approval of the Special Use Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit to conduct mining activities on said property with the following conditions: I. Safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders, etc. 2. The applicant shall provide the City with a refundable escrow in the amount of $1,000 for restoration of the site as determined by City Engineer. 3. Signs be placed indicating trucks hauling. 4. The applicant shall meet the requirements of Ordinance No.8, Section 4.24. 5. watering the roadway to control dust at dry times and to keep streets clean of debris and fill after hauling hours each day. 6. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. until 4:00 P.M. 7. The applicant is required to restore the banks of the mined area after the area has been excavated using an approved topsoil, seed, and/or vegetation or brush to establish erosion control. Areas disturbed shall be seeded, mulched and disc anchored. All sloped areas shall have erosion control blanket installed. Page Two Resolution SUP - Mining Permit 16488 Orchid Street NW william Erhart 8. Obtaining all necessary permits from the DNR, U.S. Army Corps of Engineers, the Watershed Organization, and any other agency which may be interested in the site. 9. The finished grade shall comply with the finished grading plan on file with the City. The grading plan shall be adhered to and not adversely affect the adjacent land. lO. Haul routes for removing dirt from the project shall be submitted and approved by the City Engineer. ll. This Special Use Permit is for a maximum of 3,000 cubic yards of dirt. 12. This permit is for a period of one year. An extension can be requested and would be approved by Council if there are no problems. 13. All slopes shall not be steeper than 4:1, except the island in the pond only. 14. Erosion control fencing shall be installed immediately. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Andover that the Planning and Zoning Commission finds the following: I. There was a public hearing and the concerns of the residents were addressed. 2. The proposal will have no significant negative impact on the health, morals and general welfare of the community. 3. The proposal will not have a significant impact on existing traffic conditions. 4. The proposal will have no significant negative impact on property values in the area. 5. The proposal will have no significant negative impact on the Comprehensive Plan. Adopted by the City Council of the City of Andover this 16th day of May , 1995. ATTEST: ~'d-& Vlcto~Vo1k, City CITY j.t OF ANDOVER jlk,~~ McKe vey, ayor Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 085-95 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF CROWN POINTE AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, INC. LOCATED IN SECTION 26, 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 WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such hearing, the Planning and Zoning Comission recommends approval of the plat citing the following; and the City Council concurs in the following: 1. That the developer shall make provision for the continuation of a street as required in Ordinance 10, 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 on to 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 deter- mined in Ordinance 10, Section 9.07. 8. The Sycamore Street access to be used over to Tamarack with Drawing C as the secondary access, based upon the acceptance of the watershed Board and other permits. 9. The road being floated will have an extended three-year warranty. Sycamore Street shall be blacktopped with curb and gutter wherever necessary. Adopted by the City Council of the City of Andover this 16th day of May, 1995. ~tf~ victoria Volk, City Clerk CITY OF ANDOVER y, f ~~~ (/.J.E. McKe vey, Ma r Attest: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 086-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET CONSTRUCTION FOREST MEADOWS AND ADJACENT , PROJECT NO. 95-9 AREAS. IN THE WHEREAS, May 18 improvements: and the City Council has received a petition, dated , 19~, requesting the construction of WHEREAS, such petition has been validated to contain the signatures of more than 35% 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 as adequate. 2. The proposed improvement is hereby referred to the Engineer and he is instructed to provide the City with a feasibility report. City Council 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, McKelvey /' (absent), Dehn (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: iL;~ d$ V1ctor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 087-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREETS PROJECT NO. 95-9 IN THE FOREST MEADOWS AND ADJACENT AREA. WHEREAS, pursuant to Resolution No. 086-95 , adopted the 6TH day of JUNE , 19 95 ,a Feasibility Report has been prepared by CITY ENGINEER for the improvements; and WHEREAS, such report was received by the City Council on the 6TH day of JUNE , 19 95 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 119,994.00 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. 95-9 , for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 119,994.00 3. A public hearing shall be held on such proposed improvement on the 20TH day of JUNE , 19 95 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 Kunza and adopted by the City Council at a REGULAR meeting this 6TH day of JUNE 19~, with Councilmembers Kunza, Knight, Jacobson, McKelvey (absent) Dehn (absent) voting in favor of the resolution and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: on Act1ng Mayor ~;J, Victoria VOl~ity Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 088-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING BIDS IMPROVEMENT OF PROJECT NO. CONSTRUCTION IN THE AREA OF AND AWARDING CONTRACT FOR THE 95-3 FOR CRACKSEALING SOUTH CENTRAL AREA OF THE CITY WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 068-95, dated MAY 2, 1995 , bids were received, opened and tabulated according to law with results as follows: 1. Bergman Companies, Inc. 2. Allied Blacktop Co. 3. Asphalt Surface Tech. Corp. $35,730.00 $44,280.00 $48.735.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bergman Companies, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Bergman Companies, Inc. in the amount of $35,730.00 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 6th day of June , 19~, with Councilmembers Knight, Kunza, voting in favor of voting Jacobson, MCKelvey (absent), Dehn (absent) the resolution, and Councilmembers none against, whereupon said resolution was declared passed. ~ ATTEST: ;{~ ;J~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 089-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 94-22 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA 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, Minnesota. 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 Councilmember Kunza and adopted by the 6th day City Council at a regular meeting this of June , 19 95 ,with Councilmembers Knight, Kunza, Jacobson, McKelvey (absent), Dehn (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. ATTEST: '/;[;-<;"/ I~ V~ctor~a Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 090-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 94-2 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA WOODLAND PONDS 2ND ADDITION WHEREAS, the City of Andover has a contract for project No. 94-2, WOODLAND PONDS 2ND ADDITION with W.B. MILLER, Inc. of Shoreview, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-2. MOTION seconded by Councilmember Kunza and adopted by the 6th day City Council at a regular meeting this of June , 19 95 ,with Councilmembers Knight, Kunza, Jacobson, McKelvey (absent), Dehn (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. Don Jacob on - Act~ng Mayor ATTEST: ;[:t;;~ ~p Victona Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 93-30 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN. STREET AND STORM DRAIN CONSTRUCTION IN THE AREA BUNKER LAKE BLVD. FRONTAGE ROAD. WHEREAS, the City of Andover has a contract for project No. 93-30, BUNKER LAKE BLVD. FRONTAGE with Hydrocon, Inc. of Shoreview, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 93-30. MOTION seconded by Councilmember Kunza and adopted by the 6th day City Council at a regular meeting this of June , 19 95 , with Councilmembers Knight, Kunza, Jacobson, McKelvey (absent), Dehn (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. ATTEST: jL~/ <4# victoria Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 092-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #5 TO PROJECT NO. 93-12 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA HILLS OF BUNKER LAKE 5TH ADDITION. WHEREAS, the City of Andover has a contract for Project No. 93-12, Hills of Bunker Lake 5th Addition with C.W. Houle, Inc. of Shoreview, Minnesota. 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 Councilmember Kunza and adopted by the 6th day City Council at a regular meeting this of June , 19 95 , with Councilmembers Knight, Kunza, Jacobson, McKelvey (absent), Dehn (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. ATTEST: (L~ ,f~ Victor~a Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 093-95 A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT TO ALLOW FOR THE CONSTRUCTION OF A POOL ON LOT 10, BLOCK 4, PINEWOOD ESTATES 2ND ADDITION. WHEREAS, pursuant to published and mailed notice. the City Council has conducted a public hearing on the vacation of a drainage and utility easement located on Lot lO, Block 4, pinewood Estates 2nd Addition and 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 Lot 10, Block 4, Pinewood Estates 2nd Addition, Anoka County, Minnesota. The East 20 feet of the West 40 feet of Lot 10, Block 4, PINEWOOD ESTATES 2ND ADDITION, except the North 5 feet thereof and except the South 5 feet thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover hereby agrees to vacate said drainage and utility easement legally described above on Lot 10, Block 4, pinewood Estates 2nd Addition. Adopted by the City Council of the City of Andover this 6th day of June ,19 95 . u.d& victor~Volk - City Clerk ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 094-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREETS , PROJECT NO. 95-7 IN THE OAK HOLLOW AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. the 16TH day of MAY hearTi'ig; and 078-95 of the City Council adopted on , 19~, fixed a date for a public WHEREAS, pursuant to the such hearing was held on the 19~; and required published and mailed notice, 6TH day of JUNE 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. 95-7 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate CITY ENGINEER as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember the City Council at a regular meeting thi s 6th and adopted by day of Kunza June , 19 95 ,with Councilmembers Knight, Kunza, Jacobson, MCKelvey(absent), Dehn voting in favor of the resolution, (absent) and Councilmember none voting against, whereupon said resolution was declared passed. ATTEST: ~ son Acting Mayor ~'Lb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 095-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING IMPROVEMENT OF PROJECT NO. 93-7 FOR CONSTRUCTION CONTRACT FOR THE IRRIGATION IN THE AREA OF CITY HALL PARK COMPLEX #2 WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 043-95 dated April 4, 1995 , bids were received, opened and tabulated according to law with results as follows: Innovative Irrigation & Landscaping Total Base (Alt. B not Bid Alt. A Alt. B included) $74,875.00 $51,435.00 -$2,000.00 $126,631.00 $75,875.00 $51,400.00 -$100.00 $127,257.00 $89,900.00 $49,995.00 -$500.00 $139,895.00 $75,950.00 $65,000.00 -$200.00 $140,950.00 Mickman Brothers Nurseries Albrecht Company Emerald Irrigation Engineer's Estimate $80,000.00 $60,000.00 $140,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Mickman Brothers Nurseries as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Mickman Brothers Nurseries in the amount of $126,631.00 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. Page Two City Hall Park Complex.. proj. 93-7/Irrigation June 6, 1995 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, voting in favor of voting Jacobson, McKelvey (absent), Dehn (absent) the resolution, and Councilmembers none against, whereupon said resolution was declared passed. ATTEST: LL;,;J d~ Victoria Volk - city Clerk l,:.1TY Ul" ANUUVr.;t<. COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 096-95 ~ RESOLUTION APPROVING THE FINAL PLAT OF AS BEING DEVELOPED BY JED AND PEGGY LARSON 32, RANGE 24, ANOKA COUNTY. ELDORADO ESTATES IN SECTION 7, TOWNSHIP WHEREAS, the City Council approved the preliminary plat of ELDORADO ESTATES ; and WHEREAS, the developer has presented the final plat of ELDORADO ESTATES WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Andover to hereby approve the final plat of contingent upon receipt of the following: 1. The City Attorney presents a favorable title opinion. Council of the City of ELDORADO ESTATES 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. 6. Park dedication is to be cash in lieu of land as allowed in Ordinance 10, Section 9.07. BE IT FURTHER RESOLVED citing the following: 1. A variance from Ordinance 10, Section 9.036 as the street exceeds the maximum allowed of 500 feet. The proposed length is 940 feet. 2. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 3. 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 interested in the site. Adopted by the City Council of the City of Andover this 6th day of June , 19 95 . ~ ATTEST: Don Mayor JD~"~ iLb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 097-95 A RESOLUTION CLASSIFYING A DOG OWNED BY PATRICIA KNOLL, l7506 VERDIN STREET NW AS A "BITING DOG". WHEREAS, City Ordinance 53 defines a biting dog as one which has bitten, scratched, or caused other injury or threatens such injury to a person or another domestic animal; and WHEREAS. a dog owned by Patricia Knoll, 17506 verdin Street, did bite a man riding a bicycle on verdin Street; and WHEREAS, the dog in the past bit several children. NOW, THEREFORE BE IT RESOLVED by the city Council of the City of Andover to hereby classify a dog owned by Patricia Knoll, 17506 Verdin Street NW. as a "biting dog". BE IT FURTHER RESOLVED that if the dog in the future threatens or commits another attack it may be declared a nuisance and the owner shall be ordered to destroy the dog or remove it from the city permanently. Adopted by the City Council of the City of Andover this 6th day of June ,1995. Attest: rLt::~rJt( Vlctorla Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 098-95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF MICHAEL AND SUE BLEEKER TO OPERATE A COMMERCIAL GREENHOUSE ON THE PROPERTY LOCATED AT 16473 VALLEY DRIVE, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Michael and Sue Bleeker have requested a Special Use Permit to operate a commercial greenhouse on the property located at l6473 Valley Drive, 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 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; and WHEREAS, a public hearing was held and there was opposition and concerns regarding traffic patterns associated with 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 Michael and Sue Bleeker to operate a commercial greenhouse on said property with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection. 2. The Special Use Permit shall be subject to a sunset clause as specified in Ordinance No.8, Section 5.03(D), unless a renewal is granted by the City Council. 3. Two (2) satellite lavatories be on site and maintained in a usable sanitary condition. 4. The parking facilities shall not be expanded any larger than it already exists (8-10 car max). 5. The grade for the parking and access driveway onto Valley Drive shall be improved and reviewed and approved by Staff. Page 2 Resolution Special Use Permit - Commercial Greenhouse Michael & Sue Bleeker 16473 Valley Drive. 6. Hours of operation shall be limited to lO a.m. to 6 p.m., Wednesday through Sunday. 7. A Building Permit shall be required for the greenhouse. 8. The wetlands shall be delineated and the impact of the operation on the wetlands shall be disclosed. Adopted by the City Council of the City of Andover on this 6th day of June, 1995. ~jd& V1ctor1a Yolk, city Clerk ATTEST: EXHIBIT A L29234 That part of the Northwest Quarter of the Northwest Quarter of Section 17. Township 32. Range 24. Anoka County. Minnesota described as follows: Commencing at the Northwest corner of said Section 17; thence South 89 degrees 45 minutes 51 seconds East. assumed bearing along the North line of said North lIne of said Section 17 a distance of 439.84 feet to its intersection with the centerline of Valley Drive; thence South 3 degrees 45 minutes 42 seconds East along said centerline a distance of 235.40 feet: thence South 461.35 feet along a tangential curve concave to the west, having a radius of 2204.18 feet and a central angle of 11 degrees 59 minutes 33 seconds: thence South 8 degrees 13 minutes 51 seconds West tangent with said curve 289.39 feet: thence South 81 degrees 46 minutes 09 seconds East 300.30 feet; thence North 14 degrees 56 minutes 26 seconds East 342.35 feet; thence South 89 degrees 45 minutes 51 seconds East 247.86 feet: thence North 0 degrees 14 minutes Og seconds East 70.09 feet to the poInt of beginning of the land to be described; thence North 0 degrees 14 minutes 09 seconds East 322.18 feet to a paint 300.00 feet south of the north line of said Section 17: thence North 89 degrees 45 minutes 51 seconds West 572.25 feet to the centerline of said Valley Drive: thence Northerly along the centerline of said Valley Drive to the North line of said Section 17: thence easterly along said north lIne to the northeast corner of the Northwest Quarter of the Northwest Quarter of said Section 17: thence Southerly along the East line of said Northwest Quarter of the Northwest Quarter of Section 17 to the intersection with a lIne which bears South 89 degrees 45 minutes 51 seconds East from the point of beginning; thence North 89 degrees 45 minutes 51 seconds West 270.16 feet to the point of beginning and there terminating. Said parcels contains 7.81 acres more or less. SUbject to Valley Drive. ~ ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 099-95 A RESOLUTION RENEWING THE SPECIAL USE PERMIT REQUEST OF THE RIVERDALE CHURCH TO ALLOW FOR THE CONSTRUCTION OF A CHURCH TO BE LOCATED AT 1657 16lST AVENUE NW (PIN 15-32-24-14-0001), LEGALLY DESCRIBED AS: UNPLATTED GROW TOWNSHIP SE 1/4 OF THE NE 1/4 OF SECTION 15, TOWNSHIP 32, RANGE 24, EXCEPT EASEMENTS OF RECORD. WHEREAS, The Riverdale Church has requested a Special Use Permit to allow for the construction of a church located at 1657 161st Avenue NW (PIN 15-32-24-l4-0001); and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 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; 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 the Riverdale Church to construct a church on said property with the following conditions: 1. The renewed Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D) unless a renewal is granted by the City Council. 2. The renewed Special Use Permit will be subject to annual review and site inspection by City Staff. Adopted by the City Council of the City of Andover on this 6th day of June, 1995 ATTEST: Mayor !Lt. tldb VJ.cto~ Volk. City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 100-95 \ RESOLUTION APPROVING .S BEING DEVELOPED BY TOWNSHIP 32, RANGE 24, THE FINAL PLAT OF TIMBER WOODLAND DEVELOPMENT CO. ANOKA COUNTY. MEADOWS 3RD ADDITION IN SECTION 17, WHEREAS, the City Council approved the preliminary plat of TIMBER MEADOWS 3RD ADDITION ; and WHEREAS, the developer has presented the final plat of TIMBER MEADOWS 3RD 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 TIMBER MEADOWS 3RD ADDITION contingent upon receipt of the following: l. 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 determine by the City Engineer from the time construction is complete. 1. The developer escrow for the uncompleted grading and street construction 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 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. 5. Street light costs to be paid to Anoka Electric Cooperative. 6. Park dedication is to be cash in lieu of land as allowed in Ordinance 10, Section 9.07. BE IT FURTHER RESOLVED citing the following: 1. A variance from Ordinance 8, Section 6.02 as the lot does not meet the minimum requirements at the front setback line of 300 feet as defined in Ordinance 8, Section 3.02 (Definitions). The following lots are requesting variances: Block 1, Lot 2; Block 2, Lots 1, 3 & 5; Block 3, Lots 1 & 3. 2. Variance from Ordinance 10, Section 8.04 as the Special Use Permit application for a sign was not applied for in conjunction with the preliminary plat in accordance with the Zoning Ordinance. 3. Variance from Ordinance lO, Section 9.02 C for Block 2, Lot 2 as the lot is proposed to front onto an existing Municipal State Aid Street. 4. Block 1, Lot 2 will require a easement to be vacated with the public hearing being held at the time of final plat approval. 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 interested in the site. Adopted by the City Council of the city of Andover this 20th day of June , 19 95 . ATTEST: ~4 Victoria Volk - C1ty Clerk CITY OF ANDOVER y. t. five- JC,,t~ ;oack McKe vey - M or CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 101-95 , RESOLUTION APPROVING .S BEING DEVELOPED BY TOWNSHIP 32, RANGE 24, THE FINAL PLAT OF WOODLAND WOODLAND DEVELOPMENT CO. ANOKA COUNTY. MEADOWS 2ND ADDITION IN SECTION 10, WHEREAS, the City Council approved the preliminary plat of WOODLAND MEADOWS 2ND ADDITION ; and WHEREAS, the developer has presented the final plat of WOODLAND MEADOWS 2ND 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 WOODLAND MEADOWS 2ND ADDITION 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. The developer escrow for the uncompleted grading and street construction 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 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. 5. Street light costs to be paid to Anoka Electric Cooperative. 6. Park dedication is to be cash in lieu of land as allowed in Ordinance 10, Section 9.07. 7. 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. BE IT FURTHER RESOLVED citing the following: 1. A variance be granted for Ordinance 8, Section 6.02 as the lot does not meet the minimum requirement of 300 feet at the front setback line for the following: Block 1, Lots 1 & 2; Block 2, Lot 1; Block 3, Lots l, 4 & 6; Block 4, Lot 3. 2. Variance from Ordinance 10, Section 8.04 as the Special Use Permit application for a sign was not applied for in conjunction with the preliminary plat in accordance with the Zoning Ordinance. 3. Variance from Ordinance lO, Section 9.06 A3 for Block 2, Lot 3 as the lot does not meet the 300 foot width at the building setback line. 4. A variance from Ordinance 10, Section 9.01 as the preliminary plat does not cover all of the owner's contiguous land. A contract between the developer and the owner does exist for 60 acres but the owner is still the fee owner of the 80 acres due to the fact the parcels have never been subdivided which prompted the variance. 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 interested in the site. Adopted by the City Council of the City of Andover this 20th day of June , 19 95 . ATT~. U victor~olk - City Clerk CITY OF ANDOVER jZ, {. ~L- K~~ taack McKe vey - May CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 102-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 94-1 FOR THE IMPROVEMENT OF LIGHTING CONSTRUCTION IN THE AREA CITY HALL PARK COMPLEX *l WHEREAS, the City of Andover has a contract for project No. 94-1, CITY HALL PARK COMPLEX #l/LIGHTING with Klein Electric, Inc. of st. Cloud, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-1. MOTION seconded by Councilmember Kunza and adopted by the 20th day City Council at a regular meeting this of June , 19 95 ,with Councilmembers MCKelvey, Knight, Jacobson, Dehn, Kunza voting in favor of the resolution. and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~k (c~~r~~r ~dLb V~ctor~a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 103-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *1 TO PROJECT NO. 94-18 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, AND APPURTENANCES FOR CONSTRUCTION IN THE AREA SECTION 22 TRUNK SEWER AND WATERMAIN . WHEREAS, the City of Andover has a contract for project No. 94-18, SECTION 22 TRUNK SEWER AND WATERMAIN. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to project No. 94-l8. MOTION seconded by Councilmember Kunza and adopted by the 20th day City Council at a regular meeting this of June , 19 95 ,with Councilmembers McKelvey, Jacobson, Dehn, Knight, Kunza voting in favor of the resolution. and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~k {cK~~/1~ ( ~i/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 104-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET CONSTRUCTION , PROJECT NO. 95-l0 IN THE HAWK RIDGE/COUNTRYVIEW ESTATES AREAS. WHEREAS, June 2 improvements; and the City Council has received a petition, dated , 19~, requesting the construction of WHEREAS, such petition has been validated to contain the signatures of more than 35% 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 as adequate. 2. The proposed improvement is hereby referred to the Engineer and he is instructed to provide the City with a feasibility report. City Council MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 20th day of June 19~, with Councilmembers McKelvey, Jacobson, Knight, Dehn, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: jJ j: ~~L.~ ~ack McKe vey - May v/dir:!!~ City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. l05-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET CONSTRUCTION . PROJECT NO. 95-l1 IN THE l81st AVENUE WEST OF TULIP STREET AREAS. WHEREAS, June 2 improvements; the City Council has received a petition, dated , 19 95 , requesting the construction of and WHEREAS, such petition has been validated to contain the signatures of more than 35% 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 as adequate. 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 Kunza and adopted by the City Council at a regular meeting this 20th day of June 19~, with Councilmembers McKelvey, Knight, Jacobson, Dehn, Kunza voting in favor of the resolution, and councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. {. J/'l&)!J~ O'ack McKelvey - Ma~or ~u Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 106-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET, STORM SEWER AND APPURTENANCES PROJECT NO. 93-5 , WINSLOW HILLS 3RD ADDITION . , WHEREAS, pursuant to proper notice duly given as required by law, the 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: l. 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 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. 1996 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 pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by councilmember Knight and adopted by the city Council at a regular meeting this 16th day of May , 19~, with Councilmembers MCKelvey, Knight, Jacobson, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: vi- ; #J&~ . E. McKelvey - yor ~!f~ Vlctona Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 107-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREETS , PROJECT NO. 95-9 IN THE FOREST MEADOWS AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution the 6TH day of JUNE hearIng; and No. 087-95 of the City Council adopted on , 19 95 , fixed a date for a public WHEREAS, pursuant to the such hearing was held on the 19~; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and required published and mailed notice, 20TH day of JUNE NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement project No. 95-9 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate CITY ENGINEER as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. BE IT STILL FURTHER RESOLVED that the City Engineer is to obtain all the necessary drainage and utility easements before construction. MOTION seconded by Councilmember the City Council at a regular Knight meeting this 20th and adopted by day of June , 19 95 ,with Councilmembers Jacobson, Knight, McKelvey, Dehn, Kunza and Councilmember none voting in favor of the resolution, voting against. whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: >> ff ~~ ~--l~/ (<rack McKe vey - MayO't ~tf~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 108-95 MOTION by Councilmember following: Knight to adopt the A RESOLUTION ORDERING THE IMPROVEMENT OF STREET LIGHTING, PROJECT NO. 95-2, IN THE CROSSTOWN DRIVE NW AREA. WHEREAS, pursuant to the required published and mailed notice, a public hearing was held on the 20th day of June 1995; and WHEREAS, all persons desiring to be heard were given such opportunity for same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement No. 95-2, street lighting in the Crosstown Drive NW area with the costs of same to be billed on the normal quarterly utility billing. MOTION seconded by Counci1member Dehn by the City Council of the City of Andover this 20th and adopted day of June , 19~ with Counci1members Dehn, Jacobson, Knight, MCKelvey, Kunza voting in favor of the resolution and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: V. 1. /;(rJ~_~.