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HomeMy WebLinkAbout1993 DESCRIPTION NO. .._ DATE RES. NO. Designating Depositories of City 'Funds & Supplé- mental Depositories of city Funds for Invest- ment Purposes only 001 1/5/93 Establishing Permit Fees & Service Charges to be Collected by City of Andover & Amending Res. * 138-91 002 1/5/93 Establishing Service Charges to be Collect- ed 003 1/5/93 Establishing Rental Housing Dwelling Lie. Fees, Insp. Fees & Reinspect. Fees per Ord. 11 99 004 1/5/93 Granting Lot Split Req. of Raintree Realty, Inc. to create 2 parcels pursuant to Ord. 40 005 1/5/93 Granting Amended Spec. Use Permit Request of Family of Christ Luth. \ Church to allow const. of addition to church property as 16045 Nightingale Street NW 006 1/5/93 ~) "-,,:5..-7:3 /6,; 'I f-ll Denying Variance Request of David Metz to Ord. 8, Sect. 6.02 at lot 1,. block 2, Lundgren Oak- ridge Addi tion 007 1/5/93 Setting Fees for Permits Rezonings, Special Use permits, Variances, Platting, License Fees, Sewer User Fees, Water Fees, Lot Splits, Rental Fees & Various Other Fees 008 1/5/93 Declaring Adequacy of petition & Ordering Prep. of Feas. Report for improv. of 5.5. & WM, Proj. 92-30, in 1805 Andover Blvd NW Area 009 1/5/93 ,. DESCRIPTION NC' . DATE RES. NO. . ·.....__n___m.._·.__~_ _ _________ ~_._~_..._._-~"~~---~ -----------------.----- --- -- ---- Accepting Feas. study Waiving Public Hearing, Ord. Improvement & Directing City Engineer to Notify the Property ~ of the Improv. of Proj. 92-30 for S.S. & Water- main in area of 1805 Andover Blvd NW 010 1/5/93 Granting Lot Split Request of Gary & Susan Johnson to create two parcels pursuant /óé(c.<!e- .) to Ord. 40 011 1/19/93 5~5"- 7'.3. Granting Lot Split Request of Larry Emmerich to create two parcels pursuant 1/19/93 {8-"13 1031 ?'!Ò to Ord. 40 012 Denying Variance Request of Builders Plus, Inc. on property located at 14471 Bluebird st NW 013 1/19/93 Renewing Special Use Permit Request of Riverdale Church to allow for Const. of a church to be located at 1657 - 161st Ave NW 014 1/19/93 Appointing Judges for Special Primary Elect. to be held Tues. March 2, 1993 in Andover 015 1/19/93 Amending 1993 General, Water & Sewer Fund Budgets 016 1/19/93 Approving Final st. Const. for St. & S.D. Const. for Kob's 1st Add. being dev. by K.M & B.A. Kobs in sect. 8-32-24 017 1/19/93 Approving a 40 MPH Speed Limit along Univ. Ave Ext. between cty Rd 60 & 166th Ave NW in Andover 018 1/19/93 Approving revised grading & Drainage Plan being developed by Hokanson Dev., Inc. in Sect 34, Town. 32, Range 24, Anoka, Cty 019 1/19/93 DESCRIPTION ~.~ DATE RE::i. 1'Iu. ,',-- - ----.-.-.-..--------..- ..~ ~~_______~.. .__n________"_._____.______ .__. ----.---.- --.---- Approv. Final Plans & Specs. & Ordering Advertisement for Bids for proj. 92-20, Wood- land Ck. 3rd Add. for St. & storm Drain Const. 020 1/19/93 Declaring Adequacy of Petition & Ordering Prep. of a Feasibility Report for Improv. of S.S., WM, St. & Storm Drains Proj. 92-29 in Echo Ridge Area 021 1/19/93 Accepting Work & Direct. Final Pay. to Central Landscaping, Inc. for proj. 91-10 fo r improv. of st. Const. in area of 159th Lane, Swallow St. & Quinn St. 022 1/19/93 Approv. Revised Grading & Drainage plan of Hidden Ck E. 5th being dev. by Good Value Homes, Inc. in Sect. 34 Town. 32, Range 24, Anoka Cty 023 1/19/93 Ordering improv. of St. & S.D. proj. 92-25 in the Univ. Ave Ext. from 152nd Ave to Constance Blvd area & Directing Prep. of Final Plans & Specs. 024 2/2/93 Ordering improv. of S.S., WM. ST. & S.D. proj. 92-24 in the Andover Blvd from Crosstown Blvd to Hanson Blvd area & Directing Prep. of Final Plans & Specs. 025 2/2/93 Granting Special Use Permit Request of Abe Barghout to operate a convenience store on prop. located as 3131 - 161st Ave NW Exhibit A. 026 2/2/93 ól-aS-93 /tJDJ., </8</6 Approving preliminary plat of Timber Meadows being developed by Woodland Development 027 2/2/93 DESCRIPTION NO. DATE KIS¡). (:) l..,U. Granting Rezoning Request of Tony Emmerich Const.. , Inc. to Rezone prop. known as Echo Ridge, legally described /ð~ P;/r'3 on Exhibit A 028 2/2/93 3·';/(,- 93 Approving preliminary Plat of Echo Ridge being developed by Tony Emmerich Const. Inc. in Sect. 34, Range 24, Anoka cty 029 2/2/93 Accepting Feas. study Waiving Public Hearing Ordering rmprov. & Di recting Prep. of Plans & Spec. for improv. of proj. 92-29 for S.S., WM, ST, & S.D. for Echo Ridg 030 2/2/93 Ordering Prep. of Feas. Report for Improv. of Watermain Proj. 93-6 031 2/2/93 Approving Final plans & Spec. & Ordering Advert. for Bids for Proj. 92-13 , Water System for pumphouse *4 & Controls Const. 032 2/2/93 Designating Quad Cities Cable Communications Comm. as producer of City Council mtgs & other designated City Meetings 033 2/2/93 Accepting Work & Directing Final Pay. to Hennen Const. for Proj. 91-27 for improv. of St. & Storm Drain- age Const. in The Meadows of Rd Lk 034 2/2/93 Accepting Work & Directing final Pay. to Hennen Const. for Proj. 91-27 for improv. of S.S. & WM. Const. in The Meadows of Round Lake 035 2/2/93 DESCRIPTION NO. 1.I.t\.-~-J:o L\.D~. .."..... Accepting Work & Directing final Pay. to Hank weidema Excav. for Proj. 92-2 for improv. of SS, WM, STR, & Storm Drains w/Concret Curb & Gutter in Weybridge 2nd Add. 036 2/2/93 Accepting Feas. Study Waiving Public Hearing Ordering Improv. & Directing Prep. of Plans & specs. for Improv. of Proj. 93-2 for S.S., WM, ST, & Storm Drains in pinewood Estates 2nd Add. 037 2/2/93 Receiving Feas. Report & Calling Public Hearing on Improv. of SS, WM, STR. & Storm Drains Proj. 92-27 in area along Commercial Blvd between Osage st NW & Hanson Blvd 038 2/2/93 Accepting Feas. Study Waiving Public Hearing Ordering Improv. & Directing Prep. of Plans & Specs. for improv. of Proj. 92-16 for S.S., WM, ST, & Storm Drains in Pheasant Glen area 039 2/2/93 Ordering Prep of Feas. Report for improv. of S.S., ST. WM. Storm Drains Proj. 92-27 in area between Osage St NW & Jay St NW along Proposed Commercial Blvd 040 2/2/93 Granting Lot Split & Variance request of John & Valerie Reynolds to create 2 parcels pursuant I_f¡· 93 ..:ff lð -318'91 to Ord. 40 041 2/16/93 Denying Lot Split & Variance request of Omar & Jodie Dizayee to create 2 parcels pursuant to Ord. 40 042 2/16/93 DESCRIPTION NO DATE RE~. 1'Iu. __'._ _____'o_ _____..,__.______~.~. _ __ __~_~_ __.,___.__"~....________.___._______....~__.~._._ ___om ____on Approving 1993 Community Develop. Block Grant Budget to be used to conduct projects within city of Andover for betterment of Andover 043 2/16/93 Accepting Bids & Awarding Contract for improv. of proj. 93-3 for Maintenance of Well & Pump *2 Const. in area of City Water System 044 2/2/93 Declaring Adequacy of Petition & Ordering Prep. of Feas. Report for Improv. of S.S., WM, St. & storm Drains proj. 93-5 in Winslow Hills 3rd Add. 045 2/16/93 Accepting Feas. study, Waiving Public Hearing, Ordering Improv. & Directing Prep. of Plans & Specs. for Improv. of Proj. 93-6 for WM 046 2/16/93 Ordering improve. of S.S., WM, ST. & Storm Drains proj. 92-24 in Andover Blvd from Crosstown Blvd to HGanson Blvd area & Direct. Prep. of Final plans & Specs. 047 3/2/93 Ordering improv. of S.S., WM, ST. & Storm Drains Proj. 92-27 along Commercial Blvd between Nightingale st. & Hanson Blvd area & directing Prep. of Final plans & Specs. 048 3/2/93 Establishing Reasons for Denying Vehicle Impound Lots in I, Industrial Dist. within the City of Andover 049 3/2/93 DESCRIPTION NO. DA'.r1S lU:.ù. .L'tv. ___. _u___.. ____________ ___n.. ,_________ .~---_._-'----_...------."----- Denying Variance Request of Twin Star Homes, Inc. to Ord. 10, Sect. 9.06A(3) which requires 39,000 Sq. Ft. of Contiguous Land area to be Buildable on prop. located at 17539 Flintwood SL NW described on Exhibit A 050 3/2/93 Establishing Municipal State Aid Streets 051 3/2/93 Approving Agreement relating to parking Restrictions on Andover Blvd NW from Crosstown Blvd NW to Hanson Blvd NW (CSAH 78) 052 3/2/93 Accepting Bids & Awarding Contract for Improv. of Proj. 92-20 for ST. & Storm Drain Const. in area of Woodland Creek 3rd Add. 053 3/393 Accepting Work & Directing Final pay. to Kadlec Excavating of Mora for Proj. 92-22 for Improv. of Trunk Watermain in area along Andover Blvd between Crosstown Blvd & Hanson Blvd 054 3/2/93 Ordering improv. of st. Lighting, proj. 92-26, in Northglen & Northglen 3rd Add. 055 3/16/93 Granting Special Use Permit request of Lindquist Repairs Services, Inc. to allow for con't operation of a repair garage located at 16191 Rd Lk -$ Blvd NW 056 3/16/93 'l-H3 103/ ð>C¡;L DESCRIPTION NO. DATE KIS::;. !'IV. Accepting Bids & Awarding Contract for Improv. of Proj. 92-13 for pumphouse *4 & Controls Const. 057 3/16/93 Approving an agreement relating to parking Restrictions on University Ave NW from 152nd Ave to Constance Blvd NW 058 3/16/93 Approving Final Plans & Specs. & Ordering Advert. for Bids for Proj. No. 92-29, Echo Ridge for S.S., W., St. & S.D. 059 3/16/93 Approving Final plans & Specs. & Ordering Advert. for Bids for proj. 92-18, Watt's Garden Acres for S.S., WM, st. & Storm Drain 060 3/16/93 Approving Joint Powers Agreement to Form a Coalition of Met. Com- munities 061 4/6/93 Vacating a portion of Right-of-Way for Jay St NW in Watt's Garden Acres 062 4/6/93 Approving preliminary plat of pheasant Glen being developed by Hokanson Dev., Inc. in Sect. 34, Town. 32, Range 24 063 4/6/93 Approving prel. plat of Kadlec Estates being developed by Kadlec Const. Co. in Sect. 21, Town. 32, Range 24, Anoka Cty 064 4/6/93 DESCRIPTION NO. 11.tn:.c. ...,,£,;0.... ....-.. Granting Amended Spec. Use Permit request of Mpls. SMSA Ltd. Partner- ship C/O US West Newvector Group to alter existing 200' Cellular Radio Tower located at 16157 Rd s-//- 93 /Ó3ð' cJ 75.3 Lk Blvd NW 065 4/6/93 Denying Variance Request of Dave Regal Const. Inc. to Ord. 8 Sect. 6.02 which requires single family structures in R-2 to have min. 1,200 Sq. Ft. of floor area per dwelling at 17110 Navajo St NW 066 4/6/93 Approving Final plat of Echo Ridge being developed by Tony Emmerich Const., Inc. 067 4/6/93 Approving Final Plans & Specs. & Ordering Advertisement for Bids for proj. 91-22 Rd Lk Blvd from 133rd to 140th Lane NW to Marigold st NW for S.S., WM, ST. , Storm Drain & Sidewalk 068 4/6/93 Approving Speed limits in Hawk ridge, Country- view Estates, Verdin Acres in Sect. 4-32-24 069 4/6/93 Declaring Adequacy of Petition & Ordering Prep. of Feas. Report for Improv. of sts. Proj. 91-5 in Njordmark- Dale area 4 lots along 178th Ln NW between Tulip St. NW & Quay St NW 070 4/6/93 Declaring Adequacy of Petition & Ordering Prep. of Feas. Report fOr Improv. of St., Proj. 91-16 along 159th Ave NW West of Marystone Blvd 071 4/6/93 DESCRIPTION NO DATE KIS¡). 1'Iu. Authorizing expend. for voting equipment from Prmanent Improv. Revolving Fund 072 4/6/93 Approving Final Plans & Specs & Ordering Advertisement for Bids for proj. 92-24 Andover Blvd from Crosstown Blvd to Hanson Blvd for S.S., WM, St. & storm Drain Const. 073 4/6/93 Ordering Prep. of Feas. Report for improv. of storm Drainage proj. 93-9 in Winslow Hills area 074 4/6/93 Adopting Assessment Roll for improv. of Watermain Extension Proj. 90-25 075 4/6/93 Setting Fees for Tree Trimmers Pursuant to Ord. 29C 076 4/6/93 Approving Right-of Way Plat Known as the City of Andover Hwy Right-Of-Way plat No. 1 077 4/6/93 Receiving Feas. Report & calling Public Hearing on improv. of st. Const. Proj. 91-16 along 159th Ave NW West of Marystone Blvd 078 4/20/93 Receiving Feas. Report & calling Public Hearing on improv. of St. Canst. Proj. 91-5 along 178th Lane & Njordmark-Dale area 079 4/20/93 ryesignating Paine Webber Inc. as a Supplemental Depository of City Funds for Investment purposes only 080 4/20/93 DESCRIPTION NO. DATE Kr;¡). 1'Iu. Relating to Parking Restrictions on S.A.P. 198-020-08 from 133rd Ave NW to 140th Lane NW in City of Andover 081 4/20/93 Relating ot parking Restrictions on S.A.P. 198-020-09 from Rd Lk Blvd to Quay St NW in City of Andover 082 4/20/93 Declaring Adequacy of peti tion & Orde ring Prep. of Feas. Report for improv. of S.S., W, & S.D. proj. 93-10, for Super- America Located in Northeast Corner of intersection of Hanson Blvd & Bunker Lk Blvd 083 4/20/93 Accepting Bids & Awarding Contract for Improv. of proj. 92-29 & 92-18 for S.S., WM, St. & Storm Drain Const. in area of Jay st. & Echo Ridge 084 4/20/93 Authorizing Expend. for a computerized Inventory & Asset Tracking System from Permanent Improvement Revolving Fund 085 4/20/93 Closing the 1980 Series B Improv. Bond Fund & Transferring Remaining Funds to Perm. Improv. Revolving Fund 086 4/20/93 Closing Fire Station Const. Fund & Trans. Remaining Funds to Fire Station Bond Debt Service Fund 087 4/20/93 DESCRIPTION NO DATE \E:>. 1'Iu. Accepting Feas. Study, Waiving Public Hearing, Ordering Improv. & Directing Prep. of plans & Specs. for Improve. of Proj. 93-2 for S.S., Wm., ST, & storm Drains in pinewood Estates 3rd Add. 088 4/20/93 Approving Final plat of Timber Meadows being developed by Woodland Dev. Corp. 089 4/20/93 Ordering Improv. of Streets, proj. 91-16 Alon 159th Ave NW between Marystone Blvd & the Rum River area & Directing Prep. of Final plans & Specs. 090 5/4/93 Granting Special Use Permit Request of Jerome Pikus to Operate a Home Occupation in Accessory structure on Prop. at 16526 jtJ38'úol Hanson Blvd NW 091 5/4/93 ..5-//- '/3 Granting Special Use Permit request of Jim & Jane Knoll to operate a Commercial Green- House at 14817 Rd Lk Blvd NW 092 5/4/935-/1-93 j03803¡;J- Deferring Assess. on Property Owned by Kurt W. Hurst & Susan D. Hurst 093 5/4/93 Approving Final plat Weybridge 3rd Add. being developed by Ashford Dev. Corp 094 5/4/93 Approving Final plans & specs & Ordering Advertisement for Bids for Proj. 92-19, Weybridge 3rd Add for S.S., WM, ST & Storm Drain Const. 095 5/4/93 DESCRIPTION NO. VA·r IS .1\.r.,¡;). .....v. Accepting Work & Directin9 Final Pay. to Forest LK Contracting, Inc for Proj. 91-14 for Improv. of st. & storm Drainage in area of 168th Ln between Rd LK Blvd & 350 Ft. W of Crocus st NW 096 5/4/93 Ordering Improv. of Streets Proj. 91-5 in Njordmark-Dale l78th Ln NW area & Directing Prep. of Final Plans & Specs. 097 5/18/93 vacating Drainage Easement to allow for Const. of Building Si te on L-1, B-1, Indian Meadows 098 5/18/93 ¿-¡.S-'.3 /ð(s.;¡íi$ Granting Lot Split Request of Don Emmerich to Create 2 Parcels Pursuant to Ord. 40 099 5/18/93 Granting Lot Split Request of Mark Lipski to Create 2 Parcels Pursuant to 5/18/93 ¡;;-Ið· '13 !()83'7¥J Ord 40 100 Granting Rezoning Request of Winslow Hills Properties - partnership to Rezone Prop. to be Known as Winslow Hills 3rd Addition, Legally Described from R-1 Single Family Rural to R-4, Single /ólS-Jß1 Family Urban 101 5/18/93 &'-/5-9.:3 Receiving Feas. Report & Calling Public Hearing on Improv. of Storm Drainage Proj. 93-9 in Winslow Hills/ Xeon St NW Area 102 5/18/93 DESCRIPTION NO VAT ~; .1'\1:t¡:». ,,"tv. - Accepting Feas study Waiving Public Hear. Ordering Improv. & Directing Prep. of Plans & Specs. for Improv. of Proj. 93-5 for S.S., WM, & ST, & Storm Drains in Winslow Hills 3 rd Addition 103 5/18/93 Approving Preliminary Plat of Winslow Hills 3rd Add being Dev. by Winslow Hills Prop.- Partnership 104 5/18/93 Setting a Tree Protect. Plan Review Fee in Accordance with City of Andover Tree Preservation Policy 105 5/18/93 Approving Change Order to proj. 92-13 for Improv. of Well & pumphouse *4 Const. area of City Hall 106 5/18/93 Approving Final plans & Specs. & Ordering Advertisement for Bids for Proj. 93-2, pinewood Estates 2nd Add for S.S., WM, ST & Storm Drain Const 107 5/18/93 Accepting Feas. Study waiving Public Hearing ordering Improvement & Directing Prep of plans For Improv. of proj. 93-10 for S.S., WM, ST, & storm Drains in area of Super- America located in NE Corner of intersect. of Hanson Blvd & Bunker Lk Blvd 108 5/18/93 Accepting Bids & Awarding Contract for Improv. of Proj. 92-24 for S. S Of WM, ST. & Storm Drain Const. in Area of Andover Blvd from Crosstown Blvd to Hanson Blvd 109 5/18/93 DESCRIPTION NO. 1.1.1\.-"'- £0 .1.'0.&.11'" . ....-.. Accepting Work & Directing Final pay. to E.H. Renner & Sons, Irtc. for Proj. 92-13 for Iprov. of WellH in area: City Hall Tower * 2 110 5/18/93 Granting Special Use Permit Request of ACE Solid Waste to Construct a 6' chain Link Fence with an additional l' Barbed Wire Security Arm on Prop. at 3118 - 162nd Lane / ð ~I SfÀ75"r'o NW 111 6/1/93 (".-15-93 Accepting Supplemental Feas. study for Improv. of proj 93-10 for WM, S.S. , st. & Storm Drains in area: SuperAmerica at NE corner of Hanson Blvd & Bunker Lake Blvd 112 6/1/93 Accepting a Supple- mental Feas. Study for Improv. Appointing An Acting Deputy City Clerk & An Acting Deputy City Treasurer 113 6/1/93 Declaring Cost & Directing Prep. of Assessment Roll for the Improve. of WM, S . S . , Storm Drain & Streets 114 6/1/93 Adopting Assess. Roll for Improve. of WM, S. S., Storm Drain & Streets proj. 92-2, Weybridge 2nd Addition 115 6/1/93 Declaring Cost & Di recting Prep. of Assessment Roll for Improvement of WM, S.S., Storm Drain & Streets for proj. 91-27, The Meadows of Round Lake 116 6/1/93 DESCRIPTION NO. u.t\."J:c. '"'~..,. '"'"..,. Adopting Assessment Roll for the Improve. of WM, S . S . , Storm Drain & st. proj. * 91-27, The Meadows of Round Lake 117 6/1/93 Establishing Area Assessment & Connect. Charges 118 6/1/93 Designating Locations for Tenporary NO PARKING Zones during Senior PGA Open from June 14-20, 1993 to be held at Bunker Hills Golf Course 119 6/1/93 Authorizing Transfer of Funds Dedicated to Proj. Admin., Drainage & Mapping, & Water or Sewer Trunk area & Connect. Charges Assessed With Various Capital Improve. Projects 120 6/1/93 Approving Final plat of Pinewood Est. 2nd Add. being Developed by Continental Dev, Corp. in Sec. 27- 32-24, Anoka Cty 121 6/1/93 Ordering improv. of S.D. proj. 93-9 in Winslow Hills/Xeon St NW & Directing Prep. of Final Plans & Specs. 122 6/15/93 Amending Res. * R067-92 Extending Hours of Hauling for special Use Permit granted to wasteco, Inc. to allow for Land Reclamation Activities on Property 123 6/15/93 Authorizing Expend. for S.S. Const. from Permanent Improv. Revolving Fund 124 6/15/93 DESCRIPTION NO. 1)A'J:1:t .1\.1:I¡;;J. ...,.v. Accepting Bids & Accepting Bids & Awarding Contract for Improv. of proj. 93-2 for SS,WM,STR. & ST. Drain Const. in area of pinewood Est. 2nd Add. 125 6/15/93 Declaring Adequacy of Petition & Ordering Pre[ . of Feas. Report for Improv. of S.S., WM, St. & S.D. Proj. *93-11 , in Emerald Glen area 126 6/15/93 Approving Revised Grading & Drainage Plan of pinewood Est. 2nd Add. being dev. by Continental Dev. Corp. in Sect.27, Township 32, Range 24, Anoka Cty, MN 127 6/15/93 Approving Final Plat of Kadlec Estates Being Dev. by Kadlec Const. Co. in Section 8-32-24 128 6/15/93 Appointing Daryl Sulander as Acting City Administrator 129 6/15/93 Approving Variance Request of Bradley Melland to Ord. 8, Sect. 6.02 on prop. at 14365 Zilla st NW 130 6/15/93 Authorizing Expend. for Street Maintenance Equipment from Perm. Improv. Revolving Fund 131 6/15/93 Providing for issuance & Sale of $3,650,000 General Obligation Improv. Bonds, Series 1993A 132 6/15,93 Providing for Issuance & Sale of $520,000 General Obligation Tax Increment Bonds, Series 1993B 133 6/15/93 DESCRIPTION NC' DA'.l'1S .l'{J:5~. l'4V. Accepting Bids & Awarding Contract for Improv. of {rpk/ 92-19 forS.S., WM, ST & S.D. Constr. in Weybridge 3rd Add. 134 6/15/93 Approv. Final plans & Specs. & Orde ring Advert. for Bids for proj. 92-25, Univ. Ave Ext. for ST. & S.D. Constr. 135 6/15/93 Establishing a Deferred compo Plan to be Admin. by the ICMA Retirement Corp. 136 6/15/93 Declaring Adequacy of Petition & Ordering Prep. of Feas. Report for improvement of WM, Proj. 93-15, in lot 11, Block 7, Andover Boundry Comm Plat *1 Area 137 6/24/94 Accepting Feas. Study waiving Public Hearing Ord. Improv. & Directing Prep. of plans & Specs for Improv. of Proj. 93-15 for WM in area Lot 11, Blk 7, Andover Boundary Comm. plat U 138 6/24/94 Granting Lot Split request of Jim Knoll to create 2 Parcels pursuant to Ord. 40 139 7/6/93 Granting Lot Split request of Anoka Cty Community Action Program to Create 2 Parcels to Ord. 40 140 7/6/93 Approving Variance Request of ACCAP to Ord. 8 which requires a Lot Area of 11,400 Sq. Ft. & to ord. 10 to allow for Const. of Home on prop. at 13611 Rd Lk Blvd 141 7/6/93 Approv. Variance Request of ACCAP to Ord. 8 & Ord. 10 at 13547 Rd Lk Blvd NW 142 7/6/93 DESCRIPTION NC' DA'J:E Kr.::>. 1'Iu. Denying Variance Request of ACCAP to Ord. 8 & 10 at 3559 - 134th Ave NW 145 7/6/93 Approving Variance Request of Tony Emmerich Const. Co. to Ord. 10 Sect. 9.06A to be Buildable on Prop. at 1487 - l61st Ave NW 146 7/6/93 Approving Variance Request of Tony Emmerich Const. Co. to Ord. 10, Sect. 9.06A(3) which re- quires 39,000 Sq.Ft. of Contiguous Land Area to be Build- able w/a Minimum Width of 150 Ft & a Minim. Depth of 150 Ft on prop. at 16289 Hanson Blvd NW 147 7/6/93 Approv. P.plat of Emerald Glen being developed by Ashford Dev. Corp. & Shamrock Dev. Corp. in Sect. 34, Township 34, Range 24, Anoka cty 148 7/6/93 Accepting Feas. Study, Waiving P. Hearing, ordering Improv. & Directing Prep. of Plans & specs. for Improv. of proj. 93-11 fir S.S., WM, st & Storm Drain in area of Emerald Glen 149 7/6/93 Temporary Street Closure - Quinn st between l37th Lane NW & 138th Ave NW 150 7/6/93 Declaring Adequacy of Petition & Ordering Prep. of Feas. Report for Improv. of WM, Proj. 93-13 in Lots 2 & 3, Block 6, Andover Boundary Comm. plat 111 151 7/6/93 DESCRIPTION NC' DATE RES. NO. Accepting Feas. study waiving p.Hearing & Ordering rmprov. for Improv. of pròj. 93-13 for WM in area of Lots 2 & 3, Block 6, Andover Boundary Commission plat *1 152 7/6/93 Declaring Adequacy of Petition & Ordering Prep. of Feas. Report for Improv. of S.S., WM, st & Storm Drain Proj. 93-12, in Hills of Bunker Lake 5th & 6th Add. 153 7/6/93 Declaring Adequacy of Petition & Ordering prep. of Feas. Report for Improv. of S.S., WM, St & storm Drain Proj. 93-14 in woodland Pond area 154 7/6/93 Approv. Final plat of winslow Hills 3rd Add being Develop. by Winslow Hills Properties 155 7/6/93 Approv. an Amended Joint Powers Agree. for the Lower Rum River Watershed Management Org. 156 7/6/93 Declaring A Black Dog Owned by Lyle Dunn, 2261 - 139th Ave NW, as a "Biting Dog" 157 7/6/93 Granting Special Use Permit Request of Mary Hamment to operate an In-Home Beauty Salon on the property located at 524 - 159th Ave NW 158 7/20/93 Granting Lot Split Request of Marilyn & Milton Mardaus to create 2 parcels /Ó? 3 '/iJ/ pursuant to Ord. 40 159 7/20/93 1'- 3 -'J3 DESCRIPTION NC' DATF RES. NO. Awarding sale of $3,650,000 General Obligation Improv. Bonds, Series 1993A; Directing Execution & Delivery; 5. Providing for their payment 160 7/20/93 Awarding sale of $520,000 Gen. Obli g . Tax Increment Bonds, Series 1993B 161 7/20/93 Addepting Bids & Awarding Contract for improv. of Proj. 92-25 for st. & storm Drain Const. at University Avenue Extension 162 7/20/93 Approving Final Plans & Specs. & Ordering Advertisement for Bids for Proj. 91-5, Njordmark Dale/178th Lane NW 163 7/20/93 Approving Final plans & Specs & Ordering Advertisement for Bids for Proj. 91-16, 159th Avenue West of Marystone Blvd for Street Const. 164 7/20/93 Declaring Adequacy of Petition & Ordering Prep. of Feas. Report for Improv. of Streets Proj. 93-18 in pine Hills 165 7/20/93 Accepting Andover Blvd between Crosstown Blvd NW & Hanson Blvd NW in Sect. 27, Township 32, Range 24 166 7/20/93 Declaring Cost & Directing Prep. of Assessment Roll for Platting of Boundry Commission Plat 1 for proj. 90-17 167 7/20/93 DESCRIPTION NO DATE RES. NO. Declaring Adequacy of Peti tion & Ordering Prep. of Feas. Report for Improv. of Watermain Proj. 93-19, in lots 8 & 9, Block 7, Red Oaks Manor 4th Addition 168 7/20/93 Accepting Feas. study Waiving Public Hear- ing, Ordering Improv. & Directing Prep. of Proj. 93-19 for Watermain in Lots 8 & 9, Block 7, Red Oaks Manor 4th Add. 169 7/20/93 Approving Variance Requiest of Janie & Allen Hemmelgarn to to Ord. 8, Sect. 4.05(F) to allow for Const. of access. structure (Pole Bldg.) located closer to front Lot Line than principal structure that is not const. in similar design & exterior finish as principal structure on prop. located at 1054 - 161st Ave NW 170 8/3/93 Denying Variance Request fo Arthur Swanson to ord. 8 Sect. 4.04 & 6.02, & Ord. 10, Sect. 9.06 at 175xx Rd Lake Blvd 171 8/3/93 Granting Amended Special Use Permit Request of Jeff Bergeron (Dover Kennels) to Expand His Kennel Operation from 45 to 60 Dogs located at 16422 ItJ?;3 /ðÒ Hanson Blvd NW 172 8/3/93 9-3- f'3 Approving Preliminary plat of Woodland Pond being Developed by uptown Const. & Finest Homes in Sect. 29, Township 32, Range 24, Anoka Cty, MN 173 8/3/93 DESCRIPTION NO DATE KIS¡). 1'Iu. Accepting Feas. study Waiving Public Hearing Ordering Improv. & Directing Prep. of plans & Specs. for Improv. of proj. 93-14 for S.S., WM street & Storm Drain in area of Woodland Pond 174 8/3/93 Rejecting Bids for Improvement of proj. 92-19 for S.S., WM, st. & Storm Drain Const. in Weybridge 3rd Add. 175 8/3/93 Approv. Final plans & Specs. & Ordering Advert. for Bids for Proj. 93-5, Winslow Hills 3rd Add. for S.S., WM, St. & Storm Drain ConSt. 176 8/3/93 Accepting Work & Directing Final Payment to Hydrocon, Inc. for proj. 92-15 for Improv. of S.S., WM, st. & Storm Drain in area: Hidden Creek East 5th Addi tion 177 8/3/93 For Hearing on Prop. Assessment for the Improvement for Proj. 90-17 178 8/3/93 Authorizing the Transfer of Funds from Water Trunk Fund & Sewer Trunk Fund to the 1990A Temp. Improvement Bond Debt Service Fund 179 8/3/93 Closing the 1990 Series A Temporary Improvement Bond Fund & Transferring Remaining Funds to The Permanent Improvement Revolving Fund 180 8/3/93 Delegating the Authority to Pay Claims to the Treasurer 181 8/3/93 DESCRIPTION NO - UATIS J:l~~. l...V. Accepting Bids & Awarding Contract fOr improvement of Proj. 93-16 for Seal coating Const. in area of Chapman's 1st-6th Additons & Northblen 1st & 3rd Add. 182 8/3/93 Approving Final Plat of Woodland Pond as being developed by Uptown Const. & Finest Homes in Sect. 29-32-24 183 8/3/93 Granting Special Use Permit Request of Andover Firearm, Inc. to Operate a Gun Shop & Sporting Goods store at 1860 /ðP </t/> Bunker Lake Blvd 184 8/17/93 q·S-f3 Terminating Improv. Proj. 92-6, Watermain Extension 185 8/17/93 Amending the 1993 General, Water & Sewer Fund Budgets 186 8/17/93 Declaring Cost & Directing Prep. of Assess. Roll for improv. of WM, S.S. st. & Storm Sewer, for proj. 92-15, Hidden Creek E. 5th Add. 187 8/17/93 Adopting Assess. Roll for Improv. of S. S., Storm Sewer, WM & Streets, Proj. 92-15, Hidden Creek E. 5th Add 188 8/17/93 Approv. Final Plans & Specs. & Ordering Advert. for Bids for Proj. 93-14, Woodland Pond for s.s., WM, st & S.D. Const. 189 8/17/93 Accepting Bids & Awarding Contract for Improv. of proj. 91-5 & Proj. 91-16 for Street Const. of Njordmark Dale/ 178th Lane NW & l59th Ave West of Marystone Boulevard 190 8/17/93 DESCRIPTION NO. DATE 1)-tt:S. NO. Requesting Speed study by MN Depart. of Transportation for 181st Ave NW from Tulip st NW to Round Lk Blvd. 191 8/17/93 Accepting Work & Directing Final Pay. to Bonine Exc. for proj. 92-8 for improv. of Trunk S.S. in area of Andover Blvd/pinewood Estates 192 8/17/93 Authorizing Additional Expenditure for S.S. Const. from Permanent Improvement Revolving Fund 193 8/17/93 Approving Variance Requests of the Cty of Anoka & City of Andover on behalf of The Meadow Creek Prof. Bldg. to Ord. 8, Sect. 6.02 & 8.08 on property located at 3480 Bunker Lk Blvd NW 194 8/17/93 Adopting assess. roll for Resurveying & Platting of Private property in Andover Boundry Comm plat 1 for improv. proj. * 90-17 for certifi- cation 195 9/7/93 Denying special use permit request of Roger Kjellberg to Construct an Accessory Structure prior to Const. of Principal Structure on property located on 167th Ave & Hanson Blvd NW 196 9/7/93 Granting Special Use Permit request of Superamerica Group, Inc. to install four underground storage tanks for bulk storage of liquid fuels on property located on NE corner of Bunker Lake Blvd NW & Hanson Blvd. NW 197 9/7/93 It) 7?