-t~. ~.E. MCKelvey - Ma~or ~f~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 109-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION RECEIVING FEASIBILITY ON IMPROVEMENTS OF PROJECT NO. 95-l0 IN THE AREA. REPORT AND STREETS HAWK RIDGE CALLING PUBLIC HEARING , & COUNTRYVIEW ESTATES WHEREAS, pursuant to Resolution No. l04-95. adopted the 20th day of June , 19 95 ,a Feasibility Report has been prepared by the City Engineer for the improvements; and WHEREAS, such report was received by the City Council on the 5th day of July , 19 95 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 29l,144.00 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-l0 ,for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 291,144.00 A public hearing shall be held on such proposed improvement on the l8th day of July , 19 95 the Council Chambers of the City Hall at 7:00 PM and Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. in the MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 5th day of July 19~, with Counci1members McKelvey, Dehn, Jacobson, Kunza, Knight (absent) voting in favor of the resolution. and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: y. {. )1t~~~ ;po E. McKe vey - Ma r L~~ Victorla Vo1k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. RllO-95 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS DEDICATED TO DEBT SERVICE PAYMENTS FROM THE WATER TRUNK AREA AND SEWER TRUNK AREA CONNECTION CHARGES ASSESSED WITH VARIOUS CAPITAL IMPROVEMENT PROJECTS. WHEREAS, Resolution No. R153-86 authorized the sale of bonds to finance various improvement projects including trunk sewer and water expansions and extensions; and WHEREAS, water area assessments, water connection charges collected by the Water Trunk Fund, as well as sewer connection charges collected by the Sewer Trunk Fund are pledged to the retirement of the bonds sold to finance the construction costs; and WHEREAS, payments during 1994 in the amount of $290,000 for principal retirement and $59,730 for interest expense have been recorded within the 1986 Series B Debt Service Fund on behalf of the trunk water and trunk sewer funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that a transfer from the Water Trunk Fund and Sewer Trunk Fund to the 1986 Series B Debt Service Fund in the amounbt of $202,183 and $122,817 respectively is authorized for the payment of April and October 1994 principal and interest obligations. Adopted by the City Council of the City of Andover this 5th day of July , 1995. CITY OF ANDOVER Attest: cIi t. ~(- )/J~ .E. MCKelvey - M yor i~UL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 111-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER il TO PROJECT NO. 95-0l FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, AND APPURTENANCES FOR CONSTRUCTION IN THE AREA WOODLAND CREEK 5TH ADDITION WHEREAS, the City of Andover has a contract for project No. 95-01, WOODLAND CREEK 5TH ADDITION NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to project No. 95-01. MOTION seconded by Councilmember Kunza and adopted by the 5th day City Council at a regular meeting this of July , 19 95 ,with Councilmembers MCKelvey, Dehn, Jacobson, Kunza, Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (). ~. fi{C/ ,f;L~ Jf E. McKe vey- May ~d~ Victoria V01~ City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 112-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #2 TO PROJECT NO. 94-18 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, AND APPURTENANCES FOR CONSTRUCTION IN THE AREA SECTION 22 TRUNK SEWER AND WATERMAIN . WHEREAS, .the City of Andover has a contract for. Project No. 94-18, SECTION 22 TRUNK SEWER AND WATERMAIN. 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 Kunza and adopted by the 5th day city Council at a regular meeting this of July , 19 95 ,with Councilmembers McKelvey, Dehn, Jacobson, Kunza, Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: fj, { Y1lu J!~'=1fjy ~.E. McKelvey - M or V~Vo~ity Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R113-95 A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT ON LOT 3, BLOCK 5, TIMBER MEADOWS 2ND ADDITION. WHEREAS, pursuant to published and mailed notice, the City Council has conducted a public hearing on the vacation of a drainage and utility easement located on Lot 3, Block 5, Timber Meadows 2nd Addition; and 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 Lot 3, Block 5, Timber Meadows 2nd Addition, Anoka County, Minnesota: The South 10.00 feet of Lot 3, Block 5, Timber Meadows 2nd Addition, Anoka County, Minnesota, according to the recorded plat thereof, which lies easterly of the westerly 320 feet thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to vacate said drainage and utility easement legally described above on Lot 3, Block 5, Timber Meadows 2nd Addition. Adopted by the City Council of the City of Andover this 5th day of July , 1995. CITY OF ANDOVER Attest: a, ~. rrru f zl'&fo f' E. McKe vey - Ma or i*~ / ~ V1ctoria Vol - City Clerk / \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.1l4-95 " A RESOLUTION APPROVING THE PRELIMINARY PLAT ANDOVER CENTER 2ND ADDITION WILLIAM C. AND KAREN L. RADEMACHER SECTION 32, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. OF AS BEING DEVELOPED BY LOCATED IN WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing and reviewed the preliminary plat of Andover Center 2nd 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. Park dedication will not be required. 2. The developer is responsible to obtain all necessary permits from the Lower Rum River watershed Management Organization, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. ( NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Andover Center 2nd Additon. Adopted by the City Council of the City of Andover this 5th day of July 19 95. CITY OF ANDOVER ATTEST: (). ~, 1YJv- K;l~ ~. E. McKelvey - ayor d~L;.-, dtL victoria Volk - City Clerk ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 115-95 A RESOLUTION APPROVING AS BEING DEVELOPED BY 32, TOWNSHIP 32, RANGE THE FINAL PLAT OF WILLIAM C. AND KAREN 24, ANOKA COUNTY. ANDOVER CENTER 2ND ADDITION L. RADEMACHER IN SECTION WHEREAS, the City Council approved the preliminary plat of Andover Center 2nd Addition ; and WHEREAS, the developer has presented the final plat of Andover Center 2nd 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 Andover Center 2nd Addition contingent upon receipt of the following: 1. City Attorney presenting a favorable title opinion. BE IT FURTHER RESOLVED citing the following: 1. 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 interested in the site. 2. That all necessary drainage and utility easements are deeded to the city. Adopted by the City Council of the City of Andover this 5th day of July , 19 95 . CITY OF ANDOVER ATTEST: ,~'. (cKr:;~er~~r ~tf~ Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rl16-95 A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF MATTHEW LARSON TO CONSTRUCT AN ACCESSORY STRUCTURE PRIOR TO THE CONSTRUCTION OF A PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT 1461l GROUSE STREET NW, LEGALLY DESCRIBED AS LOT 9, BLOCK l, PINEWOOD ESTATES SECOND ADDITION. WHEREAS. Matthew Larson has requested a Special Use Permit to construct an accessory structure prior to the constructlon of a principal structure on the property legally described above; and WHEREAS, the Planning & Zoning Commission tas reviewed the request and has determined that said request does not meet the criteria of Ordinance 8. Sections 4.05 and 5.03; and WHEREAS, a public hearing was held before the Planning and Zoning Commisslon on the request and there was considerable opposition from neighboring and adjacent property uwnersi and WHEREAS. the Planning and Zoning Commission finds the following: 1. The request is out of character for the R-4 District. 2. If approved a precedent would be set. 3. Creates the possible need for variances in the future. 4. The request is inconsistent with the Comprehensive Plan. 5. The request may have a negative effect on property values; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the Special Use Permit requested for the above stated reasons. NOW, THEREFORE, BE IT RESOLVED. that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission and denies the request of Matthew Larson to construct an accessory structure prior to the construction of a principal structure on said property. Adopted by the City Council of the City of Andover on this 5th day of July, 1995. CITY OF ANDOVER ATTEST: r d~j'~ !I~ vlctorla Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R1l7-95 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCES REQUESTED BY SHIRLEY LEFEBVRE TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Shirley LeFebvre has requested a lot split and variances to create two (2) lots pursuant to Ordinance No. 40 on the property located at 14278 Underclift Street NW, legally described as Lot 2, Block 4, Andover Boundary Commission plat No. l; 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 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 no opposition to said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the lot split and variances 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 the lot split and variances on said property with the following conditions: 1. That the applicant pay a park dedication fee pursuant to Ordinance No. 10, Section 9.07. 2. That the lot split/variance be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). approval. 3. Both lots shall conform to the minimum width requirements. Adopted by the City Council of the City of Andover on this 5th day of July ,1995. CITY OF ANDOVER ATTEST /-/ M~tv!~r ~/~ victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rl18-95 A RESOLUTION APPROVING THE VARIANCE REQUEST OF DURWOOD AND LORNA SAGVOLD TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A LOT WIDTH OF THREE HUNDRED (300') FEET AT THE FRONT SETBACK LINE ON THE PROPERTY LOCATED AT l5425 PRAIRIE ROAD, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Durwood and Lorna Sagvold have requested a fifty- four (54') foot variance to Ordinance No.8, Section 6.02 which requires a lot width of three hundred (300') feet at the front setback line on the property located at 15425 prairie Road, legally described on Exhibit Ai 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 WHEREAS, the planning & 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 hereby approves the variance requested by Durwood and Lorna Sagvold to Ordinance No.8, Section 6.02 which requires a lot width of three hundred (300') feet at the front setback line on the property located at l5425 prairie Road, legally described on Exhibit A. Adopted by the City Council of the City of Andover this ~ day of July , 1995. CITY OF ANDOVER ATTEST: y, f {fJ-K~ 7. E. McKe vey, Mayor ~!l Victoria VOI~ity Clerk EXHIBIT A The land referred to is situated in the State of Minnesota, County of Anoka and is described as follows: That part of the Northwest Quarter of Section 24, Township 32, Range 24, described as beginning at a point on the West line of said Northwest Quarter distant 700.46 feet North of the Southwest corner thereof; thence continuing North along said West line a distance of 246.24 feet: thence at right angles East a distance of 650.15 feet; thence Northerly at right angles ~35 feet; thence Easterly at right angles 200 feet; thence Southerly at right angles 335 feet: thence Easterly at right angles 341.57 feet; thence Southerly at right angles to an intersection with a line drawn Easterly and parallel with the South line of said Northwest Quarter from the point of beginning: thence Westerly along said para11ell line to the point of beginning, according to the United States Government Survey thereof and situate in Anoka County, Minnesota. ABSTRACT PROPERTY 15425 Prairie Road. Andover, Minnesota , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 119-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREETS AND STORM SEWER, PROJECT 93-11, EMERALD GLEN WHEREAS, pursuant to proper notice duly given as required by law, the 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. 2. 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, 1996 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 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 18th day of July , 19~, with Councilmembers McKelvey, Dehn, voting in favor of the Knight, Kunza, Jacobson resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f), I )?JvJ:L-fj. (?'. E. MCKelvey - ayor ~jJb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 120-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION IMPROVEMENTS PROJECT NO. ORDERING OF 95-12 PREPARATION OF A FEASIBILITY REPORT FOR THE WELL *6 , IN THE CITY OF ANDOVER WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically Well *6 in the area to be determined under the feasibility report ; and WHEREAS, the City Council proposes to assess the benefitting 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 Dehn and adopted by the City Council at a regular meeting this 18th day of July Knight, Jacobson , 19~, with Councilmembers MCKelvey, Dehn, Kunza, voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (j { kvRJv~ {if' E. MCKelvey - Mayor l~da Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 121-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SEALCOATING PROJECT NO. 95-4 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. 95-4 BE IT FURTHER RESOLVED by the City Council of Andover to hereby designate the City Engineer for this improvement and he is directed to prepare specifications for such improvements. the City of as the Engineer plans and MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 18th day of July , 19 95 , with Councilmembers Kunza, Knight, McKelvey, Dehn, Jacobson 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. 122-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING KLEIN ELECTRIC INC. OF IN THE FOLLOWING AREA: WORK AND DIRECTING FINAL PAYMENT TO FOR PROJECT NO. 94-1 FOR THE IMPROVEMENT LIGHTING CITY HALL PARK COMPLEX *1 WHEREAS, pursuant to a written contract signed with the City of Andover on March 21 , 19 95 , Klein Electric Inc. of St. Cloud 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 regular meeting this 18th day of July , 19 95 , with Councilmembers MCKelvey, Kunza, Knight, Jacobson, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: t $" , . E. MCKelvey 1~~ Victona Volk - City Cle rk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 123-95 A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT AND GRADING/DRAINAGE/EROSION CONTROL PLAN OF WOODLAND MEADOWS 2ND ADDITION LOCATED IN SECTION 10, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Engineer has reviewed the revised preliminary plat and grading/drainage/erosion control plan; and WHEREAS, Resolution No. 054-95 regarding the preliminary plat; and continues to be in force WHEREAS, the City Council approves the revised preliminary plat and grading/drainage/erosion control plan with a revision date of June 28, 1995 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised preliminary plat and grading/drainage/erosion control plan. Adopted by the City Council of the City of Andover this 18th day of July , 1995 . CITY OF ANDOVER ATTEST: v e; l?/'c-If17 it' J.E. MCKelvey - Mayor Ii~k Victoria Volk - City Clerk CITY OF'ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 124-95 " A RESOLUTION APPROVING THE REVISED FINAL PLAT OF WOODLAND MEADOWS 2ND ADDITION LOCATED IN SECTION 10, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. and WHEREAS, the City Engineer has reviewed the revised final plat; WHEREAS, Resolution No. 101-95 regarding the final plat; and continues to be in force WHEREAS, the City Council approves the revised final plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Andover to hereby approve the revised final plat. Adopted by the City Council of the City of Andover this 18th day of July , 1995 . CITY OF ANDOVER ATTEST: g. ( J;J&IdL~<,; t{.E. MCKelvey - Ma;:r ~d&- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 125-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF FENCING PROJECT NO. 93-7 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. 93-7 BE IT FURTHER RESOLVED by the City Council of Andover to hereby designate the City Engineer for this improvement and he is directed to prepare specifications for such improvements. the City of as the Engineer plans and MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 18th day of July , 19 95 , with Councilmembers McKelvey, Kunza, Knight, Dehn, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ;; /) .~ ' z-. me.- /-ii!P; . E. McKelvey - yor ATTEST: ~;Ub Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 126-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 95-4, FOR SEALCOATING WHEREAS, pursuant to Resolution No. Council on the 18th day of July , has prepared final plans and specifications for sealcoating ; and WHEREAS, such final plans and specifications the City Council for their review on the 18th July , 19 95 -95, adopted by the City 19~, the City Engineer for project 95-4 were presented to day of NOW, THEREFORE, BE IT RESOLVED by the City Council 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 ThurSday, August 10 , 19~ at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 18th day of July , 19~, with Councilmembers MCKelvey, Knight, Kunza, Dehn, Jacobson voting in favor of the resolution and Councilmembers none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . {.;t;L~ ayor ~L& Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 127-95 MOTION by Councilmember Jacobson to adopt the following: " A RESOLUTION ORDERING THE PROJECT NO. 95-10 IN THE DIRECTING PREPARATION OF IMPROVEMENT OF STREETS HAWK RIDGE/COUNTRYVIEW ESTATES FINAL PLANS AND SPECIFICATIONS. , AREA AND WHEREAS, Resolution the 5th day of July hearing; and No. 109-95 of the City Council adopted on , 19~, fixed a date for a public WHEREAS, pursuant to the such hearing was held on the 19~; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and required published and mailed notice, 18th day of July NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement project No. 95-10 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. BE IT STILL FURTHER RESOLVED that the City Engineer is to obtain all the necessary drainage and utility easements before construction. MOTION seconded by Councilmember Dehn and adopted by day of the City Council at a regular meeting this 18th July , 19 95 , with Councilmembers McKelvey, Kunza, Knight, Dehn, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 'M "f. //k ack McKelvey - ~tUb Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R128-95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ANDOVER FIREARMS & SHOOTING SUPPLIES TO ALLOW FOR THE OPERATION OF A GUN SHOP (RETAIL TRADE AND SERVICES) ON THE PROPERTY LOCATED AT 1714 BUNKER LAKE BOULEVARD NW (PIN 34-32-24-41-0005), LEGALLY DESCRIBED BELOW. WHEREAS, Andover Firearms and Shooting Supplies has requested a Special Use Permit to allow for the operation of a gun shop (retail trade and services) on the property located at 1714 Bunker Lake Boulevard NW (PIN 34-32-24-41-0005), legally described as follows: The East half of Lot 3, Block 1, Pankonin Addition. Except Easements of Record; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 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; and the use is in harmony 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 allow Andover Firearms and Shooting Supplies to operate a gun shop (retail trade and services) on the above described property with the following conditions: 1. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 2. The Special Use Permit shall be subject to annual review and site inspection by City Staff. 3. The site shall be subject to meeting the requirements of Ordinance No.8, Section 8.08, Parking. 4. The building shall be inspected by the City Building Official and the Fire Marshal for code compliance~ In addition, the Sheriff's Department shall inspect the property for security code compliance and file with the City documentation of the inspection. Page Two Special Use Permit - Gun Shop 1714 Bunker Lake Blvd. NW Andover Firearms and Supplies Adopted by the city Council of the city of Andover on this 18th day of July, 1995. CITY OF ANDOVER ATTEST: i~~~ V1ctor1a Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R129-95 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF CARL FRANZEN TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Carl Franzen has requested a lot split to create two (2) lots on the property located at 16241 Makah Street NW, legally described as follows: TRACT J, REGISTERED LAND SURVEY NO. 72. Record; and Subject to Easements of WHEREAS, the Planning and Zoning the request and has determined that said criteria of Ordinance No. 40; and Commission has reviewed request meets the 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 no opposition to said 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 to allow the lot split on said property with the following conditions: 1. That the applicant pay park dedication fees pursuant to Ordinance NO. 10, Section 9.07.10. 2. That the lot split is subject to a sunset clause as defined in Ordinance NO. 40, Section III(E). 3. Written review and recommendation be received from the Anoka County Highway Department prior to City Council approval.. Adopted by the City Council of the City of Andover on this 18th day of July , 1995. CITY OF ANDOVER ATTEST Vi~Vo~itY j. ( ~4fIv~~, ~. E. McKe vey ?/t1ayor Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R130-95 A RESOLUTION APPROVING THE VARIANCES REQUESTED BY DON JENSEN TO ALLOW FOR THE CONSTRUCTION OF A GARAGE ADDITION ON A SINGLE FAMILY RESIDENCE ON A LAWFULLY EXISTING NON-CONFORMING PARCEL THAT WILL ENCROACH 18.5 FEET INTO THE REQUIRED SETBACK FROM AZTEC STREET NW ON THE PROPERTY LOCATED AT 3940 SOUTH ENCHANTED DRIVE, LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A. WHEREAS, Don Jensen has requested variances to allow for the construction of a garage addition to a single family residence located on a lawfully existing non-conforming parcel that will encroach 18.5 feet into the required setback from Aztec Street NW . on the property located at 3940 South Enchanted Drive 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 5.04; and WHEREAS, the Planning & zoning Commission recommends to the City Council approval of the variances 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 hereby approves the variances requested to Ordinance No.8, Sections 4.03 and 6.02 as stated above on said property. Adopted by the City Council of the City of Andover this 18th day of July , 1995. CITY OF ANDOVER ATTEST: J{~~~ ?J. E. McKe vey ayor d,~~~ V1ctor1a Vo , City Clerk EXHIBIT "A" . Th~t p;Jrt of: tbe N01:t:ll1'le~t Q.1;:ll:tCl: of: the Soutlwe~t Quar.tel: (N\'J~o; of 5\.]1..:) of Section Seventeen (J.7), To,.m~hip 'l'hirty-t,.:o (:>.2), RanGe 'rt.'enty-f:o~r (2[1) in lInok.:l County. H:i.nnesot<l desc'):ibeel as follen'ls: Commenc:i.ng .:It a point on the North line of: the North,.:est Quarter' of the South,.)cst Quarter (m.l~; ,of SI~lz) of Ser-tion Seventeen (J.7). To-,-nship Thirty-t1tIO (32), Range T\"enty-f:our (2l~) 'in lInoko County. l-linnesot<l, said point being <] distance of T.,o Htmdred Thir.t)'-fo~r :md Forty-one Hundredths (23[,.lI1) feet East of the N01:th1tlest , "i:cii:nei" of ns-cilcrNortll~icst -QuiJT.i:er'-of'the--soui;h\~es'f'Qu~i:ter.-(Ni:j?f. -oC -----.' SIV'7.); thence South Seven degrees TI1:i.rty-seven minutes Thirty-t,..o sCt;onds (7037'32") East a d:i.st:.::lnce of One Hundred 'l',.:enty-n:i.ne and Four Hundredths (129. all) feet; them-:-e South",esterly on a curve to the right hav:i.ng 0 radius of Scventy (70) feet a distance qf One Hundr.eel T"lcnt)' .:lnd Thirty-four Hundredths (1.20.34) feet; thence North Eir}1ty-n:i.ne elef?:ees Scven minutes Thirty-t,.:o see-onds (59007'32") He~t on a line p.:lr<Jl1eJ. to' the N01;th line of said North'l'lest Quarter of the South,.,cst Quarter (N\.]~ of SH~;) a distance of Seventy-three and Ninety-five Hundredths (73.95) feet; thence South,.,ester1.y on a r:urve to the left having a rodius of Seventy-three (73) feet <J distan~e of: One Hundred Fifteen'ond Seventy-eirhl }!unr.1redths (115.73) feet to a point ...,hich is Thirty- tll1:ee (33) feet E::Ist of . as meoslU:ed at rigi.1t angle~ to. the \-lest line of said Northwcst ~Iartcr of the South~est Quarter (N\vt of S\'J',;); then~e Due South on a line p<lr<l1.1el to said H7~t line a distanr.e of '1"':0 Hundred S:b~ty-si:~ and Thirteen Hundrcdths (266. D) feet; thenr:e Southeasterly on a curve to the left having a radius of Seventy (70) feet OJ distan(:e of One Hundred T,,'enty- one and Seventy-seven H\mdreclths (121.77) feet; thence North Eitihty degrees Tnenty minutcs (30020') East ;:J di.stonce of: One Hundred Four and N:i.ncty-~b: Hundr.edths (lOll.96) fcet; thenr-e Easte):ly on a r-llrve to I:he ri.gj1t havi.ng a radius of Thrce Hundrcd Ten (310) feet a di.stanr-e of Onc Hundl:ed Thi.rty ~nd Seventy-f:i.ve Hundredths (130.75) feet; then~e So~th Seventy-five de~ees Thirty minute$ (75030') E~ s t a di.$t:mr:c of: Scvcnty-nineand Nineteen Hundredths (79.19) feet; then~e E:15terly on a r-urve to the left: having a l:adius of 1".0 llun,ll:erl Thj.rty-t\.:o, (232) fcet: a distan"c of: Si-^ty amI Seventy': four llundr.crlth:; (60.7[1) feet; thence Horth Eic)1ty-ni.nc degrees Th:i.rt:y mil1\\te:; ((\9030') E;J:;t .:l di.::;t~n~e of T!,'o Hunth:ed Si.::t,,- ::;cven and T,,'elve llunclrcl.lths (267.12) feet; then...c SOl\the;:tst~rJ.v on a ,C"lll:vc \:0 the r:i.['11t lwvi.ng a l:~dillr. of: Seventy-three (7:') , feet ;) d5.s tanr:c of One Hundr.ed Four teen .:mcl !'linetv- th,:ec HllntlJ:etlths O.l.ll.9:.) f:eet to " p05.nl: \,'h:;.<:h 5.::; Thil:ty..tlll:ee (.'l,;'.) f:eet He:;t of. 05 me<l~\lrccJ ~t J::i,r.Jlt .:111r.J,<25 to. a J.:i,nr. Onc Hunr,ll:ed Sil: ancl 1\'0- Thi.rc1::; (lOG 2/3) 1:0,1::; Hr.st of. ,:111,1 p,'l:;:tlJ,el to. the Ea:;t Enc of ~r-.\'\~'\ n u.~ I. - JV\Oi::,f) t'MllIeW. ... . , " " the SOllth\'Jest Qu::n:tc;: (S\.]Jr,) of Sai.d Se,.tion Seventeen (17); .i ":: ~' thence Soutl1 Zero der;rees Sevenl:cen minlll:es Fifty-thl:ee se"ond~: :i ;; (0017' S:,.") Ea~t on <l line 1'.:1]: a 11c}. to 5<l :i.d pa1:a 11e 1 liTlI'!. One : '; ,: Hundred Si;: and 'l\.:o-Thirds (106 2/:.) rod~ I.Jest of the E<lst li.ne' :' -:- of said South\'le~t Quartcr (S\.l),;) <l d:i.stan"e of T.,-o Hunch:ed Seventy.,: eight and Seventy-ni.ne Hunrlrcclth:; (2 7!l. 79) feet; thenr.:e South- , ::.~' ,,'estel,-ly on a ~urve to the right h<Jvi.nr:, <I rar15.us of Scvent'!-thr~e-~ (73) feet <J cli.~tan,::e of: One Hunrh:cd ~'c...enteen <Jncl Si':ty-fo~r ,,=: ;;;; Hundredths (117. GlI) feet; them:e North Eichty-seven degrees :, "" Fifty-seven minutes Fifty-three llec:onds, (37057'5:>''') Hellt <l '----'-----cli:stanr.~' of T,,)o"l'lunc.1re1:l' Thirty- one ''ilnd -Fort)'-one.-HundredJ:hs,_,.... _n_ _ _ _ (231.41) feet; thenr:e ,veste];ly on a qu:ve to the left havinB "~;"':"" a radius of T\.~o Hundred Fifty-five (255) feet a clistan-::e of EiW1ty-nine and Seventy-fj~e Hundredths (39.75) feet; thenr:e South Seventy-one det;rees Fifty-t\'JO m:i.m'.tes Seven sec:onds (71052' 07") Hesl:" clistanre of Eighty-three and Fifty-nine Hundr.edths (33.59) feet; thenrc \.]esterly on <3 COliI've to the l:ight having a rodills of FOlV: Hundre'd Nine ([109) feet and a rcntral angl~ of T~o degrees Eleven minutes Forty-seven se~onds (2 on' [17") a dist<Jnce of Fifteen and Sixty-eight Hundredths (lS.60) feet to the point of be~j.nninr, of land to be c1escl:;.hed; then"'e r.ontinlle ,'1esterly on said Four Hundred Nine ([~09) foot ,:ad5.us "llr.vC ,,':1.th <l ("entral onBle of Fifteen de!?=ees 1'hirty-e5.ght m5.nul:es Thirteen ser::onds (1.5033' 13") OJ distanr-:e of: One Hundred Eleven and S5.;~ty- (;\'10 Huncl1:edl:bs (111.62) feet; thenr.e South 7.ero de!?=ees Se'lenteen minntes F5.fty-three seronds (0017'53") Eas(; a distance of 1'bir ty- three (:'\3) feet; thenre, South and p.:tJ:it1lel to the Hest line of sairl North",cst Qllilrtcr of the South'.H:!st QI.I<Jl:ter (NI-J-t of SW;;) a distan"e of One Hundred Ninety antI Si::ty-sevcn Hundl:edths (190.67) feet to the South line of said N01:th\'lest Qual:ter of the South\'Jest Qual:ter (NI'l)r. of SIV!;,); thence Eastcr1" on ~oid South line a d5.stanre of One Hundred Ten (110) feet; th~nce North and par<J11el to the \.le~t line of: :;aid NOJ:th"Jest Qum:tcl: of t:he South",e:;t Quarter (NI~);; of 5\.))1,) <J dist.:m,.e of T,..o lll\ndred Forty and EiChty-one Hundr.edths (2[,0.31) fcet to the point of: beginninG, except the East 3.15 feet thereof. PG. 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R131-95 A RESOLUTION APPROVING THE VARIANCE REQUEST OF CHARLES ROWLEY TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A THIRTY (30') FOOT REARYARD SETBACK TO ALLOW FOR THE CONSTRUCTION OF A DECK ENCROACHING EIGHT (8') FEET INTO THE REQUIRED REARYARD SETBACK ON THE PROPERTY LOCATED AT 996 140TH LANE NW, LEGALLY DESCRIBED AS LOT 15, BLOCK 7, HILLS OF BUNKER LAKE 5TH ADDITION. WHEREAS, Charles Rowley has requested a variance to Ordinance No.8, Section 6.02 which requires a thirty (30') foot rearyard setback to allow for the construction of a deck encroaching eight (8') feet into the required setback on the property located at 996 140th Lane NW, legally described as Lot 15, Block 7, Hills of Bunker Lake 5th Addition. 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 WHEREAS, the Planning & 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 Charles Rowley to Ordinance No.8, Section 6.02 which requires a thirty (30') foot rearyard setback to allow for the construction of a deck encroaching eight (8') feet into the required setback on the property located at 996 140th Lane NW, legally described as Lot 15, Block 7, Hills of Bunker Lake 5th Addition. Adopted by the City Council of the City of Andover this 18th day of July , 1995. CITY OF ANDOVER ATTEST: ~~ Victor1a Volk, City Clerk J~4~~ ~a. E. McKe ve Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. .132-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 95-7, 95-9 AND 95-10, OAK HOLLOW, FOREST MEADOWS AND HAWK RIDGE/COUNTRYVIEW ESTATES AREAS FOR STREET CONSTRUCTION. WHEREAS, pursuant to Resolution No. 094-95, 107-95 and -95, adopted by the City Council on June 6, June 20 and July 18, 19~, the City Engineer has prepared final plans and specifications for project 95-7, 95-9 and 95-1~ for streets ; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of July , 19 95 NOW, THEREFORE, BE IT RESOLVED by the City Council 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 Thursday, August 10 , 19~ at the Andover City Hall. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 18th day of July , 19~, with Counci1members MCKelvey, Knight, Kunza, Jacobson, Dehn voting in favor of the resolution and Councilmembers none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~{ )no~~ ,;/.J. E. McKelvey - ayor L4j'~/ !l./b Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 133-95 A RESOLUTION DESIGNATING LOCATIONS FOR TEMPORARY NO PARKING ZONES DURING THE BURNET SENIOR CLASSIC GOLF TOURNAMENT FOR 7 DAYS, WHICH IS AUTOMATICALLY RENEWABLE FROM YEAR TO YEAR WHEN NECESSARY TO BE HELD AT THE BUNKER HILLS GOLF COURSE. WHEREAS, the no parking zones are to be located at the following locations: 1. CSAH 78 (Hanson Boulevard) from 133rd Avenue NW to County Road 116 (Bunker Lake Boulevard). 2. County Road 116 (Bunker Lake Boulevard) from CSAH 78 (Hanson Boulevard) east to the Ham Lake City Limits. WHEREAS, The Anoka County Highway Department will be responsible for the installation of the signs prior to the tournament and removal of the signs when the tournament has concluded. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate no parking zones as requested by the Anoka County Highway Department when necessary. ( Adopted by the City Couhncil of the City of Andover this 1st day of August , 1995. CITY OF ANDOVER ATTEST: jJ, 7 ;./1 , f:, 4/", i"d~ ~. E. McKelvey Mayor v~6t; 11f- City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R134-95 A RESOLUTION AMENDING RESOLUTION NO. 038-95 WHICH REVISED RESOLUTION NO. 189-92 AUTHORIZING CERTAIN EMPLOYEES TO SELL, ASSIGN, TRANSFER AND/OR DELIVER FUNDS. WHEREAS, the City Council of the City of Andover has previously adopted Resolution No. 038-95 authorizing Richard Fursman, Administrator, Jean D. Nichols, Finance Director and Shirley Clinton, Treasurer to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this City; and WHEREAS, Jean D. Nichols has changed her name to Jean D. McGann. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby revise the authority to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this city to Richard Fursman, Administrator, Jean D. McGann, Finance Director and Shirley Clinton, Treasurer. Adopted by the City Council of the City of Andover this 1st day of August , 1995. CITY OF ANDOVER Attest: ri:' t ..v ,,~ )(p l-U4 I .E. McKelvey - M~or lLA~ 1f.dV Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 135-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO THE COUNTY OF ANOKA FOR PROJECTS NO. 91-22 & 91-28 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER, STREETS, SIDEWALKS AND SIGNALS IN THE FOLLOWING AREA: ALONG 'ROUND LAKE BOULEVARD NW FROM 133RD AVENUE NW TO 140TH LANE NW AND BUNKER LAKE BOULEVARD NW FROM BLACKFOOT STREET NW TO MARIGOLD STREET NW. WHEREAS, pursuant to a written agreement signed with the City of Andover on June 1 , 19 93, County of Anoka has satisfactorily completed the construction rn-accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said agreement 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 agreement, taking the County of Anoka receipt in full. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 1st day of August , 19 95 , with Councilmembers McKelvey, Knight, Jacobson, Dehn, Kunza voting in favor of the resolution, arid Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: I f 1lfe/f:;i~ Mayor ~~ V1ctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 136-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *4 TO PROJECT NO. 94-2 & 94-17, WOODLAND PONDS 2ND ADDITION AND QUICKSTROM'S ADDITION WHEREAS, the City of Andover has a contract for project NO. 94-2 and 94-17, woodland Ponds 2nd Addition and Quickstrom's Addition with W.B. Miller, Inc. of Ramsey, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to project No. 94-2 and 94-17. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 1st day of August , 19 95 , with Councilmembers MCKelvey, Knight, Dehn, Jacobson, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: tZ f: 'Jj I, ,I/Jc,.r; J'!7i' ~. E. McKelvey - Mayor ~d~ V1ctor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 137-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *2 TO PROJECT NO. CROWN POINTE EAST 94-22 WHEREAS, the city of Andover has a contract for project NO. 94-22, Crown Pointe East with C.W. Houle, Inc. of Shoreview, Minnesota. 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 Councilmember Kunza and adopted by the City Council at a regular meeting this 1st day of August , 19 95 , with Councilmembers MCKelvey, Jacobson, Dehn, Knight, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~ J> // /J , , ,-,,' Me" 114r/~A~ j'J. E. McKelvey -,Mayor ~ t!db Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 138-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *3 TO PROJECT NO. SECTION 22 TRUNK SEWER AND WATERMAIN 94-18 WHEREAS, the City of Andover has a contract for Project No. 94-18, Section 22 Trunk Sewer and Watermain with Ryan Contracting, Inc. of Shakopee, Minnesota. 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 Kunza and adopted by the City Council at a regular meeting this 1st day of August , 19 95 , with Councilmembers McKelvey, Knight, Kunza, Dehn, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Mayor ~ddb V1ctor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 139-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *2 TO PROJECT NO. BUNKER LAKE BOULEVARD FRONTAGE ROAD - PHASE 2 93-30 WHEREAS, the City of Andover has a contract for Project NO. 93-30, Bunker Lake Boulevard Frontage Road with Hydrocon, Inc. of North Branch, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to project No. 93-30. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 1st day of August , 19 95 , with Councilmembers McKelvey, Knight, Kunza, Jacobson, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: u- I~ Victo~ Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 140-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION IMPROVEMENTS PROJECT NO. AREA. ORDERING PREPARATION OF A FEASIBILITY REPORT FOR OF WATERMAIN, STORM SEWER AND STREETS 95-14 , IN THE CROOKED LAKE BOULEVARD NW THE WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically watermain, storm sewer and streets in the area of Crooked Lake Boulevard NW ; and WHEREAS, the City Council proposes to assess the benefitting 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 Maier-Stewart and Associates 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 regular meeting this 1st day of August , 19~, with Councilmembers McKelvey, Jacobson. Knight, Dehn, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER / / I t, ATTEST: ~~ Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 14l-95 A RESOLUTION ESTABLISHING FEES FOR THE LICENSING OF THERAPEUTIC MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS. The City Council of the City of Andover hereby ordains: The following therapeutic massage licensing fees are hereby established: Therapeutic Massage Establishment Single Application Fee - $200.00 Corporate Application Fee - $300.00 partnership Application Fee - $300.00 Renewal Fee for all the above - $l50.00 Note: The above fees include the investigation fee. Massage Therapist Annual License Fee - $150.00 Note: The investigation fee is included. Adopted by the City Council of the City of Andover on this 15th day of August, 1995. CITY OF ANDOVER )'l'M~t!~r ATTEST d4 jfl V1ctor1a Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R142-95 A RESOLUTION APPROVING THE VARIANCE REQUEST OF SUSAN PORTUGUE TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A FORTY (40') FOOT SIDEYARD SETBACK FROM A STREET TO ALLOW FOR THE CONSTRUCTION OF A THREE SEASON PORCH AND DECK ON A SINGLE FAMILY RESIDENCE THAT ENCROACHES TWENTY (20') FEET INTO THE REQUIRED SETBACK ON THE PROPERTY LOCATED AT 3931 - 158TH AVENUE NW, LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A. WHEREAS, Susan Potugue has requested a variance to Ordinance No.8, Section 6.02 which requires a forty (40') foot sideyard setback from a street to allow for the construction of a three season porch and deck on a single family residence that encroaches twenty (20') feet into the required setback on the property located at 3931 - 158th Avenue NW, 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.8, Section 5.04; and WHEREAS, the Planning & 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 hereby approves the variance requested by Susan potugue to Ordinance No.8, Section 6.02 which requires a forty (40') foot sideyard setback from a street to allow for the construction of a three season porch and deck on a single family residence that encroaches twenty (20') feet into the required setback on the property located at 3931 - 158th Avenue NW. legally described on Exhibit A. Adopted by the City Council of the City of Andover this 15th day of September, 1995. CITY OF ANDOVER ATTEST: g. f. /)fU\~ ~. E. MCKelvey, Ma r ~Mb Victoria Volk, City Clerk EXHIBIT A Unplatted Grow Township. That part of the Southwest Quarter of the Southwest Quarter of Section 17, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point on the North line of the North Half of the Southwest Quarter of said Section 17 said point being a distance of 1410.99 feet West of the Northeast Corner thereof - thence South 0 degrees 17 minutes 53 seconds East on a line parallel to the east line of said North Half of the Southwest Quarter a distance of 763.42 feet - thence southwesterly on a curve to the right having a radius of 1246.96 feet a distance of 396.62 feet - thence South 17 degrees 55 minutes 34 seconds West a distance of 411.84 feet; thence southwesterly on a curve to the left having a radius of 955.64 feet a distance of 301.47 feet - thence southerly on a line parallel to the East line of said Southwest Quarter of the Southwest Quarter a distance of 33 feet - thence South 89 degrees 51 minutes 04 seconds West on a line at right angles to the East line of said Southwest Quarter of the Southwest Quarter a distance of 178.00 feet; thence northwesterly on a curve to the right having a radius of 360.59 feet a distance of 195.10 feet - thence North 59 degrees 08 minutes 56 seconds West a distance of 282.00 feet to the point of beginning of land to be described - thence northerly to a point on the North line of said Southwest Quarter of the Southwest Quarter said point being a distance of 540 feet west of the Southwest Corner of the east third of the Northwest Quarter of the Southwest Quarter of said Section 17 as measured along the North line of said Southwest Quarter of the Southwest Quarter - thence westerly on said North line to the Northwest Corner of said Southwest Quarter of the Southwest Quarter - thence southerly on the West line of said Southwest Quarter of the Southwest Quarter a distance of 150 feet - thence southerly to the point of beginning (Subject to an easement for road purposes, said easement being bounded by a circle with a radius of 60 feet and its center point at the above described point of beginning). EXTRACT IF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: AUGUST 15, 1995 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 15th day of August, 1995 at 7:00 p.m. for the purpose of, among other things, amending Resolution no. R072-95 authorizing the issuance of $2,605,000 General Obligation Improvement Bonds, Series 1995A of the 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: No. 143-95 A RESOLUTION AMENDING RESOLUTION NO. 072-95 AUTHORIZING THE ISSUANCE OF $2,605,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A A. WHEREAS, on May 2, 1995, the City of Andover, Minnesota (the "City"), adopted Resolution No. 072-95 authorizing the issuance of $2,605,000 General Obligation Improvement Bonds, Series 1995A (the "Resolution"); and B. WHEREAS, the Resolution was drafted to conform to the pending "tax freeze legislation" contained in the Omnibus Tax Bill; and C. WHEREAS, the City desires to amend the Resolution to remove the provisions contained in the Resolution relating to the "tax freeze legislation"; and NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Andover, Minnesota, as follows: 1. Amendments. A. Paragraph 15(ii) of the Resolution is amended to read as follows: "(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 $2,576,345; (d) capitalized interest in the amount of $72,770 (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 February 1, 1996); (e) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (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 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." B. Paragraph 16 of the Resolution is amended to read as follows: "17. Tax Levv: Coveraqe Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax Levv Collection Amount 1995 1996 $ 6,165 1996 1997 10,877 1997 1998 15,678 1998 1999 14,465 294528.2 2 1999 2000 2001 2002 2003 2004 2000 2901 2002 2003 2004 2005 17,993 15,508 17,484 18,387 18,335 20,747 The tax levies 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. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3." 2. 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 tax levy required by law has been made. 3. Full Force and Effect. Except as herein amended, all other terms and provisions of the Resolution as initially adopted on May 2, 1995 shall remain in full force and effect. The motion for the adoption of was duly seconded by member Kunza discussion thereof and upon a vote being following voted in favor thereof: Jacobson, Knight, Dehn, McKelvey, Kunza the foregoing resolution and, after a full taken thereon, the and the following voted against the same: none Whereupon said resolution was declared duly passed and adopted. 294528.2 3 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 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 amending Resolution No. R072-95 authorizing the issuance of $2,605,000 General Obligation Improvement Bonds, Series 1995A. WITNESS my hand this ,15th day of August, 1995. , "'. ~ ).-\' (', ) { ~. iL;./ tf~ Clerk .: ,> '/).) ',.) ,> ,) " ;/ " J, , " ;'), , , '\ ,\ '.J .) , /, ' " ;.', , ' II \,\ '" II l)'l) '" ". ( "> '. ',1 '. " 294528.2 4 EXTRACT IF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: AUGUST 15, 1995 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 15th day of August, 1995 at 7:00 p.m. for the purpose of, among other things, amending Resolution no. R073-95 authorizing the issuance of $515,000 General Obligation Equipment Certificates of Indebtedness, Series 1995C of the City. The following members were present: Knight, Jacobson, Kunza, Dehn, MCKelvey and the following were absent: None Member Dehn introduced the following resolution and moved its adoption: NO. l44-95 A RESOLUTION AMENDING RESOLUTION NO. 073-95 AUTHORIZING THE ISSUANCE OF $515,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 1995C A. WHEREAS, on May 2, 1995, the City of Andover, Minnesota (the "City"), adopted Resolution No. 073-95 authorizing the issuance of $515,000 General Obligation Equipment Certificates of Indebtedness, Series 1995C (the "Resolution"); and B. WHEREAS, the Resolution was drafted to conform to the pending "tax freeze legislation" contained in the Omnibus Tax Bill; and C. WHEREAS, the City desires to amend the Resolution to' remove the provisions contained in the Resolution relating to the "tax freeze legislation"; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Amendments. A. Paragraph 15(ii) of the Resolution is amended to read as follows: "(ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all accrued interest received upon delivery of the Certificates; (b) all funds paid for the Certificates in excess of $511,395; (c) available moneys of the City in an amount necessary to pay the interest on the Certificates coming due on February 1, 1996 which shall be deposited by the City in the Debt Service Account at closing; (d) any collections of all taxes herein or hereafter levied for the payment of the Certificates and interest thereon; (e) all funds remaining in the Capital Account after the payment of all costs of the Project; (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 of the Certificates and any other general obligation certificates of the City hereafter issued by the City and made payable from said account as provided by law." B. Paragraph 16 of the Resolution is amended to read as follows: "16. Tax Levv: Coveraqe Test. To provide moneys for payment of the principal and interest on the Certificates there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax Levy Collection Amount 1995 1996 76,165 1996 1997 126,276 1997 1998 173,894 1998 1999 192,662 The tax levies are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Certificates, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates are outstanding and 294589.1 2 unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3." 2. 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 tax levy required by law has been made. 3. Full Force and Effect. Except as herein amended, all other terms and provisions of the Resolution as initially adopted on May 2, 1995 shall remain in full force and effect. The motion for the adoption of was duly seconded by member Kunza discussion thereof and upon a vote being following voted in favor thereof: Jacobson, McKelvey, Knight, Kunza, Dehn the foregoing resolution and, after a full taken thereon, the and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 294589.1 3 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 that 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 amending Resolution No. 073-95 authorizing the issuance of $515,000 General Obligation Equip- ment Certificates of Indebtedness, Series 1995C. WITNESS my hand this 15th day of August 1995. ~~ Cler , ' I, l l','j, . 0 1\ \ )' \, \ c) j.... \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 145-95 A RESOLUTION DESIGNATING NO PARKING ALONG THE ENTIRE WEST SIDE OF TOWER DRIVE. WHERE~S, the no parking zone is to be located on the entire west side of Tower Drive. NOW, rHEREFORE, 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 15th day of August , 1995. CITY OF ANDOVER fl. r. /1}r <4 /J'. E. MCKelvey - M yor ATTEST: L~ d V1ctor1a ~- City Clerk CITY OF ANDOVER COUNTY-OF ANOKA STATE OF MINNESOTA RES. NO. 146-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NO. 95-4 FOR SEALCOATING CONSTRUCTION. WHEREAS, pursuant to Council Resolution NO. 126-95 dated JUla 18,1995 , bids were received, opened and tabulated accor ing to law; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby reject the bids for project 95-4 BE IT FURTHER RESOLVED TO HEREBY direct the City Clerk to return to all bidders the deposits made with their bids. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 15th day of August , 19~, with Councilmembers McKelvey, Jacobson. Knight, Dehn, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER d' E~' M:Z~l(-~or ATTEST: ~If~ Victoria Volk - Clty Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 147-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 95-7 (OAK HOLLOW), 95-9 (FOREST MEADOWS) AND 95-10 (HAWKRIDGE/COUNTRYVIEW ESTATES FOR STREET CONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 132-95, dated July 18, 1995 , bids were received, opened and tabulated according to law with results as follows: 1. Bauerly Brothers Co., Inc. 2. H & M Asphalt Co. 3. Hardrives, Inc. $372,562.50 $5l3,58l.30 $655,520.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bauerly Brothers Co., Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Bauerly Brothers Co., Inc. in the amount of $372,562.50 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 15th day of August , 19~, with Councilmembers Jacobson, Knight, McKelvey, Dehn, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER J'E. ~c?:!:ef-~r ATTEST: ~da Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 148-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF IN THE WINSLOW HILLS 3RD ADDITION ORDERING PREPARATION POND AERATION , AREA. WHEREAS, August 10 improvements; and the City Council has received a petition, dated , 19~, requesting the construction of WHEREAS, such petition has been validated to contain the signatures of more than 35% 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 as adequate. 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 Kunza and adopted by the City Council at a regular meeting this 15th day of August 19~, with Counci1members Knight, Jacobson, MCKelvey, Dehn, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: tJ. t me-- }(g~ ~. E. MCKelvey - Ma r Li-~ ~ Victoria Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 149-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *6 TO PROJECT NO. HILLS OF BUNKER LAKE 5TH ADDITION 93-12 WHEREAS, the City of Andover has a contract for project No. 93-12, Hills of Bunker Lake 5th Addition with C.W. Houle, Inc. of Shoreview, Minnesota. 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 Councilmember Kunza and adopted by the 15th day City Council at a regular meeting this of August , 19 95 , with Councilmembers McKelvey, Jacobson, Knight, Dehn, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: fl' ~ mr- ~ . E. McKelvey - M or ~ tfr-/b V1ctor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R150-95 A RESOLUTION ESTABLISHING AN OPERATING POLICY FOR GOVERNMENT ACCESS CHANNEL 16. WHEREAS, the purpose of the Government Access Channel 16 is: 1. To serve as a public information tool to increase community awareness of activities, services and policies. 2. To strengthen community identity by highlighting local events, activities, organizations and interests. 3. To promote the City of Andover and encourage community participation. NOW, THEREFORE, BE IT RESOLVED that the following policy is established: LIVE CABLE CAST OF CITY MEETINGS A. In order of priority, the following City meetings are cable cast live on Channel 16: 1. Regular City Council meetings. 2. Planning Commission meetings. 3. All special Council meetings 4. Park and Recreation Commission meetings. 5. Work sessions and joint work sessions will not be cable cast. 6. Other meetings as Quad Cities Community Television ("QCTV") staff, resources and time allow. GOVERNMENT BULLETIN BOARD B. In order of priority, Government Access Channel 16 carries the following Bulletin Board information: 1. Announcements concerning emergencies affecting residents' health or safety. 2. Regularly scheduled "LIVE" cable cast city meetings. 3. Program playback schedule of Channel 16. 4. City notices or announcements regarding activities or services including City Council and City Commission meeting announcements and agendas, snow removal, voter information, etc. 5. Other public service announcements 6. Announcements concerning upcoming community events and organization meetings. 7. Job announcements (paid and volunteer) for businesses and organizations operating within the city. C. The City reserves the right to edit any material submitted for Channel 16 display to maximize the impact, clarity, and efficiency of the message. If material is determined to be unsuitable for inclusion on the government channel, the material in question will be returned to the sender along with a brief written account of the reasons for the decision and, when appropriate, offering assistance in making necessary changes to qualify it for inclusion. The City Administrator or City Clerk is responsible for making the final determination on suitability of material. D. Channel 16 material is bound by the following restrictions: , 1. The channel will not cable cast any promotion, endorse- ment or advertisement for any private business, commercial service or product. However, brief audio and video credit, minus logos or slogans may be given at the end of a program where special materials or assistance have been donated by a commercial organization. 2. No lottery information. 3. All notices must meet minimum technical requirements of QCTV. 4. Any material/language which constitutes libel, slander, pornography, obscenity, violence, violation of trademark or copyright, or which might violate any local, state or federal laws, including FCC regulations, will not be cable cast on the government access channel. 5. Information from declared candidates (candidates who have filed to have their name appear on the official ballot) for any elective public office, and persons advocating any cause, viewpoint or proposed policy of a partisan nature, shall not be eligible to appear on Channel 16 unless all candidates or sides of an issue are given equal time or they appear as part of a bona fide news program (government meeting, non-partisan public event, or executing the official duties of their office). 6. All submissions must be in writing and contain a name, address and phone number E. Submissions will be readied for cable cast by QCTV personnel on the basis of the priority list detailed below. All submissions received will be cable cast no later than five (5) days hence (unless a later date is specified), and be run for a minimum of five (5) days unless priority submissions of an emergency or timely nature necessitate its removal. priority submissions are defined as: 1. Announcements concerning emergencies affecting residents' health or safety. 2. City notices or announcements regarding activities or services including city Council and City Commission meeting announcements and agendas, snow removal, voter information, etc. F. All submissions received five (5) days prior to the desired cable cast date will be prioritized for inclusion in relation to each other. Submissions received after that time will be included as time and space permit. G. city shall maintain final editorial control of the govern- ment channel. H. QCTV shall maintain final operational and management control of the government channel. Such control shall be exercised as time and resources allow with an effort to equalize service whenever possible to all four Cities served by QCTV. I. The Quad Cities Cable Communications Commission shall purchase equipment for the implementation of these policies consistent with available resources and at the final discretion of the Commission. The Commission may not purchase and install equipment in the City without the final approval of the City. The City will own and insure such equipment. QCTV shall maintain such equipment. J. The City shall appoint one liaison to coordinate the implementation and exercise of these policies with the Executive Director of QCTV. The City liaison may not be a QCTV employee. Adopted by the City Council of the City of Andover this 15th ---- day of August , 1995. CITY OF ANDOVER ATTEST: 9- ~c~~:t:~r fi.E. ~ iUL Vi ctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 151-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *2 TO PROJECTS: JONATHAN WOODS (94-10), FOXBERRY FARMS (94-8) AND SUPERAMERICA (94-5). WHEREAS, the City of Andover has a contract for Projects: Jonathan Woods (94-10), Foxberry Farms (94-8) and SuperAmerica (94- 5) with S.R. Weidema, Inc. of Brooklyn Center, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Change Order No.2. MOTION seconded by Councilmember Kunza and adopted by the 15th day City Council at a regular meeting this of August , 19 95 , with Councilmembers Jacobson, Knight, McKelvey, Dehn, Kunza voting in favor of the resolution, and Counci1members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~. [. )r;. ~~ po. E. MCKe1vey - ayor ~ ;/4- V1ctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 152-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *2 TO PROJECTS: 9), HARTFIEL'S ESTATES (94-6), SHARON'S 2ND ADDITION LAKE BOULEVARD SERVICE ROAD (93-30) AND POND "C". FOX WOODS (94- (94-7), BUNKER WHEREAS, the City of Andover has a contract for Projects: Fox Woods (94-9), Hartfiel's Estates (94-6), Sharon's 2nd Addition (94-7), Bunker Lake Boulevard Service Road (93-30) and Pond "C. with S.R. Weidema, Inc. of Brooklyn Center, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Change Order No.2. MOTION seconded by Counci1member Kunza and adopted by the City Council at a regular meeting this 15th day of August , 19 95 , with Councilmembers Jacobson, Knight, McKelvey, Dehn, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: f). [. )?J(/t;~ ~. E. MCKelvey - ayor ~ (/d& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 153-95 MOTION by City Council Member following: Dehn to adopt the A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREETS, SANITARY SEWER, WATERMAIN, STORM DRAIN AND APPURTENANCE , PROJECT NO. 94-33 IN THE COMMERCIAL BOULEVARD EXTENSION AREA. WHERE~S, pursuant to Resolution NO. 019-94 , adopted the 20th day of December , 19 94 , a Feasibility Report has been preparea-by TKDA for the improvements; and WHEREAS, such report was received by the City Council on the 15th day of August , 19 95 ' ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 1,200,000.00 NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 94-33 , for the improvements. 2. The City Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 1,200,000.00 3. A public hearing shall be held on such proposed improvement on the 5th day of September , 19 95 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 Kunza and adopted by the City Council at a regular meeting this 15th day of August , 19~, with Councilmembers Jacobson, Knight, Councilmembers none voting in favor of the resolution, and voting against, whereupon said McKelvey, Dehn, Kunza resolution was declared passed. CITY OF ANDOVER ATTEST: J' r }r;c-;::~ . E. MCKelvey - Mayor l~~ V1ctoria Vo - City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: August 15, 1995 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 the 15th day of August, 1995, at 7:00 o'clock ~.M. for the purpose in part of authorizing the competitive negotiated sale of the $6,~55,000 General Obligation Tax Increment Bonds, Series.1995D of said City. The following members were present: Knight, Kunza, Jacobson, Dehn, McKelvey and the following were absent: None Member Jacobson introduced the following resolution and moved its adoption: No. R154-95 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $6,055,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1995D A. WHEREAS, the City Council of the City of Andover, Minnesota, has heretofore determined that it is necessary and expedient to issue its $6,055,000 General Obligation Tax . Increment Bonds, Series 1995D (the "Bonds") to finance capital and administration costs associated with various improvement projects within a municipal development district of the City; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 296649. , 1. Authorization: Findinqs. The City Council hereby authorizes Springsted to solicit bids for the competitive negotiated ,sale of the Bonds. 2. Meetinq: Bid Ooeninq. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed bids for, and awarding the sale of, the Bonds. The Clerk or her designee, shall open bids at the time and place specified in such Terms of Proposal. 3. Terms of Prooosal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with said competitive negotiated sale, the Clerk and other officers or employees of the City are hereby authorized to cooperate with Springsted 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 was duly seconded by member Dehn discussion thereof and upon a vote being following voted in favor thereof: the foregoing resolution and, after full taken thereon, the Knight, Kunza, Jacobson, Dehn, McKelvey and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 296649. 