():)-';¡ J/- -1- '13 DESCRIPTION NO. DATE "ES. NO. Granting variance Request of Maureen Schachtschneider to Ord 8, Sect. 6.02 Setback requirements on property located at 1455-147th Ave 198 9/7/93 Declaring a Dog owned by Ronald Frederichs, 3939 Enchanted Dr. NW 199 9/7/93 Denying Variance request of Callie Heil to Ord. 10, Sect. 9.06A(2) which requires 39,000 Sq. Ft. of contiguous land area to be buildable to allow for movement of an interior lot line on property at 1425 Andover Blvd NW 200 9/7/93 Adopting Ci ty of Andover 1994 Proposed Property Tax Levy to be certified to the County Auditor & Establishing Budget for General Fund 201 9/7/93 - Accepting Bids & Awarding Contract for Improv. of Proj. * 93-5 for S.S., WM., st. & S. D. Const. in Winslow Hills 3rd Add. 202 9/7/93 Approving Change Order to proj. * 93-2 for Improv. of Proj. 93-19(Red Oaks) & 93-14 (Woodland Pond) 203 9/7/93 Accepting Work & Directing Final payment to Woodland Dev. Co. for proj. 92-23 for Street Improv. in area: along Aztec st NW from Blackfoot st NW to l78th Ln NW & 178th Ln NW east of Aztec st NW to existing Pavement just West of Xenia St. NW 204 9/7/93 - DESCRIPTION NO. DATE RES. 1'IU. Approving Final plans & Specs & ordering Advertisement for Bids for proj. 93-11 Emerald Glen for S.S., WM, st & S.D. 205 9/7/93 Approving Change Order to Proj. 91-5/91-16 for improv. of st. Const. in area of Njordmark Dale/159th Ave NW 206 9/7/93 Requesting Speed Study by MN Dept of Trans. for cty Rd 60 from CSAH 18 to University Ave 207 9/7/93 Accepting Work & Directing Final Pay. to Kenko, Inc. for proj. 92-4 for improv. of S.S., WM, St. & S.D. in area: Winslow Hills 2nd Add 208 9/7/93 Declaring Cost & Directing Prep. of Assess. Roll for impro. of WM, S. S., St. & Storm Sewer, for proj. 92-10, Pheasant Meadows 209 9/7/93 Declaring Cost & Directing Prep. of Assess. Roll for Improv. of WM, S.S., st. & Storm Sewer, for Proj. 92-4, Winslow Hills 2nd Add 210 9/7/93 Approving Change Order *2 to Proj. 93-2 pinewood Estates 2nd Add. 211 9/7/93 Accepting Work & Directing Final Pay. to Old Is Gold Const. for Proj. 92-10 for Improv. of S. s., WM, st & Storm Drain in area: pheasant Meadows 212 9/7/93 DESCRIPTION NO. Uß.·~·~ .l\c.¡;;:t. ,I,;"V. Approving the Revised Grading, Drainage & Erosion Control plan of Emerald Glen being Developed by Ashford & Shamrock Dev. Corp.in Sect. 34, Township 32, Range 24, Anoka County, MN 213 9/7/93 Approving Final plat of Emerald Glen Being Developed by Ashford Dev. Corp. & Shamrock Dev. Corp. in Sect. 34- 32-24 214 9/7/93 Ordering Condemnation for Drainage Easements that are necessary for developed or developing properties (Emerald Glen) 215 9/7/93 Approving Revised Grading, Drainage & Erosion Control plan of The Meadows of Round Lake being Dev. by Nedegaard Const. Co. , Inc. in Sect. 29 & 30 Town. 32, Range 24, Anoka Cty, MN 216 9/7/93 Declaring Cost & Directing Prep. of Assessment Roll For Improv. of WM, for Proj. 93-19, Lots 8 & 9, Block 7, Red Oaks Manor 4th Add. 217 9/21/93 Declaring Cost & Directing Prep. of Assessment Roll for Improv. of WM, for proj. 93-15, Lot 11, Block 7, for Proj. 93-15, Lot 11, Block 7, Andover Boundary Comm. Plat 1 218 9/21/93 Declaring Cost & Directing Prep. of Assessment Roll for Improv. of WM & S.S. for Proj. 92-30, 1805 Andover Blvd. NW 219 9/21/93 DESCRIPTION NO. DATE RES. NO. Adopting Assessment Roll for Improv. of S.S., Storm Sewer, Watermain, & streets, P!:oj. 92-10, pheasant Meadows 220 9/21/93 Adopting Assess. Roll for Improv. of S.S., WM, & Streets, Proj. 92-4, Winslow Hills 2nd Add. 221 9/21/93 Approving Change P!:oj. 93-6 for Improv. of WM. Construction in area of Round Lake Blvd & Bunker Lake Blvd 222 9/21/93 Approving change Orders *1 & *2 to proj. 92-24 for Improv. of S.S., WM, Street & Storm Drain Const. in area of Andover Blvd 223 9/21/93 Appointing Todd J. Haas to the Lowwer Rum River Water Manag. Or-g. in absence of James Schrantz 224 9/21/93 Approving Change Order *1 to proj. 93-5 for Improv. of S.S., WM, street & Storm Drain Const. in area of Winslow Hills 3rd Add. 225 9/21/93 Approving City of Andover Enter Into a Corporate Mastercard Businesscard Agreement with Norwest Bank Iowa, N~tional Assoc., Des M?ines, Iowa(Bank) 226 9/21/93 Denying Special Use Permit Request of D!. rk Fenna to Construct a 40' x 60' A';cess. Bldg Prior to p~incipal Structure on Property at 117395 Hanson Blvd NW 227 10/5/93 DESCRIPTION NO IJA'.L'IS KIS¡). NU. - Approving P.PLat of Wittington Ridge being developed by Ashford Development Corp. Inc. 228 10/5/93 Declaring Cost & Direct. Prep. of Assess. Roll for Improv. of WM, S.S. Streets & S.S., for Proj. 92-20, woodland Creek 3rd Add. 229 10/5/93 Adopting Assess. Roll fur Improv. of S. S., Storm Sewer, WM., & Streets Proj. 92-20, Woodland Creek 3rd Add. 230 10/5/93 Declaring Cost & Direct. Prep. of Assess. Roll for Improv. of Andover Blvd NW, for Proj. 92-24, S. S., WM, st. & Storm Drain 231 10/5/93 For Hearing on Proposed Assess. for Improv. for Proj. 92-24 232 10/5/93 Declaring Cost & Direct. Prep. of Assess. Roll for Improv. of S. S., WM, st. & S.D., for Proj. 92-18, Jay st. NW 233 10/5/93 For Hearing on Proposed Assess. for Improv. for Proj. 92-18 234 10/5/93 Declaring Cost & Di rect. Prep of Assess. Roll For Improv. of 8.8., WM, St. & S.D., for proj. 92-29, Echo Woods 235 10/5/93 Declaring Cost & Direct. Prep. of Assess. Roll for Improv. of S.S. Trunk & Lateral, for Proj. 89-18, SE part of Watt's Garden Acres 236 10/5/93 For Hearing on Proposed Assess. for Improvement for Proj. 89-18 237 10/5/93 For Hearing on Proposed Assess. for Improvement for Proj. 92-30 238 10/5/93 DESCRIPTION Nt' DA'J:E KIS¡). 1'Iu. For Hearing on Proposed Assess. for Improvement for proj. 93-15 239 10/5/93 For Hearing on Proposed Assessment for Improv. of Proj. 93-19 240 10/5/93 Accepting Bids & Awarding Contract for Improv. of Proj. 93-11 for S.S., WM, street & S.Drain Construction in area of Emerald Glen 241 10/5/93 Accepting Bids & Awarding Contract for Improv. of WM & S. Drain for 1805 Andover Blvd NW for Improv. proj. 92-30 for Certi- fication 242 10/19/93 Adopting Assessment Roll for Improv. of WM for Lot 11, Block 7, Andover Boundry Comm. Plat 1 for improv. Proj. 93-15 for Certification 243 10/19/93 Adopting Assess. Roll for Improv. of WM for Lots 8 & 9, Red Oaks Manor 4th Add. for Improv. Proj. 93-19 for Certification 244 10/19/93 Adopting Assess. Roll for Improv. of WM, S. S., & Storm Sewer along Andover Blvd for Improv. proj. 92-24 for Certification 245 10/19/93 Ordering Prep. of Feas. Report for Improv. of Storm Drains proj. 93-21 in Cedar Crest Estates, Cedar Crest Estates 2nd Add, Valley view Est. & Valley View Est. 2nd Add. Area 246 10/19/93 Approv. Amended Special Use Permit Request of Q-Midwest, Inc. D.B.A. Total Mart to Install a 500 Gal. above ground Storage Tank for Bulk storage of propane at 13725 Crosstown Dr. //,1~ 9:3 NW 247 10/19/93 iOítðS'/ DESCRIPTION N". UA'.r~' ..t<.J:Sö. 1'Iu. I Granting Special Use Permit Request of Clifford Mistelske to Allow for Continued Operation of a Repair Garage located at 2134 Bunker Lk Blvd NW 248 10/19/93 Giving Special Acknowl. to John Kunza & Crooked Lake Tire Servicing Business on Property located at 2814 - 134th Avenue NW 249 10/19/93 Authorizing Purchase of Defibrillation Equip. from the Permanent Improvement Revolving Fund 250 10/19/93 Receiving Assessment Roll for Improv. for Proj. 92-29 251 10/19/93 Adopting Assessment Roll for Improv. of S.S., Storm Sewer, WM. , & streets, Proj. 92-29, Echo Woods 252 10/19/93 Declaring Cost & Direct. Prep. of Assessment Roll For Improv. of S. S. & Water Area charges fo proj. 93-22, Section 23 253 10/19/93 Receiving Assess. Roll for Improv. for proj. 93-22 254 10/19/93 Adopting the Assess. Roll for Improv. of S. S., Storm Sewer, & WM, & Streets, Proj. 93-22, S. S. & Water Area Charges 255 10/19/93 Adopting Assess. Roll for Certification of Delinquent Sewer, Water &/or st. Lighting Service Charges 256 11/2/93 Adopting Assess. Roll for Improv. of Delinquent Mowing Charges 257 11/2/93 Rescinding Res. # 233-93 Declaring Cost & Direct. Prep. of Assess Roll for 92-18 258 11/2/93 DESCRIPTION N" . UA·. ~'" .1\~". l'1V. Declaring Cost & Direct. Prep. of Assess. Roll for the Improv. of S.S., WM, st & Storm Drain, For Proj. * 92-18, Jay St. NW 259 11/2/93 Rescinding Res. No. 093-93 Deferring Spec. Assess. on Property Owner Kurt W. & Susan D. Hurst 260 11/2/93 Receiving Feas. Report & Calling Public Hearing on Improv. of storm Drains, proj. 93-21 in Cedar Crest Estates, Cedar Crest Est. 2nd Add, Valley View Est. & Valley View Est. 2nd Add. Area 261 11/2/93 Establishing Lower Rum River watershed Manage. Organization & Coon Creek watershed Dist. as the Local Government Unit (LGU) to Regulate the 1991 Wetland Conserv. Act Permanent Program 262 11/2/93 Approving 1994 Law Enforcement Contract by & Between the County of Anoka, the Anoka County Sheriff & the City of Andover 263 11/2/93 Approving Contract by & Between the City of Andover & Anoka-Henn. School Dist. 11 for School Liaison & D.A.R.E. Officer Services for 1993-1994 School Year 264 11/2/93 Approving Revised Grading & Drainage plan of Pinewood Est. 2nd Add. being Developed by Continental Dev. Corp. in Sec. 27, Tnship 32, Range 24, Anoka cty 265 11/2/93 Approving Revised Grading & Drainage plan of Leeman Lake Est. in Sect. 12, Tnship 32, Range 24, Anoka Cty 266 11/2/93 DESCRIPTION NC' DAT'" RES. NO. Approving Revised Grading & Drainage plan of Hidden Crk E.-5th Add. being Developed by Good Value Hæmes, Inc. in Sect. 34, Tnship 32, Range 24, Anoka cty 267 11/2/93 Accepting Work & Directing Final Payment to C.W. Houle, Inc. for Proj. 92-18 & 92-29 for Improv. of S. S., WM, St. Drain in area: Jay St. NW (Watt's Garden Acres) & Echo Woods 268 11/2/93 Declaring Adequacy of Petition & Ordering Prep. of Feas. Report for Improv. of street Lighting, proj. 93-8 in Woodland Meadows area 269 11/2/93 Approving Change Order to Proj. 93-6 for Improv. Watermain Const. in area along Rd Lk. Blvd from 133rd Ave NW to 140th Ln NW 270 11/2/93 Adopting Assess. Roll for Improv. of Storm Drainage for Improv. Proj. 89-18 for Certification 271 11/16/93 Adopting Assess. Roll for Irnprov. of S. S., storm Sewer, Watermain & streets for Improv. proj. 92-18 for Certification 272 11/16/93 VOID 273 Granting Variance Request of Tony Emmerich Const., Inc. to Ord. 8, Sect. 6.02 Which Requires a 50' Setback from a Major Arterial to Allow for Const. of an Additon to Single Family Residence 274 11/16/93 DESCRIPTION N" UP""t; .t{JS~. 1'Iu. Amending 1993 General Fund, Permanent Improv. Revolving Fund, Water Fund & Central Equip. Fund Budgets 275 11/16/93 Discontinuing proj. 93-21 Cedar Crest storm Drainage Improv. 276 12/7/93 Establishing 1994 Water Fund, Sewer Fund, Perm. Improv. Revolving Fund & Central Equipment Fund Budgets 277 12/7/93 Approving Change Order *2 to proj. 92-13 for Well pumphouse *4 Const. in area of City Hall 278 12/7/93 Accepting Work & Direct. Final payment to Anderson Mechanical, Inc. for Proj. 92-13 for Improv. of well pumphouse *4 in area of city Hall 279 12/7/93 Approving Revised Grading & Drainage plan of pheasant Meadows being developed by Hokanson Development in Sec.34, Township 32, Range 24, Anoka County 280 12/7/93 Approving Change Order *4 to proj. 93-2 for Improv. of S.S., WM, St. & S.D. Const. in pinewood Est. 2nd Addition 281 12/7/93 Declaring Adequacy of Petition & Ordering Prep. of Feas. Report for Improv. of WM., Proj. 93-28, at 13828 Rd Lk Blvd. 282 12/7/93 Approving Change Order U to proj. 93-11 for Improv. of s.s., WM, St. & S.Drain Const. in Emerald Glen 283 12/7/93 DESCRIPTION !IT". D}\'I~E KIS:>. l'IU. Accepting Work & Directing Final Pay. to Mille Lacs Contract., Inc. for proj. 92-24 for Improv. of S. S., WM, St & storm Drain in area: Andover Blvd between Crosstown Blvd & Hanson Blvd. 284 12/7/93 Approving Change Order *2 to proj. 92-3 for Improv. of S.S., WM. , St. & storm Drain Const. in area of Pinewood Estates Phase I 285 12/7/93 Accepting Work & Directing Final Pay. to S.J. Louis Const. , Inc. for Proj. 92-3 for Improv. of S.S., WM, St. & storm Drain in Area: pinewood Est. phase I 286 12/7/93 Granting Special Use Permit Request of Tim Dugas to Operate a Home Occupation in Accessory structure at 17528 Flintwood st i//ó¿''-/3 NW 287 12/7/93 Granting Lot Split Request of Steve Hughs to Create 2 Parcels Pursuant to Ord. 40 288 12/7/93 Establishing 1994 Levy to be Certified to County Dept. of Property Tax Administration by city of Andover 289 12/16/93 Establishing 1994 Budgets for General Fund, Lower Rum River Water Management Org. Fund & The Debt Service Funds 290 12/16/93 Granting Special Use Permit Request of Murphy Oil USA, Inc. to install three (3 ) Underground storage Tanks for the Bulk Storage of Liquid Fuels on Property Located at 13650 //ô3S 1':'~ Hanson Blvd NW 291 12/21/93 UIS¡)CRIP'.fION N0 N\TE RES. NO. Granting Lot Split Request of Maris & Barbara schilling to Create Two ( 2 ) Parcels Pursuant to //63õJI ord. 40 292 12/21/93 Approving Variance Requested by steven Loudon to Ord. 8, Sect. 4.05(B) (1) to Allow for Construction of an Addition to an Accessory Structure Exceeding Total Sq. Ft. of Land Cover of Principal structure on Property Located at 1831 Crosstown Blvd NW 293 12/21/93 setting Fees for Permits, Rezonings, Special Use permits, Variances, Platting, License Fees Sewer User Fees, Water Fees, Lot Spli ts , Rental Fees & Various Other Fees 294 12/21/93 Establishing Permit Fees & Service Charges to be Collected by City of Andover & Amending Res. 002-93 setting forth such fees 295 12/21/93 Establishing Service Charges to be Collected in 1994 296 12/21/93 Establishing Sanitary Sewer Rates & S. Sewer Connection Charges, to be Effective January 1, 1994 Pursuant to Ord. 32, Res. No. 68-81, & Council Action May 28, 1987 297 12/21/93 Setting Rates for Permits, Connection Fees, Services, & Water Usage Pursuant to Ord. 55, Sect. 3 & Res. 101-81 298 12/21/93 UJ:.~,-1'(.Ll'T.LU1'l NP D""'E RES. NO. Approving Final plans & Specs & Ordering Advertisement for Bids for Proj. 93-10, SuperAmerica located in N.E. corner of intersection of Hanson Blvd. & Bunker Lk Blvd for S.Sewer, Watermain & Storm Drain Construction 299 12/21/93 Accepting Feas. Study Waiving Public Hearing Ordering Improv. & Directing city Engineer to Notify the property of the Improv. of Proj. 93-28 for Water- main in the area of 13828 Round Lake Blvd NW 300 12/21/93 Accepting Feas. Study, Waiving Public Hearing, Ordering Improv. & Directing City Engineer to notify property of the Improv. of proj. 93-29 for Watermain in area 13836 Rd Lk Blvd NW 301 12/21/93 Declaring Adequacy of Petition & Ordering Prep. of a Feas. Report for Impov. of WM, Proj. 93-29, in 13836 Round Lk Blvd area 302 12/21/93 Accepting Work & Directing Final payment to Mille Lacs Contracting for Proj. 93-2 for Irnprov. of Sanitary Sewer, Watermain, Street & Storm Drain in Pinewood Estates 2nd Add. 303 12/21/93 Authorizing the Transfer of Funds Dedicated to Oak Wilt Disease Control & the Creation of a Forestry Fund 304 12/21/93 Declaring Cost & Directing Prep of Assess. Roll for the Improv. of Sanitary Sewer, Watermain, St. & storm Drain, for Proj. 92-3, pinewood Estates & 93-2, Pinewood Estates 2nd Add. 305 12/21/93 DESCRIPTION NO· D}> orE RES. NO. Authorizing Transfer of Funds Dedicated to Improv. or Constr. of City Hall, Public Works or Fire Station Bldgs. & Creation of Building Construction Fund 306 12/21/93 CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. ROOl-93 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 1993 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 Marquette Bank Minneapolis, the Minnesota Municipal Money Market Fund, First Bank st Paul, First Bank Minneapolis, Norwest St Paul, American National Bank of St Paul, Twin City Federal Savings and Loan, Merrill Lynch, Dain Bosworth, Inc., Shearson Lehman Brothers, Dean Witter Reynolds, Inc., Piper Jaffray and Hopwood, Inc., Fidelity Investments, Smith Barney Harris upham and Co., Kidder Peabody and Co., and The Investment Emporium, be designated as additional depositories for 1993 for investment 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 5th day of January, 1993. CITY OF ANDOVER /) (J }ß ~ ATTEST: ~!. G . c..- /~" /" if- E. McKelve - Mayo (L;ÇuçJ tin!¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 002-93 A RESOLUTION ESTABLISHING PERMIT FEES AND SERVICE CHARGES TO BE COLLECTED BY THE CITY OF ANDOVER AND AMENDING RESOLUTION NO. 138- 91 SETTING FORTH SUCH FEES. The City Council of the City of Andover hereby ordains: The following permit fees and service charges are hereby established: Permit Fees Certificate of Occupancy $ 4.00 plan Check/Residential 25.00 Heating Installations 25.00 Air Conditioning Installations 15.00 Plumbing (per opening) 7.00 (minimum fee) 10.00 On-Site Septic System Installation 35.00 Sanitary Sewer Installation 25.00 Septic System Pumping 2.50 Water Installation (public) 50.00 Agricultural Building 5.00 Footing to Grade 15.00 Health Authority Certification 5.00 Escrow Inspection Fee 20.00 The permit fee schedule for the Building Department for 1993 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. Permit fee shall be based on the 1988 Uniform Building Code Schedule 3A. 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 5th day of January , 19 93. CITY OF ANDOVER ATTEST: ). F J7Îv,f¿ ktf4 J/E. MCKelvey - Mayor ?7 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R003-93 A RESOLUTION ESTABLISHING SERVICE CHARGES TO BE COLLECTED. The City Council of the City of Andover hereby ordains: The following service charges are hereby established for the year 1993: Service Charge well & Septic Locate $30.00/hour Special Assessment Search 12.00 City Maps 1.50 + sales tax Zoning Maps 3.00 + sales tax Copies (per sheet) .20 + sales tax Wage Assignments 3.00 Ordinance 8 20.00 + sales tax Ordinance 10 2.00 + sales tax All other ordinances 1.00 + sales tax Notary 3.00 Bad check fee 20.00 Topographical Maps 10.00/acre + sales tax Adopted by the City Council of the City of Andover this 5th day of January , 1993. CITY OF ANDOVER Attest: JY~' {~K~/1~ ~£¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 004-93 A RESOLUTION ESTABLISHING RENTAL HOUSING DWELLING LICENSING FEES, INSPECTION FEES AND REINSPECTION FEES PER ORDINANCE NO. 99. The City Council of the City of Andover hereby ordains: The following fees are hereby established for the year 1993: License fee per unit except owner occupied unit: $50.00 (This fee shall be for 2 inspections. The first inspection will be made at the time of license renewal and the second inspection upon completion of required corrections.) Reinspection fee per call: $30.00 (Any required inspection in excess of the 2 initial inspections and shall be payable at the time of the call or at the time of license renewal.) Adopted by the City Council of the City of Andover this "t-h day of .T;¡nll~ry , 1993. CITY OF ANDOVER Attest: ~. {. ~c- ~~~ ¿9' E. MCKelvey - Mayor . ~£¿¿ V1ctor1a Volk - city Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 005-93 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF RAINTREE REALTY, INC. TO CREATE TWO (2 ) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Raintree Realty, Inc. has requested a lot split to create a two ( 2 ) lots for the construction of single family homes on the property located at 165xx Makah Street NW, legally described as: The East 312.65 feet of Tract 0, REGISTERED LAND SURVEY NO. 72, Anoka County, Minnesota. Subject to the right-of-way Makah Street NW. The East 312.65 feet of Tract P, REGISTERED LAND SURVEY NO. 72, Anoka County, Minnesota. Subject to the right-of-way Makah street NW; 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 a park dedication fee of $400.00 pursuant to Ordinance No. 10, Section 9.07. for each lot created. 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 5th day of January, 1993. CITY OF ANDOVER !/ t }nc- JI vLr* ATTEST ~i& J1. E. MCKelvey, Ma or Victoria volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 006-93 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF FAMILY OF CHRIST LUTHERAN CHURCH TO ALLOW FOR THE CONSTRUCTION OF AN ADDITION TO THE CHURCH ON THE PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15-32-24-42-0004), LEGALLY DESCRIBED AS: That North 693 feet of the West 402 feet as measured along the West and North Line respectively, of the Northwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota. (EXCEPT Parcel 21, ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 2, according to the recorded plat thereof, Anoka County, Minnesota.) WHEREAS, the Family of Christ Lutheran Church has requested an Amended Special Use Permit to allow for the construction of an addition to the church located at 16045 Nightingale Street NW (PIN 15-32-24-42-0004), 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, 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 Planning and Zoning Commission finds the use will not significantly cause serious traffic congestions or hazards; and WHEREAS, the Planning and zoning Commission finds the use will not depreciate surrounding property and 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 Amended 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 Grace Lutheran Church to construct an addition to the church on said property with the following conditions: 1. The Amended 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 Amended Special Use Permit will be subject to annual review and site inspection by City Staff. Page Two Amended SUP Family of Christ Lutheran Church Resolution January 5, 1993 3. The applicant shall obtain approval of the City for a site plan review for the addition. Adopted by the City Council of the City of Andover on this 5th day of January, 1993. CITY OF ANDOVER ATTEST: (l r: ìf0~~ f' E. McKe vey, May ~W Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 007-93 A RESOLUTION DENYING THE VARIANCE REQUEST OF DAVID METZ TO ORDINANCE NO. 8, SECTION 6.02 WHICH REQUIRES A SIX (6' ) FOOT SIDEYARD SETBACK FROM THE INTERIOR LOT LINE WHEN THE RESIDENTIAL GARAGE OR CARPORT IS OVER TWENTY (20' ) FEET WIDE AND A FRONTYARD SETBACK OF THIRTY-FIVE (35' ) FEET UNLESS EXISTING STRUCTURE WOULD INDICATE A LESSER SETBACK ON THE PROPERTY LOCATED AT 13364 GLADIOLA STREET NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 2, LUNDGREN OAKRIDGE ADDITION. WHEREAS, David Metz has requested a variance to Ordinance No. 8, Section 6.02 which requires a six (6' ) foot sideyard setback from the interior lot line when a residential garage OR carport is over twenty (20') feet wide and a front yard setback of thirty-five (35' ) feet unless existing structures would indicate a lesser setback to maintain uniformity on the property located at 13364 Gladiola street NW, legally described as Lot 1, Block 2, LUNDGREN OAKRIDGE ADDITION; and 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 in that no hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning & Zoning Commission recommends to the City Council denial of the variance request as it does not meet the criteria of Ordinance No. 8, Section 5.04. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission and hereby denies the variance requested by David Metz located at 13364 Gladiola street NW, legally described as Lot 1, Block 2, LUNDGREN OAKRIDGE ADDITION. Adopted by the City Council of the City of Andover this 5th day of January, 1993. CITY OF ANDOVER ATTEST: J), r ~¡¿1~ ¡jr. E. McKelvey, May' ~áæ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 008-93 A RESOLUTION SETTING FEES FOR PERMITS, REZONINGS, SPECIAL USE PERMITS, VARIANCES, PLATTING, LICENSE FEES, SEWER USER FEES, WATER FEES, LOT SPLITS, RENTAL FEES AND VARIOUS OTHER FEES. The City Council of the City of Andover hereby ordains: The following fees are hereby established for the year 1993: Type of Fee Fee Ordinance Moving of Buildings 4 Up to 350 square feet $ 15.00 351 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/Rezoning 20.00 Special Use Permit 8 Commercial 190.00 Residential 150.00 Amended Special Use Permit 50.00 Recording Fee/Special Use 20.00 Variances Single Family 75.00 8 Other Requests 100.00 Sign Permits 1.00/sq. ft. 8 Plat Fees 10 Preliminary plat Filing Fee 50.00 preliminary plat per acre fee 7.50 Final plat Fee 20.00 Plat Escrow Deposit Urban lot per acre 50.00 Rural lot per acre 375.00 Sewer Availability Charge 750.00 13 Demolition permits 19 Single Family Structures 30.00 Two-family structures 40.00 Single/Double 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 25.00 22 Contractor Verification Fee 5.00 Boarding of Horses 10.00/day 23 Impoundment of Horses 25.00/hr/man Transportation (trailer rental) 40.00 Stable Fee 3.00 Non-Intoxicating Liquor Off Sale 40.00/yr. 28 On Sale 200.00/yr street Opening Permit 5.00 35 Lot Split Fee 100.00 40 Recording Fee/Lot Split 20.00 Junkyard License 200.00 44 1st reinspection fee 150.00 2nd reinspection fee 200.00 3rd reinspection fee 250.00 Cigarette License 25.00/yr 45 Outdoor Party Permit 5.00 51 Dog License 3.00/2 yrs. 53 Fire Hydrant Rental 75.00 deposit 55 + $.97/thousand gal. Intoxicating Liquor 56 On Sale Liquor 3,500.00/yr. On Sale Wine 500.00/yr. Off Sale Liquor 150.00/yr. Transient Merchant License 25.00/6 months 79 Adopted by the City Council of the City of Andover this 5th day of January , 1993. CITY OF ANDOVER Attest: t )JJu~ MCKelvey ~ta Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 009-93 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO. 92-30 , IN THE 1805 ANDOVER BOULEVARD NW AREA. WHEREAS, the City Council has received a petition, dated December 23, 1992 , 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 Councilman Knight- and adopted by the City Council at a regular Meeting thi s 5th day of January , 1993 , with Councilmen Perry, McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ;l2. );;~ ~~ ~ }ð. E. McKelvey - ~ Ita Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 010-93 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING CITY ENGINEER TO NOTIFY THE PROPERTY OF THE IMPROVEMENT OF PROJECT 92-30 FOR SANITARY SEWER AND WATERMAIN IN THE FOLLOWING AREA 1805 ANDOVER BOULEVARD NW . WHEREAS, the City Council did on the 5th day of January , 19 93 , order the preparation of a feasibility study for the improvements; and WHEREAS, such feasibility study was prepared by City Engineer and presented to the Council on the 5th day of January , 19 93 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 6,383.40 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 6,383.40 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to send a letter that sewer and water is available and the property would be assessed over a 10 year period. MOTION seconded by Councilman Knight and adopted by the city Council at a regular Meeting thi s 5th day of January , 19--.2l, with Councilmen Perrv. McKelvev. Jacobson, Kniqht voting in favor of the resolution and Councilmen nonF! voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: IJ~"(!:;·I(~, ~dd Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ROll-93 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF GARY AND SUSAN JOHNSON TO CREATE TWO ( 2 ) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Gary and Susan Johnson have requested to split a two and one-half (2.5 a) acre from a large tract of land to construct a single family home on the property generally located at 1101 161st Avenue 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. 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 a park dedication fee of $400.00 pursuant to Ordinance No. 10, Section 9.07. 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 January, 1993. CITY OF ANDOVER (I f )l!fd~~Yor ATTEST ,~Ú V1ctor1a Volk, City Clerk .~. CITY of ANDOVER C·;: ~\') 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 , , ' "0. ."