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 compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's $6,055,000 General Obligation Tax Increment Bonds, Series 1995D. WITNESS my hand this 15th day of August, 1995. ~dd Clerk 296649.1 3 t.--..o/\: t ~ i..~. t s ; \ THE CITY HAS AUTHORIZED SPRlNGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHAU=. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $6.oss.ooo CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 19950 (BOOK ENlRY ONLY) Proposals for the Bonds wi. be received on Tuesday, September 19, 1995. until 11;00 A.M., Central TIIT1e. at the offICeS of Springsted Incorporated, 85 East Seventh Place, Suite 100. Saint Paul, Minnesota, after which lime they will be Opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7;00 P,M" Central TIIT1e, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final plice or coupons, may be submitted to Springsted prior to the time of sale. The bidder shaD be responsible for submitting to Springsted the final Proposal prioe and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for indusion in the sUbmitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation. the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee sh,aJl be the responsibility of the bidder. For further information about PARI1Y, potential bidders may contact PARI1Y at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004. telephone (206) 635-3545, Neither the City nor Springsted Incorporated assumes any Iiab~ity if there is a malfunction of PARI1Y. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds RlQardJess of the manner of the Proposal submitted. DETAILS OF mE BONDS The Bonds will be dated October 1, 1995, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1. 1996. Interest will be computed on the basis of a 36O-day year of twelve 3O-day months. The Bonds wiD mature February 1 in the years and amounts as follows: 1996 $ 75,000 1997 $100.000 1998 $130,000 1999 $150,000 2000 $175,000 2001 $200,000 2002 $225.000 2003 $225,000 2004 $250,000 2005 $350,000 2006 $425,000 2007 $450,000 2008 $475.000 2()(lg $500,000 2010 $525,000 2011 $575,000 2012 $600,000 2013 $625,000 . i. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered fonn and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Kray & Co. as nominee of Midwest Securities Trust Company {"MSTCj, Chicago. IUinois, which wit ael 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 MSTC and its participants. Principal and interest are payable by the registrar to MSTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of MSTC will be the responsibility of MSTC; transfer of principal and interest payments to beneficial owners by participants wiU be the responsibility of such participants and other nominees of beneficial owners. ll1e purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with MSTC. REGISTRAR The City will name the registrar which shall be subjeel to applicable SEC regulations. The city will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or after February 1, 2006, Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify MSTC of the particular amount of such maturity to be prepaid. MSTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by let the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge tax increment income collected from the City's Tax lnaement Districts No. 1-1 and No. 1-2. The proceeds will be used for various public improvement projects. TYPE OF PROPOSALS Proposals shall be for not less than $5,964,175 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit'? in the form of a certified or cashier's check or a FlIliIncial Surety Bond in the amount of $60,550, payable to the order of the City. If a check is used, it must accompany each proposal. 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 City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. ll1e Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a FU'lancial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated 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 FlIliIncial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City 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 City. No proposal can -ii- be withdrawn or amended after the time set for receiving P!'oposals unless the meeting of the City scheduled for award of the Bonds is adjoumed, recessed, or continued to another date without award of the Bonds having been made, Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWAAD The Bonds will be awarded on the basis of the lowest interest rate to be detennined on a true interest cost (TIC) basis. The City's compuIation of the interest rate of each proposal, in accordance with customary practice. will be controlling. The City w~1 reselVe the right to: (0 waive non-substanlive infonnalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any P!'oposal which the City detennines to have failed to comply with the tenns herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any inaeased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the respol'lSibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. 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 elTOr with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers Shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser, Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no-liligation certificate. On the date of settlement payment for the Bonds shan be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the tenns of payment for the Bonds shall have been made impossible byaGtiOn of the City, or its agents, the purchaser shaU be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said tenns for payment. -iii. CONTINUING DISCLOSURE The City will covenant in the resolution awarding the sale of the Bonds and in a Continuing DiSClosure Certificate to provide, Of' cause to be provided, annual financial infonnation, including audited financial statements of the City, and notices of certain material events, as required by SEC Rule 15c2-12. OFFICIAL STATEMENT The City has authorized the preparatiOn of an Official Statement containing pertinent information relative to the Bonds, and said Oflicial statement will serve as a nearly-final Official Statement within the meaning of Rule 15<:2-12 of the Sec:uritie& and Exchange Commission, For copies of the Official Statement or for any additional infonnation prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The OIflCial Statement. when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shaH constituIe a "Final Official Statemenr of the City with respect to the Bonds, as that tenn is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven busines& days after the date of suCh award, it shall provide Without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 240 copies of the Official Statement and the addendum or addenda described above, The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the FIllaI Official Statement to each Participating Underwriter, Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Undefwliter of the Fmal Official statement. Dated August 15, 1995 BY ORDER OF THE CITY COUNCIL 1st Victoria Volk Clerk -jy- EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: August 15, 1995 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly called and held at the City Hall on Tuesday, the 15th day of August, 1995 at 7:00 o'clock ~.m. for the purpose of calling a public hearing on the City's development district. The following Councilmembers were present: Knight, Kunza, Jacobson, Dehn, McKelvey and the following were absent: None Couneilmember Dehn introduced the following resolution and moved its adoption: No. R155-95 RESOLUTION CALLING PUBLIC HEARING ON THE PROPOSED ADOPTION OF A MODIFICATION OF THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1, AND THE PROPOSED ADOPTION OF A MODIFICATION OF THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1-1 and 1-2 BE IT RESOLVED by the City Council (the "Council"') of the City of Andover, Minnesota (the "City"), as follows: 1. Public Hearinq. This Council shall meet on Tuesday, September 5, 1995, at approximately 7:00 p.m., to hold a public hearing on the following matters: (a) the proposed adoption of a Modification of the Development Program for Development District No.1, and (b) the proposed adoption of a Modification of the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1 and 1-2, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.179, both inclusive, as amended (collectively, the "Act") . 2. Notice of Hearinq, Filinq of Proqram Modification and Plan Modification. The City Clerk is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act and to place a copy of the proposed Modification of the Development Program and Modification of the Tax Increment Financing Plans on 296813,1 ~ file in the Clerk's Office at City Hall and to make such copies available for inspection by the public. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember ~nn7~ and upon vote being taken thereon, the following voted in favor Knight, Jacobson, McKelvey, Kunza, Dehn and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 296813.1 2 STATE OF MINNESOTA SS. COUNTY OF ANOKA I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Andover, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City's development district. ~tf~ Clerk 296813.1 3 EXHIBIT A CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the "Council") of the City of Andover, County of Anoka, State of Minnesota, will hold a public hearing on Tuesday, September 5, 1995 at 7 :'00 p. m., at the Andover City Hall, 1685 Crosstown Boulevard Northwest, in the City of Andover, Minnesota, relating to the adoption of a Modification of the Development Program for Development District NO.1, and the adoption of a Modification of the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1 and 1-2, within Development District No.1, pursuant to Minnesota Statutes, Section 469.174 through 469.179, inclusive, as amended. Copies of the Modification of the Development Program and Modification of the Tax Increment Financing Plans as proposed to be adopted will be on file and available for public inspection at the office of the City Clerk at City Hall. A map of Development District No.1, and Tax Increment Financing Districts Nos. 1-1 and 1-2 is set forth below: [INSERT MAP of Development District No.1, and Tax Increment Financing Districts Nos. 1-1 and 1-2] All interested persons may appear at the hearing and present their view orally or in writing. 296813.1 } Dated: August 15, 1995. 296813.1 BY ORDER OF THE CITY COUNCIL /s/ Victoria Volk Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 156-95 A RESOLUTION DESIGNATING NO PARKING ON BOTH SIDES OF 172ND AVENUE NW FROM THE WEST PROPERTY LINE OF LOT 14, BLOCK 8, WOODLAND MEADOWS TO THE EAST PROPERTY LINE OF THE PARK IN WOODLAND MEADOWS. WHEREAS, the City Council is cognizant of the public nuisance, traffic hazard, congestion; and WHERRAS, 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 the City of Andover that 172nd Avenue NW from the west property line of Lot 14, Block 8, Woodland Meadows to the east property line of the park in Woodland Meadows. Adopted by the City Council of the City of Andover this 15th day of August , 1995. CITY OF ANDOVER ATTEST: J. { Wrc-~p~ (I' E. McKe vey - yor ~j~ victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 157-95 A RESOLUTION DENYING THE REVISED PRELIMINARY PLAT OF CROWN POINTE AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, INC. LOCATED IN SECTION 26, 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 WHEREAS, the Andover Review Committee has reviewed the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to deny the revised preliminary plat of Crown Pointe for the following reasons: 1. The second crossing over the railroad tracks will be more hazardous in case of an emergency situation, especially in case of a community emergency. There are too many variables that can happen. 2. The idea of maintenance of a gate system as well as the attractive nuisance it can create in the neighborhood adds validity to the denial. 3. This crosses the railroad tracks, and for safety reasons the city is trying to get the second access as far away from the railroad tracks as possible in the case of a derailment or a problem with the natural gas line. Moving the access away from those two areas provides a greater degree of safety. Adopted by the City Council of the City of Andover this 15th day of August, 1995. CITY OF ANDOVER Attest: (j. t. mc--~~~ ~.E. MCKelvey, May 11L;~~ iJ~ Victoria volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R157A95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT/VARIANCE REQUEST OF PETER KING TO ALLOW FOR THE OPERATION OF A HOME OCCUPATION (METAL SAWING BUSINESS) IN AN ACCESSORY STRUCTURE THAT DOES NOT MEET THE MINIMUM REAR YARD SETBACK OF FIFTY (50') FEET BY THIRTEEN (13') FEET ON THE PROPERTY LOCATED AT 719 - 157TH AVENUE NW, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Peter King has requested a Special Use Permit/variance to allow for the operation of a home occupation (metal sawing business) in an accessory structure that does not meet the minimum rear yard setback on the property located at 719 - 157th 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 8, Sections 4.30, 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; and the use is in harmony 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 allow Peter king to operate a home occupation (metal sawing business) in an accessory structure that does not meet the minimum rear yard setback on said property with the following conditions: 1. The size of the lot shall be 3 acres or larger. 2. The specific location and size of the structure and/or outside storage area shall be as allowed by the City. 3. The combined square footage of the accessory structure and or outside storage area shall not exceed 800 square feet. 4. Setbacks of the accessory structure and or outside storage area shall be of a magnitude found necessary by the City, but in no case shall it be less than a one hundred (100') foot front yard setback, thirty (30') foot side yard setback and a thirty-seven (37') foot rear yard setback or as required in Section 6.02. Page Two Resolution Home Occupation - Peter King 719- 157th Avenue NW September 5, 1995 5. The outside storage area and all vehicles, materials and equipment being stored there shall be fenced, landscaped and screened in such a manner as to prevent it from being visible at any time of the year from road right-of-ways, public properties and surrounding properties. 6. The number of employees shall be limited to one (1) person on site in addition to family members. 7. On-site sales shall be prohibited, except those clearly incidental to services provided in the dwelling. 8. vehicles associated with the home occupation shall be limited to one (1) vehicle on the premises and as set out in Section 8.08. 9. Unusual parking and traffic patterns shall not be created, which are not normally found in the neighborhood, and in no case, shall the need for more than three (3) additional vehicles be created on the property. 10. Signs shall be regulated as set out in Section 8.07. 11. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 12. The City may at any time inspect the home occupation and revoke the Special Use Permit if the applicant is not adhering to the permit and the conditions of the permit. 13. Hours of operation shall be: 7 a.m. to 8 p.m., Monday - Friday Adopted by the City Council of the City of Andover on this 5th day of September, 1995. CITY OF ANDOVER ATTEST: /. E~ M!1e~vK~r L~ ldU V1ctor1a Volk, City Clerk EXHIBIT A That part of the west 660 feet of the Southwest Quarter of the Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota, lying southerly of the following described line: Beginning at a point on the West line of said Quarter, Quarter, 400 feet North of the Southwest Corner of said Quarter Quarter, thence East at right angles to said West line to the East line of said Quarter, Quarter, and there terminating and lying easterly of the following described line: Commencing at the above mentioned point of beginning, thence East at right angles to said West line 275 feet to the point of beginning, thence South parallel with said West line to the South line of said Quarter, Quarter and there terminating; Except Roads; Subject to Easement of Record. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R158-95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CURTIS CHESNESS TO OPERATE AN IN-HOME BEAUTY SALON ON THE PROPERTY LOCATED AT 981 - 140TH LANE NW (PIN 35-32-24-12-0048), LEGALLY DESCRIBED AS LOT 9, BLOCK 9, HILLS OF BUNKER LAKE 5TH ADDITION. WHEREAS, Curtis Chesness has requested a Special Use Permit to allow for the operation of an in-home beauty salon located at 981 - 140th Lane NW (PIN 35-32-24-12-0048), legally described as Lot 9, Block 9, Hills of Bunker Lake 5th Addition; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 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; and the use is in harmony 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 allow Curtis Chesness to operate an in-home beauty salon on the above described property with the following conditions: 1. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 2. The Special Use Permit shall be subject to annual review and site inspection by City Staff. 3. One salon chair only. 4. The site shall be subject to meeting the requirements of Ordinance No.8, Section 8.08, Parking. 5. The beauty salon shall be owner occupied. 6. Hours of operation shall be as follows: 9 a.m. to 9 p.m. Monday - Friday 9 a.m. to 5 p.m. Saturdays Page Two SUP - In-Home Beauty Salon Curtis Chesness Resolution 7. Upon sale of the premises for which the Special Use Permit is granted, such permit shall terminate. 8. Drawings detailing the salon shall be submitted at the time of the request for the Special Use Permit. 9. The provisions of Ordinance No.8, Section 4.30, Home Occupations shall apply. 10. The salon must comply with the State Cosmetology Board requirements. Adopted by the City Council of the City of Andover on this 5th day of September, 1995. CITY OF ANDOVER ATTEST: Jot M~:rvt~r ~'4-/ ;;I~ V1ctoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rl59-95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF KAROLYN RUCKS TO OPERATE AN IN-HOME BEAUTY SALON ON THE PROPERTY LOCATED AT 840 - 146TH LANE NW (PIN 26-32-24-14-0005), LEGALLY DESCRIBED AS LOT 5, BLOCK 1, BARNES ROLLING OAKS SECOND ADDITION. WHEREAS, Karolyn Rucks has requested a Special Use Permit to allow for the operation of an in-home beauty salon located at 840 - 146th Lane NW (PIN 26-32-24-14-0005), legally described as Lot 5, Block 1, Barnes Rolling Oaks 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, 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; and the use is in harmony 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 allow Karolyn Rucks to operate an in-home beauty salon on the above described property with the following conditions: 1. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 2. The Special Use Permit shall be subject to annual review and site inspection by City Staff. 3. One salon chair only. 4. The site shall be subject to meeting the requirements of Ordinance No.8, Section 8.08, Parking. 5. The beauty salon shall be owner occupied. 6. Hours of operation shall be as follows: 9 a.m. to 9 p.m. Monday - Thursday 8:30 a.m. to 9 p.m. Saturdays 8:30 a.m. to 5 p.m. Sundays Page Two SUP - In-Home Beauty Salon Karolyn Rucks Resolution 7. upon sale of the premises for which the Special Use Permit is granted, such permit shall terminate. 8. Drawings detailing the salon shall be submitted at the time of the request for the Special Use Permit. 9. The provisions of Ordinance No.8, Section 4.30, Home Occupations shall apply. 10. A minimum of 39,000 s.f. of lot size shall be required. 11. The septic system shall be inspected annually before the Special Use Permit is reviewed. 12. The septic system must be in compliance with Ordinance NO. 37, Septic System Ordinance. A beauty shop is equivalent to one (1) bedroom in terms of usage. 13. The salon must comply with the State Cosmetology Board requirements. Adopted by the City Council of the City of Andover on this 5th day of September, 1995. CITY OF ANDOVER ATTEST: I~.t~c<<f~r~ ~ d4-- Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.160-95 A RESOLUTION ADOPTING THE CITY OF ANDOVER 1996 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 from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriate 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 15th. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 1996 property tax levy totaling $2,502,745, of which $2,158,738 is for general purposes and is levied against all taxable property within the City of Andover, $13,395 is levied against property located within the Lower Rum River watershed District for the City of Andover's share of costs of this organization and $448,689 is for the repayment of bonded indebtedness as follows: 1992 Certificates of Indebtedness 1994 Certificates of Indebtedness 1995 Certificates of Indebtedness 1991 Fire Station Bonds $30,131 25,668 50,733 342,157 $448,689 -------- -------- BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the preliminary General Fund budget as follows: Revenue: Taxes Licenses Permits Intergovernmental Charges for services Fines and Forfeitures Miscellaneous Transfers from Other Funds $2,200,924 20,215 323,605 759,484 361,350 37,000 103,400 71,000 Total Revenue $3,876,978 Expenditures: 3eneral Government Public Safety Public Works Parks and Recreation Recycling other Financing Uses Unallocated Total Expenditures $1,048,326 1,176,968 1,015,132 379,778 45,226 65,276 146,272 $3,876,978 Adopted by the City Council of the City of Andover on this of September, 19 95. 5th day CITY OF ANDOVER ATTEST: t.. (~/:(~er-~r i~ tUb V1ctor1a Volk - City Clerk ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 161-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION REJECTING FEASIBILITY REPORT ON IMPROVEMENTS OF BITUMINOUS STREET CONSTRUCTION , PROJECT NO. 95-11 IN THE 181ST AVENUE WEST OF TULIP STREET AREA. WHEREAS, pursuant to Resolution No. 105-95 , adopted the 20th day of June , 1995 , a Feasibility Report has been prepared by the City Engineer for the improvements; and WHEREAS, such report was received by the City Council on the 5th day of September , 1995 ; and WHEREAS, such report declared the cost of such improvement to be cost prohibitive to the residents involved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby rejects the Feasibility Report for project NO. 95-11 MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 5th day of September 19~, with Councilmembers McKelvey, Kunza, Knight, Jacobson, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: L4~, !f~ Victor1a volk - City Clerk / S $6 ~~ t/J. E. McKelvey - yor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 162-95 A RESOLUTION DESIGNATING NO PARKING ALONG BUNKER LAKE BOULEVARD SERVICE ROAD NW BETWEEN JAY STREET NW AND GROUSE STREET NW AND ALONG GROUSE STREET NW BETWEEN BUNKER LAKE BOULEVARD SERVICE ROAD NW AND COMMERCIAL BOULEVARD NW LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24. WHEREAS, the Andover Review Committee has reviewed the request and recommends approval. WHEREAS, the City of Andover will be responsible for the installation of the signs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate no parking zones along Bunker Lake Boulevard Service Road NW between Jay Street NW and Grouse street NW and along Grouse Street NW between Bunker Lake Boulevard Service Road NW and Commercial Boulevard NW. Adopted by the City Council of the City of Andover this 5th day of september , 1995. CITY OF ANDOVER ATTEs'r: 1-:- t. m~~~ J. E. McKelvey - yor ~~ V1ctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 163-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. AREA. 95-19 , IN THE 13748 ROUND LAKE BOULEVARD NW WHEREAS, the City August 2, 1995 improvements; and Council has received a petition, dated , requesting the construction of 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 Knight and adopted by the City Council at a regular Meeting this 5th day of september 19 95 , with Councilmembers McKelvey, Jacobson, Dehn, Knight, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: l'E~Mc~rvf:~or iA~ (/dL Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 164-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER * 1 CRACK SEALING TO PROJECT NO. 95-3 WHEREAS, the City of 93-5, crack sealing Eau Claire, Wisconsin Andover has a contract for project No. with Bergman Companies, Inc. of NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to project NO. 93-5. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 5th day of September , 19 95 , with Councilmembers Dehn, Knight, Jacobson, McKelvey, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. {. ~c.4~ va. E. McKelvey - yor ~;I~ V1ctor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 165-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET CONSTRUCTION , PROJECT NO. 95-22 IN THE VERDIN ACRES AREA. WHEREAS, August 29 improvements; the City Council has received a petition, dated , 19~, requesting the construction of and WHEREAS, such petition has been validated to contain the signatures of more than 35% 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 as adequate. 2. The proposed improvement is hereby referred to the Engineer and he is instructed to provide the City with a feasibility report. City Council MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 5th day of September 19~, with Councilmembers Jacobson, Kunza, Knight, McKelvey, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J' [. )J!c--JfI. 'P ack McKelvey - Mayor ~~ V1ctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 166-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION IMPROVEMENTS PROJECT NO. ORDERING OF 95-22 PREPARATION OF A FEASIBILITY STREET CONSTRUCTION , IN THE VERDIN ACRES AREA. REPORT FOR THE WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically street construction in the following described area: Verdin Acres ; and WHEREAS, the City Council proposes to assess the benefitting 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 the City Enlineer and he is instructed to provide the city Council a easibility report. with MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting thi s 5th day of September , 19~, with Councilmembers McKelvey, Jacobson, Kunza, Knight, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I.E~M?:iv~YOr i4-- iI~ victor1a Volk - City Clerk .. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 167-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREETS, SANITARY SEWER, WATERMAIN, STORM DRAIN AND APPURTENANCE , PROJECT NO. 94-33 IN THE COMMERCIAL BOULEVARD EXTENSION AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution NO. the 15th day of August hearTng; and 153-95 of the City Council adopted on , 19~, fixed a date for a public WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 5th day of August 19~; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and WHEREAS, the improvement pertains to the construction of Commercial Boulevard for streets, sanitary sewer, watermain, storm drain and appurtenance; and thereto the estimated price of $703,600 as opposed to the original project as presented of $1.2 million. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order Improvement project No. 94-33 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate the TKDA as the Engineer for this improvement and he is directed to prepare plans and specifications for such improvements. BE IT STILL FURTHER RESOLVED that the City Engineer is to obtain all the necessary drainage and utility easements before construction. the City Council at a regular Knight meeting this 5th and adopted by day of MOTION seconded by Councilmember August , 19 95 , with Councilmembers McKelvey, Kunza, Jacobson, Knight, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: rlk ~~K~y4br i;t:;j Idb V1ctoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R168-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION REJECTING THE PETITION FOR NAVAJO STREET, 175TH AVENUE AND 173RD AVENUE FOR THE IMPROVEMENT OF BITUMINOUS STREET CONSTRUCTION. WHEREAS, the June 24, 1995 improvements; and City Council has received a petition dated requesting the construction of WHEREAS, the petition has been found to be invalid for lack of the proper number of individuals signing the petition who are property owners abutting the road. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to reject the petition for Navajo Street, 175th Avenue and 173rd Avenue. Adopted by the City Council of the City of Andover this 5th day of September , 1995. CITY OF ANDOVER Attest: )~'~CK~:;/!~~or i~~~ City Clerk V1ctona VO k - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R169-95 A RESOLUTION APPROVING THE VARIANCE REQUESTED BY DOUG AND BETH FRYE TO ALLOW FOR THE CONSTRUCTION OF A 12' x 20' ACCESSORY STRUCTURE (STORAGE SHED) THAT EXCEEDS THE REQUIREMENTS OF ORDINANCE NO.8, SECTION 4.05(B)(2) BY 180 S.F. ON THE PROPERTY LOCATED AT 2721 - 134TH AVENUE NW, LEGALLY DESCRIBED BELOW. WHEREAS, Doug and Beth Frye have requested a variance to allow for the construction of a 12' x 20' accessory structure (storage shed) exceeding the requirements of Ordinance No.8, Section 4.05(B)(2) by 180 s.f. on the property located at 2721 - 134th Avenue NW, legally described as follows: Grow Township. That part of Lot 9, Auditors Subdivision No. 137, Anoka County, Minnesota described as follows: Commencing at a point on the North line of said Lot 9, which is 350 feet East of the Northwest Corner of said Lot 9; thence South and parallel with the West line of said Lot 9 for a distance of 135 feet; thence East and parallel with the North line of said lot 9 for a distance of 150 feet; thence North and parallel with the West line of said Lot 9 for a distance of 135 feet and to the North line thereof; proceeding thence West along said North line to the point of commencement; 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 WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of the 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 hereby approves the variance requested to Ordinance No.8, Section 4.05(B)(2) as stated above on said property. Adopted by the City Council of the City of Andover this 5th day of September, 1995. ATTEST: CITY OF ANDOVER /. E~'M!:f;:t:~ ~/db V1ctor1a Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 170-95 , .10TION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 93-5 WHEREAS, by a resolution passed by the City Council on April 18 19~, the City Clerk was directed to prepare a proposed assessment cost of improvements for project NO. 93-5 ; and , of the WHEREAS, the 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, MN: 1. A hearing shall be held the 3rd day of October, 1995 , in the City Hall at 7:00 P.M. 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 chan 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 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 Dehn and adopted by the City Council at a regular Meeting this 5th day of september , 19~, with Councilmembers McKelvey, Knight, Kunza, Jacobson, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER I\TTEST: ~, f ?#- J1~~ /6. E. McKe vey - May: ~~ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 171-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS ADVERTISEMENT FOR BIDS FOR PROJECT WELL *5 (PHASE II) FOR PUMPHOUSE AND SPECIFICATIONS AND ORDERING NO. 94-32, CONSTRUCTION. WHEREAS, pursuant to Resolution No. 015-95, adopted by the City Council on the 7th day of February ,19 95, TKDA has prepared final plans and specifications for Project 94-32 for pumphouse construction; and WHEREAS, such final plans and specifications the City Council for their review on the 19th September , 19 95 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final plans and Specifications . were presented to day of 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 Thursday, October 12 , 19~ at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 19th day of September , 19~, with Counci1members Knight, McKelvey, Jacobson, Kunza, Dehn voting in favor of the resolution and Councilmembers none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ;'E'~CK~~Y~ ~~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 172-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING RO-SO CONTRACTING OF SANITARY SEWER, IN THE FOLLOWING AREA: WORK AND DIRECTING FINAL PAYMENT TO FOR PROJECT NO. 93-10 FOR THE IMPROVEMENT WATERMAIN AND STORM SEWER SUPERAMERICA WHEREAS, pursuant to a written contract signed with the City of Andover on February 15 , 19~, Ro-So Contracting of centervi11e, 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 regular meeting this 19th day of September 19 95 , with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: . f. 11/", Kr E. McKelvey - M or ~Mu Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 173-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ROLL FOR THE PROJECT NO. DECLARING COST IMPROVEMENT OF 94-11 , AND DIRECTING PREPARATION OF ASSESSMENT SANITARY SEWER AND WATERMAIN , FOR ANDOVER CENTER 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 $ 38,433.50, and the expenses incurred or to be incurred in the making of such improvement amount to $ 38,433.50 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 38,433.50 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- and the amount of the cost to be assessed against benefited property owners is declared to be $ 38,433.50 2. 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 1995, 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 regular meeting this 19th day of September, 19 95 , with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ; E~'Mcl[(;;/( ~ d,~ ita Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 174-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 94-11 WHEREAS, by a resolution passed by the City Council on September 19, 19 95 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 94-11 ; and WHEREAS, the 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, MN: 1. A hearing shall be held the 17th day of October, 1995, in the City Hall at 7:00 P.M. 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 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 Dehn and adopted by the City Council at a regular Meeting this 19th day of September , 19~, with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (j. C. m~l(~ ~. E. McKelvey - May Il~.~ tf~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 175-95 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 NO. 94-21, 13920 CROSSTOWN BOULEVARD NW 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 $ 3,688.26 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 3,688.26 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 3,688.26 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- and the amount of the cost to be assessed against benefited property owners is declared to be $ 3,688.26 2. 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 1995, 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 regular meeting this 19th day of September, 19 95 with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ {. me- ~J..h. (,,(j. "E. 'McKelvey -~;;7 dJL:../ II~ Victoria Vo1k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RE S. NO. 176 - 95 MOTION by Counci1member Kunza to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 94-21 WHEREAS, by a resolution passed by the city Council on September 19, 19~, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 94-21 ; and WHEREAS, the 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, MN: 1. A hearing shall be held the 17th day of October, 1995, in the City Hall at 7:00 P.M. 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 h~reby 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 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 Dehn and adopted by the City Council at a regular Meeting this 19th day of September , 19~, with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: jl. t. hle-)1 J 1). (;J. 'E. ivrcKelvey =~r ~ dt/b Victoria Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 177-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION DECLARING COST ROLL FOR THE IMPROVEMENT OF 14268 WOODBINE STREET NW AND DIRECTING PREPARATION OF ASSESSMENT WATERMAIN , FOR PROJECT NO. 94-27, 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 $ 3,587.92 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 3,587.92 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 3,587.92 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- and the amount of the cost to be assessed against benefited property owners is declared to be $ 3,587.92 2. 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 1995, 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 regular meeting this 19th day of September, 19 95 , with Councilmembers Knight, Jacobson, MCKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I ~.~c{;{;;; da~ ju-:t--~ tf~ Victoria Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 178-95 ,'IOTION by Councilmember Kunza to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 94-27 WHEREAS, by a resolution passed by the City Council on September 19, 19 95 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project NO. 94-27 ; and WHEREAS, the 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, MN: 1. A hearing shall be held the 17th day of October, 1995, in the city Hall at 7:00 P.M. 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 ~iven to the owner of each parcel described in the assessment roll not less ,.han 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 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 Dehn and adopted by the City Council at a regular Meeting this 19th day of September , 19~, with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER \TTEST: l'ErM(?(t/r~r j,L.-:.u' tf~ Victoria Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 179-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION DECLARING COST ROLL FOR THE IMPROVEMENT OF 1519 - 148TH LANE NW AND DIRECTING PREPARATION OF ASSESSMENT SANITARY SEWER, FOR PROJECT NO. 94-29, 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 $ 5,852.32 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 5,852.32 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 5,852.32 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- and the amount of the cost to be assessed against benefited property owners is declared to be $ 5,852.32 2. 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 1995, 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 regular meeting this 19th day of September, 19 95 , with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: rJ-. t. Me- ~d qy . E. MCKelvey - May6r iL~: / jg Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 180-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 94-29 WHEREAS, by a resolution passed by the City Council on September 19, 19~, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project NO. 94-29 ; and WHEREAS, the 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, MN: 1. A hearing shall be held the 17th day of October, 1995, in the city Hall at 7:00 P.M. 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 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 Dehn and adopted by the City Council at a regular Meeting this 19th day of September , 1922-, with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /E.~c~f6 ;j_~J d/L Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 181-95 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 WATERMAIN , PROJECT NO. 95-6 , IN THE 3541 - 135TH LANE NW, 3542 - 136TH AVENUE NW AND 3543 - 136TH AVENUE NW (ACCAP PROPERTIES) AREA. WHEREAS, the City Council has received a petition, dated September 14, 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 -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 September 19 95 , with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fl ~ ///c ~JL~ ~. E. McKelvey - Ma ~f;:~ ~ V1ctor1a Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 182-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY ORDERING IMPROVEMENT AND DIRECTING SPECIFICATIONS FOR THE IMPROVEMENT WATERMAIN 3541 - 135TH LANE NW, 3542 - 136TH NW (ACCAP PROPERTIES) STUDY, WAIVING PUBLIC HEARING, PREPARATION OF PLANS AND OF PROJECT 95-6 FOR IN THE FOLLOWING AREA AVENUE NW AND 3543 - 136TH AVENUE WHEREAS, the City Council did on the 19th day of September, 19 95 , order the preparation of a feasibility study for the improvements; and WHEREAS, such feasibility study was prepared by the Assistant City Engineer and presented to the Council on the 19th day of September, 19 95 ; 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 $ 9,372.00 NOW, THEREFORE, BE IT RESOLVED by the Andover to hereby receive the feasibility total cost of improvements of $ 9,372.00 Hearing and order improvements. City Council of the City of report with an estimated , waive the Public BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular . meeting this 19th day of September, 19 95, with Councilmembers Jacobson, Knight, Dehn, McKelvey, Kunza voting in favor of the resolution and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 2~.f~c~~er~ ~~ Victoria Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 183-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION DECLARING COST ROLL FOR THE IMPROVEMENT OF 3541 - 135TH LANE NW, 3542 NW (ACCAP PROPERTIES) . AND DIRECTING PREPARATION OF ASSESSMENT WATERMAIN , FOR PROJECT NO. 95-6 , - 136TH AVENUE NW AND 3543 - 136TH AVENUE 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 $ 4,686.00 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 4,686.00 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 4,686.00 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- and the amount of the cost to be assessed against benefited property owners is declared to be $ 4,686.00 2. 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 1995, 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 regular meeting this 19th day of September, 19 95 , with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: !~(~c(f~y ~~ IIJ-~ (/r& Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 184-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 95-67 WHEREAS, by a resolution passed by the City Council on September 19, 19 95 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project NO. 95-6 ; and WHEREAS, the 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, MN: 1. A hearing shall be held the 17th day of October, 1995, in the City Hall at 7:00 P.M. 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 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 Dehn and adopted by the City Council at a september , 19~, regular Meeting this 19th day of with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: cf'E.t~~~ef~ IL'4:~ !I~ Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 185-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT FOR THE IMPROVEMENT OF PROJECT 95-19 FOR WATERMAIN IN THE FOLLOWING AREA 13748 ROUND LAKE BOULEVARD NW WHEREAS, the City Council did on the 5th day of September, 19 95 , order the preparation of a feasibility study for the improvements; and WHEREAS, such feasibility study was prepared by the City En~ineer and presented to the Council on the 19th day of September, 1 95; 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 $ 4,179.37 NOW, THEREFORE, BE IT RESOLVED by the Andover to hereby receive the feasibility total cost of improvements of $ 4,179.37 Hearing and order improvements. City Council of the City report with an estimated , waive the Public of MOTION seconded by Councilmember the City Council at a regular Dehn and adopted by Meeting this 19th day of September, 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: I'E~ M1t~!~~or (LZ:-#-J iLb V1ctor1a Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 186-95 MOTION by Councilmember Kunza to adopt the following: PREPARATION OF ASSESSMENT , FOR PROJECT NO. 95-19, A RESOLUTION ROLL FOR THE 13748 ROUND DECLARING COST IMPROVEMENT OF LAKE BOULEVARD AND DIRECTING WATERMAIN NW 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 $ 4,179.37 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 4,179.37 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 4,179.37 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- and the amount of the cost to be assessed against benefited property owners is declared to be $ 4,179.37 2. 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 1995, 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 regular meeting this 19th day of September , 19 95 , with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j). t hJc-- f~ .p: E. MCKelvey - Mayo ~/f,L& V1ctor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 187-95 MOTION by Counci1member Kunza to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 95-19 WHEREAS, by a resolution passed by the City Council on September 19, 19~, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 95-19 ; and WHEREAS, the 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, MN: 1. A hearing shall be held the 17th day of October, 1995, in the City Hall at 7:00 P.M. 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 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 Dehn and adopted by the City Council at a regular Meeting this 19th day of September , 19~, with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: a. ( Mc-<~ f' E. McKelvey - yor i,~~ Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R188-95 A RESOLUTION SETTING FEES FOR ON-SALE INTOXICATING LIQUOR LICENSES AND OFF-SALE INTOXICATING LIQUOR LICENSES. The City Council of the City of Andover hereby ordains: The following fees are hereby established for the year 1996: Liquor Licenses On Sale $4,000/year $ 200/year Off Sale Adopted by the City Council of the city of Andover this 19th day of September , 1995. CITY OF ANDOVER Attest: ~ ~ ..m.c.- Ai j - flJoE. MCK~l::'ey -~ ~t(~ V1ctor1a Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R189-95 A RESOLUTION APPROVING THE VARIANCE REQUEST OF LOREN KUCH TO ORDINANCE NO.8, SECTION 4.21 WHICH REQUIRES A FENCE IN EXCESS OF SIX (6') FEET IN HEIGHT TO MEET THE MINIMUM BUILDING SETBACK IN THE ZONING DISTRICT IN WHICH IT IS LOCATED TO ALLOW FOR THE CONTINUED PLACEMENT OF A NINE (9') FOOT FENCE LOCATED ON THE PROPERTY LINE ON THE PROPERTY LOCATED AT 14015 PARTRIDGE STREET NW, LEGALLY DESCRIBED AS LOT 3, BLOCK 4, RED OAKS MANOR 4TH ADDITION. WHEREAS, Loren Kuch has requested a variance to Ordinance No.8, Section 4.21 which requires a fence in excess of six (6') feet in height to meet the minimum required building setback for the Zoning District in which it is located to allow for the continued placement of a nine (9') foot fence located on property line on the property located at 14015 partridge Street NW, legally described as Lot 3, Block 4, Red Oaks Manor 4th Addition. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance No.8, Section 5.04, however, due to safety considerations regarding the pool the commission feels the variance is warranted; and WHEREAS, the Planning & 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 hereby approves the variance requested by Loren Kuch to Ordinance No.8, Section 4.21 which requires a fence in excess of six (6') feet in height to meet the minimum required building setback for the Zoning District in which it is located to allow for the continued placement of a nine (9') foot fence located on property line on the property located at 14015 partridge Street NW, legally described as Lot 3, Block 4, Red Oaks Manor 4th Addition. Adopted by the City Council of the City of Andover this 19th day of September, 1995. CITY OF ANDOVER tl'E~ !:!elve1:~ ATTEST: ~;/~ victor1a volk, City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: September 19, 1995 R.." I "I" 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 19th day of September, 1995, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the competitive negotiated sale of, $6,055,000 General Obligation Tax Increment Bonds, Series 1995D of the City. The following members were present: McKelvey, Kunza, Jacobson, Dehn and Knight and the following were absent: None The City Clerk presented proposals on $6,055,000 General Obligation Tax Increment Bonds, Series 1995D of the City, for which proposals were to be received, opened and tabulated by the City Clerk, or her designee, this same day, in accordance with the resolution adopted by the City Council on August 15, 1995. The following proposals were received, opened and tabulated at 11:00 A.M., Central Time, at the offices of Springsted Incorporated, in the presence of the City Clerk, or her designee, on this same day: Proposal Maker Interest Rate True Interest Cost See Attached 300484.1 AWARD: SALE: 85 E. SEVENTH PLACE. SUITE 100 SAINT PAUL, MN 5SIOI-2143 612-223-3000 FAX, 612-223-3002 #' ~ SPRINGSTED Public Fll1OlU:e Advisors $6,055,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 19950 (BOOK ENTRY ONLY) FIRSTAR BANK MILWAUKEE, N.A. And Associate September 19, 1995 Moody's Rating: Aaa Standard & Poor's Rating: AAA Capital Guaranty Insured Bidder Price Net Interest True Interest Cost Rate Interest Rates FIRSTAR BANK MILWAUKEE, N.A Commerce Investment Corporation $5,964,175.00 $3,737,700.00 5.3492% 4.50% 1996 4.50% 1997 4.50% 1998 4.50% 1999 4.50% 2000 4.50% 2001 4.50% 2002 4.60% 2003 4.70% 2004 4.80% 2005 4.80% 2006 4.90% 2007 5.10% 2008 5.20% 2009 5.30% 2010 5.40% 2011 5.50% 2012 5.60% 2013 (Continued) SAINT PAUL, MN MINNEAPOLIS, MN BROOKFIELD, WI OVERLAND PARK, KS WASHINGTON, DC IOWA CITY, fA Interest Net Interest True Interest Bidder Rates Price Cost Rate SMITH BARNEY 3.75% 1996 $5,968,820.25 $3,742,425.58 5.3511% CRONIN & COMPANY, INCORPORATED 3.90% 1997 PIPER JAFFRAY INC. 4.00% 1998 John G. Kinnard & Company Incorporated 4.15% 1999 Principal Financial Securities Inc. 4.25% 2000 4.40% 2001 4.50% 2002 4.60% 2003 4.70% 2004 4.80% 2005 4.90% 2006 5.00% 2007 5.10% 2008 5.25% 2009 5.35% 2010 5.40% 2011 5.50% 2012 5.60% 2013 FBS INVESTMENT SERVICES, INC. 4.50% 1996 $5,964,175.00 $3.762,570.83 5.3828% NORWEST INVESTMENT SERVICES, INC. 4.50% 1997 MERRILL LYNCH & CO. 4.50% 1998 Juran & Moody, Incorporated 4.50% 1999 4.50% 2000 4.50% 2001 4.50% 2002 4.50% 2003 4.60% 2004 4.70% 2005 4.85% 2006 5.00% 2007 5.10% 2008 5.25% 2009 5.40% 2010 5.50% 2011 5.55% 2012 5.60% 2013 RAYMOND JAMES & ASSOCIATES 4.80% 1996 $5,965,185.40 $3,758,195.43 5.3861% WILLIAM R. HOUGH & CO. 4.80% 1997 NIKE SECURITIES 4.80% 1998 BETZOLD & BURG 4.80% 1999 Josephthal, Lyon & Ross, Inc. 4.80% 2000 4.80% 2001 4.80% 2002 4.80% 2003 4.875% 2004 4.90% 2005 4.90% 2006 5.00% 2007 5.10% 2008 5.20% 2009 5.30% 2010 5.40% 2011 5.50% 2012 5.50% 2013 (Continued) Bidder Price Interest Rates Net Interest True Interest Cost Rate ABN AMRO SECURITIES (USA) INC. 3.80% 1996 .'RUDENTIAL SECURITIES, INC. 3.95% 1997 DEAN WITTER REYNOLDS INCORPORATED 4.10% 1998 OPPENHEIMER & CO., INC. 4.20% 1999 WACHOVIA BANK & TRUST COMPANY, N.A 4.30% 2000 FIRST TENNESSEE BANK MEMPHIS 4.60% 2001 4.80% 2002 4.80% 2003 4.80% 2004 4.80% 2005 4.90% 2006 5.00% 2007 5.125% 2008 5.25% 2009 5.30% 2010 5.50% 2011 5.50% 2012 5.60% 2013 DAIN BOSWORTH INCORPORATED FIDELITY CAPITAL MARKETS $5,964,896.45 $3,765,671.47 5.3894% 4.90% 1996 4.90% 1997 4.90% 1998 4.90% 1999 4.90% 2000 4.90% 2001 4.90% 2002 4.90% 2003 4.90% 2004 4.90% 2005 4.90% 2006 5.00% 2007 5.20% 2008 5.30% 2009 5.40% 2010 5.50% 2011 5.60% 2012 5.60% 2013 $5,964,175.00 $3,815,088.33 5.4668% _~_____.__________w__________________________________________________________________________________..___________________~______~__ (Continued) REOFFERING SCHEDULE OF THE PURCHASER BSlte ~ ~ 4.50% 1996 4.00% 4.50% 1997 4.00% 4.50% 1998 4.10% 4.50% 1999 4.20% 4.50% 2000 4.30% 4.50% 2001 4.40% 4.50% 2002 4.50% 4.60% 2003 4.50% 4.70% 2004 4.50% 4.80% 2005 4.50% 4.80% 2006 4.90% 4.90% 2007 5.00% 5.10% 2008 5.15% 5.20% 2009 5.25% 5.30% 2010 5.35% 5.40% 2011 5.45% 5.50% 2012 5.55% 5.60% 2013 5.65% BBI: 5.83% Average Maturity: 11.59 Years . Subsequent to bid opening, the issue size was not changed. -- -- I EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: September 19 1995 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 on the 5th day of September, 1995, at 7:00 p.m. The following members of the Council were present: Jacobson, Dehn, McKelvey, Kunza, Knight and the following were absent: None Member Jacobson introduced the following resolution and moved its adoption: NO. R191-95 RESOLUTION APPROVING THE MODIFICATION OF THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1, AND APPROVING THE MODIFICATION OF THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1-1 AND 1-2 WHEREAS: A. It has been proposed that the City of Andover, Minnesota (the "City"), modify the development program for Development District No.1, and modify the tax increment financing plans for Tax Increment Financing Districts Nos. 1-1 and 1-2 within Development District No.1, under the provisions of Minnesota Statutes, Sections 469.124 to 469.134 and 469.174 to 469.179 (collectively, the "Act"); and B. The City Council has investigated the facts and' has caused to be prepared a proposed modification of the development program for Development District No.1, and has caused to be prepared a proposed modification of the tax increment financing plan for Tax Increment Financing Districts Nos. 1-1 and 1-2 defining more precisely increased public costs to be included in Development District No.1; and C. The City has performed all actions required by law to be performed prior to the proposed modification of the development program for Development District No.1, and the proposed modification of the tax increment financing plans for Tax Increment Financing Districts Nos. 1-1 and 1-2, including, but not limited to, notification of Anoka County and Independent School District No. 11, and the holding of a public hearing upon published notice as required by law; and 299152.1 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Andover as follows: 1. DeveloDment District NO.1. The City is not modifying the boundaries of Development District NO.1. 2. Modification of the DeveloDment Proqram. The Development Program for Development District No. 1 is amended as set forth in the Modification to the Development Program. 3. Tax Increment Financinq Districts Nos. 1-1 and 1-2. The City is not modifying the boundaries of Tax Increment Financing Districts Nos. 1-1 and 1-2. 4. Modification of the Tax Increment Financinq Plans. The Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1 and 1-2 are amended as set forth in the Modification of the Tax Increment Financing Plans. The City Council makes the following findings with respect to Tax Increment Financing Districts Nos. 1-1 and 1-2: (a) Tax Increment Financing Districts Nos. 1-1 and 1-2 when established were established as redevelopment districts as defined in Minnesota Statutes, Section 469.174, Subd. 10. The City reaffirms the findings previously made with respect to the establishment of Tax Increment Financing Districts Nos. 1-1 and 1-2. (b) The proposed redevelopment in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary. The reasons supporting this finding are that: Private investment will not finance these development activities because of prohibitive costs. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within Development District NO.1. (c) The Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1 and 1-2 conform to the general plan for development or redevelopment of the City of Andover as a whole. The reasons for supporting this finding are that: (i) Tax Increment Financing Districts Nos, 1-1 and 1-2 are properly zoned; and 299152.1 2 (ii) The tax increment financing plans will generally compliment and serve to implement policies adopted in the City's comprehensive plan. (d) The Tax Increment Financing Plans will afford maximum opportunity, consistent with the sound needs of the City of Andover as a whole, for the development or redevelopment of Development District No. 1 by private enterprise. The reasons supporting this finding are that: The development activities are necessary so that development and redevelopment by private enterprise can occur within Development District No.1. 5. Public Purpose. The Modification of the Development Program for Development District No.1, and the Modification of the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1 and 1-2 conform in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up to provide employment opportunities to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. 6. Filinq. The City Clerk is further authorized and directed to file a copy of the Modification of the Development Program and Modification of the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1 and 1-2 with the Commissioner of Revenue. The motion for the adoption of the foregoing resolution was duly seconded by member Dphn and upon vote being taken thereon, the following voted in favor thereof: McKelvey, Knight, Kunza, Dehn, Jacobson and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 299152.1 3 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 ahve compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the City's development district. WITNESS my hand this 19th day of September 1995 ~'rd City Clerk 297458.1 MODIFICATION OF THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND MODIFICATION OF THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1-1 AND 1-2 CITY OF ANDOVER, MINNESOTA ADOPTED SEPTEMBER 19, 1995 The City has heretofore established Development District No. 1 and adopted a Development Program thereto. The capital and administration costs identified in the Development Program and the property to be acquired, as adopted are amended to include the public costs and additional property set forth below. The City has established Tax Increment Financing Districts Nos. 1-1 and 1-2 within Development District NO.1. The Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1 and 1-2 are amended to reflect the following budget increases: $ 3,000,000 11,400,000 1. 600,000 land acquisition and site improvements public improvements and public facilities administration expenses and costs of issuance $16.000,000 total project costs and maximum principal amount of bonds to be issued In addition, the City intends to acquire the following property: PIN NUMBER 34-32-24-31-0012 34-32-24-31-0022 34-32-24-31-0003 34-32-24-42-0006 34-32-24-42-0001 34-32-24-42-0004 34-32-24-42-0005 34-32-24-42-0010 34-32-24-32-0005 34-32-24-32-0006 34-32-24-31-0014 34-32-24-31-0017 34-32-24-31-0018 34-32-24-31-0015 34-32-24-31-0008 34-32-24-31-0016 34-32-24-42-0003 34-32-24-42-0007 34-32-24-42-0002 34-32-24-14-0001 34-32-24-42-0008 34-32-24-42-0009 The City reserves the right to acquire any other property located within Development District NO.1. 297458.1 The Council then proceeded to consider and discuss the proposals, after which member Dehn introduced the following resolution and moved its adoption: R192-95 RESOLUTION ACCEPTING PROPOSAL ON THE COMPETITIVE NEGOTIATED SALE OF $6,055,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1995D, PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR THE SECURITY THEREOF TAX INCREMENTS A. WHEREAS, the City Council of the City of Andover, Minnesota (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 on September 5, 1995 adopted a Modification of the development program (the "Program") with respect to the Development District; and B. WHEREAS, within the Development District the City has previously established 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 C. WHEREAS, the Council has on September 5, 1995 adopted a Modification of the tax increment financing plans for the Tax Increment District (collectively, the "Plan"); and D. WHEREAS, pursuant to the provisions of the Program and the Plan, funds are to be expended within the Development District to provide money to finance eligible project costs within the Tax Increment District, constituting capital and administration costs associated with various improvement projects (i.e., acquisition of property, road improvements, soil testing and land cleanup) of the Development District, as set forth in the Plan (hereinafter referred to as the "Project"); and E. WHEREAS, the City Council of the City has heretofore determined and declared that it is necessary and expedient to issue $6,055,000 General Obligation Tax Increment Bonds, Series 1995D of the City, pursuant to Minnesota Statutes, Chapters 469 and 475, to finance the Project; and F. WHEREAS, it is in the best interests of the City that the Bonds (as hereinafter defined) 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: 300484.1 2 1. Acceptance of Proposal. The proposal of Firstar Bank Milwaukee, N.A. (the "Purchaser"), to purchase $6,055,000 General Obligation Tax Increment Bonds, Series 1995D of the City (the "Bonds", or individually a "Bond"), in accordance with the terms of proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $5,964,175.00, 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, Series 1995D", shall be dated October 1, 1995, 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 February 1 in the years and amounts as follows: Year Amount Year Amount 1996 $ 75,000 2006 $425,000 1997 100,000 2007 450,000 1998 130,000 2008 475,000 1999 150,000 2009 500,000 2000 175,000 2010 525,000 2001 200,000 2011 575,000 2002-2003 225,000 2012 600,000 , 2004 250,000 20D 625,000 2005 350,000 All dates are inclusive. (b) Book Entrv Onlv Svstem. Midwest Securities Trust Company, a limited purpose trust company organized under the laws of the State of Illinois 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. 