_ EXHIBIT A All that part of the Northeast Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota, lying on the westerly side of the right-of-way of the Burlington Northern Railroad, except a strip of land in the Northeast corner thereof described as follows: Commencing at a point where said railroad intersects the North line of said Northeast Quarter of Section 14, Township 32, Range 24; thence South along the westerly side of said right-of- way, 32 rods, more or less, to the private crossing of said property; thence West at right angles 3 rods; thence North at right angles and parallel with said railroad right-of-way 32 rods, more or less, to the North line of said Northeast Quarter of Section 14, Township 32, Range 24; thence East at right angles 3 rods to the point of commencement. Also except the West 300 feet of the South 363 feet of the Northeast Quarter of Section 14, Township 32, Range 24, lying on the Westerly side of the right-of- way of the Burlington Northern Railroad. ALSO EXCEPT Parcel 49, ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT NO. 20, Anoka County, Minnesota. Subject to an easement to Minnesota Intrastate Transmission System over a strip of land 30 feet in width across the above described parcel, being 15 feet on either side of the following described center line, to-wit: Commencing at the intersection of the North line of Section 14, Township 32, Range 24, Anoka County, Minnesota and the Westerly line of the Burlington Northern Railroad right-of- way; thence West along said North line a distance of 25 feet to the point of beginning of the center line to be described; thence Southerly parallel with the railroad to a point on the South line of the Northeast Quarter of Section 14, and there ending. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 012-93 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF LARRY EMMERICH TO CREATE TWO ( 2 ) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Larry Emmerich has requested to split a 7+ acre parcel in half to construct a single family home on the property generally located at 16416 valley Drive, legally described on Exhibit A. 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 a park dedication fee of $400.00 pursuant to Ordinance No. 10, Section 9.07. 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 January, 1993. CITY OF ANDOVER (), 7! llk ¡¿~ ATTEST {l' E. McKelvey, M r L1~ ia City Clerk victoria Volk, EXHIBIT A That part of the Northwest Quarter of the Northwest Quarter of Section 17, Township 32, Range 24, Anoka County, Minnesota which lies westerly of the center line of County Road No. 58 (aka Valley Drive) and lying northerly of the following described line: Commencing at the interior of the north line of said Quarter, Quarter with the center line of said road; thence southerly along said center line 749.2 feet to the place of beginning of the line to be described; thence westerly to a point on the west line of said Quarter, Quarter, 570 feet north of the southwest corner thereof; Except Roads, Subject to easements of record. · ----. ----._"'"------. ___u, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 013-93 A RESOLUTION DENYING THE VARIANCE REQUEST OF BUILDERS PLUS, INC. TO ORDINANCE NO. 8, SECTION 6.02 WHICH REQUIRES A FIFTEEN (15' ) FOOT SIDEYARD SETBACK FROM THE INTERIOR LOT LINE ON THE PROPERTY LOCATED AT 14471 BLUEBIRD STREET NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 1, OLD COLONY ESTATES. WHEREAS, Builders Plus, Inc. has requested a variance to Ordinance No. 8, Section 6.02 which requires a total setback of fifteen (15' ) feet from the side interior property line when the plans for the principal structure accommodate an access for a deck on the property located at 14471 Bluebird Street NW, legally described as Lot 1, Block 1, OLD COLONY ESTATES; and 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 in that no hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning & Zoning Commission recommends to the City Council denial of the variance request as it does not meet the criteria of Ordinance No. 8, Section 5.04. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the planning & Zoning Commission and hereby denies the variance requested by Builders Plus, Inc. located at 14471 Bluebird Street NW, legally described as Lot 1, Block 1, OLD COLONY ESTATES. Adopted by the City Council of the City of Andover this 19th day of January, 1993. CITY OF ANDOVER ATTEST: f) f Jl!c-~~ ~tfæ (11' E. McKelvey, yor V~ctor~a Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 014-93 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 161ST 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 15-32-24-14-0001); 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 19th day of January, 1993 CITY OF ANDOVER , t~ ATTEST: Ú· I{,/¿ Vlct~ volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R015-93 A RESOLUTION APPOINTING JUDGES FOR THE SPECIAL PRIMARY ELECTION TO BE HELD TUESDAY, FEBRUARY 9, 1993 AND THE SPECIAL GENERAL ELECTION TO BE HELD TUESDAY, MARCH 2, 1993 IN THE CITY OF ANDOVER, MINNESOTA. The City Council of the City of Andover hereby resolves: The persons as shown below are hereby appointed judges for the special primary Election to be held on Tuesday, February 9, 1993 and the Special General Election to be held on Tuesday, March 2, 1993 in the City of Andover: Precinct *2 - Riverdale Assembly of God Church Diane Patchen, Chief - IR Alice Gelling - IR Rosemary Kirkevold - DFL Cleo Smith - DFL Darlene Stone - IR Mabel Ottenstroer - DFL Rene Kroll - DFL Precinct #3A - Andover Fire Station #1 Sharon Rzeszutek, Chief - IR Mary May - DFL Terry VanNote - IR Delores Meyers - DFL Cindy Ryhn - IR Adopted by the City Council of the City of Andover this 19th day of January , 1993. CITY OF ANDOVER ATTEST: ~. £. Jíf(> <~ .E. MCKelvey - Mayor L~~ Vlctorla Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Roli..-93 A RESOLUTION AMENDING THE 1993 GENERAL, WATER AND SEWER FUND BUDGETS. WHEREAS, the City Council of the city of Andover has adopted Resolution Numbers R220-92 and R227-92 which established the 1993 budgets for the General and Enterprise Funds respectively; and WHEREAS, the City Council has taken action to reallocate the distribution of resources between the operating departments within the adopted budgets; and WHEREAS, the city Council of the City of Andover deems it necessary to amend the adopted budgets so that financial reports properly state the effects of these actions. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the 1993 budgets for the General, Water and Sewer Funds are hereby amended as shown on Attachment A. Adopted by the City Council of the City of Andover this 19th day of January , 1993. CITY OF ANDOVER ATTEST: tl f· Ì1/~ )(~ fl. E. McKelvey - Ma r vl~ ~ - City Clerk ATTACHMENT A GENERAL FUND AMENDMENTS ======================= Increase Increase (Decrease) (Decrease) in in Amendment Purpose Revenue Expenditures 1. Implementation of 1993 Wage and Salary plan...... $ -0- $ -0- ========== --------- --------- Breakdown by Function: General Government 36,464 Public Safety 6,502 Public Works 12,830 Park and Recreation 3,301 Recycling 542 Economic Development 1,448 Contingency (61,087) 2. Implementation of Central Equipment Fund $ -0- $ -0- ========= ========= Breakdown by Account: Gas - Vehicles (8,826) Diesel Fuel (14,150) R/M Supplies-Vehicles (40,291) Insurance-Vehicles (19,081) R/M Labor-Vehicles (23,345) Rental of City Equip. 105,693 3. Consolidation of Mayor and City Council Reporting $ -0- $ -0- ========== ========== Breakdown by Classification: Mayor (3,984) City Council 3,984 4 . Separation of Tree and Weed Control $ -0- $ -0- ========= ========= Breakdown by Classification: Trees and weed Control (27,018) Tree Preservation and Maint. 18,509 Weed Control 8,509 Total General Fund $ -0- $ -0- ========= ========= ATTACHMENT A (Con't) WATER FUND AMENDMENTS ====================== Increase Increase (Decrease) (Decrease) in in Amendment Purpose Revenue Expenditures 1. Implementation of 1993 wage and Salary plan...... $ -0- $ -0- ========= ========= Breakdown by Function: Distribution 6,055 Contingency (6,055) 2. Implementation of central Equipment Fund $ -0- $ -0- --------- ========= --------- Breakdown by Account: Gas - Vehicles (650) Diesel Fuel (1,000) R/M Supplies-Vehicles (2,000) Insurance-Vehicles (225) R/M Labor-Vehicles (1,500 ) Rental of City Equip. 5,375 --------- --------- Total Water Fund $ -0- $ -0- ========= ========= SEWER FUND AMENDMENTS ====================== Increase Increase (Decrease) (Decrease) in in Amendment Purpose Revenue Expenditures 1. Implementation of 1993 Wage and Salary plan...... $ -0- $ -0- --------- --------- --------- --------- Breakdown by Function: Collection 1,216 Contingency (1,216) 2. Implementation of Central Equipment Fund $ -0- $ -0- --------- --------- --------- --------- Breakdown by Account: Gas - Vehicles (950 ) Diesel Fuel (570) R/M Supplies-Vehicles (2,000) Insurance-Vehicles (1,460 ) R/M Labor-Vehicles (2,500) Rental of City Equip. 7,480 --------- --------- Total Sewer Fund $ -0- $ -0- --------- --------- --------- --------- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO'017-93 A RESOLUTION APPROVING THE FINAL STREET CONSTRUCTION FOR STREET AND STORM DRAIN CONSTRUCTION FOR KOB'S FIRST ADDITION AS BEING DEVELOPED BY KENNETH M. & BEVERLY A. KOBS IN SECTION 8-32-24. WHEREAS, the developer has completed the rural residential street construction consistent to the Standard Specifications for Rural Residential Street Construction for 5 Ton Bituminous Surface on 2.5 Acre Lot Development. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final street construction of Kob's First Addition contingent upon the following: 1. That the 1 year maintenance bonds include all improvements made but not limited to, the following: subgrade, Class V, bituminous, storm sewers, topsoil, seeding, etc. are in place until June 10, 1993. Adopted by the City Council of the City of Andover this 19th day of January , 19 93. CITY OF ANDOVER ATTEST: 0, g. 1Iif~ V~% {1Æf- City Clerk ,. E. McKe v y -~YOr ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO'018-93 A RESOLUTION APPROVING A 40 MPH SPEED LIMIT ALONG UNIVERSITY AVENUE EXTENSION BETWEEN CONSTANCE BOULEVARD (COUNTY ROAD 60) AND 166TH AVENUE NW IN THE CITY OF ANDOVER. WHEREAS, 40 MPH speed limit signs contingent upon curves and hazards being signed in accordance with the Minnesota Manual on Uniform Traffic Control Devices; and WHEREAS, MNDOT has given authorization to lower the speed limit to 40 MPH; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the 40 MPH speed limit be posted along University Avenue Extension between Constance Boulevard (County Road 60) and 166th Avenue NW. Adopted by the City Council of the City of Andover this 19th day of January , 19 93. CITY OF ANDOVER ATTEST: (j, r: ?Ik ~J~ ~f/I#- ~. E. MéKe vey - M or victoria Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.OI9-93 A RESOLUTION APPROVING THE REVISED GRADING AND DRAINAGE PLAN OF PHEASANT MEADOWS AS BEING DEVELOPED BY HOKANSON DEVELOPMENT, INC. IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised grading and drainage plan; and WHEREAS, Resolution No. 090-92 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading and drainage plan with a revision date of December 17, 1992 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading and drainage plan. Adopted by the City Council of the City of Andover this 19th day of January , 19 93. CITY OF ANDOVER ATTEST: ß t J¡{.¡,f!~ {Y. E. McKe vey - yor ~rf¿¿ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R020-93 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 92-20, WOODLAND CREEK 3RD ADDITION FOR STREETS AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 191-92, adopted by the City Council on the 6th day of october , 19 92 , TKDA has prepared final plans and specifications for Project 92-20 for STREETS AND STORM DRAIN construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of January , 19 93 . 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 , Friday, February 12 , 19~ at the Andover City Hall. MOTION seconded by Councilman Perry and adopted by the City Council at a regular meeting this 19th day of January , 19~, with Councilmen McKelvey. DaJien. Perry, ~a~nh~nn, KnighT voting in favor of the resolution and Councilmen nnnp voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~. ~. J1J. t~ ð. E. MCKeí'vey - M or ~~ - Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO O()2l-93 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAINS , PROJECT NO. 92-29 , IN THE ECHO RIDGE AREA. WHEREAS, the city Council has received a petition, dated December 30, 1992 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000.00 . 3. The proposed improvement is hereby referred to TKDA , and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman Perry and adopted by the City Council at a Regular Meeting thi s 19th day of January , 1993 , with Councilmen Knight. Dalien, McKelvey, Jacobson, Perry voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ;. E~ M/r.'ívf:tr, i£~ Idb Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R022-93' MOTION by Councilman Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO CENTRAL LANDSCAPING INC. FOR PROJECT NO. 91-10 FOR THE IMPROVEMENT OF STREET CONSTRUCTION IN THE FOLLOWING AREA: 159TH LANE, SWALLOW STREET & QUINN STREET . WHEREAS, pursuant to a written contract signed with the City of Andover on September 16 , 19 91 , Central Landscaping Inc. of Forest Lake, MN has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilman Perry and adopted by the City Council at a regular meeting thi s 19th day of January , 19 93 , with Councilmen Dalien, Kniqht, Jacobson, McKelvey, Perry voting in favor of the resolution, and Councilmen T\l"'\Y\c::». voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ayor £~~ Victona Vo k - Ci ty Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 023-93 A RESOLUTION APPROVING THE REVISED GRADING AND DRAINAGE PLAN OF HIDDEN CREEK EAST 5TH ADDITION AS BEING DEVELOPED BY GOOD VALUE HOMES, INC. IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised grading and drainage plan; and WHEREAS, Resolution No. 167-86 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading and drainage plan with a revision date of January 19, 1993 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading and drainage plan. Adopted by the City Council of the City of Andover this 19th day of January , 19 93. CITY OF ANDOVER ATTEST: j: f.ð:'íl{}~o, ~/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R024-93 MOTION by Councilman Perry to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREETS AND STORM DRAIN PROJECT NO. 92-25 IN THE UNIVERSITY AVENUE EXT. FROM l52ND AVENUE TO CONSTANCE BOULEVARD AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 224-92 of the City Council adopted on the 15th day of December , 19 92 , fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 2nd day of February , 19 93 ; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement project No. 92-25 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Comstock & Davis, Inc. as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilman .J;:J C 0 h ~ n n and adopted by the City Council at a regular meeting thi s 2nd day of February , 19 93 , with Councilmen M£K~l-~y, KaígRt, Dalien. Perrv~ Jacobgon voting in favor of the resolution, and Councilmen nnnA voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J~.r~c!!:~er~~r ~, (,ß ~Ó, Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R025-93 MOTION by Councilman T;:¡rnhc:.nn to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREETS AND STORM DRAINS PROJECT NO. 92-24 IN THE ANDOVER BOULEVARD FROM CROSSTOWN BOULEVARD TO HANSON BOULEVARD AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 223-92 of the City Council adopted on the 15th day of December , 19 92 , fixed a date for a public hearTï'i"g"ï and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 2nd day of February , 19 93 ; and - WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement project No. 92-24 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilman Perry and adopted by the City Council at a regular meeting this 2nd day of February , 19 93 , with Councilmen Dalip-n. pprry Knight, McKelvey. Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ! lJ/G& ? E. McKe vey May i;t~ (fb Victoria Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 026-93 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ABE BARGHOUT TO OPERATE A CONVENIENCE STORE ON THE PROPERTY LOCAEED AT 3131 161ST AVENUE NW, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Abe Barghout has requested a Special Use pe:mit to operate a convenience store on the property located at 3131 161st Avenue NW, legally described on Exhibit A¡ and WHEREAS, the Planning and Zoning Commission has reviJwed 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 th, proposed use will not be detrimental to the health, safety a .ld general welfare of the occupants of the surrounding lands; a ld WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommenis to the City Council approval of the Special Use Permit requestei. 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 Abe Barghout to oper,te a convenience store at said property with the following condit cons: 1- The Special Use Permit will be subject to annual review and site inspection. 2. The Special Use Permit will be subject to a suns,t clause as defined in Ordinance No. 8, Section 5. 13(D). 3. The building be inspected by the Building Offici ,1 for code compliance. 4. The parking facilities meet the requirements of ordinance No. 8, Section 8.08. Adopted by the City Council of the City of Andover 0, this 2nd day of February, 1993. CITY OF ANDOVER t );Jc j{, ATTEST: E. McKelvey, May, £~~ 14 Victoria Volk, City Clerk EXHIBIT A LEGAL DESCRIPTION UNPLATTED CITY OF ANDOVER - THAT PART OF THE SOUTHWEST QUART;R OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 32, RANGE 24, ,NOKA COUNTY, MINNESOTA DESCRIBED AS FOLLOWS: COMMENCING ON THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QJARTER OF SECTION 16; THENCE WESTERLY ON THE SOUTH LINE OF SAID QUA{TER A DISTANCE OF 461 FEET TO THE ACTUAL POINT OF BEGINNING; THEN;E NORTHERLY PARALLEL TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER TO A POINT A DISTANCE OF 2,106.01 FEET SOUTH OF THE NORTH LINE OF SECTION 16; THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF SAID QUARTER TO A POINT A DISTANCE OF 650 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTHERLY PARALLEL TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER A DISTANCE OF 78.)8 FEET; THENCE WESTERLY PARALLEL TO THE SOUTH LINE OF THE SOUTfWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16 TO A POINT 37).42 FEET EAST OF THE WEST LINE OF SAID QUARTER; THENCE SOUTHERLY PARALLEL TO THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER TO A POINT ON THE SOUTH LINE OF SAID QUART3R QUARTER A DISTANCE OF 370.42 FEET EAST OF THE SOUTHWEST CORN3R OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16: THENCE EASTERLY ON THE SOUTH LINE OF SAID QUARTER TO THE POIJT OF BEGINNING; EXCEPT ROAD; SUBJECT TO EASEMENTS OF RECORD. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 02 7 - 9 3 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF TIMBER MEADOWS AS BEING DEVELOPED BY WOODLAND DEVELOPMENT, INC. IN SECTION 8, 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 without opposition and reviewed the preliminary plat of Timber Meadows; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such hearing the Planning and Zoning Commission recommends approval of the plat citing the following: 1. Variance for Lots 4 & 5 of Block 4 and Lots 4 & 11 of Block 3 from Ordinance 10, Section 9.06 a(3) as the lots are less than the minimum requirements for lot area (minimum of 108,900 feet squared is requi red) . 2. Variance for Lot 14, Block 3 will require a variance from Ordinance 10, Section 9.02 (c) as the lot is proposed to front on a collector street (designated as MSA). 3 . Variance for Lot 13, Block 3 will require a variance from Ordinance 10, Section 9.06 a(3) as the lot does not meet the 300 feet requirement at the front setback line. 4. The preliminary plat, grading, drainage and erosion control plan and tree protection plan be revised to indicate Poppy street NW as a connection between 167th Lane NW and 168th Lane NW. Without this connection 167th Lane NW will exceed the maximum allowed as indicated in Ordinance 10, Section 9.05 (a) . 5. Street plan and profile is required to be submitted, reviewed and approved by the City Engineer prior to any construction along with storm sewer. 6. woodland Development, Inc. has an agreement regarding the existing building on Lot 8, Block 3. All buildings are required to be removed by December 31, 1994. When new structures are built on the lot, the vehicle access is required to be on 167th Lane NW. 7. The developer is responsible to obtain all necessary permits from the Watershed Management Organization, DNR, Corps of Engineers, LGU and any other agency that may be interested in the site. 8. The Park and Recreation Commission is recommending cash in lieu of land. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Timber Meadows. Adopted by the City Council of the City of Andover this 2nd day of February , 19 93. CITY OF ANDOVER ATTEST: ¡J t )/;;,- ~J~ ¿:Y' E, MCKelvey - yor &~¡þ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 028-93 A RESOLUTION GRANTING THE REZONING REQUEST OF TONY EMMERICH CONSTRUCTION, INC. TO REZONE PROPERTY TO BE KNOWN AS ECHO RIDGE, LEGALLY DESCRIBED ON EXHIBIT A FROM I, INDUSTRIAL TO R-4, SINGLE FAMILY URBAN. WHEREAS, Tony Emmerich Construction, Inc. has requested a rezoning from I, Industrial to R-4, Single Family Urban on the property 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 No. 8, Section 5.03(B) and that there is no negative effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding lands; there will be no negative effects on the values of property and scenic view in the surrounding area; and WHEREAS, the Planning and zoning Commission finds that the request is also in compliance with Ordinance No. 8, Section 5.02; and WHEREAS, a public hearing was held and there was no opposition to said rezoning; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the rezoning 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 rezone the property legally described on Exhibit A from I, Industrial to R-4, Single Family Urban. Adopted by the City Council of the City of Andover on this 2nd day of February, 1993. CITY OF ANDOVER ATTEST ¡{;¿--~ £æ City Clerk Victoria volk, EXHIBIT A LEGAL DESCRIPTION That part of Lot 11, WATT'S GARDEN ACRES, Anoka County, Minnesota lying west of the East 385.00 feet of said lot 11. That part of Lot 12, WATT'S GARDEN ACRES, Anoka County Minnesota which lies west of the east 385.00 feet of said lot 12 and south of a line parallel with a distant 40.00 feet south of the following described line: commencing at the northwest corner of said lot 12; thence North 0 degrees 09 minutes 11 seconds East, along the east line of Jay street as dedicated in said plat of WATT'S GARDEN ACRES, a distance of 40.01 feet to a line which is parallel with and distant 40.00 feet north of the north line of said lot 12, and the Point of Beginning of the line to be described; thence South 88 degrees 52 minutes 58 seconds East, parallel with said North line of Lot 12, a distance of 289.90 feet; thence easterly a distance of 248.33 feet along a tangential curve concave to the south central angle of 16 degrees 12 minutes 58 seconds, and radius of 877.41 feet; thence South 72 degrees 40 minutes 00 seconds East, tangent to the last described curve, a distance of 219.16 feet; thence southeasterly a distance of 295.29 feet along a tangential curve concave to the southwest, central angle of 24 degrees 50 minutes 00 seconds, and radius of 681. 29 feet; thence southeasterly a distance of 267.94 feet along a reverse tangential curve concave to the northeast, central angle of 41 degrees 01 minutes 11 seconds, and radius of 374.25 feet; thence South 88 degrees 51 minutes 11 seconds East, tangent to the last described curve, a distance of 48.00 feet to the east line of said Lot 12 and there terminating. That part of Lot 12, WATT'S GARDEN ACRES described as follows: Beginning at the northwest corner of Lot 12; thence East a distance of 125 feet; thence South a distance of 100 feet; thence West a distance of 125 feet to a point on the East right-of-way line of the County Road; thence North along said East right-of-way line a distance of 100 feet to the point of beginning, according to the plat thereof on file in the office of the Registrar of Titles of Anoka county, Minnesota. Subject to easements, building lines and building restrictions (if any) of record, and subject to zoning and building laws, ordinances and regulations. Page Two Rezoning - Echo Ridge Tony Emmerich Construction, Inc. Exhibit A That part of Jay street NW as dedicated in the plat of WATT'S GARDEN ACRES, Anoka County, Minnesota which lies south of the westerly extension of the North line of Lot 12, WATT'S GARDEN ACRES and terminates at the westerly extension of the South line of Lot 11, WATT'S GARDEN ACRES, Anoka County, Minnesota. CITY OF ANDOVER c.OUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 029-93 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF ECHO RIDGE AS BEING DEVELOPED BY TONY EMMERICH CONSTRUCTION, INC. IN SECTION 34, 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 without opposition and reviewed the preliminary plat of Echo Ridge; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such hearing the Planning and zoning Commission recommends approval of the plat citing the following: l. variance for Lots 1, 11, 12, 13, 20 and 21, Block 1 from Ordinance 10, Section 9.06 ( f) as future Commercial Boulevard (136th Avenue NW) is considered a collector street (designated as a MSAS) not an arterial street. These lots would have double frontage with the possibility of Commercial Boulevard being constructed. 2. That Jay Street NW be vacated to avoid future problems from buses and other vehicles which are not from this area to use this as a shortcut to get to the industrial area. 3. That Lot 9, Block 1 and Lot 2, Block 2 which have existing buildings be brought to meet the intent of the Uniform Building Codes and applicable City Ordinances. The City also requires these lots to be connected to municipal sanitary sewer and water system. 4. The developer and adjacent property owners (Andover Wheel and Frame and Roger's Auto Body) to negotiate to the parcels that are or will be considered remnant lots. 5. The developer is responsible to obtain all necessary permits from the Watershed Management Organization, DNR, Corps of Engineers, LGU and any other agency that may be interested in the site. 6. The Park and Recreation Commission is recommending cash in lieu of land. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Echo Ridge. Adopted by the City Council of the City of Andover this 2nd day of February , 19 93. CITY OF ANDOVER ATTEST: ¡ t );;{~ ¡r. E. MCKelvey - May~ ,Ú~J da Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.030-93 MOTION by Councilman Perry to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 92-29 FOR S.S., WM, ST, AND STORM DRAINS IN THE FOLLOWING AREA ECHO RIDGE . WHEREAS, the City Council did on the 19th day of January , 19 93 , 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 2nd day of February , 19 93 ; 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 $ 474,100.00 . 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 $ 474,100.00 , 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 $ 21,000.00 with such payments to be made prior to commencement of work on the plans and speci fications. MOTION seconded by Councilman Jacobson and adopted by the City Council at a regular Meeting this 2nd day of February, 19-21, with Councilmen Knight, Perry, Jacobson, Dalien, McKelvey voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fl ç: )7k¡(4~ jv. E. MCKelvey -. yor Ú~tß victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R031-93 MOTION by Councilman Jacobson to adopt the following: " A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN PROJECT NO. 93-6 , IN THE 1) APPROXIMATELY 300 FEET EAST OF ROUND LAKE BOULEVARD ON BUNKER LAKE BOULEVARD 2) ALONG THE WEST SIDE OF ROUND LAKE BOULEVARD BETWEEN BUNKER LAKE BOULEVARD AND 139TH AVENUE NW 3) ALONG THE EAST SIDE OF ROUND LAKE BOULEVARD BETWEEN 134TH LANE NW AND 136TH LANE NW AREA. WHEREAS, the city Council of the City of Andover is cognizant of the need for improvements, specifically watermain in the following described area: 1) Approximately 300 feet east of Round Lake Boulevard on Bunker Lake Boulevard 2) Along the west side of Round Lake boulevard between Bunker Lake Boulevard and .139th Avenue NW 3) Along the east side of Round Lake Boulevard between 134th Lane NW and 136th Lane NW ; and 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 Councilman P.rrv and adopted by the . City Council at a Regular meeting this 2nd day of February , 19 93 , with Councilmen Dalien, Jacobson, Perry, McKelvey, Knight voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Ä' E /&/(eL~? ATTEST: ~ E. McKelvey - M~r IÚ:~ ~. Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R032-93 MOTION by Councilman Perry to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 92-13 , WATER SYSTEM FOR PUMPHOUSE *4 AND CONTROLS CONSTRUCTION. WHEREAS, pursuant to Resolution No. 138-92, adopted by the City Council on the 4th day of August, 1992, TKDA has prepared final plans and specifications for-Project 92-13 for pumphouse *4 and controls construction; and - WHEREAS, such final plans and specifications were presented to the city Council for their review on the 2nd day of February , 1993. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plans and specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. Friday, February 26, 1993 at the Andover City Hall. MOTION seconded by Councilman Knight and adopted by the City Council at a regular meeting this 2nd day of February, 1921, with Councilmen Dalien, McKelvey, Jacobson, Perry, Knight voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. CITY Attest: Ú~ £¿£ Victoria Volk, City Clerk ._-----..~----.._- --.-------- ---.- -----."---_.----------"- --. --- -..._--~ "------ "---- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R033-93 A RESOLUTION DESIGNATING THE QUAD CITIES CABLE COMMUNICATIONS COMMISSION AS THE PRODUCER OF THE CITY COUNCIL MEETINGS AND OTHER DESIGNATED CITY MEETINGS. WHEREAS, the City of Andover desires that its citizens who subscribe to cable television in the city receive access to City Council metings and other city meetings; and WHEREAS, the city is a member of the Quad Cities Cable Communications Commission; and WHEREAS, the Commission is capable of providing the resources, equipment and personnel for the cablecasting of the abovementioned city meetings; and WHEREAS, the city is desirous of designating the Commission as the producer of such city meetings. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that the Quad Cities Cable Communications Commission is hereby designated as the producer of the City Council meetings and other designated city meetings. FURTHER, that the Commission, as producer, is the owner of all such tapes produced in the production of such city meetings. FURTHER, that such tapes shall not be deemed, for any purpose whatsoever, to be the official record of such Council meeting, which official record shall be the duly prepared, adopted and recorded minutes of such meetings. FURTHER, that the Commission, as producer, shall assume responsibility for production, taping, cablecasting, replay, storage, dubbing and disposal of any and all tapes of such meetings. Adopted by the City Council of the City of Andover this 2nd day of February , 1993. CITY OF ANDOVER Attest: 1). t $CÆ{L~7 tiE. McKelvey, Mayo~ 1z~¡jd City Clerk Victoria Volk, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R034-93 MOTION by Councilman Knigh< to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO HENNEN CONSTRUCTION FOR PROJECT NO. 91-27 FOR THE IMPROVEMENT OF STREET AND STORM DRAINAGE CONSTRUCTION IN THE FOLLOWING AREA: THE MEADOWS OF ROUND LAKE . WHEREAS, pursuant to a written contract signed with the City of Andover on July 7 , 19 92 , Hennen Construction of Rogers, 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 Councilman Jacobson and adopted by the City Council at a regular meeting this 2nd day of February , 19 93 , with Councilmen Mc.KplvPYr pprry. D;:I1;pn, Kní~ht. .Tacobson voting in favor of the resolution, and Councilmen nonp voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ' f)::%d - ayor &~L Victoria J;;ff - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R03S-93 MOTION by Councilman KniRht to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO HENNEN CONSTRUCTION FOR PROJECT NO. 91-27 FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN CONSTRUCTION IN THE FOLLOWING AREA: THE MEADOWS OF ROUND LAKE . WHEREAS, pursuant to a written contract signed with the City of Andover on May 26 , 19 92 , Hennen Construction of Rogers, 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 Councilman Jaeggggp and adopted by the City Council at a regular meeting this 2nd day of February , 19 93 , with Councilmen Dalien. Perry. McKelvey, KniRht, Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ' r J;J{../ ¿ ayor ~dæ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R036-93 MOTION by Councilman Knignt to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO HANK WEIDEMA EXCAVATING FOR PROJECT NO. 92-2 FOR THE IMPROVEMENT OF SS, WM, STR, AND STORM DRAINS WITH CONCRETE CURB AND GUTTER IN THE FOLLOWING AREA: WEYBRIDGE 2ND ADDITION . WHEREAS, pursuant to a written contract signed with the City of Andover on May 19 , 19 92, Hank Weidema Excavatin1 of Brooklyn Park, MN has sat1sfactorily completed the constructlon 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 Councilman Jacobson and adopted by the City Council at a regular meeting this 2nd day of February , 19 93 , with Councilmen Dalipn. Perry_ McKelvey_ Kni~ht. .Tacoh~on voting in favor of the resolution, and Councilmen nnnp voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: . f)2%Y~ E. MCKelvey ayor ~ ¿(ø Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R037-93 MOTION by Councilman To~~ho~n to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 93-2 FOR S.S., WM, ST, AND STORM DRAINS IN THE FOLLOWING AREA PINEWOOD ESTATES 2ND ADDITION . WHEREAS, the City Council did on the 5th day of Ma* ' 19 92 , order the preparation of a feasibility study for t e improvements; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 2nd day of June , 19 92 ; 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 $ 297,300.00 . 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 $ 297,300.00 , 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 $ 20,000.00 with such payments to be made prior to commencement of work on the plans and specifications. MOTION seconded by Councilman D~l ;pn and adopted by the City Council at a regular Meeting this 2nd day of February, 1921, with Councilmen Perry Knight 'IrKe]vpy. 'erobson. De] ipn voting in favor of the resolution and Councilmen nnnp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~t ~a~/ . E. McKe vey - MaýØr iA~ dæ Victor~a Volk - City Clerk CITY OF ANDOVER .. COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 038-93 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF SS, WM, STR. AND STORM DRAINS , PROJECT NO. 92-27 IN THE AREAS ALONG COMMERCIAL BOULEVARD BETWEEN OSAGE STREET NW AND HANSON BOULEVARD . WHEREAS, pursuant to Resolution No. 218-92, adopted the 1st day of December, 19 92 and Resolution No. adopted ~ 2nd day of February, 19 93 , a Feasibility Report has been -- prepared by TKDA ---- for the improvements; and WHEREAS, such report was received by the City Council on the 2nd day of February , 19 93 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 1,004,400.00 . 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. 92-27 , for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 1,004,400.00 . 3. A public hearing shall be held on such proposed improvement on the 2nd day of March , 19 93 in the Council Chambers of the City Hall at 7:30 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilman Perry and adopted by the City Council at a regular meeting this 2nd day of February , 19 93 , with Councilmen McKelvey. Da!ien. Perrv. Jacobson. Kniqht voting in favor of the resolution, and Councilmen nnnp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER , ~. Îth X ATTEST: E. McKe vey Mayor Ib~ Victoria Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 039-93 MOTION by Councilman ~Tacoh~on to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 92-16 FOR S.S. , WM, ST, AND STORM DRAINS IN THE FOLLOWING AREA PHEASANT GLEN . WHEREAS, the City Council did on the 16th day of June , 19 92 , 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 2nd day of February , 19 93 ; 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 $ 212,700.00 . 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 $ 212,700.00 , 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 $ 15,000.00 with such payments to be made prior to commencement of work on the plans and specifications. MOTION seconded by Councilman perry and adopted by the City Council at a regular Meeting this 2nd day of February, 19-2l, with Councilmen Dalien, McKelvey, Kniqht. Jacobson. Perry voting in favor of the resolution and Councilmen nnnp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J~.r¿ ~cJ¡l~ef- ~ LLiIb· Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 040-93 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF SANITARY SEWER, STREETS, WATERMAIN, STORM DRAINS PROJECT NO. 92-27 , IN THE AREA BETWEEN OSAGE STREET NW AND JAY STREET NW ALONG PROPOSED COMMERCIAL BOULEVARD . WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically sanitary sewer, streets, watermain and storm drains in the following described area: along Commercial Boulevard between Osage Street NW and Jay Street 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 TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman Dalien and adopted by the City Council at a Regular meeting this 2nd day of February , 19 93 , with Councilmen McKelvey, Perry, Dalien, Jacobson, Kniqht voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ,r, nk¡¿ ATTEST: E. McKe vey - Mayo £~út Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 041-93 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF JOHN AND VALERIE REYNOLDS TO CREATE TWO ( 2 ) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, John and valerie Reynolds have requested a lot split and variance to create two ( 2 ) lots for the sale and construction of single family homes on the property located at 159th Avenue NW and Narcissus Street NW (PIN 17-32-24-44-0002) legally described as: The North Half of the southeast Quarter of the Southeast Quarter of Section 17, Township 32, Range 24, Anoka County, Minnesota, except the East 660 feet thereof; 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, 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 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. Adopted by the City Council of the City of Andover on this 16th day of February, 1993. CITY OF ANDOVER . t, CJ.ty C er CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 042-93 A RESOLUTION DENYING THE LOT SPLIT AND VARIANCE REQUEST OF OMAR AND JODIE DIZAYEE TO CREATE TWO ( 2 ) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Omar and Jodie Dizayee have requested a lot split and variance to create two (2 ) lots for the sale and construction of single family homes on the property located at l59th Avenue NW and Goldenrod Street NW (PIN 13-32-24-42-0009) legally described as: The South Half of the West Half of the West Half of the Northwest Quarter of the southeast Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota; Except Roads; Subject to Easements of Record; and WHEREAS, the Planning and Zoning commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance NO. 40; and WHEREAS, the Planning and Zoning Commission finds the request should be denied for the following reasons: 1. That Lot B would not have adequate frontage on a maintained City street; 2. There is a question as to whether or not Lot B would have the necessary 150' x 150' building pad area as required in Ordinance No. 10, Section 9.06(a(3); 3. Subject to percolation tests, there is a question as to whether Lot B is buildable at all; 4 . There might be a very problematic situation in crossing wetlands on the north of the land that is buildable on Lot B; and 5. The request for the variance on Lot A is too large of a discrepancy from the requirement; and WHEREAS, a public hearing was held and there was opposition to said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the lot split and 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 to deny the lot split and variance on said property. Page Two Resolution - Lot Split/Variance 159th Ave. and Goldenrod st. NW Omar and Jodie Dizayee February 16, 1993 Adopted by the City Council of the City of Andover on this 16th day of February, 1993. CITY OF ANDOVER ATTEST Ú~ tf.d Victoria Volk, City Clerk --..---.,- --..-.....---..--.----- ------ ---"" CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. RÜ'43 -93 A RESOLUTION APPROVING THE 1993 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET TO BE USED TO CONDUCT PROJECTS WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS WHEREAS, the City Council recognizes the need to use Community Development Block Grant funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the Department of Housing and urban Development following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the City will receive funds distributed by Anoka County to conduct projects for the residents of the City for the 1993 fiscal year; and WHEREAS, a public hearing notice was published in the Anoka Union indicating a translation service would be provided as deemed necessary; and WHEREAS, a public hearing was held and there was no opposition to the proposed 1993 projects and Budget. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the 1993 Community Development Block Grant Projects and Budget. Adopted by the City Council of the City of Andover this 16th day of February, 1993. CITY OF ANDOVER I ~f lJ1G J(~ E. McKe vey, Mayorú ATTEST ~¡d- V1ctor1a Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 044-93 MOTION by councilman Kniaht to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 93-3 FOR MAINTENANCE OF WELL AND PUMP *2 CONSTRUCTION IN THE AREA OF THE CITY WATER SYSTEM . WHEREAS, pursuant to advertisement for bids, bids were received, opened and tabulated according to law with results as follows: Bergerson-Caswell, Inc. $10,890.00 E.H. Renner & Sons, Inc. $11,375.00 Traut Wells $11,618.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bergerson-Caswell, 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 Bergerson-Caswell, Inc. in the amount of $10,890.00 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 Councilman Jacobson and adopted by the City Council at a regular meeting this 16th day of February , 19...21, with Councilmen McKelvey, Dalien, Knight, .Tacobson. Perry (Absent) voting in favor of the resolution, and Councilmen nnnp- voting against, whereupon said resolution was declared passed. CITY OF ANDOVER , ~, ??1c-J{~ E. McKe vey - May r ATTEST: ,¡;L-~ j¿¿ V~ctor~a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045-93 MOTION by Councilman Kniqht to adopt tne following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREETS AND STORM DRAINS , PROJECT NO. 93-5 , IN THE WINSLOW HILLS 3RD ADDITION AREA. WHEREAS, the City Council has received a petition, dated January 25, 1993 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000.00 . 3 . The proposed improvement is hereby referred to TKDA , and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman .T;¡¡,-.nhc:nn and adopted by the City Council at a regular Meeting this 16th day of February , 1993 , with Councilmen nl;:¡ipn, M~Kp]v~¥, KnighT, .Trlcoh~onr Pf!rry (absent) voting in favor of the resolution, and Councilmen nQR9 voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: JY 'E.g~C/!!~r~~ ~U Victoria Volk - city Clerk ___ '______n___ ______" _________ _ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 046-93 MOTION by Councilman Knight to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 93-6 FOR WATERMAIN IN THE FOLLOWING AREAS 1) APPROXIMATELY 300 FEET EAST OF ROUND LAKE BOULEVARD ON BUNKER LAKE BOULEVARD 2) ALONG THE WEST SIDE OF ROUND LAKE BOULEVARD BETWEEN BUNKER LAKE BOULEVARD AND 139TH AVENUE NW 3) ALONG THE EAST SIDE OF ROUND LAKE BOULEVARD BETWEEN 134TH LANE NW AND 136TH LANE NW . WHEREAS, the City Council did on the 2nd day of February, 19 93 , 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 16th day of February , 19 93 ; and WHEREAS, the City Council waives 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 $ 79,500.00 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 79,500.00 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. MOTION seconded by Councilman Jacobson and adopted by the City Council at a regular Meeting this 16th day of February, 19~, with Councilmen n~lipn, McK~lvey. Jacobson. Kniqht. Perry (absent) voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: a, { Jilv'-- J( ~1 b r E. McKe vey - MayoÓ - . !ÚL . Victor~ Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R047-93 MOTION by Councilman Perrv to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREETS AND STORM DRAINS PROJECT NO. 92-24 IN THE ANDOVER BOULEVARD FROM CROSSTOWN BOULEVARD TO HANSON BOULEVARD AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 223-92 of the City Council adopted on the 15th day of December , 19 92 , fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 2nd day of February , 19 93 ; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement project No. 92-24 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilman .TÃI("'"nh~nn and adopted by the City Council at a regular meeting thi s 2nd day of March , 19 93 , with Councilmen Da 1 j en. Perry. KlI.ight, McKelvey. Jacobson voting in favor of the resolution, and Councilmen nonp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 0 ATTEST: , £P, Y4· v . E. McKelvey - ~or ( /j / ,'.. ~k~ ¿k!L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.R048-93 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREETS AND STORM DRAINS PROJECT NO. 92-27 ALONG COMMERCIAL BOULEVARD BETWEEN NIGHTINGALE STREET AND HANSON BOULEVARD AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 038-93 of the City Council adopted on the 10th day of February , 19 93 , fixed a da te for a public hearrng; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 2nd day of March , 19 93 ; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement project No. 92-27 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilman Perry and adopted by the City Council at a regular meeting thi s 2nd day of March , 19 93 , with Councilmen Dalien, Knight, McKelvey, Jacobson. Perry voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1 -V-I - Mayrfr /~ 19 ()--u .' t~~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R049-93 A RESOLUTION ESTABLISHING REASONS FOR DENYING VEHICLE IMPOUND LOTS IN I, INDUSTRIAL DISTRICTS WITHIN THE CITY OF ANDOVER. WHEREAS, the City of Andover has received requests to allow impound lots within the City; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that if impound lots are to be allowed within the City they should be located in an I, Industrial District under the provisions of Ordinance No. 8, Section 5.03, Special Uses; and WHEREAS, in reviewing a proposed amendment to section 7.03, Special Uses in an I, Industrial District the City Council finds impound lots are not an appropriate use in the I, Industrial District for the following reasons: 1. The City currently has over one hundred (100 a.) acres of junkyards/auto recycling yards, repair garages and similar uses within the I, industrial zone along the Bunker Lake Boulevard NW Cor ridor. To allow more automotive related business such as impound lots in this area would be counter-productive to the City's goal to redevelop and improve this area. 2. It is the City's intent to maintain and promote balanced as well as diversified industrial activity. Increasing the number of automotive related uses within industrial areas is contradictory to this intent. 3. The City, by allowing even one impound lot in the I , Industrial District by Special Use Permit, will be opening up all industrially zoned property to the use and operation of impouna-- lots. The Ci ty will in all practical purposes lose the ability to regulate the number of impound lots within the industrial areas. 4. Allowing impound lots in the I, Industrial District is inconsistent with the Andover Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby establishes the above mentioned reasons for denying impound lots in the I, Industrial District. BE IT FURTHER RESOLVED, that by the adoption of this resolution impound lots will not be allowed in any fashion within the I , Industrial District and within the City as a whole. Adopted by the City Council of the City of Andover this 2nd day of March, 1993. CITY OF ANDOVER {l (-' Jaê' Ifie¿ _~- / Z c~. /i: ~ ~/ ATTEST: ,/ J. E. McRe vey,.?JIfayor (LL;~/ !{# Victoria Vo k, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 050-93 A RESOLUTION DENYING THE VARIANCE REQUEST OF TWIN STAR HOMES, INC. TO ORDINANCE NO. 10, SECTION 9.06A(3) WHICH REQUIRES 39,000 SQUARE FEET OF CONTIGUOUS LAND AREA TO BE BUILDABLE ON THE PROPERTY LOCATED AT 17539 FLINTWOOD STREET NW, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Twin Star Homes, Inc. has requested a variance to Ordinance No. 10, Section 9.06a(3) which requires 39,000 square feet of contiguous land area to be buildable on the property located at 17539 Flintwood Street NW, legally described on Exhibit A; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request does not meet the requirements set forth in Ordinance No. 10, Section 9.06a(3); and WHEREAS, the Planning & zoning Commission recommends to the City Council denial of the variance request as it does not meet the criteria of Ordinance No. 10, Section 17.01. 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 hereby denies the variance requested by Twin Star Homes, Inc. to Ordinance No. 10, Section 9.06a(3) which requires 39,000 square feet of contiguous land area to be buildable on the property located at 17539 Flintwood Street NW, legally described on Exhibit A. Adopted by the City Council of the City of Andover this 2nd day of March, 1993. CITY OF ANDOVER 1 ATTEST: or f _ l~¿ iL~,,-/ Victoria volk, City Clerk -- ----.----- ..-".~------ .- ..-- EXHIBIT A That part of the Northwest Quarter of the Southeast Quarter of Section 1, Township 32, Range 24, Anoka County, Minnesota, lying southerly of the northerly 805.00 feet and easterly of the following described line: Commencing at the Northwest corner of said Northwest Quarter of the Southeast Quarter; thence South 87 .degrees 25 minutes 39 seconds East, assumed bearing, along the north line of said Northwest Quarter of the Southeast Quarter, 698.25 feet, to the actual point of beginning; thence South 1 degree 02 minutes 46 seconds west, parallel with the west line of said Northwest Quarter of the southeast Quarter, 399.12 feet; thence on a tangential curve, concave to the west, having a central angle of 7 degrees 43 minutes 22 seconds and a radius of 1514.57 feet, a distance of 204.15 feet; thence South 8 degrees 46 minutes 08 seconds West, tangent to the last described curve, 248.39 feet; thence on a tangential curve, concave to the east, having a central angle of 18 degrees 35 minutes 44 seconds and a radius of 791.61 feet, a distance of 256.91 feet; thence South 9 degrees 49 minutes 36 seconds East, tangent to the last described curve, 101. 91 feet; thence on a tangential curve, concave to the west, having a central angle of 12 degrees 30 minutes 35 seconds and a radius of 504.54 feet, a distance of 110.16 feet, more or less, to the south line of said Northwest Quarter of the Southeast Quarter and there terminating. Subject to valid easements, if any. --- -- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 051-93 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be designated as Municipal state Aid Streets under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that these roads described as follows, to wit: * Along Andover Boulevard NW between Crosstown Boulevard NW (Co. Rd. 18) and Hanson Boulevard NW (CSAH 78) : be, and hereby established, located and designated as Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration and upon his approval of the designation of said streets or portion thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Andover and to be known as Municipal State Aid Streets. * Along Andover Boulevard NW between Crosstown Boulevard NW (Co. Rd. 18) and Hanson Boulevard NW (CSAH 78) Adopted by the City Council of the City of Andover this 2nd day of March , 19 93. CITY OF ANDOVER flr· Vj}, ATTEST: . . me- AÆ ~ (7. E. McKelvey - May¡·r Ú· , ILa ' U-tf-.-' Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on March 2, 1993. Victoria Volk - City Clerk ,. _._~-- -------------~- ___._.__...,__.____ ,··_.__·,___·u_ _______.___~_ ._~.---_.._-- -----_.--- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.052-93 A RESOLUTION APPROVING AN AGREEMENT RELATING TO PARKING RESTRICTIONS ON ANDOVER BOULEVARD NW FROM CROSSTOWN BOULEVARD NW (CO. RD. 18) TO HANSON BOULEVARD NW (CSAH 78), ANDOVER, MINNESOTA. THIS AGREEMENT, made and entered into this 2nd day of March, 1993 by and between the City of Andover, in Anoka County, Minnesota, and the Commissioner of Transportation, State of Minnesota. The Municipal Corporation shall hereinafter be called the "City" and the Commissioner of Transportation of the State of Minnesota hereinafter shall be referred to as the "Commissioner", WITNESSETH: WHEREAS, the "City" has planned the improvement of Andover Boulevard NW from Crosstown Boulevard NW to Hanson Boulevard NW, and WHEREAS, the "City" will be expending Municipal State Aid funds on the improvement of said street, and WHEREAS, said existing street does not conform to the approved minimum standards as previously adopted for such Municipal State Aid streets and that approval of the proposed construction as a Municipal State Aid project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City" has been determined; NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: That the "city" shall restrict the parking of motor vehicles on both sides of Andover Boulevard NW from Crosstown Boulevard NW to Hanson Boulevard NW at all times unless hereafter authorized in writing by the Commissioner. ADOPTED by the City Council this 2nd day of March, 1993. CITY OF ANDOVER ATTEST: !J ~. a \. ,)?;70 1 .~ (J. E. MCKelvey - . or J1WJ iLl Victoria volk - City Clerk --.-. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.053-93 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 92-20 FOR STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF WOODLAND CREEK 3RD ADDITION . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 020-93, dated Januar~, 19~, bids were received, opened and tabulated according to aw with results as follows: 1. W. B. Miller, Inc. $118,743.50 2. Richard Knutson, Inc. $122,443.78 3. Northwest Asphalt $123,485.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate W. B. Miller, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with W. B. Miller, Inc. in the amount of $118,743.50 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 Councilman Kniqht and adopted by the City Council at a regular meeting this 3rd day of March , 19~, with Councilmen Dalien, Perry. McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER / ATTEST: ( -.J- ( //1 &..<.4~ t¿~ Victoria Volk - City Clerk . ..~ -.---- .. _._._._----------~-------_..-._------_._.-.,,'- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 054-93 MOTION by Councilman Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO KADLEC EXCAVATING OF MORA FOR PROJECT NO. 92-22 FOR THE IMPROVEMENT OF TRUNK WATERMAIN IN THE FOLLOWING AREA: ALONG ANDOVER BOULEVARD BETWEEN CROSSTOWN BOULEVARD AND HANSON BOULEVARD . WHEREAS, pursuant to a written contract signed with the City of Andover on November 3 , 19 92, Kadlec Excavating of Mora, 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 Councilman Perry and adopted by the City Council at a regular meeting this 2nd day of March , 19 93 , with Councilmen Dalien. McKelvey. .Tacobson . Perry. Knight voting in favor of the resolution, and Councilmen nnnp voting against, whereupon said resolution was passed. CITY OF ANDOVER /1 1 ATTEST: j/ f! Þ;¿JJJ- II_ E. MCKelVey~YOr ( .' _ r tu-~ d~ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 055-93 MOTION by Councilman Kniqht to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREET LIGHTING, PROJECT NO. 92-26, IN THE NORTHGLEN AND NORTHGLEN 3RD ADDITION. WHEREAS, pursuant to the required published and mailed notice, a public hearing was held on the 16th day of March 1993; 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. 