300484. 1 3 300484.1 (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by First Trust National Association (the "Bond Registrar") in the name of KRAY & 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, 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. 4 300484. 1 (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 Depository Letter Agreement to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Depository Letter Agreement, 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 "Depository Letter Agreement") . (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 Depository Letter Agreement. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of 5 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) Discontinuance termination of follows: Termination of Book-Entrv On Iv Svstem. of a particular Depository's services and the book-entry only system may be effected as (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 Mayor and City Clerk are authorized and directed to execute in the name of the City the Depository Letter Agreement 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 Mayor or Clerk of the City, such other officers of the City who may act in their 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 officials. The provisions in the Depository Letter Agreement 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 300484.1 6 this resolution, the provisions in the Depository Letter Agreement shall control. 3. Purpose. 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.~76, Subdivision 4, and shall not be expended on any costs or devoted to any other uses. 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, 1996, 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 1996 4.50% 2005 4.80% 1997 4.50 2006 4.80 1998 4.50 2007 4.90 1999 4.50 2008 5.10 2000 4.50 2009 5.20 . 2001 4.50 2010 5.30 2002 4.50 2011 5.40 2003 4.60 2012 5.50 2004 4.70 2013 5.60 5. Redemntion. All Bonds maturing in the years 2006 to 2013, both inclusive, shall be subject to redemption and prepayment at the option of the City on February 1, 2005, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. . 300484. 1 7 To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or 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 ~ontract the City and Bond Registrar shall execute which is cons~stent 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: 300484 .1 8 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER $ R- GENERAL OBLIGATION TAX INCREMENT BOND, SERIES 1995D INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP OCTOBER 1, 1995 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, 1996, 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 , in (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 "Bond- holder") 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 300484. 1 9 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 Depository Letter Agreement, 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. * 300484.1 10 Date of Registration: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. , Bond Registrar By Authorized Signature 300484.1 Registrable by: Payable at: CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA Isl Facsimile Mayor Isl Facsimile Clerk 11 ON REVERSE OF BOND Redemption. All Bonds of this issue (the "Bonds") maturing in the years 2006 to 2013, both inclusive, are subje'ct to redemption and prepayment at the option of the Issuer on February 1, 2005, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be .redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepay- ment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemp- tion shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemp- tion date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. 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 Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance: Pur?ose: General Obliqation. This Bond is one of an issue in the total principal amount of $6,055,000, 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 September 19, 1995 (the "Resolution"), for the purpose 300484. 1 12 of providing money to finance eligible project costs within Development District No.1, constituting capital and administration costs associated with various improvement projects (i.e., acquisition of property, road improvements, soil testing and land cleanup). This Bond is payable out of the General Obligation Tax Increment Bonds, Series 1995D 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: Exchanae: 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 uoon 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 Reaistered 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. 300484.1 13 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 TEN ENT JT TEN - - as tenants in common - as tenants by the entireties as joint tenants with right of and not as tenants in common as custodian for survivorship UTMA - (Minor) Uniform (Cust) under the (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 300484. 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.) 300484.1 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: DATE AMOUNT AUTHORIZED SIGNATURE OF HOLDER 300484. 1 16 8. Execution: TemDorarv Bonds. The Bonds 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 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 October 1, 1995. 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. 300484.1 17 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. 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. 300484.1 18 11. Riqhts Uoon Transfer or Exchanqe. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carryall the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Pavment: 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: Aoolication 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, Series 1995D 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 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 300484. 1 19 to be designated the "Capital Account" and "Debt Service Account", respectively. (i) Capital 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 $5,964,175. 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) all accrued interest received upon delivery of the Bonds; (b) all funds paid for the Bonds in excess of $5,964,175; (c) Tax Increments, in an amount sufficient, together with other sums herein pledged, to pay the annual principal and interest payments on the Bonds; (d) any collections of all taxes which may hereafter be levied in the event that the Tax Increments herein pledged to the payment of the principal and interest on the Bonds are insufficient therefore; (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. 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 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 300484.1 20 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. Tax Increments; Use of Tax Increments. The County Auditor of Anoka County has certified the original assessed value or net tax capacity value, as the case may be, of property in the Tax Increment District. The County Auditor shall determine in each year if the then-current assessed value 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 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 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. 18. 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 300484. 1 21 resolution 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. 105% Debt Service Coveraqe. The 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. 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. Comoliance 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") . 300484.1 22 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") i 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 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 18 months 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, but not 300484.1 23 more than three years after the date of the Reimbursement Expenditure. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 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 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 300484.1 24 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. 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. 24. 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. 25. Neqative 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 ~03 and 141 through 150 of the Code. The City agrees to modify its contract for Private Redevelopment by and between the City and Andover Limited Partnership to terminate Sections 6.2 Real Property Taxes, Section 6.3 Assessment Agreement and Section 6.5 Guaranty and terminate the Assessment Agreement. In addition, the City shall not enter into any future Development Agreements with respect to properties within the Tax Increment District that contain provisions relating to the payment of real estate taxes, guaranty of tax increment shortfalls or execution of Assessment Agreements or similar provisions that would impair the tax exempt status of the Bonds. 26. Tax-Exemot Status of the Bonds: Rebate: Elections. 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 (~) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield 300484. 1 25 greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States. If any elections are available now or hereafter with respect to arbitrage or rebate matters relating to the Bonds, the Mayor, Clerk and Treasurer or any of them, are hereby authorized and directed to make such elections as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 27. Desianation of Oualified Tax-Exemot Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b) (3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b) (3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c) (3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1995 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1995 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. 28. 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. 29. Headinas. Headings in this resolution are included for convenience of reference only and are not a part 300484. 1 26 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 Kunza and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: McKelvey, Kunza, Jacobson, Dehn and Knight and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. , 300484.1 27 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 competitive negotiated sale of, $6,055,000 General Obligation Tax Increment Bonds, Series 1995D of said City. WITNESS my hand this 19th day of September, 1995. (L;t;,~.J jg-/ Clerk 300484. 1 28 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R193-95 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF WCR LIQUORS, INC. TO OPERATE AN OFF-SALE LIQUOR STORE (G-WILL LIQUOR) LOCATED AT 139XX ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 1, ANDOVER CENTER SECOND ADDITION. WHEREAS, WCR Liquors, Inc. has requested a Special Use Permit for a liquor license to operate an off-sale liquor store (G-Will Liquor) located at 139xx Round Lake Boulevard NW, legally described above; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; 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 City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to approve the Special Use Permit request of WCR Liquors, Inc. for a liquor license to operate an off-sale liquor store located at 139xx Round Lake Boulevard NW, legally described above with the following conditions: 1. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, section 5.03(D). 2. The Special Use Permit shall be subject to annual review and site inspection. 3. The existing Special Use Permit on the property located at 14029 Round Lake Boulevard shall be revoked by the City Council. 4. The liquor license shall be transferred from 14029 Round Lake Boulevard to said new location per Ordinance No. 56, An Ordinance Licensing & Regulating the Sale and Consumption of Intoxicating Liquor. 5. The Special Use Permit will be effective upon the cancellation of the Special Use Permit at the present location, and that the organization be given 30 days to move the operation from the date of the Certificate of Occupancy issuance, and in no way will any liquor be sold simultaneously from both locations. Adopted by the City Council of the City of Andover on this 3rd day of October, 1995. CITY OF ANDOVER a. E. M~~~ en. E. McKe vey, Ma or ATTEST: i~. lid'/, V1ctorr; Vofk~City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R194-95 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF THE HOPE LUTHERAN CHURCH FOR THE CONSTRUCTION OF A CHURCH TO BE LOCATED AT 161XX ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOTS 1 & 2, BLOCK 2, TIMBER MEADOWS THIRD ADDITION. WHEREAS, The Hope Lutheran Church has requested a Special Use Permit to allow for the construction of a church located at 161xx Round Lake Boulevard NW, legally described as Lots 1 & 2, Block 2, Timber Meadows Third Addition; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 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; 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 the Hope Lutheran Church to construct a church on said 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 a one-year sunset clause as defined in Ordinance No.8, Section 5.03(D) unless a one year extension is granted by the Ci ty Council. 3. Any expansion of the existing plans must be through an Amended Special Use permit proceeding. 4. The two parcels or lots shall be replatted as one parcel or lot. 5. The distance from the liquor store does not have a significant impact on wether or not the church or any educational use can be there. Page Two Resolution Hope Lutheran Church October 3, 1995 6. The easements between the two lots shall be vacated per City Ordinances. Adopted by the City Council of the City of Andover on this 3rd day of October, 1995 CITY OF ANDOVER ATTEST: ~z,:_ /~~ V1ctoria Vo , City Clerk J. t. }n" /f"&~ va. E. McKelvey, May r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R195-95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CONTRACTOR PROPERTY DEVELOPERS CDMPANY TO ERECT AN AREA IDENTIFICATION SIGN ON LOT 8, BLOCK 3, FOXBERRY FARMS. WHEREAS, Contractor Property Developer Company has requested a Special Use Permit to erect an area identification sign (permanent monument) on the property described as Lot 8, Block 3, Foxberry Farms; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 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 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 Contractor property Developers Company to erect an area identification sign on said property with the following conditions: 1. The area for development is larger than five (5 a.) acres. 2. The maximum square footage of the sign is thirty-two (32 s.f.) square feet. 3. The sign shall be located ten (10') feet from any property line. 4. The Special Use Permit will be subject to annual review by Staff. 5. The applicant shall execute a written agreement with the city for the maintenance of the sign. 6. The applicant shall apply for and be granted a sign permit before the erection of the sign. Adopted by the City Council of the City of Andover on this 3rd day of October , 1995. ATTEST: ~Ub Victorla Volk, City Clerk CITY OF ANDOVER ;'E.t~/:!:Ver~r CITY Of' ANlJQVJ;;K COUNTY OF ANOKA STATE DF MINNESOTA RES. NO. 196-95 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 STREETS, FOR PROJECT NO. 94-6, HARTFIEL'S ESTATES 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 $ 425,949.58 and the expenses incurred or to be incurred in the making of such improvement amount to $ 288,784.27 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 714,733.85 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 deferred y the City is hereby declared to be $ 359,619.30 and the amount of the cost to be assessed against benefited property owners is declared to be $ 355,114.55 . 2. 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 1996, 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 pffice 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 3rd day of October ,19 95 , with Councilmembers Jacobson, Knight, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j. c. me-- i~ (;1. E. McKelvey - Mayor ~i1~ Victor1a volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 197-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 94-6 WHEREAS, by a resolution passed by the City Council on october 3 , 19~, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 94-6 ; and WHEREAS, the 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, MN: 1. A hearing shall be held the 17th day of October, 1995, in the City Hall at 7:00 P.M. 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 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 Dehn and adopted by the city Council at a regular Meeting this 3rd day of October , 19~, with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: g. ~ me- ~ 0 ., .~ .:v. E.' MCKelvey~r ~da Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 198-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION DECLARING COST ROLL FOR THE IMPROVEMENT OF STREETS ,FOR PROJECT NO. AND DIRECTING PREPARATION OF ASSESSMENT SANITARY SEWER, WATERMAIN, STORM SEWER AND 94-3 140TH LANE NW 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 $ 171,552.05 and the expenses incurred or to be incurred in the making of such improvement amount to $ 45,731.14 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 217,283.19 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 $ 171,774.51 and the amount of the cost to be assessed against benefited property owners is declared to be $ 45,508.68 2. 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 1996, 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 regular meeting this 3rd day of October , 19~, with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~. f. me- J(~ ~ E. McKelvey - Mayor ;L~ tUb V1ctorJ.a Volk - City Clerk CITY OF ANDOVER COUNTy OF ANOKA STATE OF MINNESOTA RES. NO. 199-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 94-3 WHEREAS, by a resolution passed by the City Council on October 3 , 19~, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 94-3 ; and WHEREAS, the 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, MN: 1. A hearing shall be held the 7th day of November, 1995, in the City Hall at 7:00 P.M. 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 "iven 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 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 Dehn and adopted by the City Council at a regular Meeting this 3rd day of October , 19~.~, with Councilmembers Jacobson, Knight, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: p. t ~c- ~1. ftp ~ E. MeKe vey - Mayor L~w Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 200-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION RECEIVING THE SUPPLEMENTAL FEASIBILITY REPORT OF STREETS, SANITARY SEWER, WATERMAIN, STORM DRAIN AND APPURTENANCE PROJECT NO. 94-33 IN THE COMMERCIAL BOULEVARD EXTENSION AREA. WHEREAS, a Feasibility Report was prepared by TKDA and accepted by the City Council on September 5, 1995 , Resolution No. 167-95 and the public hearing was held on September 5, 1995 ; and WHEREAS, a Supplemental Feasibility Report has been prepared by TKDA for the improvements; and WHEREAS, such supplemental report was received by the City Council for an estimated cost of $ 811,000.00 WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 811,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Supplemental Feasibility Report for Project No. 94-33 ,for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 811,000.00 MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 3rd day of October 19~, 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: {l (. h~~ ~. E. MCKelvey - M r ~;J~ victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 201-95 MOTION by Councilmember A RESDLUTION DECLARING COST ROLL FOR THE IMPROVEMENT OF FOR PROJECT NO. 93-10, Kunza to adopt the following: AND DIRECTING PREPARATION SANITARY SEWER, WATERMAIN SUPERAMERICA OF ASSESSMENT AND STORM SEWER, 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 $ 43,789.65, and the expenses incurred or to be incurred in the making of such improvement amount to $ 26,518.63 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 70,308.28 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 $ 29,147.96 and the amount of the cost to be assessed against benefited property owners is declared to be $ 41,160.32 2. 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 1996, 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 regular meeting this 3rd day of october ,19 95 , with Councilmembers Knight, Jacobson, MCKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~. t. me, <~ Jf E. McKelvey - May r ~d/b Victona volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 202-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 93-10 WHEREAS, by a resolution passed by the City Council on october 3 , 19 95 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 93-10 ; and WHEREAS, the 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, MN: 1. A hearing shall be held the 7th day of November, 1995, in the City Hall at 7:00 P.M. 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 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 Dehn and adopted by the City Council at a regular Meeting this 3rd day of October , 19~, with Councilmembers Jacobson, Knight, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~. t J7k<~ Jf E. MCKelvey - May r ~tdJ Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 203-95 MOTION by Councilmember A RESOLUTION DECLARING COST ROLL FOR THE IMPROVEMENT DF SUPERAMERICA Kunza to adopt the following: AND DIRECTING PREPARATION OF ASSESSMENT WATERMAIN , FOR PROJECT NO. 94-5, 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 $ 45,864.007, and the expenses incurred or to be incurred in the making of such improvement amount to $ 16,147.55 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 62,011.55 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 $ 55,851.55 and the amount of the cost to be assessed against benefited property owners is declared to be $ 6,160.00 2. 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 1996, 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 regular meeting this 3rd day of October ,19 95 , with Councilmembers Knight, Jacobson, MCKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (). r. (llr- ~h Jf E. McKe vey - May r ~~ Victoria Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 204-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 94-5 WHEREAS, by a resolution passed by the City Council on October 3 , 19~, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 94-5 ; and WHEREAS, the 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, MN: 1. A hearing shall be held the 7th day of November, 1995, in the City Hall at 7:00 P.M. 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 ~iven 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 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 Dehn and adopted by the City Council at a regular Meeting this 3rd day of October , 19~, with Councilmembers Jacobson, Knight, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (). r. /;1r~ ~~ Jt/'E. MCKelvey - Mayo /~~ Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 205-95 MOTION by Councilmember A RESOLUTION DECLARING COST ROLL FOR THE IMPROVEMENT OF , FOR PROJECT NO. 94-18, THE ELEMENTARY SCHOOL) THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Kunza to adopt the following: AND DIRECTING PREPARATION OF ASSESSMENT TRUNK SANITARY SEWER AND TRUNK WATERMAIN SECTION 22 (NEW SCHOOL AND EXPANSION OF WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ -0- , and the expenses incurred or to be incurred in the making of such improvement amount to $ 420,608.40 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 420,608.40 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- and the amount of the cost to be assessed against benefited property owners is declared to be $ 420,608.40 . 2. 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 1996, 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 w~thin 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 3rd day of October ,19 95 , with Councilmembers Jacobson, Knight, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: a. f. JJ/".Ie. f - . Jf- E. 'McKelVey~yor 4~'~J~ ~ Vic ona Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 206-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 94-18 WHEREAS, by a resolution passed by the City Council on October 3 , 19~, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 94-18 ; and WHEREAS, the 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, MN: 1. A hearing shall be held the 7th day of November 1995, in the City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and Qlace all persons owning property affected by such improvements wfll 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 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 Dehn and adopted by the City Council at a regular Meeting this 3rd day of october , 19~.~, with Councilmembers Jacobson, Knight, MCKelvey, Kunza, Dehn voting in favor of the resolution, and Couneilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J-'~' ({k~ J E. MeKe vey - Ma or Ih~ d& victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 207-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT 94-32, WELL #5. WHEREAS, the City of Andover has a contract for project 94-32 with E.H. Renner and Sons, Inc. of Elk River, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve Change Order No.1. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 3rd day of October , 19 95 ,with Councilmembers Jacobson, Knight, MCKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Q.;. /Jtc-~~ JI E. McKelvey - M or ~tUb VJ.ctona Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 208-95 MOTION by Councilmember Kunza to adopt the following: WORK INC. WELL AND DIRECTING FINAL PAYMENT TO FOR PROJECT NO. 94-32 FOR THE A RESOLUTION ACCEPTING E.H. RENNER AND SONS, IMPROVEMENT OF i5 . WHEREAS, pursuant to Andover on A~ril 4 Inc. of Elk Rlver, MN constructlon In accordance a written contract signed with the City , 19 95, E.H. Renner and Sons, has satisfactorily completed the with such contract. of 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 regular meeting this 3rd day of October , 19 95 ,with Councilmembers Jacobson, Knight, voting in favor of the resolution, voting against, McKelvey, Kunza, Dehn and Councilmembers none whereupon said resolution was passed. CITY OF ANDOVER ATTEST: . Jj 'E.t~//!rv~~or 11,,~ tftdLJ Victorla volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 209-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 93-7 , CITY HALL PARK COMPLEX #2 FOR PHASE III FENCING CONSTRUCTION. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3rd day of October ,19 95 NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council Andover to hereby direct the City Clerk to seek required by law, with such bids to be opened at Wednesday October 11 ,19 95 at Hall. of the City of public bids as 10:00 AM , the Andover City MOTION seconded by Councilmember adopted by the City Council at a Dehn and regular meeting this 3rd day of October , 19~, with Councilmembers Jacobson,Dehn voting in favor of the resolution McKelvey, Kunza, Knight and Councilmembers none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Q. f. ({f- AI~ Jb' E. McKe vey - Ma or ~. jv-Lb v1ctor~Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 210-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET, STORM SEWER AND APPURTENANCES PROJECT NO. 93-5 ,WINSLOW HILLS 3RD ADDITION. WHEREAS, pursuant to proper notice duly given as required by law, the 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. 2. 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, 1996 and shall bear interest at a rate of 7 percent per annum lrom the date of the adoption of this assessment resolution. 3. 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 Knight and adopted by the City Council at a regular meeting this 3rd day of October , 19~, with Councilmembers McKelvey. Knight, Kunza, Jacobson resolution, and Councilmembers voting in favor of the Dehn voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Q. {. me- j/p~ Jf E. MCKelvey - May ~!I~ Victor~a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R21l-95 A RESOLUTION APPROVING THE VARIANCE REQUEST OF KENT ALLEN TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A FIFTY (50') FOOT SETBACK FROM A MAJOR ARTERIAL TO ALLOW FOR THE CONSTRUCTION OF A 19' X 25' ADDITION ON A SINGLE FAMILY RESIDENCE THAT ENCROACHES 42.5 FEET INTO THE REQUIRED SETBACK ON THE PROPERTY LOCATED AT 12 - 177TH AVENUE NW, LEGALLY DESCRIBED BELOW. WHEREAS, Kent Allen has requested a variance to Ordinance No.8, Section 6.02 which requires a fifty (50') foot setback from a major arterial to allow for the construction of a 19' x25' addition on a single family residence that encroaches 42.5 feet into the required setback on the property located at 12 - 177th Avenue NW, legally described as follows: Unplatted. Grow Township. The East Half of the Northeast Quarter of the Southeast Quarter of Section 1, Township 32, Range 24, Anoka County, Minnesota. Subject to an easement for road purposes over the North 33 feet now and the West 33 feet if and when a road would be built, 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 WHEREAS, the Planning & 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 hereby approves the variance requested by Kent Allen to Ordinance No.8, Section 6.02 which requires a fifty (50') foot setback from a major arterial to allow for the construction of a 19' x 25' addition on a single family residence encroaching 42.5 feet into the required setback on the property located at 12 - 177th Avenue NW, legally described above. Adopted by the City Council of the City of Andover this 17th day of October, 1995. CITY OF ANDOVER ATTEST: 2. f. JJJu~ (/{J. E. McKe vey, ayor /{~ tf~ Victona Vol, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 212-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO BITUMINOUS CONSULTING AND CONTRACTING CO., INC./PATE BONDING CO. FOR PROJECT NO. 94-25 FOR THE IMPROVEMENT OF TRAILS, PARKING LOT, ETC. IN THE FOLLOWING AREA: KELSEY-ROUND LAKE PARK WHEREAS, pursuant to a written contract signed with the City of Andover on July 19 ,19~, Bituminous Consulting and Contracting Co., Inc. of Blaine, 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 Knight and adopted by the City Council at a regular meeting this 17th day of October , 19 95 ,with Councilmembers Jacobson, Dehn, McKelvey, Kunza, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: y t. /J1v %~ V<1. E. McKelvey - M or ~!db Victor1a Volk - City Clerk CITY OF ANDOVER CDUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 213-95 A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF ANDOVER CENTER 2ND ADDITION AS BEING DEVELOPED BY WILLIAM C. AND KAREN L. RADEMACHER IN SECTION 32, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised preliminary plat; and WHEREAS, Resolution No. 114-95 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised preliminary plat with a revision date of October 12, 1995. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised preliminary plat. Adopted by the City Council of the City of Andover this 17th day of October , 19~. CITY OF ANDOVER ATTEST: l'E~'M:ZrJ:-~r i;t;wd~ Victoria voh - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 214-95 A RESOLUTION APPROVING THE REVISED FINAL PLAT OF ANDOVER CENTER 2ND ADDITION AS BEING DEVELOPED BY WILLIAM C. AND KAREN L. RADEMACHER IN SECTION 32, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised final plat; and WHEREAS, the City Council approves of the revised final plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised final plat. Adopted by the city Council of the city of Andover this 17th day of October , 19 95. CITY OF ANDOVER ATTEST: 1:-' f. )J;v ~l~ . E. McKelvey - ayor 14 ;/~ V1ctona Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 215-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *1 TO PROJET NO. 95-10, HAWK RIDGE/COUNTRYVIEW ESTATES. WHEREAS, The City of Andover has a contract for project No. 95-10, Hawk Ridge/Countryview Estates with Bauerly Bros., Inc. of Sauk Rapids, MN . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the change order to project No. 95-10 and assign Verdin Acres under its owner Project, *95-22. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 17th day of October , 19~, with Councilmembers Jacobson, Dehn, Knight, MCKelvey, Kunza Councilmembers voting in favor of the resolution, and none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: d. f k-lif. PM ~.E. MCKelvey~~or ~~ Victoria Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 216-95 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, STREETS AND STORM SEWER , FOR PROJECT NO. 94-2, WOODLAND PONDS 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 $ 173,418.12, and the expenses incurred or to be incurred in the making of such improvement amount to $ 61,413.81 and work previously done amount to $ 50,045.16 so that the total cost of the improvement will be $ 284,877.09 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 $ 23,936.69 and the amount of the cost to be assessed against benefited property owners is declared to be $ 260,940.62 2. 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 1996, 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 Knight and adopted by the City Council at a regular meeting this 17th day of October , 19 95 , with Councilmembers Jacobson, McKelvey, Dehn, Kunza, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: L'E~'M}!t~l;~or ~/~ V1ctor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 217-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREETS AND STORM SEWER PROJECT NO. 94-2, WOODLAND PONDS 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 January, 1996 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 Knight and adopted by the City Council at a regular meeting this 17th day of october , 19~, with Councilmembers Jacobson, MCKelvey, Dehn, Kunza, Knight resolution, and Councilmembers voting in favor of the none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f' E (M~l!(!v:tyor ~tUb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 218-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #3 TO PROJECT NO. BUNKER LAKE BOULEVARD SERVICE ROAD - PHASE 2 . 93-3'0 WHEREAS, the City of Andover has a contract for project No. 93-30, Bunker Lake Boulevard Service Road - Phase 2 with Hydrocon, Inc. of North Branch, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to project No. 93-30. MOTION seconded by Councilmember Knight and adopted by the 17th day City Council at a regular meeting this of October , 19 95 ,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: yl. ~/0k ,f7.1. E. McKe vey - ayor ~.dtb vlctor~ Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 219-95 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 $53,329.76 exist as of September 27, 1995; 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 the City of Andover, MN: 1. The amount of the costs to be assessed against benefited property owners is declared to be $ 53,329.76 plus an administrative fee of 15%. 2. Assessment shall be payable in equal annual installments extending over a period of 1 year. The first of the installments to be payable on or before the first Monday in January 1996, 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 City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 17th day of October , 19 95 , with Counci1members Jacobson, MCKelvey, Dehn, Kunza, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ;/ [, ~c- ~~~ va. E. McKelvey - Ma or ~j$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 220-95 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 Ctiy 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, MN: 1. A hearing shall be held the 7th day of November,1995, in the City Hall at 8:01 P.M. 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 sssessment on such property, with no interest. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular Meeting this 17th day of October , 19~, with Councilmembers Knight, Jacobson, McKelvey, Kunza, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: y, f. 4/?,t ~ ~. E. MCKelvey - ayor V~tfZ t1?- City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 221-95 A RESOLUTION DESIGNATING JURAN & MOODY, 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. R003-95 designating which depositories may be used for investment purposes in 1995; and WHEREAS, the City desires to add Juran & Moody, Inc. to the list of supplemental depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that Juran & Moody, Inc. is designated as a supplemental depository for 1995. Adopted by the City Council of the City of Andover this 17th day of October ,1995. CITY OF ANDOVER Attest: ~~.~~c~lv~~or iJ~~ Vlctorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 222-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ORDERING THE PROJECT NO. 94-31 IN THE AND DIRECTING PREPARATION IMPROVEMENT OF DEMOLITION OF STRUCTURES, 1860 AND 64 BUNKER LAKE BOULEVARD NW AREA 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. 94-31 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 they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Knight and adopted by 17th day of the ~ity Council at a regular meeting this October , 19 95 ,with Councilmembers Jacobson, Dehn, McKelvey, Kunza, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1 f m&);,~ ~. E. McKelvey Mayor ~j~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 223-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING QUOTATIONS FOR PROJECT NO. 94-31, FOR DEMOLITION OF STRUCTURES (1860 AND 64 BUNKER LAKE BOULEVARD NW) WHEREAS, pursuant to Resolution No. 222-95, adopted by the City Council on the 17th day of October ,19 95 ,the City Engineer has prepared final plans and specifications for project 94-31 for demolition of structures (1860 and 64 Bunker Lake Boulevard NW; and WHEREAS, such final plans and specifications the City Council for their review on the 17th October , 19 95 were presented to day of NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final plans and Specifications MOTION seconded by Councilmember adopted by the City Council at a Knight and regular meeting this 17th day of October , 19~, with Councilmembers Dehn resolution and Councilmembers none voting in favor of the voting McKelvey, Jacobson, Knight, Kunza against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /E~ ::~1:0~or ,~~ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 224-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 93-7 FOR FENCING CONSTRUCTION IN THE AREA OF CITY HALL PARK COMPLEX *2 WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 209-95, dated October 3, 1995 , bids were received, opened and tabulated according to law with results as follows: Bid Schedule U Alternate Bid Town & Country Fence Fenc-Co, Inc. Mid Metro Const. of Fridley $26,591.62 $32,955.66 $34,680.00 $9,850.32 $11,800.88 $12,674.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Town & country Fence as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Town & Country Fence in the amount of $36,441.94 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 October regular meeting this 17th day of , 19~, with Councilmembers Jacobson, McKelvey. Dehn, Kunza, Knight the resolution, and Councilmembers voting in favor of none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mayor ~Ub Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 225-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO BERGMAN COMPANIES FOR PROJECT NO. 95-3 FOR THE IMPROVEMENT OF CRACKSEALING IN THE FOLLOWING AREA: CITY OF ANDOVER WHEREAS, pursuant to a written contract signed with the City of Andover on June 6 , 19 95, Berqman Companies of Eau Clalre, 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, taking the contractor's receipt in full. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 17th day of October , 19 95 ,with Councilmembers Jacobson, Dehn, Knight, McKelvey, Kunza and Councilmembers voting in favor of the resolution, none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: 0f)PD<~ ~. E. MCKelvey - ayor ~ ;}db victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 226-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 94-32 FOR WELL #5 (PHASE 2. - PUMPHOUSE CONSTRUCTION) CONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 171-95, dated September 19, 1995 , bids were received, opened and tabulated according to law with results as follows: Anderson Mechanical, Inc. Municipal Builder, Inc. Mills Concrete Restoration $177,457.00 $178,300.00 $198,250.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Anderson 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 Anderson Mechanical, Inc. in the amount of $177,457.00 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 October regular meeting this 17th day of , 19~, with Councilmembers Jacobson, Dehn, McKelvey, Kunza, Knight the resolution, and Councilmembers voting in favor of none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER j. f.l/;&~ ~. E. MCKelvey - ayor ATTEST: ~d Victoria vJ~ City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 227-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO W.B. MILLER, INC. FOR PROJECT NOS. 94-2 & 94-17 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS IN THE FOLLOWING AREA: WOODLAND PONDS 2ND ADDITION AND QUICKSTROM'S ADDITION WHEREAS, pursuant to a written contract signed with the City of Andover on September 20 , 19 94, W.B. Miller, Inc. of Ramser, MN has satisfactorily completed the construct1on 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 Knight and adopted by the City Council at a regular meeting this 17th day of October , 19 95 ,with Councilmembers Jacobson, MCKelvey. Dehn, Kunza, Knight voting in favor of the resolution, voting against, and Councilmembers none whereupon said resolution was passed. CITY OF ANDOVER ATTEST: y. f /llo li~ CJ. E. McKelvey - ayor L~ /Wb Vlctorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 228-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN PROJECT NO. 94-11, ANDOVER CENTER WHEREAS, pursuant to proper notice duly given as required by law, the 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. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1996 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 Knight and adopted by the City Council at a regular meeting this 17th day of October , 19~, with Councilmembers Jacobson, Dehn, voting in favor of the Kunza, Knight, McKelvey resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: t? f J?JL-J(~ vo. E. McKelvey - ayor ~u Victor~a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 229-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 94-21, 13920 CROSSTOWN DRIVE NW WHEREAS, pursuant to proper notice duly given as required by law, the 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. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 1996 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 Kunza and adopted by the City Council at a regular meeting this 17th day October , 19~, with Councilmembers MCKelvey, Dehn, voting in favor of the of Jacobson, Kunza, Knight resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: l t )1Jc_~ tf7.1. E. McKe vey Mayor lL~ 4~ V~ctor~a Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANDKA STATE OF MINNESOTA RES. NO. 230-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 94-27, 14268 WOODBINE STREET NW WHEREAS, pursuant to proper notice duly given as required by law, the 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. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 1996 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 reqular meeting this 17th day of October , 19~, with Councilmembers McKelvey, Dehn, voting in favor of the Jacobson, Knight, Kunza resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~'E(Mc~t;ef:-~r ~da Vlctorla Yolk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 231-95 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ADOPTING THE 94-29, 1519 ASSESSMENT ROLL FOR SANITARY SEWER - l48TH LANE NW THE IMPROVEMENT OF PROJECT NO. WHEREAS, pursuant to proper notice duly given as required by law, the 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. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 1996 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 17th day of October , 19~, with Councilmembers Jacobson, Dehn, voting in favor of the MCKelvey, Kunza, Knight resolution, ,and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. [. $v&~ /I' E. MCKelvey ayor ~~ Vlctoria Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 232-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ADOPTING THE PROJECT NO. 95-6, 3541 - 3543 - l36TH AVENUE NW ASSESSMENT ROLL WATERMAIN 135TH LANE NW, FOR THE IMPROVEMENT OF 3542 - 136TH AVENUE NW AND WHEREAS, pursuant to proper notice duly given as required by law, the 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. 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 1996 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 Kunza and adopted by the City Council at a regular meeting this 17th day of October , 19~, with Councilmembers McKelvey, Dehn, voting in favor of the Jacobson, Knight, Kunza resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: y t. ~vJ(~ ~. E. McKelvey - ayor ~/~ Victor~a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 233-95 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 95-19, 13748 ROUND LAKE BOULEVARD NW WHEREAS, pursuant to proper notice duly given as required by law, the 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~ 2. Such assessment shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 1996 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 17th day of October , 19~, with Councilmembers Jacobson, Dehn, Knight, McKelvey, Kunza resolution, and Councilmembers voting in favor of the none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: pi t. ~ ~~ j1J. E. McKe vey -. yor ~/Wb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 234-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION DECLARING ADEQUACY OF A FEASIBILITY REPORT FOR THE WATERMAIN , PROJECT NO. LANE NW AREA. OF PETITION IMPROVEMENT 95-25 AND OF , IN ORDERING PREPARATION SANITARY SEWER AND THE 1529 - 148TH WHEREAS, the City October 12, 1995 improvements; and Council has received a petition, dated , requesting the construction of 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 7th day of November , 19 95 ,with Councilmembers McKelvey, Knight, Dehn, Kunza, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: i:. r fflv )(~ . E. McKelvey - M or ~i/k Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 235-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT OF PROJECT 95-25 FOR SANITARY SEWER AND WATERMAIN IN THE FOLLOWING AREA OF 1529 - l4BTH LANE NW WHEREAS, the City Council did on the 7th day of November 19 95 , order the preparation of a feasibility study for the improvements; and I WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 7th day of November ,19 95 ; 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 $ 9,753.20 NOW, THEREFORE, BE IT RESOLVED by the Andover to hereby receive the feasibility total cost of improvements of $ 9,753.20 Hearing and order improvements. City Council of the City of report with an estimated , waive the Public MOTION seconded by Councilmember the City Council at a regular Kunza and adopted by Meeting this 7th day of November, 19~, with Councilmembers MCKelvey, Knight, Dehn, Kunza. Jacobson (absent) voting in favor of the resolution and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER t~d~ VIctoria Vo - City Clerk ~. r. Jnc.--\,~ ua. E. McKelvey - yor ATTEST: EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: November 7, ~995 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly called and held at the City Hall in said City on Tuesday, the 7th day of November, 1995, at o'clock .M. The following members were present: Knight, Kunza, Dehn, McKelvey and the following were absent: Jacobson Member Dehn resolution and moved its adoption: R236-95 RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS OF 1985 introduced the following A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), issued on behalf of the City, $300,000 General Obligation Improvement Bonds of ~985, dated February 1, ~985 (the "Bonds"), of which Bonds $125,000 still remain outstanding; and B. WHEREAS, all of the said Bonds maturing in the years ~996 to 2000, both inclusive, are subject to redemption and prepayment at the option of the City in inverse order, on February ~, ~995, and on any interest payment date thereafter at par and accrued interest, all as provided in the resolution of the City Council dated January 15, 1985 authorizing the issuance of said Bonds (the "Resolution"); and C. WHEREAS, the City Council deems it desirable and in the best interests of the City to call all of the Bonds maturing in the years 1997 to 2000, both inclusive, on February 1, ~996, the next interest payment date, in accordance with said Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 303991.1 1. Bonds to be Redeemed. All of the Bonds maturing in the years 1997 to 2000, both inclusive, shall be redeemed and prepaid on February 1, 1996 at par and accrued interest for each such Bond called. 2. Mailed Notice of Call. The City Clerk is hereby authorized and directed to give mailed notice of call prior to February 1, 1996, the date for call, to the bank where said Bonds are payable and to all registered holders of the Bonds. Said notice shall be in substantially the following form: 303991.1 2 NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS OF 1985 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, 1996 those outstanding bonds of the City designated as General Obligation Improvement Bonds of 1985, dated February 1, 1985, having stated maturity dates in the years 1997 through 2000, and totaling $100,000 in principal amount. The bonds are being called at a price of par plus accrued interest to February 1, 1996, 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 of Saint Paull, 180 East Fifth Street, 3rd Floor-Bond Drop Window, or if by mail, to P.O. Box 64111, Saint Paul, Minnesota 55164-0111, on or before February 1, 1996. Dated: November 7, 1995. BY ORDER OF THE CITY COUNCIL Isl Victoria 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. 303991.1 3 3. Deoosit of Sufficient Funds. The City Clerk is hereby authorized and directeq 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 was duly seconded by member Kunza being taken thereon, the following voted the foregoing resolution and upon a vote in favor thereof: Knight, Kunza, Dehn, McKelvey, Jacobson (absent) and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 303991.1 4 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 of 1985. WITNESS my hand as such City Clerk this 7th day of November, 1995. ~..i/b City Clerk 303991.1 5 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 237-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FOR PROJECT NO. 95-17 FOR THE IMPROVEMENT OF PAVEMENT MARKINGS IN THE FOLLOWING AREA: VARIOUS STREETS IN ANDOVER precision pavement Markin (PPM) of Minneapolis t e constructlon ln accordance to the NOW, THEREFORE, BE IT RESDLVED 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 Kunza and adopted by the City Council at a regular meeting this 7th day of November , 19 95 ,with Councilmembers MCKelvey, Knight, Dehn, Kunza, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: -I. f f7k ~~ ?G. E. McKelvey - ayor J/~t~ Vlctona Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 238-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER * 4 BUNKER LAKE BOULEVARD SERVICE ROAD TO PROJECT NO. 93-30 WHEREAS, the City of Andover has a contract for project No. 93-30, Bunker Lake Boulevard Service Road with Hydrocon, Inc. of North Branch, MN NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to project No. 93-30 . MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 7th day November , 19 95 ,with Councilmembers of McKelvey, Knight, Dehn, Kunza, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: .{/. {. h1,-,~ a. E. McKelvey - ayor i;t~ {(b VlctorJ.a Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 239-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO HYDROCON, INC. FOR PROJECT NO. 93-30 FOR THE IMPROVEMENT SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER FOLLOWING AREA: BUNKER LAKE BOULEVARD SERVICE ROAD PHASE 2 OF IN THE WHEREAS, pursuant to a written contract signed with the Andover on March 7 , 19 95, Hadrocon, of North Branch, MN has sat1sfactorily-complete the construction in accordance with such contract. City of Inc. 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 Kunza and adopted by the City Council at a regular meeting this 7th day of November , 19 95 ,with Councilmembers McKelvey, Knight, Dehn, Kunza, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: a ~ )r;v4 0 ~. ur.' E: MCKelv~Mayor ~~ V1ctorla Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 240-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 3 TO PROJECT NO. 94-10 (JONATHAN WOODS), 94-8 (FOXBERRY FARMS) AND 94-5 (SUPERAMERICA ADDITION WATERMAIN) WHEREAS, the City of Andover has a contract for project No. 94-10 (Jonathan Woods), 94-8 (Foxberr Farms) and 94-5 (Su erAmerICa A ItIon WatermaIn ,WIt S.R. WeI ema, Inc. 0 Brooklyn Center, MN NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-10, 94-8 and 94-5. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 7th day November , 19 95 ,with Councilmembers of MCKelvey, Knight, Dehn, Kunza, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: 1,/ M1?l:&hayor ~d# Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 241-95 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS PROJECT NO. 94-6, HARTFIEL'S ESTATES WHEREAS, pursuant to proper notice duly given as required by law, the 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. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1996 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. 4. The deferred assessments for sanitary sewer and water will carry no interest until hook up, and once assessed, it will be at 7 percent. MOTION seconded by Councilmember the City Council at a re~ular of November , 19~, with Kunza and adopted meeting this 7th Councilmembers MCKelvey, by day Knight, Dehn, Kunza, Jacobson (absent) voting in favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. voting CITY OF ANDOVER fl-/. M!!:;v1i~yor ATTEST: ~i/~ Victoria Volk - Clty Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 242-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM SEWER AND STREETS PROJECT NO. 94-3, 140TH LANE NW WHEREAS, pursuant to proper notice duly given as required by law, the 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. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1996 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 Kunza and adopted by the City Council at a regular meeting this 7th day of November , 19 95 , with Councilmembers McKelvey, Knight, Dehn, Kunza, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: p.r /J~K~yor (~djp Vlctona Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 243-95 MOTION by Councilmember Dehn to adopt the following: THE IMPROVEMENT OF PROJECT NO. 93-10, A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR SANITARY SEWER, WATERMAIN AND STORM SEWER SUPERAMERICA WHEREAS, pursuant to proper notice duly given as required by law, the 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. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1996 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 Knight and adopted by the City Council at a regular meeting this 7th day of November , 19~, with Councilmembers McKelvey, Dehn, Kunza, Knight, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fl. { t;.!u ,r~~ f. E. M Kelvey - ayor lL~ 14 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 244-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 94-5, SUPERAMERICA WHEREAS, pursuant to proper notice duly given as required by law, the 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. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1996 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 Kunza and adopted by the City Council at a regular meeting this 7th day of November , 19~, with Councilmembers MCKelvey, Dehn, Knight, Kunza, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~. { m~J(~ &a. E. McKelvey - yor LLw d# Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 245-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF TRUNK SANITARY SEWER AND TRUNK WATERMAIN PROJECT NO. 94- 18, SECTION 22 WHEREAS, pursuant to proper notice duly given as required by law, the 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. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1996 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 7th day of November , 19~, with Councilmembers McKelvey, Dehn, Knight, Kunza, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I: 'E~'McJ;[!~~~or (u~ tle4 Vlctona Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 246-95 MOTION by Councilmember Knight to adopt the following: 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 for the delinquent sewer, water, and/or street lighting service charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 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. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January 1996 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 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 resolution. MOTION seconded by Councilmember Dehn and adopted by the City Council of the City of Andover this 7th day of November, 1995. CITY OF ANDOVER Attest: t-~~/:f{;ef~or tf;;t,~~ itI= Vlctorla Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R247-95 A RESOLUTION APPROVING THE VARIANCE REQUEST OF JAMES MARTENSEN TO ORDINANCE NO.8, SECTION 4.03, NON-CONFORMING USES OR STRUCTURES TO ALLOW FOR THE CONSTRUCTION OF A 14' X 36' ADDITION AND A 24' X 26' GARAGE ADDITION ON A LAWFULLY EXISTING NON-CONFORMING SINGLE FAMILY RESIDENCE ON THE PROPERTY LOCATED AT 14905 CROSSTOWN BOULEVARD NW, LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A. WHEREAS, James Martensen has requested a variance to allow for the construction of a 14' x 36' addition and a 24' x 26' garage addition on a lawfully existing non-conforming single family residence on the property located at 14905 Crosstown Boulevard NW, legally described on the attached Exhibit A. 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 WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request is consistent with the Comprehensive Plan. WHEREAS, the Planning & 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 hereby approves the variance requested by James Martensen to Ordinance No.8, Section 4.03 to allow for the construction of a 14' x 36' addition and a 24' x 26' garage addition on a lawfully existing non-conforming single family residence on the property located at 14905 Crosstown Boulevard NW, legally described on the attached Exhibit A. Adopted by the City Council of the City of Andover this 7th day of November, 1995. CITY OF ANDOVER ATTEST: J.;. /!{,;L~yor i~~ d,.a o/~ctor~a volk, City Clerk < ( EXtu.D.LT A LEGAL DESCIUPTION OF 14905 CROSSTOWN BLVD. Tbat part of the Southwest Quarter of the Southeast Quarter of Section 12, Towaship 32, lb. 24, that is described as follows: CommeaemK at the Southwest col1ler of the said Southwest Quarter of Southeast Quarter aDd proceediDa thellCC North OD the Wat Uae thereoffor a distaDce of 115 feet; aDd pror"l..C theace East aad pal'llUel to the South line thereof for a distance of 110 feet; aud proccediag theDce South and panllel to the West line thereof to the South line of the said Southwest Quarter of Southeast Quarter aad proceediaC theDce Wat OD the South Uae to the ,oiat of commeacemeat, ADou Co_ty, M"IDDesota # Except Roads. Subject to Easem~ of ReCord. ( --...... ....... .......