92-26, street lighting in the Northglen and Northglen 3rd Addition with the cost of same to be billed on the normal quarterly utility billing. MOTION seconded by Councilman Jacobson and adopted by the City Council of the City of Andover this 16th day of March , 19 ~ by unanimous vote. CITY OF ANDOVER ATTEST: Ii t rl7&j(~ ~{#. /I' E. MCKelvey - M or victoria Vo - City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 056-93 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF LINDQUIST REPAIR SERVICES, INC. TO ALLOW FOR THE CONTINUED OPERATION OF A REPAIR GARAGE LOCATED AT 16191 ROUND LAKE BOULEVARD NW (PIN 16-32-24-23-0018), LEGALLY DESCRIBED AS LOT 1, BLOCK 1, WESTVIÉW INDUSTRIAL PARK. WHEREAS, Lindquist Repair Services, Inc. has requested a Special Use Permit to allow for the continued operation of a repair garage on the property located at 16191 Round Lake Boulevard NW (PIN 16-32-24-23-0018), legally described as Lot 1, Block 1, westview Industrial Park; 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 ~ill 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 the Lindquist Repair Services, Inc. to continue the operation of a repair garage on the above described property with the following conditions: 1- The Special Use Permit will be subject to annual review and site inspection by City Staff. 2. The applicant shall comply with all City Ordinances including, but not limited to, Ordinance No. 8, the Zoning Ordinance, Sections 8.07, and 8.08. 3. The hours of operation shall be restricted to 8 a.m. to 6 p. m. , Monday through Friday and 8 a.m. to 2 p.m. Saturday; closed on Sunday. 4. The City Building Official shall inspect the site to verify compliance with the Uniform Building Code. 5. Council understands that the vehicle repair business is less than 50 percent of the total amount of work being done in the shop. Page Two SUP - Repair Garage Lindquist Repair Services, Inc. March 16, 1993 Adopted by the City Council of the City of Andover on this 16th day of March, 1993. CITY OF ANDOVER ATTEST: ; 'E.~ ~7:7l ~e~+:;;r iz-~ú City Clerk Vlctoria Volk, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 057-93 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 92-13 FOR PUMPHOUSE *4 AND CONTROLS CONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 032-93, dated February 2, 1993, bids were received, opened and tabulated according to law with results as follows: Anderson Mechanical, Shafer, MN $192,626.00 J & B Contractors, Andove r , MN $197,150.00 stone Construction, Blaine, MN $204,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Anderson Mechanical 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 in the amount of $192,626.00 for construction of the lmprovements; 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 Councilman Perry and adopted by the City Council at a regular meeting this 16th day of March , 19-21, with Councilmen n~lipn, pprry. M,-.1( a. 1 'tU::"Y, :T~,...nh'::nn Knigh.... voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J' ErMl:fter~ £;r~ £Ib Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 058-93 A RESOLUTION APPROVING AN AGREEMENT RELATING TO PARKING RESTRICTIONS ON UNIVERSITY AVENUE NW FROM 152ND AVENUE TO CONSTANCE BOULEVARD NW (CO. RD. 60), ANDOVER, MINNESOTA. THIS AGREEMENT, made and entered into this 16th day of March, 1993 by and between the City of Andover, in Anoka County, Minnesota, and the Commissioner of Transportation, State of Minnesota. The Municipal Corporation shall hereinafter be called the "City" and the Commissioner of Transportation of the State of Minnesota hereinafter shall be referred to as the "Commissioner", WITNESSETH: WHEREAS, the "City" has planned the improvement of University Avenue NW from 152nd Avenue NW to Constance Boulevard NW (Co. Rd. 60) , and WHEREAS, the "City" will be expending Municipal State Aid funds on the improvement of said street, and WHEREAS, said existing street does not conform to the approved minimum standards as previously adopted for such Municipal state Aid streets and that approval of the proposed construction as a Municipal State Aid project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City" has been determined; NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: That the "City" shall restrict the parking of motor vehicles on the Andover side of University Avenue NW from 152nd Avenue NW to Constance Boulevard NW at all times unless hereafter authorized in writing by the Commissioner. ADOPTED by the City Council this 16th day of March, 1993. CITY OF ANDOVER ATTEST: g. ~, )1l¿ JI~ (/ð. E. MCKelvey - M or ,£;£w.-; Úb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 059-93 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 92-29, ECHO RIDGE FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 030-93, adopted by the City Council on the 2nd day of February , 19 93 , TKDA has prepared final plans and specifications for Project 92-29 for sanitary sewer, watermain, street and storm drain construction; and WHEREAS, such final plans and specifications were presented to the Ci ty Council for their review on the 16th day of March , 19 93 . 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 , Friday , April 16 , 19 ~ at the Andover City Hall. MOTION seconded by Councilman pgrry and adopted by the City Council at a regular meeting this 16th day of March , 19~, with Councilmen Knight. McK~lvpy, Perry, Jacobson, Dalien voting in favor of the resolution and Councilmen nnnp voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ú~ lib May r Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 060-93 MOTION by Councilman .Tacohf;on to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 92-18, WATT'S GARDEN ACRES (JAY STREET NW) FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 145-92, adopted by the City Council on the 18th day of Au~ust , 19 92 , TKDA has prepared final plans and spec1fications for project 92-18 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 16th day of March , 19 93 . 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 , Friday , April 16 , 19~ at the Andover City Hall. MOTION seconded by Councilman pprry and adopted by the City Council at a regular meeting this 16th day of March , 19~, with Councilmen Dalien, McKelvey, Knight, Jacobson, Perry voting in favor of the resolution and Councilmen none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: JfE~~/:!l~e!-b ,~ ([¿;v Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 061-93 A RESOLUTION A APPROVING THE JOINT POWERS AGREEMENT TO FORM A COALITION OF METROPOLITAN COMMUNITIES. WHEREAS, the North Metro Mayors Association agreed to create an Anoka County Chapter with an initially reduced membership fee for those local units not already participating in the Association. WHEREAS, North Metro Mayors Association will provide the necessary staff and service for the Chapter. WHEREAS, the Chapter will have benefit by having access to material, research and staff efforts of a respected organization. WHEREAS, the initially reduced fee schedule for the Anoka County Chapter is determined somewhat on population and on benefits received. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City approves and authorizes the execution of the attached Joint Powers Agreement. BE IT FURTHER RESOLVED that the approved February 25, 1993 letter from the North Metro Mayors Association president Elwyn Tinklenberg be made part of this resolution (letter attached). Adopted by the City Council of the City of Andover this 16th day of March , 19 93 . CITY OF ANDOVER rJ' {, JJlc J?~ ATTEST: éY- E. MCKelvey - M r U~¡~ victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on March 16, 1993. ,/d..£¿¿. V1Cto~ Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062-93 RESOLUTION VACATING A PORTION OF RIGHT-OF-WAY FOR JAY STREET NW LOCATED IN WATT'S GARDEN ACRES, SECTION 34-32-24. WHEREAS, pursuant to published and mailed notice, the City Council has conducted a public hearing on the vacation of right-of- way for Jay Street NW; and WHEREAS, as a result of such hearing and review, the City Council recommends vacation of said right-of-way, legally described as follows: (All of Jay Street) That part of Jay Street as dedicated in the plat of watt's Garden Acres, Anoka County, Minnesota lying south of a line drawn from the northwest corner of Lot 12, said Watt's Garden Acres to the northeast corner of Lot 5, said watt's Garden Acres and lying northerly of a circle having a radius of 60.00 feet, the center or said circle is a point on the line of said Lot 5, distant 165.75 feet southerly of the northeast corner of said Lot 5. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby vacates said right-of-way legally described above located in Watt's Garden Acres, subject to a drainage and utility easement over the east 30 feet of that portion being vacated. Adopted by the City Council of the City of Andover on this 6th day of April , 19 93. CITY OF ANDOVER ATTEST: dÄ {~~ . E. McKe vey - yor LL Iv-£--- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 063-93 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF PHEASANT GLEN AS BEING DEVELOPED BY HOKANSON DEVELOPMENT, INC. IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, pursuant to published and mailed notice thereof, the Andover City Council has conducted a public hearing and reviewed the preliminary plat of pheasant Glen; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such hearing, the Planning and zoning Commission recommends approval of the plat citing the following: 1. Variance for Lots 1-13, Block 1 from Ordinance 10, section 9.06 ( f) as future Commercial Boulevard (136th Avenue NW) is considered a collector street (designated as a MSAS) not an arterial street. These lots would have double frontage with the possibility of Commercial Boulevard being constructed. 2 . That Jay Street NW be vacated to avoid future problems from buses and other vehicles which are not from this area to use this as a shortcut to get to the industrial area. 3. The existing building on Lot 1, Block 2 be brought to meet the intent of the Uniform Building Codes and all applicable City Ordinances. The City also is requiring these lots to be connected to municipal sanitary sewer and water systems. 4. Lot 1, Block 1 and Lot 1, Block 2 will require variances for lot depth as the lots do not meet the minimum depth requirement of 130 feet as indicated in Ordinance 8, Section 6.02 in an R-4 zoning district. 5. The developer is responsible to obtain all necessary permits from the Coon Creek watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 6. The Park and Recreation Commission is recommending cash in lieu of land. 7. The Commission requested the developer obtain from the EPA an indication as to abandonment of those wells in terms of method of abandonment and timing of abandonment in Lot 3, BloGk 1. 8. An easement as recorded in the northwest corner of Lot 13, Block 1 be shown. 9. The developer is to provide information regarding the 100 year flood elevation located in Block 2 on the grading and drainage plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Pheasant Glen . Adopted by the City Council of the City of Andover this 6th day of April , 19 93. CITY OF ANDOVER AT~ £/L fl, ~, rrk/!~ (;1'. E. McKelvey - Mayor victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 064-93 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF KADLEC ESTATES AS BEING DEVELOPED BY KADLEC CONSTRUCTION COMPANY IN SECTION 21, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, pursuant to published and mailed notice thereof, the Andover City Council has conducted a public hearing and reviewed the preliminary plat of Kadlec Estates; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such hearing, the Planning and Zoning Commission recommends approval of the plat citing the following: 1. Variance is required for 153rd Avenue NW as the street is offset approximately 20 feet from the existing 153rd Avenue NW from Lakeridge as indicated in Ordinance 10, Section 9.03(e). 2. Variance is required for Lot 1, alock 1 from Ordinance 10, Section 9.02(c) as the lot directly accesses to Round Lake Boulevard. If the home is destroyed the lot is required to front and access 153rd Street NW. 3. The street plan and profile is required to be submitted, reviewed and approved by the City Engineer prior to any construction along with storm sewer. 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. The City Staff and PCA Staff make an inspection to determine the situation with the illegal waste dump. 6. The berm on Lot 9 in the south southeast corner will remain. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Kadlec Estates . 1. Park dedication to be cash in lieu of land as recommended by the Park and Recreation Commission. Adopted by the City Council of the City of Andover this 6th day of April, 19 93. CITY OF ANDOVER g. t. M6~_ ATliu:.... Úb (Y. E. MCKelvey - May;¡ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.065-93 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF MINNEAPOLIS SMSA LTD. PARTNERSHIP C/O US WEST NEWVECTOR GROUP TO ALTER AN EXISTING 200' CELLULAR RADIO TOWER ON THE PROPERTY LOCATED AT 16157 ROUND LAKE BOULEVARD NW (LOT 2, BLOCK 1, WESTVIEW INDUSTRIAL PARK), LEGALLY DESCRIBED AS: The north 75 feet of the east 90 feet, together with an easement for ingress and egress over the northerly 14 feet of the westerly 190 feet and the northerly 19 feet of the easterly 120.42 feet of said Lot 2; and WHEREAS, Minneapolis SMSA Ltd. Partnership c/o US West NewVector Group has requested an Amended Special Use Permit to allow for the alteration of an existing 200' cellular telephone tower at 16157 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, 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 Planning and Zoning Commission finds the use will not significantly cause serious traffic congestions or hazards; and WHEREAS, the Planning and Zoning Commission finds the use will not depreciate surrounding property and 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 Amended 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 Minneapolis SMSA Ltd. partnership c/o US West NewVector Group to alter an existing 200' cellular telephone tower on said property with the following conditions: 1- The Amended Special Use Permit will be subject to a sunset clause as defined in Ordinance No. 8, Section 5.03 (D). 2. The Amended Special Use Permit will be subject to annual review and site inspection by City Staff. Page Two Amended SUP - Minneapolis SMSA Ltd. partnership Resolution April 6, 1993 3. That a set of engineering specifications be filed with the Engineering Department prior to construction. 4 . That an annual inspection of the tower be completed by the applicant(s) and a certificate showing the results of the inspection be filed with the City. 5. That the proposed alterations be submitted to the Building Department for review and approval. 6. That ALL of the conditions established in Resolution No. 036-90 be met. Adopted by the city Council of the City of Andover on this 6th day of April, 1993. CITY OF ANDOVER ATTEST: g, ç, m(/tf~ 61. E. McKelvey, Ma r Ú~ ilb City Clerk Victoria Volk, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 066-93 A RESOLUTION DENYING THE VARIANCE REQUEST OF DAVE REGAL CONSTRUCTION, INC. TO ORDINANCE NO. 8, SECTION 6.02 WHICH REQUIRES SINGLE FAMILY STRUCTURES IN THE R-2, SINGLE FAMILY ESTATE DISTRICT TO HAVE A MINIMUM 1,200 SQUARE FEET OF FLOOR AREA PER DWELLING ON THE PROPERTY LOCATED AT 17110 NAVAJO STREET NW, LEGALLY DESCRIBED AS LOT 6, BLOCK 2, GROW OAK VIEW ESTATES. WHEREAS, Dave Regal Construction, Inc. has requested a variance to Ordinance No. 8, Section 6.02 which requires single family structures in the R-2, single Family Estate District to have a minimum 1,200 square feet of floor area per dwelling on the property located at 17110 Navajo Street NW, legally described as Lot 6, Block 2, Grow Oak View Estates; and 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 in that no hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning & Zoning Commission recommends to the City Council denial of the variance request as it does not meet the criteria of Ordinance No. 8, Section 5.04. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & zoning Commission and hereby denies the variance requested by Dave Regal Construction, Inc. to Ordinance No. 8, Section 6.02 which requires single family structures in the R-2, Single Family Estate District to have a minimum 1,200 square feet of floor area per dwelling on the property located at 17110 Navajo street NW, legally described as Lot 6, Block 2, Grow Oak View Estates. Adopted by the City Council of the City of Andover this 6th day of April, 1993. CITY OF ANDOVER ATTEST: ß, t. m~ Æ1~ V~~V~City Clerk ¿ll' E. MCKelvey, Ma r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 067-93 A RESOLUTION APPROVING THE FINAL PLAT OF ECHO RIDGE AS BEING DEVELOPED BY TONY EMMERICH CONSTRUCTION, INC. IN SECTION 34-32-24, ANOKA COUNTY, MN. WHEREAS, the City Council approved the preliminary plat of Echo Ridge ; and WHEREAS, the developer has presented the final plat of Echo Ridge . 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 Echo Ridge contingent upon receipt of the following: 1. The City Attorney presenting 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 or Clerk until there is an executed Development Contract, escrow paid (15% of the total cost for the improvements for the property (streets, utilities, etc.) ) and a contract for improvements awarded. 5. Street lights costs to be paid to Anoka Electric Cooperative. 6. The Park and Recreation Commission is recommending cash in lieu of land. 7. Receipt of all necessary drainage and utility easements outside the plat. BE IT FURTHER RESOLVED citing the following: 1. 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. 2 . Variance from Lots 1, 11, 12, 13, 20 and 21, Block 1 from Ordinance 10, Section 9.06 ( f) as future Commercial Boulevard (136th Avenue NW) is considered a collector street (designated as a MSAS) not an arterial street. These lots would have double frontage with Commercial Boulevard being constructed. 3. That Lot 9, Block 1 and Lot 2, Block 2 which have existing buildings be brought to meet the intent of the Uniform Building Codes and applicable City Ordinances. The City also requires these lots to be connected to municipal sanitary sewer and water system. The City requires these lots escrow for work on the existing buildings. Adopted by the City Council of the City of Andover this 6th day of April , 19 93. CITY OF ANDOVER ATTEST: ç, ~. m6J(~ /. E. McKelvey - M or ¡;¿~ ¡g V1ctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 068-93 MOTION by Councilmember bcnhonn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 91-22, ROUND LAKE BOULEVARD FROM 133RD AVENUE NW TO 140TH LANE NW AND PROJECT NO. 91-28, BUNKER LAKE BOULEVARD FROM BLACKFOOT STREET NW TO MARIGOLD STREET NW FOR SANITARY SEWER, WATERMAIN, STREET, STORM DRAIN AND SIDEWALK -- CONSTRUCTION. WHEREAS, the Anoka County Highway Department has prepared final plans and specifications for project 91-22 & 91-28 for sanitary sewer, watermain, street, storm drain and sidewalk construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of April , 19 93 . 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 Anoka County Highway Department to seek public bids as required by law. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 6th day of April , 19~, with Councilmember Dalien, Knight, McKelvev, Jacobson. Perry voting in favor of the resolution and Councilmember nonp voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /!-' t. Þ C/ I!e~ ¡ .¿ . E. MCKelveý - May ~ t(¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RÈS. NO. 069-93 A RESOLUTION APPROVING SPEED LIMITS IN HAWKRIDGE, COUNTRYVIEW ESTATES, VERDIN ACRES IN SECTION 4-32-24 PER THE ATTACHED SPEED LIMIT AUTHORIZATION FROM MNDOT. WHEREAS, speed limit signs are to be placed per the attached MNDOT authorization. WHEREAS, MNDOT has given authorization to lower the speed limits. NOW, THEREFORE, BE IT RESOLVED the speed limits be placed in Hawkridge, Countryview Estates and verdin Acres area contingent upon placing appropriate advance curve or warning signs, including appropriate speed advisory plates and dead end signs. Adopted by the city Council of the City of Andover this 6th day of April , 19 93. CITY OF ANDOVER ATTEST: ß ~, ä,t:~~ ~ £/L ~. E. MCKelvey - May Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 070-93 MOTION by Councilmember T;: r()h~()n to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREETS , PROJECT NO. 91-5 IN THE NJORDMARK-DALE AREA AND FOUR ( 4 ) LOTS ALONG 178TH LANE NW BETWEEN TULIP STREET NW AND QUAY STREET NW AREA. WHEREAS, the City Council has received a petition, dated June 23 , 19 92 , requesting the construction of improvements; 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 they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 6th day of April , 19 93 , with Councilmember Dalien. McKelvev. Perrv. JacobRon. Kn i ~h t voting in favor of the resolution, and Councilmember nnnA voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Jß. !Ke~~~~ ~ itL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 071-93 MOTION by Councilmember T ~,... ("\ h C An to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREETS , PROJECT NO. 91-16 ALONG 159TH AVENUE NW WEST OF MARYS TONE BOULEVARD AREA. WHEREAS, the City Council has received a petition, dated March 29 , 19 93 , requesting the construction of improvements; 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 they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Por.,.-y and adopted by the City Council at a regular meeting thi s 6th day of April , 19 93 , with Councilmember D.81 {en. Kní~htf MC'Kplupy, T;:¡('nh <::()n J. Porry voting in favor of the resolution, and Councilmember RQRe voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (). { )?;¿, ¿~ ~ E. MCKelvey - May ~ ¡úv Victoria Yolk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R on-93 Motion by Councilmember Jacobson to adopt the following: A RESOLUTION AUTHORIZING THE EXPENDITURE FOR VOTING EQUIPMENT FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R174-90 established a Permanent Improvement Revolving Fund containing a Capital Improvement Account designed to fund capital expenditures; and WHEREAS, the City Council has approved the acquisition of additional voting equipment for the new precinct created by splitting Precinct 3A. NOW, THEREFORE BE IT RESOLVED that the city Council of the City of Andover hereby authorizes the expenditure of $6,614.00 plus sales tax, shipping and handling charges from the Permanent Improvement Revolving Fund for one Accu-Vote Voting Machine. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 6th day of April , 1993 with Councilmembers Dalien. Me:Kplvpy, Knight" . .La..C.o.b..s..oJ> , POY"Y"Y voting in favor of the resolution, and Councilmembers WeRe voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (/ t. }»l-~~ ~£¿¿ j/ E. MCKelvey - May r Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 073-93 MOTION by Councilmember .T;:¡("()h~on to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 92-24, ANDOVER BOULEVARD FROM CROSSTOWN BOULEVARD TO HANSON BOULEVARD FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 047-93, adopted by the City Council on the 2nd day of March , 19 93 , TKDA has prepared final plans and specifications for project 92-24 for sanitary sewer, watermain, street and storm drain construction; and WHEREAS, such final plans and specifications were presented to the Ci ty Council for their review on the 6th day of April , 19 93 . 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 , Friday , May 14 , 19~ at the Andover City Hall. MOTION seconded by Councilmember PCY'ry and adopted by the City Council at a regular meeting this 6th day of April , 19~, with Councilmember D31íE!fl~ rerry~ T<nigh1" I Mî'Kp 1 1TPY J T;:¡('nh~nn voting in favor of the resolution and Councilmember nnnø voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J;~. ~~Ke?!¿~f£¿:;ep Ú~ iÚ£ Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 074-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STORM DRAINAGE PROJECT NO. 93-9 , IN THE WINSLOW HILLS AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically storm drainage in the following described area: Winslow Hills ; 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 at a cost not to exceed $2,000. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 6th day of April , 19 93 , with Councilmember Dalien, Jacobson, MCKelvey, Knight, perry voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (J. (ßc-~b J¿1 E. McKelvey - May Ún-W læ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 0 7 5 - 9 3 MOTION by Councilman Knight to adopt the fOllowing: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN EXTENSION PROJECT NO. 90-25 . 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, 1990 and shall bear interest at the rate of R " 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 Councilman Perry and adopted by the City Council at a Regular Meeting thi s 6th day of April , 19 93 , with Councilmen Dalien. McKelvey, Knight, Perrv. Jacobson voting in favor of the resolution, and Councilmen nonp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 9, gc'K2~r~~ J/E. ~tæ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA No. R 076-93 A RESOLUTION SETTING FEES FOR TREE TRIMMERS PURSUANT TO ORDINANCE 29C. The City Council of the City of Andover hereby ordains: The following fee is hereby established for the year 1993: Tree Trimmer License $25.00/year Adopted by the City Council of the City of Andover this 6th day of April , 1993. CITY OF ANDOVER Attest: (j. £, ~, ;¿~ f.E. McKe vey, Mayor ~ £¿¿ Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 077-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING THE RIGHT-OF-WAY PLAT KNOWN AS THE CITY OF ANDOVER HIGHWAY RIGHT-OF-WAY PLAT NO. lo BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to sign and register the documents with Anoka County. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 6th day of April , 19 93 , with Councilmembers Jacobson, Perry, Knight, Dalien, MCKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~. ~. Ô1cJ¿J¿,.fA~ J. E. McKelvey - Mayor ~ fd Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 078-93 MOTION by Councilmember T"rnhonn to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREET CONSTRUCTION , PROJECT NO. 91-16 IN THE AREA ALONG 159TH AVENUE NW WEST OF MARYS TONE BOULEVARD . WHEREAS, pursuant to Resolution No. 071-93, adopted the 6th day of April , 19 93 , 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 20th day of April , 19 93 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ . 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. 91-16 , for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 84,000.00 . 3. A public hearing shall be held on such proposed improvement on the 4th day of May , 19 93 in the Council Chambers of the City Hall at 7:30 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember p~yyy and adopted by the City Council at a regular meeting this 20th day of April , 19 93 , with Councilmember McKelvey, Dalien, Perry, Jacobson. Knight (absent) voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I, E~ Mc~d~~Ýor f4 £¿¿ Vlctorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 079-93 MOTION by Councilmember Perrv to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREET CONSTRUCTION , PROJECT NO. 91-5 IN THE AREA ALONG 178TH LANE AND NJORDMARK-DALE AREA . WHEREAS, pursuant to Resolution NO. 070-93, adopted the 6th day of April , 19 93 , 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 20th day of April , 19 93 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 70,200.~0 . 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. 