~........... ......, COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 248-95 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF NIGHTINGALE RIDGE AS BEING DEVELOPED BY NORTH SUBURBAN DEVELOPMENT LOCATED IN SECTION 15, 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 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 2, Lots 1 & 2; Block 3, Lot 1. 2. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 3. 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. 4. Park dedication as recommended by the Park and Recreation Commission. 5. Require Outlot A be combined with the Julsrud/Heidelberger property or combine with Block 3, Lot 1 prior to final plat being recorded. 6. The developers (North Suburban Development) of the plat obtain the deed from Family of Christ Lutheran Church for the necessary drainage and utility easement which will need to be recorded prior to recording of the Final Plat. 7. The easement for the driveway across the plat be vacated or be blacktopped. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Nightingale Ridge Adopted by the City Council of the City of Andover this 7th day of November, 19 95. CITY OF ANDOVER ATTEST: t. ~cK~~;~r d,4-v ~ V~ctor~a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 249-95 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 3 TO PROJECT NO. 94-9 (FOX WOODS), 94-6 (HARTFIEL'S ESTATES), 94-7 (SHARON'S 2ND ADDITION), POND "c" AND 93-30 (BUNKER LAKE BOULEVARD SERVICE ROAD WHEREAS, the City of Andover has a contract for Project No. 94-9 (Fox Woods), 94-6 (Hartfiel's Estates), 94-7 (Sharon's 2nd Addition), Pond "c" and 93-30 (Bunker Lake Boulevard Service Road with S.R. Weidema, Inc. of Brooklyn Center, MN NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-9, 94-6, 94-7, Pond "c" and 93-30 MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 7th day of November , 19 95 , with Counci1members McKelvey, Kunza, Dehn, Knight, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: j).{ )n(/~ fO. E. MCKelvey - ayor i~~ j~ V~ctoria Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 250-95 MOTION by Councilmember Dehn to adopt the following: TO PROJECT NO. 94-22 A RESOLUTION APPROVING CHANGE ORDER # 3 CROWN POINTE EAST . WHEREAS, the City of Andover 94-22, Crown pointe East, with Shoreview, MN has a contract for Project No. C.W. Houle, Inc. of 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 Councilmember Kunza and adopted by the City Council at a regular meeting this 7th day of November , 19 95 , with Councilmembers MCKelvey, Knight, Kunza, Dehn, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: l'E.t. M~~V~YOr (iL::~/ ~ V~ctoria Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 251-95 MOTION by Councilmember Kunza to adopt the following: TO PROJECT NO. 93-12 A RESOLUTION APPROVING CHANGE ORDER # 7 HILLS OF BUNKER LAKE 5TH ADDITION . WHEREAS, the City of Andover has a contract for Project No. 93-12, Hills of Bunker Lake 5th Addition, with C.W. Houle, I~ 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 Councilmember Dehn and adopted by the City Council at a regular meeting this 7th day of November , 19 95 , with Councilmembers McKelvey, Knight, Dehn, Kunza, Jacobson (absent) voting in favor of the resolution, and councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ). f. /;fv~~ . E. McKelvey Mayor (u~ Ifrlb V~ctona Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 252-95 MOTION by Counci1member Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO SUNDMAN PAVING AND SEALCOATING, INC. FOR PROJECT NO. 95-13 FOR THE IMPROVEMENT OF PARK TRAILS IN THE FOLLOWING AREA: HIDDEN CREEK EAST, HIDDEN CREEK NORTH AND BUNKER HILLS WEST WHEREAS, pursuant to a written contract signed with the City of Andover on August 15 , 19 95, Sundman paving and Sealcoating, Inc. of Maple Grove, MN -nas 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 Knight and adopted by the City Council at a regular meeting this 21st day of November , 19 95 , with Councilmembers McKelvey, Kunza, Dehn, Knight, Jacobson voting in favor of the reso1uticn, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: /.- f M?f~~~or dJ~u V~ctor~a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 252A-95 RESOLUTION ELECTING NOT TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1996 WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota Laws Chapter 255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121: and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the livable Communities Demonstration Account and the Local Housing Incentives Account, is intended to provide certain funding and assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that re consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, by June 30,1996, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals; and WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the negotiated affordable and life-cycle housing goals for each municipality by January 15, 1996; and WHEREAS, the metropolitan area municipality which elects to participate in Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1996, a metropolitan area municipality can participate under Minnesota Statutes section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15,1995; (b) the Metropolitan Council and the municipality successfully negotiate affordable and life-cycle housing goals for the municipality; and (c) by January 15,1996 the Metropolitan Council adopts by resolution the negotiated affordable and Iife-cycle housing goals for each municipality; WHEREAS, Andover recognizes the Metropolitan Council working under a legislative deadline divides and implementation plan that divided the region by sectors rather than by taking a regional approach for the Livable Communities Act; and WHEREAS, there has been minimal input from Andover and the other stakeholders on the Metropolitan Council's implementation plan for tlie act; and WHEREAS, the City of Andover has serious concerns about the equity of the sector housing goals; and WHEREAS, the City of Andover has serious concerns that certain affordability and density goals cannot be accomplished without significant public subsidies; and WHEREAS, there has been minimal input from Andover and the other stakeholders on the Metropolitan Council's implementation plan for the act; and WHEREAS, the City of Andover has serious concerns that density targets do not address the degree of environmental sensitive areas within the Andover community; and WHEREAS, that the City of Andover has serious concerns that the time'ine for completion of the Livable Communities target actions is an inappropriate constrained, such that adequate planning can not occur. NOW, THEREFORE, BE IT RESOLVED THAT the City of Andover hereby elects not to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 1996. Adopted by the City Council of the City of Andover this 17th day of November , 19 95 on a 3-2 vote. Voting yes are Don Jacobson, Bonnie Dehn and John Kunza. Voting no are Jack McKelvey and Mike Knight. CITY OF ANDOVER ~/d! a. f );f~ J.(' J~';J ;. E. McKelvey - Mayor ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 253-95 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF THE ANOKA HENNEPIN INDEPENDENT SCHOOL DISTRICT NO. 11 TO INSTALL A 10,000 GALLON UNDERGROUND STORAGE TANK FOR THE BULK STORAGE OF LIQUID FUEL (FUEL OIL) ON THE PROPERTY LOCATED AT 15400 HANSON BOULEVARD NW, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, the Anoka Hennepin Independent School District No. 11 has requested a Special Use Permit to install a 10,000 gallon underground storage tank for the bulk storage of liquid fuel (fuel oil) on the property located at 15400 Hanson Boulevard NW, legally described on the attached Exhibit A. WHEREAS, the planning & Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Section 5.03 and 4.26; 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 & Zoning Commission to allow for the installation of a 10,000 gallon underground storage tank for the bulk storage of liquid fuel (fuel oil) on said property with the following conditions: 1. The applicant shall provide to the City, in writing, proof that the tank meets all State requirements and installation regulations. 2. The Wellhead Protection plan to be adopted by the City of Andover be considered. 3. The Andover Fire Marshal shall inspect the tank and the installation. 4. The Special Use permit will be subject to a one (1) year sunset clause as defined in Ordinance No.8, Section 5.03{D). 5. The Special Use Permit will be subject to annual review. <. Adopted by the City Council of the City of Andover on this 5th day of December, 1995 ATT,ST: ,~d:$ Victor~a Volk, City Clerk CITY OF ANDOVER J. I. /lJv~ . E. McKe vey Mayor I EXHIBIT A That part of the South Half of the Northeast Quarter of S~ction 22. Township 32, Range 24, Anoka County. Minnesota, descnbed 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; ihence North 0 degrees 21 minutes 20 seconds East, parallel with the east line of said Northeast Quart~r, 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 corner 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 of beginning; thence North 0 degrees 21 minutes 00 seconds East, parallel with said east line of the Northeast Quarter, 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 record, if any. 'C / CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES NO. 254-95 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO COMPLETE THE NECESSARY FORMS TO RECONVEY TO THE STATE OF MINNESOTA A PARCEL OF LAND ACQUIRED BY THE CITY OF ANDOVER FOR PUBLIC PURPOSES AND TO REPURCHASE THE PROPERTY FOR PRIVATE SALE BY THE CITY. WHEREAS, the City of Andover acquired a tax forfeit parcel of property described as Lot 1, Block 1, Hartfiel's Estates on October 12, 1984; and WHEREAS, the purpose of the purchase of the parcel was for ponding until such time as the city installed a storm sewer system; and c WHEREAS, the city has constructed said storm sewer system and has no further need of the parcel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to authorize the Mayor and City Clerk to complete the necessary forms to reconvey Lot 1, Block 1, Hartfiel's Estates to the State of Minnesota. BE IT FURTHER RESOLVED that the City Council of the City of Andover authorizes the Mayor and City Clerk to complete the forms necessary to purchase the parcel for private sale by the city after it has been reconveyed to the State. Adopted by the City Council of the City of Andover this 5th day of December , 1995. CITY OF ANDOVER Attest: J~. ~c!!!v~/(~ ~j~ Victoria Volk - City Clerk ( / , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 255-95 A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER CONSTRUCTION OF WITTINGTON RIDGE AS BEING DEVELOPED BY ASHFORD DEVELOPMENT. WHEREAS, the developer has completed the streets and storm sewer of Wittington Ridge. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the final street construction of Wittington Ridge 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 5th day of December ,19 95. CITY OF ANDOVER ATTEST: J.t. mc-~J~ tif.E. McKelvey - Mayor L~ jo/b Victoria Volk - City Clerk '- v.L.L.L vx ftl"UUV ~l'{ OUNTY OF ANOKA S~ATE OF MINNESOTA RES. NO. 256-95 WHEREAS, on December 12, 1995, the County Board of the County of Anoka, intends to adopt a resolution revising the designation of Coun~ State Aid Highway Numbers 7, 16, 78 and 116 within the corporate limits of the City of Andover as follows: 1) That County Road 116 (Bunker Lake Boulevard) from Crooked Lake Boulevard (Old County State Aid Highway 18) to County State Aid Highway 17 (Lexington Avenue NE) be designated as County State Aid Highway 116. The length of this segment is 8.755 miles. That Anoka County revoke the designation of County State Aid Highway 16 (Andover Boulevard NW /NE) from County State Aid Highway 78 (Hanson Boulevard) to 111 65 with said revocation 3564 miles in length. That County Road 116 (Bunker Lake Boulevard/Industry Ave. NW) from County State Aid Highway 9 (Round Lake Boulevard) to County Road 57 (Sunfish Lake Boulevard) be designated as County State Aid Highway 116. This segment is 4.136 miles in length. The Anoka County Board designates County Road 7 (Rum River Boulevard) from County State Aid Highway 27 to County State Aid Highway 22 (Viking Blvd.) as County State Aid Highway 7. This segment is 2.289 miles in length. The Anoka County Board revokes the County State Aid Highway designation on County State Aid Highway 27 (179th Lane NW) from 111 47 to County State Aid Highway 7 (Rum River Blvd.). This route is re-designated as County Road 27. This revocation is 1.374 miles in length. The County Board designates County Road 78 (Hanson Blvd.) from County State Aid Highway 20 (161st Avenue NW /Constance Blvd.) to County State Aid Highway 22 (Viking Blvd.) as County State Aid Highway 78. This is a 4.000 mile increase in the Anoka County State Aid Highway System. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, that said revision of the Anoka County State Aid Highway System is in all things approved. 1a) 2) 3) 3a) 4) ADOP1ED ATrEST: December 5 ,1995. ~. r!. }JJCJI\~ f Mayor ~/~ CIty Clerk \ CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution duly passed, December 5 ,1995. adopted and approved by the City Council of said City on CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 257-95 MOTION by Councilmember Kunza to adopt the following: : A RESOLUTION APPROVING CHANGE ORDER # 1 TO PROJECT NO. 93-7 , CITY HALL PARK COMPLEX #21IRRIGATION . WHEREAS, the City of Andover has a contract for Project No. 93-7 , City Hall Park Complex #2 with Mickman Brothers. Inc. of Ham Lake. 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 Council member Dehn and adopted by the City Council at a recular meeting this 5th day of December. 19 95, with ( Councilmembers Jacobson, McKelvey, Knight, Dehn, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: g. t. M~~ Q:E. McKelvey - May ~da Victoria Volk - City Clerk ( (" CllY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 258-95 MOTION by Councilmember Kunza to adopt the following: _ A RESOLUTION APPROVING CHANGE ORDER # 1 TO PROJECT NO. 93-7 , CllY HALL PARK COMPLEX #21FENCING . WHEREAS, the City of Andover has a contract for Project No. 93-7, Citv Hall Park Comolex #2 with Town and Country Fence of Brooklvn Park. 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 Council member Dehn and adopted by the ( City Council at a reoular meeting this 5th day of December, 1995, with Council members Jacobson, McKelvey, Knight, Dehn, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~. f. /7;v x.~ .E. McKelvey - Mayor L~ !f~ Victoria Volk - City Clerk <- / , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 259-95 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF DEVONSHIRE ESTATES AS BEING DEVELOPED BY DAVE HARRIS LOCATED IN SECTION 24, TOWNSHIP 32, RANGE 24, ANOKA CO.UNTY. 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 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. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Devonshire Estates Adopted by the City Council of the City of Andover this 5th day of December, 19 95. CITY OF ANDOVER ATTEST: d. f. 4Jc-~~ aE. McKelvey - Mayor t. dk~/$ Victoria Volk - City Clerk ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R260-95 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF KENNETH BORCHARDT AND ALEXANDER RALSTON TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Kenneth Borchardt and Alexander Ralston have requested a lot split to create two (2) lots on the ~roperty located at 14220 Crosstwon Boulevard 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. 40; and c' 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 no opposition to said 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 to allow the lot split on said property with the following conditions: 1. That the applicant pay park dedication fees pursuant to Ordinance No. 10, Section 9.07.10. 2. That the lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III{E). Adopted by the City Council of the City of Andover on this 19th day of December , 1995. CITY OF ANDOVER ATTEST JtMJ~ . E. McKe vey, ayor (/~~ V~ctor~a volk, City Clerk (, ( EXHIBIT A LEGAL DESCRIPTION That part of the West Half of the Southwest Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at the southwest corner of sai4 West Half of the Southwest Quarter, thence on an assumed bearing of east along the south line thereof 142;05 feet to the centerline of CSAH No. 18, thence north 35 degrees, 17 minutes, 00 seconds east along said centerline 40.65 feet, thence northeasterly 598.56 feet along said centerline and along a tangential curve concave to the southeast having a radius of 3523.43 feet and a central angle of 9 degrees 44 minutes 00 seconds, thence North 45 degrees 01 minutes 00 seconds east tangent to said curve and along the centerline 130.00 feet to the point of beginning of the land to be described, thence continuing North 45 degrees 01 minutes 00 seconds east along the centerline 200.00 feet, thence northwesterly at right angle 200.00 feet, thence southwesterly at right angle 200.00 feet, thence southeasterly at right angle 200.00 feet to the point of beginning; except roads, subject to easements of record. ( ( , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 261-95 A RESOLUTION APPROVING THE CITY OF ANDOVER RIGHT-OF-WAY PLAT NO.4 LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Engineer has reviewed the right-of-way plat; and WHEREAS, by approving the right-of-way plat this will allow the City Council to use the descriptions for acquiring the necessary right-of-way to construct the future Commerical Boulevard NW. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Right-Of-Way Plat NO.4. Adopted by the City Council of the City of Andover this 19th day of December ,19 95 . r. \: '. CITY OF ANDOVER ATTEST: 1. E. lJ.?CJ ~~ {d.E. McKelvey - Mayor L~ tiLL- Victoria Volk - City Clerk ( ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.R 262-'95 A RESOLUTION ESTABLISHING 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 establishing the 1996 Levy; ( NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby establishes the 1996 General Fund Budget as submitted, with revenues and expenditures each totaling $3,884,128. Adopted by the City Council of the City of IAndover on this 19th day of December, 1995. ATTEST: '1~ d6'-!'L Victoria V olk, City Clerk CITY OF ANDOVER . {, 17;c ~ .E. McKelvey, Mayor " ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R-2 6 3-95 A RESOLUTION ESTABLISHING THE 1996 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 RESOLVE~: The total non-bonded indebtedness levy is hereby set at $2,158,738. Of this levy, $2,158,738 is of general purposes and is levied against ail taxable property within the City of Andover. The remaining $13,395 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 $448,689 to fund the following indebtedness: 1993 Certificate of Indebtedness 1994 Certificate ofIndebtedness 1995 Certificate ofIndebtedness 1991 Fire Station Bonds $ 30,131 25,668 50,733 342 157 ( Total $448.689 THE CITY COUNCIL OF THE CITY OF ANDOVER FURTHER RESOLVES that the scheduled levy of $24,429 for the FHA/G.O. Improvement Bonds of 1977 is hereby canceled for 1996. Adopted by the City Council of the City of Andover on this 19th clay of December, 1995. AITEST: CITY OF ANDOVER ~. t );;r~~~ .E. McKelvey, Mayor 1~1f~ Victoria Volk, City Clerk " CITY OF ANDOVER ( '" GENERAL FUND BUDGET SUMMARY AMENDED PROPOSED 1995 1996 REVENUES General Property Taxes $1,829,352 $2,200,924 Licenses and Permits 369,205 343,820 Fines and Forfeitures 37,000 37,000 Intergovernmental Revenue 761,193 759,484 Charges for Services 275,200 354,500 Miscellaneous 138,060 117,400 Transfers 71.000 71.000 TOTAL $3.481.010 $3.884.128 C EXPENDITURES General Government $ 952,835 $1,058,687 Public Safety 1,073,928 1,236,076 Public Works 872,472 1,022,692 Other 581.775 566.673 TOTAL $3.481.010 $3.884.128 ( ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES.NO.R- 264-95 RESOLUTION ADOPTING THE 1996 LOWER RUM RIVER WATER MANAGEMENT ORGANIZATION BUDGET. WHEREAS, the preparation and adoption of operating budgets is recognized a sound financial practice; and . WHEREAS, the Andover City Council has the responsibility to appropriately and efficiently manage the funds of the City; NOW, THEREFORE, BE IT RESOLVED that the Andover City Council hereby establishes the 1996 Lower Rum River Water Management Organization budget as submitted in the amount of $16,965. Adopted by the Andover City Council on this 19th day of December, 1995. c . .t. Pt ATIEST: 'L~~ aLL Victoria V olk, City Clerk l. ( \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R2 615-95 RESOLUTION EST ABLISHlNG THE 1996 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; and WHEREAS, the Central Equipment Fund is primarily supported by internal user fees charges to operating departments of the City; and WHEREAS, the Permanent Improvement Revolving Fund was established to provide for the acquisition of equipment of fmancing 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 planing and monitoring financial condition; and c NOW, THEREFORE BE IT RESOLVED that the City Council of City of Andover hereby establishes the 1996 budgets for the Water Fund, Sewer Fund, Permanent Improvement Revolving Fund and the Central Equipment Fund. ATTEST: ~tUb Victoria V olk, City Clerk CITY OF ANDOVER f). . [. m~ hbt C1.E. McKelvey, May c CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 266-95 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF ROLLING MEADOWS ESTATES AS BEING DEVELOPED BY TSM DEVELOPMENT. INC. LOCATED IN SECTION 12, TOWNSHIP 32, RANGE 25, 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 contingent upon the following: 1. A variance from Ordinance 10, Section 9.05 for 171st 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 Lots 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 line of the preliminary plat. 5. Meeting the requirements of the Water Resource Management Plan and approval by the City Engineer. 6. Street plan and profile of streets and storm sewers be submitted, reviewed and approved by the City Engineer. 7. The developer is responsible to obtain all necessary permits from the Lower Rum River WMO, DNR, U.S. Army Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 8. 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 Rollino Meadows Estates. Adopted by the City Council of the City of Andover this 19th day of December ,19 95. CITY OF ANDOVER ATTEST: fj, { >>70 ~~ gtE. McKelvey - ayor ~i/L Victoria Volk - City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. R267_95 A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF ALMA CASTRO TO ALLOW FOR THE OPERATION OF A HOME OCCUPATION (STORE. EQUIPMENT AND GOODS FOR OVERSEAS SHIPMENT) IN AN ACCESSORY STRUCTURE ON THE PROPERTY LOCATED AT 2648 SOUTH COON CREEK DRIVE, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Alma Castro has requested a Special..use Permit to allow for the operation of a home occupation (store equipment and goods for overseas shipment) in an accessory structure on the property located at 2648 South Coon Creek Drive, legally described on the attached Exhibit A; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance 8, Sections 4.30, 5.03 and 7.03; and c: WHEREAS, the Planning and zoning Commission finds the proposed use will be detrimental to the health, safety and general welfare of the occupants of the surrounding lands. WHEREAS, the Planning and zoning Commission finds the proposed use is not in harmony with the Comprehensive Plan; and WHEREAS, a public hearing was held and there was opposition regarding said request; and WHEREAS, the planning and Zoning Commission recommends to the City Council denial 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 and denies the request to operate a home occupation in an accessory structure on said property. Adopted by the City Council of the City of Andover on this 19th day of December, 1995. CITY OF ANDOVER ATTEST: J' t )t;vJ(~ . E. McKelvey, ayor U~d~ . V~ctoria Vo , City Clerk \. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ,. RES. NO. R- 268-9 5 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 TRR PERMIT FEES 1. Service/Connection 2. Tapping Main 3. DisconnectionlReconnection Requests 4. HV AC 5. Underground Sprinklers 6. Re-inspection (all) SECTION 2. SERVICE CHARGES ( 1. Testing Oto 6"rneters 2. Violation Penalties Shut-off (7:00 AM - 3:00 PM) Shut-off (after hours) SECTION 3. WATER METER CHARGES 1. 5/8" Meter 2. 1" Meter 3. 1 112" Meter 4. 2" Meter 5. 3" Meter 6. Special Sizes SECTION 4. UNIT CONNECTION CHARGES 1. Residential 2. Non-Residential, per REC SECTION 5. WATER AREA CHARGES (. 1. Residential and Commercial REF. ORDINANCE 55 $50.00 30.00 20.00 15.00 15.00 25.00 Section 21 and 22 Section 9 Section 12 Section 20 Cost plus 15% 20.00 50.00 $125.00 265.00 452.00 618.00 796.00 Cost plus 10% handling $1,225.00 per unit 610.00 per unit or $6,100.00 whichever'is higher $1,130.00 per acre SECTION 6. WATER USAGE R,... fES / 1. Billed Quarterly 2. Minimum per quarter 3. Penalty/Late payment $6.30 +1.01/1000 Gal. 8.30 10% SECTION 7. EFFECTIVE DATE The rate charges as shown shall be effective January 1, 1996. Adopted by the City Council of the City of Andover this 19th day of December, 1995. AITEST: CITY OF ANDOVER )1. [~u%~'r ?J.E. McKelvey, Mayo ,~ !f;/b Victoria Volk, City Clerk c ( /. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R- 269-95 A RESOLUTION ESTABLISHING PERMIT FEES AND SERVICE CHARGES TO BY COLLECTED BY THE CITY OF ANDOVER AND AMENDING RESOLUTION NO. 307-94 SETTING FORTH SUCH FEES. The City Council of the City of Andover hereby resolves: The following pennit feeS and service charges are hereby established for the 1996. ( TYPE OF PERMIT Certificate of Occupancy Plan Check/Residential Heating Installations Air Conditioning Installations Plumbing (per opening) (minimum fee) On-Site Septic System Installation Sanitary Sewer Installation Septic System Pumping Water Installation (public) Agricultural Building Footing to Grade Health Authority Certification Escrow Inspection Fee Building Reinspection Fee Grading Inspection Fee EEE $ 4.00 65% of permit fee 25.00 15.00 8.00 15.00 35.00 25.00 3.00 50.00 5.00 15.00 5.00 25.00 42.00 50.00 The permit fee schedule for the Building Department for 1996 shall be as follows: 1. 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. Pennit fee shall be based on the 1994 Unifonn 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 19th day of December 1995. d"~J--/ d~ Victoria V olk, City Clerk CITY OF ANDOVER J. {. Pk !(~ . a.E. McKelvey, Mayor ATTEST: I,. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES.NO.R- 270-95 A RESOLUTION ESTABLlSIDNG SERVICE CHARGES TO BE COLLECTED IN 1996; The City Council of the City of Andover hereby resolves: The following service charges are hereby established for the year 1996. '. SERVICE CHARGE ( Well and Septic Locate Special Assessment Searches City Maps Zoning Maps Copies (per sheet) Up to 81/2 X14 Oversize 18"X24" 24"X36" Larger sizes Copies of surveys Up to 11" X17" Requested by owner Ordinance 8 Ordinance 10 All other ordinances Notary Bad check fee Topographical Maps Approval of Deeds Abstract property Torrens property Maintenance Cost Recovery Research by Staff Administrative Fee $30.00 per hour 12.00 2.00 3.50 .25 .50 2.50 3.00 6.00 5.00 1.00 25.00 5.00 1.00 3.00 25.00 11. 00 per acre 25.00 40.00 Union scale + 25% 25.00 per hour (min. 13.00) 25% of total labor charge Adopted by the City Council of the City of Andover this 19th day of December, 1995. CITY OF ANDOVER ATTEST: \ L~~ / ;/A~ Victoria V olk, City Clerk ; CITY OF ANDOVER COUNTY OF ANOKA STATE OF M;INNESOTA RES. NO. R- 27 1-95 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 he~eby established for the year 1996. TYPE OF FEE EEE ORDINANCE Moving of Buildings Up to 350 Square Feet $ 15.00 4 351 to 600 Square Feet 25.00 601 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 C Torrens Property 34.50 Special Use Permit 8 Commercial 190.00 Residential 150.00 Amended Special Use Permit 50.00 Recording Fee/Special Use Abstract Property 25.00 Torrens Property 34.50 Variances 8 Single Family 75.00 Other Requests 100.00 Sign Permits 1.00 per Sq. Ft. 8 Plat Fees 10 Preliminary Plat Filing Fee 60.00 Preliminary Plat Per Acre Fee 20.00 Final Plat Fee 20.00 Plat Escrow Deposit Urban Lot 80.00 per lot Rural Lot 425.00 per lot Commercial Site Plan Review 750.00 Sewer Availability Charge 900.00 \ 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 Fire Hydrant Use Meter Cost (deposit) + 1,0111,000 Gal. 55 Intoxicating Liquor 56 On Sale Liquor 3,500.00 per year On Sale Wine 500.00 per year Off Sale Liquor 150.00 per year " Transient Merchant License 50.00 per six months 79 Pawnbroker License New Renewal 75.00 96 50.00 per writ (except owner occupied) 30.00 25.00 per year + 15.00 per truck 102 104 ( False Alarm Fine Rental Housing License Reinspection Fee per Call Garbage Hauler License '. 5,000.00 per year 5,000.00 per year Adopted by the City Council of the City of Andover this 19th day of December, 1995. ATTEST: d:t;-~ /1ffi Victoria Volk, City Clerk CITY OF ANDOVER . {.)le- J(; ( , ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 272-95 A RESOLUTION ORDERING CONDEMNATION FOR RIGHT-OF-WAY AND TEMPORARY EASEMENTS THAT ARE NECESSARY FOR PROJECT 94-33, COMMERCIAL BOULEVARD EXTENSION. WHEREAS, the City Council approves the condemnation for the following properties: 34-32-24-31-0005 34-32-24-31-0006 34-32-24-31-0012 34-32-24-31-0014 34-32-24-31-0022 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, Project 94-33. Adopted by the City Council of the City of Andover this 19th day of December .19 95 CITY OF ANDOVER ATTEST: .9. t m&l/o~ U.E. McKelvey - Mayo i~ ddb Victoria Volk - City Clerk ( ,. EXHIBIT A Leqal Description Unplatted Grow Township. The North 660 feet of the east 330 feet of the East Half of the Northwest Quarter of the Southeast Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota, as measured along the east and north lines thereof (Su~ject to the right-of-way of South Coon Creek Drive as now laid out and traveled along the north line thereof). r-- '-~. c