91-5 , 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 $ 70,200.00 . 3. A public hearing shall be held on such proposed improvement on the 4th day of May , 19 93 in the Council Chambers of the City Hall at 8:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Dalien and adopted by the City Council at a regular meeting this 20th day of April , 19 93 , with Councilmember McKplvpy, 1;0,(" IÎ h ~()n pprry~ n;.11 ; pn KnighT (obsent) . voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ;'E.f~c~~!~r l~L /~ Victoria Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 080-93 A RESOLUTION DESIGNATING PAINE WEBBER INCORPORATED AS A SUPPLEMENTAL DEPOSITORY OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. 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. ROOl-93 designating which depositories may be used for investment purposes in 1993, 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; and WHEREAS, the City desires to add Paine Webber Incorporated to the list of supplemental depositories for investment purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Andover that paine Webber Incorporated is designated as a supplemental depository for 1993 for investment purposes only. Adopted by the Andover City Council on the 20th day of April, 1993. CITY OF ANDOVER ATTEST: ß t. m~t;~ ~Ú£ ¿d. E. MCKelvey - ayor Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.081-93 A RESOLUTION RELATING TO PARKING RESTRICTIONS ON S.A.P. 198-020-08 FROM 133RD AVENUE NW TO 140TH LANE NW IN THE CITY OF ANDOVER, MINNESOTA. THIS RESOLUTION passed this 20th day of April, 19 93, by the City of Andover in Anoka County, Minnesota. The Municipal--- corporation shall hereinafter be called the "City", WITNESSETH: WHEREAS, The "City" has planned the improvement of MSAS 020-08 (Round Lake Boulevard) from 133rd Avenue NW to 140th Lane NW. WHEREAS, the "City", will be expending Municipal Street Aid Funds on the improvement of this street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED that the "City", shall ban the parking of motor vehicles on 020-08 (east side from 133rd Avenue NW to 140th Lane NW and both sides from Bunker Lake Boulevard to 140th Lane NW) at all times. Dated this 20th day of April , 19 93. CITY OF ANDOVER d· { J1lvtl~ ATTEST: ~. E. MCKelvey ~ayor LL iæ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 082-93 A RESOLUTION RELATING TO PARKING RESTRICTIONS ON S.A.P. 198-020-09 FROM ROUND LAKE BOULEVARD TO QUAY STREET NW IN THE CITY OF ANDOVER, MINNESOTA. THIS RESOLUTION passed this 20th day of April , 19~, by the City of Andover in Anoka County, Minnesota. The Municipal corporation shall hereinafter be called the "City", WITNESSETH: WHEREAS, The "City" has planned the improvement of MSAS 020-09 (Bunker Lake Boulevard) to Quay Street NW. WHEREAS, the "City", will be expending Municipal Street Aid Funds on the improvement of this Street, and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED that the "city", shall ban the parking of motor vehicles on both sides of 020-09 Bunker Lake Boulevard from Round Lake Boulevard to Quay Street N.W. at all times. Dated this 20th day of April , 19 93. CITY OF ANDOVER ATTEST: /!~. !lë~ . E.' Mc êl ey - ayor ¿¿ia Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.083-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN AND STORM DRAIN , PROJECT NO. 93-10 , FOR SUPERAMERICA LOCATED IN THE NORTHEAST CORNER OF THE INTERSECTION OF HANSON BOULEVARD AND BUNKER LAKE BOULEVARD AREA. WHEREAS, the City Council has received a petition, dated April 6, 1993 , 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 $1000 . 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 Pørr')Y and adopted by the City Council at a regular meeting this 20th day of April , 19 93 , with Councilmember McKelvey, Dalíen, Jacobson.. Perrv~ Kni¡¡ht (absent) voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ji- e. )JJ;/~!tt ?J. E. McKelvey - ayor ~iß Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 92-29 & 92-18 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF JAY STREET NW (WATT'S GARDEN ACRES) AND ECHO RIDGE. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 060-93 (Jay Street) and 92-29 (Echo Ridge), dated March 16, 1993 bids were received, opened and tabulated according to law with results as follows: 1. C.W. Houle, Inc. $359,950.53 2. S.R. Weidema, Inc. $362,170.51 3. Mille Lacs Contracting $371,693.93 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. Hoult. \nc_ in the amount of $359,950.53 for construction of t e 1mprovements; 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 Perry and adopted by the city Council at a regular meeting this 20th day of April , 19~, with CouncilmemberMcKPlvpy Dalipn, Pprry, .T~~nh~nn, Knigh~ (~h~pn~) voting in favor of the resolution, and Councilmember nonp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ß' E~' Mll:ìr:kyor ATTEST: h ¡;a victoria v6ik - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ~85 -93 Motion by Councilmember T~C':oh~()n to adopt the following: A RESOLUTION AUTHORIZING THE EXPENDITURE FOR A COMPUTERIZED INVENTORY AND ASSET TRACKING SYSTEM FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R174-90 established a Permanent Improvement Revolving Fund containing a capital Improvement Account designed to fund capital expenditures; and WHEREAS, the Ci ty Counci 1 recognizes the need to properly account for and report on inventories and assets owned by the City; and WHEREAS, the City has reviewed various equipment and computer programs to bar code and scan the City's inventories and assets. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby authorizes the expenditure of $4,945.00 plus sales tax, shipping and handling charges from the Permanent Improvement Revolving Fund for one portable scanner system and the associated computer programs. MOTION seconded by Councilmember Dalien and adopted by the City Council at a regular meeting this 20th day of April , 1993 with CouncilmemberSMcKelvey. DR 1 í pn_ .Jacobson _ Perry.Knight(abs~0ing in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I: t J)1~J:~ ~~ . E. McKelvey ayor v1ctoria Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R086-93 Motion by Councilmember Perry to adopt the following: A RESOLUTION CLOSING THE 1980 SERIES B IMPROVEMENT BOND FUND AND TRANSFERRING THE REMAINING FUNDS TO THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, the City of Andover issued Special Assessment Improvement Bonds in 1980 for the construction of capital improvements; and WHEREAS, the City of Andover had refinanced a portion of these bonds in 1987 under a separate bond issue, and has repaid all other obligations arising from the issuance of these bonds; and WHEREAS, there are monies remaining in the fund reserved for payment of this debt; and WHEREAS, the City Council has adopted Resolution No. R074-90 which established the Permanent Improvement Revolving Fund and requires these monies be deposited into this fund. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that the 1980 Series B Improvement Bond Fund is hereby closed. BE IT FURTHER RESOLVED that all monies remaining in the 1980 Series B Improvement Bond Fund be deposited into the Permanent Improvement Revolving Fund with $11,401.06 allocated to the Public Improvement Account and $ -0- allocated to the Capital Improvement Account. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 20th day of April , 1993 with Councilmembers McKelvey. DRl ípn Ferry T~í'()h~()n Knign't voting in favor of the resolution, and Councilmembers ' ~nQ voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: þ, £. )¡Jcl:i~ " jð' E. MCKelvey ayor ~ IÚL/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R087-93 Motion by Councilmember Knight to adopt the following: A RESOLUTION CLOSING THE FIRE STATION CONSTRUCTION FUND AND TRANSFERRING THE REMAINING FUNDS TO THE FIRE STATION BOND DEBT SERVICE FUND. WHEREAS, the City of Andover issued General obligation Bonds in 1991 to purchase trucks and equipment for, and construct Fire Stations U and 112; and WHEREAS, the City of Andover has completed the purchase of equipment and the construction of the fire stations, and there is $138.95 remaining in the fund. NOW, THEREFORE BE IT RESOLVED by the City Council of the city of Andover that the Fire Station Construction Fund is hereby closed. BE IT FURTHER RESOLVED that the monies remaining in the Fire Station Construction Fund be deposited into the Fire Station Bond Debt Service. MOTION seconded by Councilmernber Perry and adopted by the City Council at a regular meeting this 20th day of Apr il , 1993 with Councilmembers McKelvey, Dalien, Perry, Knight, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ff ~ };þ~~ 1¿~ /Ú£ 10. E. MCKelvey - ayor Vlctoria Volk - city Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 088-93 MOTION by councilmember Perry to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 93-2 FOR S.S., WM, ST, AND STORM DRAINS IN THE FOLLOWING AREA PINEWOOD ESTATES 3RD ADDITION (TO BE PLATTED AS THE 2ND ADDITION). WHEREAS, the City Council did on the 5th day of May , 19 92 , 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 2nd day of June ,19 92 ; 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 $ 312,400.00 . 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 $ 312,400.00 , 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 $ 10,000.00 with such payments to be made prior to commencement of work on the plans and specifications. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this' 20th day of April , 19~, with Councilmember McKelvev, Dalien. Jacobson Knight, Pprry voting in favor of the resolution and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fl· t.. ~ AldvZf/!ã ~ (ß. E. MCKi):vey - ayor ·k Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO .08 9- 9 3 A RESOLUTION APPROVING THE FINAL PLAT OF TIMBER MEADOWS AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CORPORATION IN SECTION 8-32-24. WHEREAS, the City Council approved the preliminary plat of Timber Meadows ; and WHEREAS, the developer has presented the final plat of Timber Meadows . 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 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 provide a one-year warranty escrow or bond for the street and storm sewer improvement as determined by the City Engineer. 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 accordingly to the grading plan submitted and approved by the City. 5. Street lights 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. Variance for lots 4 & 5 of Block 5 and Lots 4 & 11 of Block 5 from Ordinance 10, Section 9.06 a(3) as the lots are less than the minimum requirements for lot area (minimum of 108,900 feet squared is requi red) . 2. Variance for Lot 8, Block 4 will require a variance from Ordinance 10, Section 9.02 (c) as the lot is proposed to front on a collector street (designated as MSA). 3. Variance for Lot 7, Block 4 will require a variance from Ordinance 10, Section 9.06 a(3) as the lot does not meet the 300 feet requirement at the front setback line. 4. Woodland Development, Inc. has an agreement regarding the existing building on Lot 4, Block 3. All buildings are required to be removed by December 31, 1994. When new structures are built on the lot, the vehicle access is required to be on 167th Lane NW. 5. the developer is responsible to obtain all permits from the Watershed Management Organization, DNR, Corps of Engineers, LGU and any other agency that is interested in the site. Adopted by the City Council of the City of Andover this 20th day of April , 19 93. CITY OF ANDOVER ATTEST: j:'£ M~~{~~Yor b~ ¡J~ Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.090-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREETS , PROJECT NO. 91-16 ALONG 159TH AVENUE NW BETWEEN MARYS TONE BOULEVARD AND THE RUM RIVER AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 078-93 of the City Council adopted on the 20th day of Apr il , 19 93 , fixed a date for a public hearIï'igï and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 4th day of May , 19 93 ; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 91-16 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate BRA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Dalien and adopted by the City Council at a regular meeting this 4th day of May , 19 93 , with Councilmember McKelvey, Perry, Jacobson, Dalien, Knight voting in favor of the resolution, and Counci1member none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J).. ~. »?f ~JffÞ ¿YJ. E. McKe ve - Mà r !L~(~ ¿(¿t/ Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R091-93 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF JEROME PIKUS TO OPERATE A HOME OCCUPATION (MOULDING BUSINESS) IN AN ACCESSORY STRUCTURE ON THE PROPERTY LOCATED AT 16526 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS FOLLOWS: That part of the South 330 feet of the Southeast Quarter of the Southeast Quarter of Section 10, Township 32, Range 24, Anoka County, Minnesota, lying West of the Westerly right-of-way line of Anoka County Highway plat No. 27; Except Roads; Subject to Easements of Record. WHEREAS, Jerome pikus has requested a Special Use Permit to operate a home occupation (moulding service) in an accessory structure as specified in Ordinance No. 8, Section 4.30, on the property located at 16526 Hanson Boulevard NW, legally described above. WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets 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, though fire protection may become more important with the nature of the operation. 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 Jerome pikus to operate a home occupation (moulding business) in an accessory structure on said property with the following conditions: 1. The size of the lot shall be three 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, with the partition to be built to meet City code as determined by the Building Department. Page Two pikus Special Use Permit May 4, 1993 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 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 permit. 13. The hours of operation shall be between 8 a.m. to 4:30 p.m. Adopted by the City Council of the City of Andover on this 4th day of May, 1993. CITY OF ANDOVER ATlT: ( {J. t. @_ ~~ -t~ tVL f'J. E. Mc elvey, M or Victoria Volk, city Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 092-93 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF JIM AND JANE KNOLL TO OPERATE A COMMERCIAL GREENHOUSE ON THE PROPERTY LOCATED AT 14817 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED BELOW. WHEREAS, Jim and Jane Knoll have requested a Special Use Permit to operate a commercial greenhouse on the property located at 14817 Round Lake Boulevard NW, legally described as follows: The West 592.28 feet of the Northwest Quarter of the Northwest Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota, except the North 66 feet thereof, Also except the South 130 feet of the North 196 feet of the West 253 feet of said Quarter, Quarter; Except Roads; 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 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 Jim and Jane Knoll 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. The commercial greenhouse operation shall be limited to horticultural products only. Adopted by the City Council of the City of Andover on this 4th day of May, 1993. CITY OF ANDOVER A~: 1-' r Þ1~ ~~ .' E. MCKelvey, Ma r ·z~ iÆ/ Victoria Volk, City Clerk , O/q3 CITY OF ANDOVER )1, COUNTY OF ANOKA In STATE OF MINNESOTA NO. R 093-93 A RESOLUTION DEFERRING ASSESSMENTS ON PROPERTY OWNED BY KURT W. HURST AND SUSAN D. HURST. WHEREAS, the City of Andover (hereinafter referred to as "City") is constructing Improvement Projects 92-10 and 92-18 which will benefit certain Property of Kurt W. Hurst and Susan D. Hurst (hereinafter referred to as "Hursts" and property"); and WHEREAS, such Property is legally described as Lot 5, Watt's Garden Acres, Anoka County, Minnesota; and WHEREAS, the City needs easements over the property of the HUrsts in order to construct such improvements; and WHEREAS, the parties have agreed that the Hursts will grant such easements over the Property on the condition that such assessments levied for the improvement projects are deferred upon such terms and conditions set out herein. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Andover City Cóuncil: 1. That the assessments for Improvement Project No. 92-18 shall be levied against the Hurst Property but shall be deferred pursuant to Minnesota statute 429.061 according to the terms and conditions set out hereafter. 2 . That the Hursts agree to waive any rights of appeal under Minnesota Statute 429 pertaining to any issue of whether or not such improvements provide special benefit to their Property. 3. That such deferred assessments shall bear interest at the same rate as the assessments levied against other properties which benefit from the construction of said improvements. Such interest shall accrue and be paid along with the principal amount of the assessment when due and payable as further described in Paragraph 5. 4. Furthermore, the City shall not presently assess the cost of storm Sewer Improvement Project No. 92-10, or any interest thereon, to Hursts' property nor consider such a pending assessment. This storm water assessment shall be levied for payment as described in Paragraph 5. 5. In the event the Hursts sell all or any portion of their Property against which assessments have been levied but deferred or not assessed pursuant to the above paragraph, all annual installments of principal and interest for the entire Property which would have been due and payable had the assessments not been deferred shall be due and payable immediately on transfer of such property. That all remaining payments of principal and interest shall be paid in the same manner and at the same rate of interest as the assessments levied against other parcels benefited by such improvements. 6. That the City Clerk shall file a Certificate pursuant to Minnesota statute 429.061 against the Property of the Hursts which indicates the existence of deferred assessments. Adopted by the City Council of the City of Andover this 4th day of May , 1993. CITY OF ANDOVER Attest: J~~~cØr~/!-~ £,/;;~ áæ V1ctor1a Volk - City Clerk C.LTY Ut· ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 094-93 A RESOLUTION APPROVING THE FINAL PLAT OF WEYBRIDGE 3RD ADDITION AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, INC. IN SECTION 26-32-24, ANORA COUNTY, MN. WHEREAS, the City Council approved the preliminary plat of Weybridge ; and WHEREAS, the developer has presented the final plat of Weybridge . 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 Weybridge 3rd Addition contingent upon receipt of the following: 1. The City Attorney presenting 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 or Clerk until there is an executed Development Contract, escrow paid (15% of the total cost for the improvements for the property {streets, utilities, etc.}) and a contract for improvements awarded. 5. Street lights costs to be paid to Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat. 7. Subject to Metropolitan Council approval of the extension of sanitary sewer. BE IT FURTHER RESOLVED citing the following: 1. 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. 2. Park dedication has been paid in full for the 3rd Addition. Adopted by the City Council of the City of Andover this 4th day of May , 19 93. CFi~i~ ATTEST: /. E. Mc e1v y - or ~ IIdb Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 095-93 MOTION by Councilmember JiilCQb5QIl to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 92-19, WEYBRIDGE 3RD ADDITION FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 167-92, adopted by the City Council on the 1st day of September , 19 92 , TKDA has prepared final plans and specifications for Project 92-19 for sanitary sewer, watermain, street and storm drain construction; and WHEREAS, such final plans and specifications were presented to the Ci ty Counci 1 for their review on the 4th day of May , 19 93 . 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, June 10 , 19~ at the Andover City Hall. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 4th day of May , 19~, with Councilmernber nalipn, Knight-, PArry r M,...J( A 1 'trAY r .T;:tr"nhc:nn voting in favor of the resolution and Councilrnember none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: rf-' t, m~ J(,~ ;:T. E. MCKelvey - M or ~VL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 096-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FOREST LAKE CONTRACTING, INC. FOR PROJECT NO. 91-14 FOR THE IMPROVEMENT OF STREETS AND STORM DRAINAGE IN THE FOLLOWING AREA: 168TH LANE NW BETWEEN ROUND LAKE BOULEVARD NW (CSAH 9) AND 350 FEET WEST OF CROCUS STREET NW. WHEREAS, pursuant to a written contract signed with the City of Andover on October 1 , 19 91 , Forest Lake Contracting, Inc. of Forest Lake, MN ~ 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 Perry and adopted by the City Council at a regular meeting this 4th day of May , 19 93 , with Councilmember Da 1 j em . Perry. KnighT.. McKelvey, .Tacoh~on voting in favor of the resolution, and Councilmember >:)one voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: [). { Þl~ j(~ ¿:;a.E. McKelvey - or ~¡fß Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 097-93 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREETS , PROJECT NO. 91-5 IN THE NJORDMARK-DALE/178TH LANE NW AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 079-93 of the City Council adopted on the 20th day of April , 19 93 , fixed a date for a public hearIrïgT and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 4th day of May , 19 93 ; and - WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 91-5 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate BRA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 18th day of May , 19 93 , wi th Councilmembe r Dalien. McKelvey. Perry, Kniaht. Ja~ob~on voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: , f:~ E. MCKelvey - or ~ dd-- Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 098-93 A RESOLUTION VACATING A DRAINAGE EASEMENT TO ALLOW FOR THE CONSTRUCTION OF BUILDING SITE ON LOT 1, BLOCK 1, INDIAN MEADOWS. WHEREAS, pursuant to published and mailed notice, the City Council has conducted a public hearing on the vacation of a drainage easement located on Lot 1, Block 1, Indian Meadows; and WHEREAS, as a result of such hearing and review, the Ci ty Council recommends vacation of said drainage easement, legally described as follows: Description to vacate existing 40.00 foot drainage easement over Lot 1, Block 1, Indian Meadows, Anoka County, Minnesota. The easterly line of said easement is described as follows: Beginning at a point on the north line of said Lot 1 distant 20.00 feet westerly of the Northeast corner of said Lot 1; thence southwesterly to a point on the south line of said Lot 1 distant 80.00 feet westerly of the Southeast corner of said Lot 1 and there terminating. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover hereby agrees to vacate said drainage easement legally described above on Lot 1, Block 1, Indian Meadows. BE IT FURTHER RESOLVED that this easement vacation be approved subject to the following conditions: l. The applicant/property owner is responsible to obtain all necessary permits from the Lower Rum River Watershed Management Organization, the Minnesota Department of Natural Resources, the U.s. Army Corps of Engineers and any other agencies that may be interested in the site. 2. All unsuitable material shall be removed as required by the Building Department and Ordinance 10, Section 9.06. 3. Drainage easement for that area outside the buildable area. Adopted by the City Council of the City of Andover this 18th day of May , 19 93. CITY OF ANDOVER ATTEST: µMOK!;;z,:ß&:¡¡- ~i victoria V~ City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.099-93 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF DON EMMERICH TO CREATE TWO (2 ) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Don Emmerich has requested a lot split to create two (2 ) lots for the constru~tion of single family homes on the property located at 17153 Butternut Street 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 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 Citý 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. All lots fronts shall face interior streets. Adopted by the City Council of the City of Andover on this 18th day of May, 1993. CITY OF ANDOVER l'E~M~t~~r ATTEST IL~ ¡fß Victor1a Volk, City Clerk EXHIBIT A LEGAL DESCRIPTION That part of the Northeast Quarter of Section 12, Township 32, Range 24, Anoka County, Minnesota, described as follows: commencing at a point of intersection of the east line of said Northeast Quarter with the centerline of County Road No 18, as now laid out and constructed; said point being 720.07 feet southerly of the northeast corner of said Section 12; thence southwesterly along said centerline, deflecting 43 degrees 16 minutes 30 seconds on an assumed bearing of South 45 degrees 07 minutes 32 seconds West, a distance of 515.00 feet to the actual point of beginning of the tract to be described; thence continue South 45 degrees 07 minutes 32 seconds West, along said centerline, a distance of 286.70 feet; thence North 44 degrees 52 minutes 28 seconds west, 67.87 feet; thence on a curve, concave to the southwest, having a central angle of 18 degrees 15 minutes 01 seconds and a radius of 200.03 feet, a distance of 63.72 feet; thence North 63 degrees 07 minutes 29 seconds West, tangent to the last described curve, a distance of 53.09 feet; thence on a tangential curve, concave to the northeast, having a central angle of 64 degrees 58 minutes 31 seconds, and a radius of 200.01 feet, a distance of 226.82 feet; thence North 01 degrees 51 minutes 02 seconds East, on a line parallel with the east line of said Northeast Quarter, 546.09 feet; thence South 87 degrees 12 minutes 17 seconds East, on a line parallel with the north line of said Northeast Quarter, 262.01 feet; thence South 07 degrees 08 minutes 06 seconds West, a distance of 397.78 feet to a point, said point being the intersection of said line with a line drawn at right angles to the centerline of County Road No. 18, as now laid out and constructed, from the actual point of beginning of the land described above; thence southeasterly to the point of beginning. Reserving and subject to a 75.00 foot easement for County Road No. 18, and a 33 foot roadway easement along the southwesterly and westerly lines of the above described tract. Also reserving and subject to a 43.00 foot utility easement along the southwesterly and westerly lines of the above described tract and a 85.00 foot utility easement along County Road No. 18. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 100-93 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF MARK LIPSKI TO CREATE TWO ( 2 ) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Mark Lipski has requested a lot split to create a lot for the construction of a single family home on the property located at 629 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 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 18th day of May, 1993. CITY OF ANDOVER y, ~ m&k~ ATTEST {I' E. McKelvey, May¡ r ~iæ City Clerk Victoria volk, EXHIBIT A LEGAL DESCRIPTION That part of the Southwest Quarter of the Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota, lying southerly of the following described tract: Commencing at a point on the West line thereof distant 400.00 feet North of the Southwest Corner of said Section 13; thence North (assumed bearing) along the West line thereof a distance of 400.00 feet; thence East at right angles to said West line to the East line of said Southwest Quarter of the Southwest Quarter; thence South (southerly) along said East line a distance of 400.00 feet; thence West to the point of beginning. Except the West 660.00 feet thereof. Subject to the rights-of-way of l57th Avenue NW. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.101-93 A RESOLUTION GRANTING THE REZONING REQUEST OF WINSLOW HILLS PROPERTIES - PARTNERSHIP TO REZONE PROPERTY TO BE KNOWN AS WINSLOW HILLS 3RD ADDITION, LEGALLY DESCRIBED BELOW FROM R-l, SINGLE FAMILY RURAL TO R-4, SINGLE FAMILY URBAN. WHEREAS, Winslow Hills Properties - Partnership has requested a rezoning from R-l, Single Family Rural to R-4, Single Family Urban on the property 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 Ne;>. 8, Section 5.03(B) and that there is no negative effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding lands; there will be no negative effects on the values of property and scenic view in the surrounding area; and WHEREAS, the Planning and Zoning Commission finds that the request is also in compliance with Ordinance No. 8 , Section 5.02; and WHEREAS, a public hearing was held and there was no opposition to said rezoning; and WHEREAS, the Planning and zoning Commission does not make a recommendation to the City Council on the rezoning request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the rezoning of the property legally described on Exhibit A from R-1, Single Family Rural to R- 4, Single Family Urban. Adopted by the City Council of the City of Andover on this 18th day of May, 1993. CITY OF ANDOVER 12· ~. Þ1c-~ ¡fð. E. McKelv ,Ma r ATTEST {;z,~., i~ Victoria Vo k, City Clerk EXHIBIT A LEGAL DESCRIPTION " .' That part of the Southwest 1/4 of Section 23, Township 32, Range 24, described as follows: Beginning at the Southeast corner of Lot 9, Block 5, WINSLOW HILLS 2ND ADDITION according to the duly recorded plat thereof; thence North 0 degrees 32 minutes 28 seconds East, assumed bearing, along the most Easterly line of said WINSLOW HILLS 2ND ADDITION, a distance of 227.35 feet to the point of beginning of the property to be herein described; thence North 88 degrees 29 minutes 53 seconds East a distance of 20.00 feet; thence Northeasterly a distance of 137.77 feet along a tangential curve concave to the Northwest having a radius of 315.75 feet, and a central angle of 25 degrees 00 minutes 00 seconds; thence North 63 degrees 29 minutes 53 seconds East, tangent to said curJ'e a distance of 75.00 feet; thence Northeasterly a distance of 140.23 feet along a tangential curve concave to the Southeast having a radius of 633.58 feet and a central angle of 12 degrees 40 minutes 5~ seconds; thence North 0 degrees 32 minutes 28 seconds East, not tangent to said curve, a distance of 459,56 feet; thence North 60 degrees 35 minutes 47 seconds East, a distance of 262.46 feet; thence North 0 degrees 00 minutes 00 seconds West, a distance of 160,00 feet; thence North 52 degrees 52 minutes 52 seconds West, a distance of 1550.00 feet, to the center line of County Road No 18; thence South 51 degrees 48 minutes 18 seconds West, along said center line, a distance of 1108.00 feet; thence South 7 åegrees 46 minutes S4 seconds East a distance of 451.85 feet; thence South 44 degrees 15 minutes 00 seconås East a distance of 25l.00 feet to the northwest corner of Lot 16, Block 5, WINSLOW HILLS; thence northeasterly, southeaste~ly and northeasterly along the northerly line of said WINSLOW HILLS to the souchwesterly corner of Lot 10, Block 1, WINSLOW HILLS 2ND ADDITION; thence northerly, northeasterly, southea.sterly and southerly along the wes terly, northwesterly, northeasterly and easte=ly lines or said WINSLOW HILLS 2ND ADDITION to the point of beginning. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 102-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STORM DRAINAGE , PROJECT NO. 93-9 IN THE WINSLOW HILLS/XEON STREET NW AREA. WHEREAS, pursuant to Resolution No. 074-93, adopted the 6th day of April , 19 93 , a Feasibility Report has been prepared by TKDA for the improvements; and WHEREAS, such report was received by the City Council on the 18th day of May , 19 93 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 216.900.00 . 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. Q~-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 $ 216.900.00 . 3. A public hearing shall be held on such proposed improvement on the 15th day of June, 19 93 in the Council Chambers of the City Hall at and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 18th day of May , 19 93 , with Councilmember McKelvey. Jacobson, Kniqht, Perry, Dalien voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 1-- e. m~~ ATTEST: . E. McKelvey - Ma or I.L á-tt Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 103-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 93-5 FOR S.S., WM, ST, AND STORM DRAINS IN THE FOLLOWING AREA WINSLOW HILLS 3RD ADDITION . WHEREAS, the City Council did on the 16th day of February, 19 93 , 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 18th day of May , 19 93 ¡ 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 $ 794.000 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 $ 794.000.00 , 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 $47,000.00 with such payments to be made prior to commencement of work on the plans and specifications. MOTION seconded by Councilmember Dalien and adopted by the City Council at a regular Meeting this 18th day of May , 19~, with Councilmember McKelvey, Perry, Kniqht. Jacobson. n~lipn voting in favor of the resolution and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (j t J1Þ!(i . E. MCKelvey - yor ¡fJ L-</ ¿/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 104-93 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WINSLOW HILLS 3RD ADDITION AS BEING DEVELOPED BY WINSLOW HILLS PROPERTIES - PARTNERSHIP IN SECTION 23, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, pursuant to published and mailed notice thereof, the Andover City Council has conducted a public hearing and reviewed the preliminary plat of Winslow Hills 3rd Addition; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such hearing, the Planning and zoning Commission recommends approval of the plat citing the following: 1. Subject the review of the grading, drainage and erosion control plan by City Engineer and review by the City's consulting engineer. 2. 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. 3. Park dedication as recommended by the Park and Recreation Commission. 4. That the preliminary plat be reviewed to reflect the adjustment of the alignment of Bluebird Street and Co. Rd. 18 subject to the Anoka County Highway Department and the City according to the proposal dated April 27, 1993 and as reviewed as part of the revised sketch plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of winslow Hills 3rd Addition . Adopted by the City Council of the City of Andover this 18th day of May , 19 93. CITY OF ANDOVER ;J t; JlI~~ ATTEST: ty. E. MCKelvey - Ma ~¡f4 Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. RI05-93 A RESOLUTION SETTING A TREE PROTECTION PLAN REVIEW FEE IN ACCORDANCE WITH THE CITY OF ANDOVER TREE PRESERVATION POLICY. The city Council hereby ordains: The following fee is hereby established and will be collected with each building permit application: Tree Protection plan Review Fee $50.00 Adopted by the City Council of the City of Andover this 18th day of May , 1993. CITY OF ANDOVER Attest: I~" {~Ke?1~ (1::::;1- ~£¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 106-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER TO PROJECT NO. 92-13 FOR THE IMPROVEMENT OF WELL & PUMPHOUSE *4 CONSTRUCTION IN THE AREA OF CITY HALL . WHEREAS, the City of Andover has a contract for project No. 92-13, Well & Pumphouse *4 with Anderson Mechanicals of Shafer, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Change Order No. 1 to Project No. 92-13. MOTION seconded by Councilmember Perry and adopted by the City Council at a reqular meeting this 18th day of Mav , 19 93 , with Councilmember Knjght. McKf>lvf>Y· n~l i pn, ,T;:::¡..nh~nn . pprry voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (~;~/ ~(f£ Victoria Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 107-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 93-2, PINEWOOD ESTATES 2ND ADDITION FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 037-93 , adopted by the City Council on the 2nd day of February ,19 93 , and Resolution No. 088-93 , adopted by the City Council on t~th day of April, 19 93 , TKDA has prepared final plans and specifications for Project 93-2 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 May , 19 93 . 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 , Friday , June 11 , 19~ at the Andover City Hall. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 18th day of May , 19 ~, with Councilmember Dalien, Perry, Knight, Jacobson, McKelvey voting in favor of the resolution and Councilmember none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: y, r mG¿~:~ fiJ. E. MCKelvey - Mayor L~ tf¿£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. l08-93 MOTION by Councilmember Perry to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 93-10 FOR S.S., WM, ST, AND STORM DRAINS IN THE FOLLOWING AREA OF SUPERAMERICA LOCATED IN THE NORTHEAST CORNER OF THE INTERSECTION OF HANSON BOULEVARD AND BUNKER LAKE BOULEVARD . WHEREAS, the City Council did on the 20th day of April , 19 93 , 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 18th day of May , 19 93 ; 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 $ 76,800.00 . 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 $ 76,800.00 , 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 $ 6,000.00 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 18th day of May , 19~, with Councilmember J);:¡lipn. pprry. WnilJh+-. ,T;:¡(""(')hc:.rm. M(""KAlupy voting in favor of the resolution and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß· t ßv1Ætz Vð. E. McKelvey - ayor ¡[,L~ tfræ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 109-93 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 92-24 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF ANDOVER BOULEVARD FROM CROSSTOWN BOULEVARD TO HANSON BOULEVARD . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 073-93, dated April 6 , 1993, bids were received, opened and tabulated according to law with results as follows: 1. Mille Lacs Contracting $320,174.55 2. W. B. Miller Inc. $325,179.60 3. Ryan Contracting $336,489.70 The bid award is contingent upon State Aid approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Mille Lacs 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 Mille Lacs Contractinq in the amount of $ 320,174.55 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 Perry and adopted by the City Council at a regular meeting this 18th day of May , 19 ~, with Councilmember McKelvey, Da1ien, Perry, Jacobson, Kniqht voting in favor of the resolution, and Councilmember n(")n~ voting against, whereupon said resolution was declared passed. CITY OF ANDOVER r¡. r¿, J1lc-~~ ATTEST: ,j" E. McKelvey - Ma r IL~ Úb Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 110-93 MOTION by Councilmember Jacobson to adöpt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO E. H. RENNER AND SONS, INC. FOR PROJECT NO. 92-13 FOR THE IMPROVEMENT OF WELL *4 IN THE FOLLOWING AREA: CITY HALL TOWER #2 . WHEREAS, pursuant to a written contract signed with the city of Andover on se~tember 15 , 19 92, E. H. Renner and Sons, Inc. of El River, 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 18th day of May , 19 93 , with Councilmember Dalien. McKelvev. Perrv. Jacobson. Kniqht voting in favor of the resolution, and Councilmember nonp voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Jí. t, ~& ~~ (I. E. McKe vey - or IL~ ¡£¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rlll-93 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ACE SOLID WASTE TO CONSTRUCT A SIX (6' ) FOOT CHAIN LINK FENCE WITH AN ADDITIONAL ONE (1' ) FOOT BARBED WIRE SECURITY ARM ON THE PROPERTY LOCATED AT 3118 - 162ND LANE N.W. (PIN 16 32 24 23 0003) , LEGALLY DESCRIBED BELOW. WHEREAS, Ace Solid waste, Inc. has requested a Special Use Permit to construct a six (6' ) foot chain link fence with an additional one (1' ) foot barbed wire security arm on the property located at 3118 l62nd Lane N.W., legally described as follows: The East 250 feet of the West 650 feet of the South 433 feet of the North 2184.99 feet of the West Half of the Northwest Quarter of Section 16, Township 32, Range 24, Anoka county, Minnesota; Except roads; 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 8, Sections 4.21 and 5.03; and WHEREAS, the Planning and Zoning Commission tinds 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 Ace Solid Waste, Inc. to construct a six (6' ) foot chain link fence with an additional one (1' ) foot barbed wire security arm on the property located at 3118 162nd Lane N.W, legally described above with the following conditions: 1. The Special Use Permit shall be subject to a sunset clause as specified in Ordinance 8, Section 5.03(D). 2. The Special Use Permit will be subject to Staff review and inspection. 3. The fence shall be placed so the barbed wire security arm does not extend over the property line. Adopted by the City Council of the City of Andover this 1st day of June , 1993. CITY OF ANDOVER Attest: J~.{c~f;~ Lt-~ U Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 112-93 A RESOLUTION ACCEPTING A SUPPLEMENTAL FEASIBILITY STUDY FOR THE IMPROVEMENT OF PROJECT 93-10 FOR WATERMAIN, SANITARY SEWER, STREETS AND STORM DRAINS IN THE FOLLOWING AREA: SUPERAMERICA LOCATED IN THE NORTHEAST CORNER OF THE INTERSECTION OF HANSON BOULEVARD AND BUNKER LAKE BOULEVARD. WHEREAS, the City Council did on the 18th day of May 1993 accept the feasibility study for the improvements; and WHEREAS, the property owners have requested that a portion of the assessments be deferred until development; and WHEREAS, T.K.D.A. has prepared a supplemental feasibility study for the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the supplemental feasibility report with an estimated cost of improvements of $30,090.96 being assessed against the 280' x 260' parcel (Phase 1) being developed by SuperAmerica and the balance of $46,709.04 being deferred until development for the property not being developed at this time. CITY OF ANDOVER Attest: fÎ,~.h0~6 67.E. McKelvey - May k £¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 113-93 A RESOLUTION APPOINTING AN ACTING DEPUTY CITY CLERK AND AN ACTING DEPUTY CITY TREASURER. WHEREAS, in the absence of the Deputy City Clerk/Treasurer it is necessary to appoint an Acting Deputy City Clerk and Acting Deputy City Treasurer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Andover to hereby appoint Daryl Sulander as Acting Deputy City Clerk and Victoria volk as Acting Deputy City Treasurer. Adopted by the City Council of the City of Andover this 1st day of June , 1993. CITY OF ANDOVER Attest: ¡~ .f.Mc1!tvt~yor ,i~~ V1ctor1a Vo - City Clerk \,;L TY Uf' ANIJUVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 114-93 MOTION by Councilmember .Tacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS FOR PROJECT NO. 92-2 , WEYBRIDGE 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 $ 412,672.10 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 334,443.30 and work previously done amount to $ - 0 - so that the total cost of the improvement will be $ 747,115.40 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andove r , MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 67,489.98 and the amount of the cost to be assessed against benefited property owners is declared to be $ 679,625.42 . 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 per the Development Contract and shall bear interest at a rate of 7 percent per annum from the date of the adoption of this 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 P~rry and adopted by the City Council at a regular meeting this 1st day of June , 19 93 , with Councilmember Dalien. McKelvey. Kni gh-t, .T","oh"nn, pprry voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: l'E'ZCK~C;y/(~ !L~ ¡j¿t victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 115-93 MOTION by Councilmember '-T;:¡¡("'"nh~nn to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS PROJECT NO. 92-2 , WEYBRIDGE 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 per the Development Contract and shall bear interest at a rate of 7 percent per annum from the date of the adoption of this assessment resolution. MOTION seconded by Councilmember p~rry and adopted by the City Council at a regular meeting this 1st day of June , 19 93 , with Councilmember McKelvey, Dalien, Knight. Jacobson. Perry voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (/. ~. !It"~~~ ¡ft. E. McKe vey - r ¡{LA~/ <4f- Victoria Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 116-93 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, STORM DRAIN AND STREETS FOR PROJECT NO. 91-27 , THE MEADOWS OF ROUND LAKE . 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 $ 984,037.53 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 629,291.90 and work previously done amount to $ - 0 - so that the total cost of the improvement will be $ 1,613,329.43 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andove r , MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 119,924.14 and the amount of the cost to be assessed against benefited property owners is declared to be $ 1,493,405.29 . 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 per the Development Contract and shall bear interest at a rate of 7 percent per annum from the date of the adoption of this 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 Perry and adopted by the City Council at a regular meeting this ~ day of June , 19 93 , with Councilmember Dalien. McKelvey, Kniqh~, pprry, .TrI~oh~nn voting in favor of the resolution, and Councilmember nope voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E~'M!«ivr:~or (L~ ¡;¿¿ Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 117-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS PROJECT NO. 91-27, THE MEADOWS OF ROUND LAKE . 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 per the Development Contract and shall bear interest at a rate of 7 percent per annum from the date of the adoption of this assessment resolution. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 1st day of June , 19 93 , with Councilmember Dalien, Perry, McKelvey. Knight. Jacobson voting in favor of the resolution, and Councilmember nnnp. voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: -p. £. In c- (!1f; (/<f. E. McKelv y - or ¡{~ Id/- Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 118-93 A RESOLUTION ESTABLISHING AREA ASSESSMENT AND CONNECTION CHARGES. WHEREAS, construction of projects continues through more than one calendar year; and WHEREAS, city Resolution Number 228-92 states that the area and connection charges for sanitary sewer and watermain are adjusted annually; and WHEREAS, the assessments for said area and connection charges are levied against projects each construction year. NOW, THEREFORE, BE IT RESOLVED that costs should be assessed in the year the construction was completed or essentially completed and that will be used as the basis for the assessments. Adopted by the City Council of the city of Andover this 1st day of June , 1993 CITY OF ANDOVER Attest: rJ~· ~Mc~~1:~yor i~:z~·_~ ~ Victoria Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 119-93 A RESOLUTION DESIGNATING LOCATIONS FOR TEMPORARY NO PARKING ZONES DURING THE SENIOR PGA OPEN FROM JUNE 14-20, 1993 TO BE HELD AT THE BUNKER HILLS GOLF COURSE. WHEREAS, the temporary no parking zones are to be located at the following locations: 1. CASH 78 (Hanson Boulevard) from 133rd Avenue N.W. 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 June 14, 1993 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 temporary no parking zones as requested by the Anoka County Highway Department. Adopted by the City Council of the City of Andover this lst day of June, 1993. CITY OF ANDOVER Attest: 9. ~. m.;J(~ rY.E. McKelvey - May l4~4 Victor1a Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R120-93 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS DEDICATED TO PROJECT ADMINISTRATION, DRAINAGE AND MAPPING, AND WATER OR SEWER TRUNK AREA AND CONNECTION CHARGES ASSESSED WITH VARIOUS CAPITAL IMPROVEMENT PROJECTS. WHEREAS, Resolution Number R006-92 adopted the assessment roll for Capital Improvement Project *91-2 within Creekview Crossing; and WHEREAS, Resolution Number R035-92 adopted the assessment roll for Capital Improvement Project *91-4 within Hills of Bunker Lake 4th Addition; and WHEREAS, Resolution Number R201-92 adopted the assessment roll for Capital Improvement Project *91-25 within Hidden Creek East 4th Addition; and WHEREAS, Resolution Number R198-92 adopted the assessment roll for Capital Improvement Project *92-9 for 176th Lane; and WHEREAS, these assessment include amounts dedicated for project Administration, Drainage and Mapping, and Water or Sewer Area and Connections charges which are accounted for in seperate Funds from the Bond Debt Service Funds the assessments have been receipted into. NOW, THEREFORE BE IT RESOLVED that assessments collected from these projects be transferred as specified by the special assessment report used to create the assessment rolls previously adopted as follows: From Fund To Fund Description Amount 341 804 project Administration $36, 672.64 499 804 project Administration 938.00 341 225 Drainage and Mapping 3,374.95 499 225 Drainage and Mapping 304.00 341 398 Water Area and Connections 194,843.00 341 399 Sewer Area and Connections 61,894.62 CITY OF ANDOVER ATTEST: r/:' f- )¡;/Å~ I{~ ¡/tLf-, . . E. McKelvey - yor Victoria Volk - City Clerk , ¡., " / c'3 IIJof e.dI ? - -1 - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 121-93 A RESOLUTION APPROVING THE FINAL PLAT OF PINEWOOD ESTATES 2ND ADDITION AS BEING DEVELOPED BY CONTINENTAL DEVELOPMENT CORP. IN SECTION 27-32-24, ANOKA COUNTY, MN. WHEREAS, the City Council approved the preliminary plat of Pinewood Estates ; and WHEREAS, the developer has presented the final plat of pinewood Estates 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 pinewood Estates 2nd Addition contingent upon receipt of the following: l. The City Attorney presenting 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 or Clerk until there is an executed Development Contract, escrow paid (15% of the total cost for the improvements for the property {streets, utili ties, etc.}) and a contract for improvements awarded. 5. Street lights costs to be paid to Anoka Electric Cooperative. 6 . Receipt of all necessary drainage and utility easements outside the plat. 7. Subject to an accepted grading and drainage plan being submitted to the City. BE IT FURTHER RESOLVED citing the following: 1. 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. 2. park dedication will be cash in lieu of land. Adopted by the City Council of the City of Andover this 1st day of June , 19 93. CITY OF ANDOVER ATTEST: Q. l. mv J(;1~ (I. E. McKelvey - May Æ~~ ;t¿¡ Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 122-93 MOTION by Councilmember ,Jac.obson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STORM DRAINS , PROJECT NO. 93-9 IN THE WINSLOW HILLS/XEON STREET NW AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 102-93 of the City Council adopted on the 18th day of May , 19 93 , fixed a date for a public hearrng) and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 15th day of June , 19-2.,L ; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement project No. 93-9 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Parr:T and adopted by the City Council at a regular meeting this 15th day of June , 19 93 , with Councilmembers Da1ien, McKelvey, Perry, Knight, Jacobson voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ; 'E~'MCÌ{!rvK:ß~r tl~ £t¿ Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R123-93 A RESOLUTION AMENDING RESOLUTION NO. R067-92 EXTENDING THE HOURS OF HAULING FOR THE SPECIAL USE PERMIT GRANTED TO WASTECO, INC. TO ALLOW FOR LAND RECLAMATION ACTIVITIES ON THE PROPERTY LEGALLY DESCRIBED AS: ( 1 ) the Northeast Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. ( 2 ) the Northwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, Carl Bolander and Sons Company and Eagle Trucking have requested an extension of the hours of hauling to conduct land reclamation activities on the property legally described above; and WHEREAS, the City Council hereby agrees the nature of the operation warrants an extension or the hauling hours. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the extension of the hauling hours to Bolander and Sons Company and Eagle Trucking to conduct land reclamation activities on said property with the following conditions: 1. Hauling of materials shall be limited to Monday through Friday, 7:00 A.M. to 8:00 P.M. and Saturdays 8:00 A.M. to 5:00 P.M. Adopted by the City Council of the City of Andover on this 15th day of June, 1993. CITY OF ANDOVER ATTEST: fl· { Me ¡¿~ qï E. MCKeivey, M or ~¡f~ City Clerk Victoria Volk, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R124 -93 Motion by Councilmember Jacobson to adopt the following: A RESOLUTION AUTHORIZING THE EXPENDITURE FOR STORM SEWER CONSTRUCTION FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R074-90 established a Permanent Improvement Revolving Fund containing a Public Improvement Account designed to fund capital improvement project expenditures; and WHEREAS, the City has installed culvert and riprap to channel storm water runoff from 177th Ave and Blackfoot St which has not stopped the erosion problem; and WHEREAS, the city Council recognizes the need to construct storm sewer to prevent further erosion at 177th Ave and Blackfoot St. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby authorizes the expenditure of up to $12,500 from the Permanent Improvement Revolving Fund Public Improvement Fund for the construction of storm sewer at 177th Ave and Blackfoot st. MOTION seconded by Councilmember Knight and adopted by the city Council at a regular meeting this 15th day of June , 1993 with Councilmembers n;:¡l;ø"J PørrYJ Mr'R'"øl'uøy, T~I"'("\'hor....n, Tl.......;' gr.r voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fl [. M~rA~~yor pr. E. ~¡~ Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 125-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 93-2 FOR SS, WM, STR. & ST. DRAIN CONSTRUCTION IN THE AREA OF PINEWOOD ESTATES 2ND ADDITION . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 107-93, dated May 18, 1993 , bids were received, opened and tabulated according to law with results as follows: 1. Mille Lacs Contracting $382,040.60 2. S.R. Weidema, Inc. $400,683.09 3. Annandale Contracting $4l2,63l.l7 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Mille Lacs Contractinq as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Mille Lacs Jontracting in the amount of $382.040 60 for construction 0 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 Knig-ht and adopted by the City Council at a regular meeting this 15th day of June , 19...2l, with Councilmembers Dalien, McKelvey, Perry, Jacobson, Knight voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Ç), ct. h1f1J(~ fl. E. McKe vey - ayor ATTEST: ~ðd£ Victona Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 126-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN , PROJECT NO. 93-11 , IN THE EMERALD GLEN AREA. WHEREAS, the City Council has received a petition, dated June 1, 1993 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2 . Escrow amount for feasibility report is $1,000.00 . 3. The proposed improvement is hereby referred to TKDA , and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Knight and adopted by the city Council at a regular Meeting this 15th day of June , 19 93 , with Councilmembers Dalip..n. Mr.Kp'11PY, Pprry, T.::¡r>n'hc,,-n , 'k"n;ght voting in favor of the resolution, and Councilmember R8ÐB voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0, t. );;6k4 ;t. E. MCKelvey - ayor I IL~ ff14 Victor~a Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 127-93 A RESOLUTION APPROVING THE REVISED GRADING AND DRAINAGE PLAN OF PINEWOOD ESTATES 2ND ADDITION AS BEING DEVELOPED BY CONTINENTAL DEVELOPMENT CORP. IN SECTION 27, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised grading and drainage plan; and WHEREAS, Resolution No. 089-92 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading and drainage plan with a revision date of June 10, 1993 . NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Andover to hereby approve the revised grading and drainage plan. Adopted by the City Council of the City of Andover this 15th day of June , 19 93. CITY OF ANDOVER ATTEST: d. f. mC/ j(p¡¿~ {l' E. McKelvey - yor ,¿L;t~ ¡~ V1ctor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 128-93 A RESOLUTION APPROVING THE FINAL PLAT OF KADLEC ESTATES AS BEING DEVELOPED BY KADLEC CONSTRUCTION COMPANY IN SECTION 8-32-24. WHEREAS, the City Council approved the preliminary plat of Kadlec Estates ; and WHEREAS, the developer has presented the final plat of Kadlec Estates . WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Kadlec Estates 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 provide a one-year warranty escrow or bond for the street and storm sewer improvement as determined by the City Engineer. 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 accordingly to the grading plan submitted and approved by the City. 5. Street lights 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. Variance is required for 153rd Avenue NW as the street is offset approximately 20 feet from the existing 153rd Avenue NW from Lakeridge as indicated in Ordinance 10, Section 9,03(e). 2. Variance is required for Lot 1, Block 1 from Ordinance 10, Section 9.02(c) as the lot directly accessed to Round Lake Boulevard. If the home is destroyed the lot is required to front and access 153rd Avenue NW. 3. The developer is responsible to obtain all permits from the Watershed Management Organization, DNR, Corps of Engineers, LGU and any other agency that is interested in the site. 4. The City Staff and PCA Staff make a final inspection of the cleanup of the dump site. Adopted by the city Council of the City of Andover this 15th day of June , 19 93. CITY OF ANDOVER ATTEST: (). t: }Øc- k d,J'i;( p. E. McKelvey - M or ~'14 v1ct~a Volk - city Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R129-93 A RESOLUTION APPOINTING AN ACTING CITY ADMINISTRATOR. WHÈREAS, in the absence of the City Administrator it is necessary to appoint an Acting City Administrator. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby appoint Daryl E. Sulander as Acting City Administrator. Adopted by the City Council of the City of Andover this 15th day of June , 1993. CITY OF ANDOVER ATTEST: a. ç. ?ttJ(~~ ~dd? I' E. Mc elvey - yor victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 130-93 A RESOLUTION APPROVING THE VARIANCE REQUEST OF BRADLEY MELLAND TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A THIRTY-FIVE (35') FOOT SIDEYARD SETBACK FROM THE STREET TO ALLOW FOR THE PLACEMENT OF A DECK ENCROACHING OVER NINE (9') FEET INTO THE REQUIRED SIDEYARD SETBACK ON THE PROPERTY LOCATED AT 14365 ZILLA STREET NW, LEGALLY DESCRIBED AS LOT 11, BLOCK 1, OLD COLONY ESTATES. WHEREAS, Bradley Melland has requested a variance to Ordinance No.8, Section 6.02 which requires a thirty-five (35') foot sideyard setback from the street to allow for the construction and placement of a deck encroaching over nine (9') feet into the required sideyard setback on the property legally described as Lot 11, Block 1, Old Colony Estates; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04 in that a hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning & Zoning Commission does not make a recommendation to the City Council on the variance request. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves the variance requested by Bradley Melland to Ordinance No.8, Section 6.02 which requires a thirty-five (35') foot sideyard setback from the street to allow for the construction and placement of a deck encroaching over nine (9') feet into the required sideyard setback on the property legally described as Lot 11, Block 1, Old Colony Estates. Adopted by the City Council of the City of Andover this 15th day of June, 1993. CITY OF ANDOVER o .~ . {, };f,- ATTEST: ¡J. E. MCKel/(':, Ma r LL/~ Victoria volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R131-93 Motion by Councilmember l<n;gh-t to adopt the following: A RESOLUTION AUTHORIZING THE EXPENDITURES FOR STREET MAINTENANCE EQUIPMENT FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R074-90 established a Permanent Improvement Revolving Fund containing a Capital Improvement Account designed to fund capital expenditures; and WHEREAS, the City Council recognizes the need to implement a street pavement management program to extend the useable life of city streets; and WHEREAS, the City has reviewed specific equipment and identified various segments of city streets in need of immediate repair. NOW, THEREFORE BE IT RESOLVED that the city Council of the City of Andover hereby authorizes the expenditure of up to $45,000 plus sales tax and delivery charges from the Permanent Improvement Revolving Fund Capital Improvement Fund for one pothole patching machine and mounting equipment for unit *180. MOTION seconded by Councilmember T::at"nh~nn and adopted by the City Council at a regular meeting this 15th day of June , 1993 with Councilmembers Dalien. McKelvev,Perry, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: O. t bIt J(J.~ ~ ¡/vffi f' E. McKe vey - or Victoria Volk - city Clerk I 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 the City on Tuesday, June 15, 1993, commencing at 7;30 P.M. The following members of the Council were present; McKelvey, Perry, Dalien, Jacobson, Knight and the following were absent; None * * * * * * * * * The following resolution was presented by Counci1member Dalien who moved its adoption; RESOLUTION NO. .lJ1::23 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,650,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993A BE IT RESOLVED By the City Council of the City of Andover, Anoka County, Minnesota (City) as follows; 1- It is hereby determined that: (a) the City has issued and sold its General Obligation Temporary Improvement Bonds, Series 1990B, dated December 1, 1990 in the appropriate principal amount of $1,550,000 (Temporary Bonds). The Temporary Bonds mature on December 1, 1993 and are subject to redemption on December 1, 1992 and on any date thereafter. It is desirable that the Temporary Bonds be called for redemption and redeemed and paid as soon as practicable; and DJK54511 AN165-11 , Total Project Desi¡;!;!lation & Description: Project Cost Refunding of General Obligation Temporary Improvement Bonds due December 1, 1993 $1,550,000 93-2 Pinewood Estates 2nd Addition 297,000 93-5 Winslow Hills 3rd Addition 860,000 92-29 Echo Ridge 640,000 92-20 Woodland Creek 3rd Addition 439,000 92-19 Weybridge 3rd Addition 398,000 92-18 Jay St./Watts Garden Acres 144,200 92-16 Pheasant Glen 270,000 Pond C change order 20,000 Gross amount of funding needs: $4,618,500 Currently available City funds to defray portion of costs: Anoka County payment for their road improvements $265,000 Tax Increment funds available 580,000 Debt service funds available, Projects 87-12, 87-22, 87-25, 87-28, 87-29, 86-05, and 86-19 280,000 Total Available City Funds $1,125,000 Project Costs to be financed $3,493,500 Underwriters discount 60,000 Six months capitalized interest 96,500 Total amount of bonds to be issued $3,650,000 (b) the following assessable public improvements (the Improvements) have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429 (Act); and (c) it is necessary and expedient to the sound financial management of the affairs of the City to issue $3,650,000 General Obligation Improvement Bonds, Series 1993A (Bonds) pursuant to the Act to provide financing for the Improvements and to refund the Temporary Bonds. 2. To provide financing for the Improvements and the refunding, the City will issue and sell Bonds in the amount of $3,590,000. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $60,000. The excess of the purchase price of the Bonds over the sum of $3,590,000 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the . terms of the following Official Notice of Sale: DJK54511 AN165-1.1 OFFICIAL NOTICE OF SALE $3,650,000 General Obligation Improvement Bonds, Series 1993A City of Andover Anoka County, Minnesota NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota, will consider sealed bids at the City Hall in the City of Andover on Tuesday, July 20, 1993, at 7: 30 p. m., C. T ., for the purchase of the above bonds. The bonds are offered on the following terms. Purpose and Security The purpose of the bonds is to provide funds for the financing of assessable public improvements in the City. The bonds will be general obligations of the City, for which its full faith, credit and taxing powers are pledged together with special assessments against benefitted properties. Date and Maturities The bonds will be issued in fully registered form, will be dated August 1, 1993, will be in denominations of integral multiples of $5,000 each and will mature on August 1, in the years and amounts as follows: Year Amount Year Amount 1994 $365,000 1999 $365,000 1995 365,000 2000 365,000 1996 365,000 2001 365,000 1997 365,000 2002 365,000 1998 365,000 2003 365,000 Redemption The City may elect on August 1, 2000 or on any date thereafter to redeem and prepay bonds of tlùs issue maturing on or after August 1, 2001 at a price of par plus accrued interest to date of redemption. Prepayment may be in whole or in part and will be in inverse order of maturities and by lot witlùn maturities. Interest Interest on the bonds will be payable on February 1, 1994, and semiannually thereafter on each August 1 and February 1. Bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for bonds of any subsequent maturity. Each rate must be in an integral multiple of 1/20 or 1/8 of 1%. DJK5451l AN165-11 Registrar The City will name the Registrar which will be subject to applicable SEC regulations. Principal will be payable at the principal office of the Registrar and interest will be payable by check or draft of the Registrar mailed to the registered holder of a bond. The City will pay the reasonable and customary charges for the services of the Registrar. CUSIP Numbers The City assumes no obligation for the assignment or printing of CUSIP numbers on the bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. Delivery Within 40 days after sale, the City will furnish and deliver to the office of the purchaser or, at its option, will deposit with a bank in the United States selected by it and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed and executed bonds, the unqualified opinion thereon of bond counsel, and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. The charge of the delivery agent must be paid by the purchaser but all other costs will be paid by the City. The purchase price must be paid upon delivery of the bonds in funds available for expenditure by the City on the day of payment. Lee:al Opinion An unqualified legal opinion on the bonds will be furnished by Holmes & Graven, Chartered, Minneapolis, Minnesota. The legal opinion will be printed on the bonds at the request of the purchaser. The legal opinion will state that the bonds are valid and binding general obligations of the City payable primarily from special assessments against benefitted properties and that the City is required by law to levy taxes for the principal and interest thereon as the same become due without limit as to rate or amount. 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 as required by Rule 15c2-12 of the Securities and Exchange Commission. The Official Statement, when further supplemented by an addendum or addenda specifying the interest rates of the Bonds, together with any other information required by law, will 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 an official Bid Form therefor, the City agrees that, no more than seven business days after the date of such award, it will provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 25 copies of the Official DJK54511 AN165-11 Statement and the 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 executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it will accept such designation and (ii) it will 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. Type of Bid - Amount Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time specified above for the opening of bids. A bid must be unconditional and must be accompanied by a cashier's or certified check or bank draft in the amount of $73,000, payable to the City Treasurer, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The good faith check will be deposited by the City and deducted from the settlement amount at the delivery of the bonds. The bid authorizing the lowest net interest cost (total interest from date of bonds to stated maturities, less any cash premium or plus any amount less than $3,650,000 bid for principal) will be deemed the most favorable. No oral bid and no bid of less than $3,590,000 for principal plus accrued interest on all of the bonds will be considered. The City reserves the right to reject any and all bids and to waive an informality in a bid. BY ORDER OF THE CITY COUNCIL /s/ Vicki V olk City Clerk Dated: June 15, 1993. 3. The Clerk is authorized and directed to advertise the Bonds for sale in accordance with the foregoing Official Notice of Sale and to publish the abbreviated notice of sale attached hereto as Exhibit A in the manner required by law. The City Council will meet at 7:30 p.m. on Tuesday, July 20, 1993, to consider bids on the Bonds and take any other appropriate action with respect to the Bonds. DJ1<5451l AN165-11 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Perry , and upon vote being taken thereon the following members voted in favor of the motion: McKelvey, Perry, Dalien, Jacobson, Knight and the following voted against: None whereupon the resolution was declared duly passed and adopted. DJK54511 AN165-1l Exhibit A NOTICE OF BOND SALE $3,650,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993A CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be considered at a meeting of the City Council at 7:30 p.m. on Tuesday, July 20, 1993, at the City Hall in Andover, Minnesota. The bonds are offered on the following terms. The bonds will be dated August 1, 1993, will bear interest payable semiannually on each August 1 and February 1, commencing February 1, 1994, and will mature on August 1 in the years and amounts as follows: Year Amount Year Amount 1994 $365,000 1999 $365,000 1995 365,000 2000 365,000 1996 365,000 2001 365,000 1997 365,000 2002 365,000 1998 365,000 2003 365,000 The City may elect on August 1, 2000 or on any date thereafter to redeem and prepay bonds of this issue maturing on or after August 1, 2001 at a price of par plus accrued interest to date of redemption. Prepayment may be in whole or in part and will be in inverse order of maturities and by lot within maturities. Bidders must specify a price of not less than $3,590,000 plus accrued interest. A legal opinion on the bonds will be furnished by Holmes & Graven, Chartered, Minneapolis, Minnesota. The proceeds of the bonds will be used to finance a portion of the costs of various assessable public improvements in the City. Bidders should be aware that the Official Statement to be distributed for the bonds may contain additional bidding terms and information relative to the bonds. In the event of a variance between statements in this Notice of Bond Sale and the Official Statement bidders must comply with the terms of the latter. BY ORDER OF THE CITY COUNCIL Isl Vicki Volk City Clerk Dated: June 15, 1993. DJR54511 AN165-11 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, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Tuesday, June 15, 1993, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $3,650,000 General Obligation Improvement Bonds, Series 1993A of the City. WITNESS My hand as City Clerk and the corporate seal of the City this day of , 1993. ~!Úb City Clerk City of Andover, Minnesota (SEALì DJK54511 AN165-11 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 the City on Tuesday, June 15, 1993, commencing at 7:30 P.M. The following members of the Council were present: McKelvey, Dalien, Knight, Jacobson, Perry and the following were absent: Non¡** *** *** The following resolution was presented by Councilmember Jacobson who moved its adoption: I RESOLUTION NO. D, 93 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $520,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1993B BE IT RESOLVED By the City Council of the City of Andover, Anoka County, Minnesota (City) as follows: 1. It is hereby determined that: (a) the City has duly established the Development District No. 1 (District) pursuant to Minnesota Statutes, Sections 469.124 through 469.134 (the Act); (b) the City has duly established tax increment financing district no. 1-2 (TIF District) within the District pursuant to Minnesota Statutes, Section 469.174 to 469.179 (TIF Act); (c) the City is authorized by Section 469.178 of the TIF Act to issue and sell its general obligations to pay all or a portion of the public development costs (Costs) related to the District as DJK54514 AN165-11 identified in the development program and tax increment financing plan (Plan) for the TIF District; (d) the following Costs to be financed by the Bonds are authorized by the Plan: Improvements to Commercial Boulevard within Tax Increment Financing District 1-2 Right of way acquisition $ 220,000 Construction cost including overhead 866,400 Discount, capitalized interest and issuance costs 50,000 Total estimated costs $1,136,000 Tax increment funds available as of 12/31/92 $620,000 (these are in addition to those funds listed above) Amount of General Obligation Tax Increment Bonds to be issued in 1993 $520,000 (e) it is necessary and expedient to the sound financial management of the affairs of the City to issue $520,000 General Obligation Tax Increment Bonds, Series 1993B (Bonds) to provide financing for the Costs. 2. In order to provide financing for the Costs, the City will therefore issue and sell Bonds in the amount of $510,000. In order to provide in part the additional interest required to market the Bonds at this time, additional Bonds will be issued in the amount of $10,000. The excess of the purchase price of the Bonds over the sum of $510,000 will be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the additional Bonds. The Bonds will be issued, sold and delivered in accordance with the terms of the following Official Notice of Sale: DJ1<54514 AN165...U OFFICIAL NOTICE OF SALE $520,000 General Obligation Tax Increment Bonds, Series 1993B City of Andover Anoka County, Minnesota NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota, will consider sealed bids at the City Hall in the City of Andover on Tuesday, July 20, 1993, at 7:30 p.m., C. T., for the purchase of the above bonds. The bonds are offered on the following terms: Purpose and Security The purpose of the bonds is to provide funds for the financing of public development costs in a tax increment financing district in the City. The bonds will be general obligations of the City, for which its full faith, credit and taxing powers are pledged together with tax increments from the district. Date and Maturities The bonds will be issued in fully registered form, will be dated August 1, 1993, will be in denominations of integral multiples of $5,000 each and will mature on August 1, in the years and amounts as follows: Year Amount Year Amount 1994 $50,000 1999 $50,000 1995 50,000 2000 55,000 1996 50,000 2001 55,000 1997 50,000 2002 55,000 1998 50,000 2003 55,000 Redemption The City may elect on August 1, 2000 or on any date thereafter to redeem and prepay bonds of this issue maturing on or after August 1, 2001 at a price of par plus accrued interest to date of redemption. Prepayment may be in whole or in part and will be in inverse order of maturities and by lot within maturities. Interest Interest on the bonds will be payable on February 1, 1994, and semiannually thereafter on each August 1 and February 1. Bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for bonds of any subsequent maturity. Each rate must be in an integral multiple of 1/20 or 1/8 of 1%. DJlIi.545 14 AN165-11 Registrar The City will name the Registrar which will be subject to applicable SEC regulations. Principal will be payable at the principal office of the Registrar and interest will be payable by check or draft of the Registrar mailed to the registered holder of a bond. The City will pay the reasonable and customary charges for the services of the Registrar. CUSIP Numbers The City assumes no obligation for the assignment or printing of CUSIP numbers on the bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser if the purchaser waives any extension of the time of delivery caused thereby. Delivery Within 40 days after sale, the City will furnish and deliver to the office of the purchaser or, at its option, will deposit with a bank in the United States selected by it and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed and executed bonds, the unqualified opinion thereon of bond counsel, and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. The charge of the delivery agent must be paid by the purchaser but all other costs will be paid by the City. The purchase price must be paid upon delivery of the bonds in funds available for expenditure by the City on the day of payment. Legal Opinion An unqualified legal opinion on the bonds will be furnished by Holmes & Graven, Chartered, Minneapolis, Minnesota. The legal opinion will be printed on the bonds at the request of the purchaser. The legal opinion will state that the bonds are valid and binding general obligations of the City payable primarily from tax increments, and that the City is required by law to levy taxes for the principal and interest thereon as the same become due without limit as to rate or amount. 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 as required by Rule 15c2-12 of the Securities and Exchange Commission. The Official Statement, when further supplemented by an addendum or addenda specifying the interest rates of the Bonds, together with any other information required by law, will 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 an official Bid Form therefor, the City agrees that, no more than seven business days after the date of such award, it will provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 25 copies of the Official Statement and the addenda described above. The City designates the senior DJKS45U AN165-11 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 executing and delivering an Official Bid Form with respect to the Bonds agrees thereby that if its bid is accepted by the City (i) it will accept such designation and (ii) it will 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. Type of Bid - Amount Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time of the meeting. A bid must be unconditional and must be accompanied by a cashier's or certified check or bank draft in the amount of $10,400, payable to the City Treasurer, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The good faith check will be deposited by the City and deducted from the settlement amount at the delivery of the bonds. The bid authorizing the lowest net interest cost (total interest from date of bonds to stated maturities, less any cash premium or plus any amount less than $520,000 bid for principal) will be deemed the most favorable. No oral bid and no bid of less than $510,000 for principal plus accrued interest on all of the bonds will be considered. The City reserves the right to reject any and all bids and to waive an informality in a bid. BY ORDER OF THE CITY COUNCIL Isf Vicki Volk City Clerk Dated: June 15, 1993. 3. The Clerk is authorized and directed to advertise the Bonds for sale in accordance with the foregoing Official Notice of Sale and to publish the abbreviated notice of sale attached hereto as Exhibit A in the manner required by law. The City Council will meet at 7:30 p.m. on Tuesday, July 20, 1993, to consider bids on the Bonds and take any other appropriate action with respect to the Bonds. DJK54514 AII165-11 The motion for the ad:JpLm of the foregoing resolution was duly seconded by Councilmember Perry , and upon vote being taken thereon the following members voted in favor of the motion: McKelvey, Dalien, Perry, Jacobson, Knight and the following voted against: None whereupon the resolution was declared duly passed and adopted. DJ1'\S4514 AN165-11 Exhibit A NOTICE OF BOND SALE $520,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1993B CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that sealed bids for the purchase of the above bonds will be considered at a meeting of the City Council at 7: 30 p. m. on Tuesday, July 20, 1993, at the City Hall in Andover, Minnesota. The bonds are offered on the following terms. The bonds will be dated August 1, 1993, will bear interest payable semiannually on each August 1 and February 1, commencing February 1, 1994, and will mature on August 1 in the years and amounts as follows: Year Amount Year Amount 1994 $50,000 1999 $50,000 1995 50,000 2000 55,000 1996 50,000 2001 55,000 1997 50,000 2002 55,000 1998 50,000 2003 55,000 The City may elect on August 1, 2000 or on any date thereafter to redeem and prepay bonds of this issue maturing on or after August 1, 2001 at a price of par plus accrued interest to date of redemption. Prepayment may be in whole or in part and will be in inverse order of maturities and by lot within maturities. Bidders must specify a price of not less than $510,000 plus accrued interest. A legal opinion on the bonds will be furnished by Holmes & Graven, Chartered, Minneapolis, Minnesota. The proceeds of the bonds will be used to finance public development costs related to a tax increment financing district in the City. Bidders should be aware that the Official Statement to be distributed for the bonds may contain additional bidding terms and information relative to the bonds. In the event of a variance between statements in this Notice of Bond Sale and the Official Statement bidders must comply with the terms of the latter. BY ORDER OF THE CITY COUNCIL Is! Vicki Volk City Clerk Dated: June 15, 1993. DJK54514 AN165-1l 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, hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on Tuesday, June 15, 1993, with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes, insofar as they relate to the issuance and sale of $520,000 General Obligation Tax Increment Bonds, Series 1993B of the City. WITNESS My hand as City Clerk and the corporate seal of the City this _ day of , 1993. ~ l,.æ City Clerk City of Andover, Minnesota (SEAL) PJ1I:54514 AN165-11 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 134-93 MOTION by Councilmember Pørry to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 92-19 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF WEYBRIDGE 3RD ADDITION . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 095-93, dated May 4, 1993 , bids were received, opened and tabulated according to law with results as follows: 1. Old Is Gold Construction $l99,927.32 2. Yolk Sewer/Water $205,274.99 3. Mille Lacs Contracting $211,966.97 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Old Is Gold Construction as being the apparent low bidder subject to receipt of the following: 1. Revised Grading, Drainage and Erosion Control Plan. 2. A written agreement between the City and the developer as to the developer's costs of the improvements. BE IT FURTHER RESOLVED TO HEREBY d.irect the Mayor and City Clerk to enter into a contract with Old Is Gold Construction in the amount of t19fi 921.32 for construction of the improvements; and direc t é Clty 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 Knignt and adopted by the City Council at a regular meeting this 15th day of June , 19~, with Councilmembers McKelvey, Perry, Jacobson. Knight. Dalien voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 1'/ /:tc;lto!~YOr ATTEST: ~ J;¿¿ Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RÊS. NO. 135-93 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICAT!ONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 92-25, UNIVERSITY AVENUE EXTENSION FOR STREET AND STORM SEWER' CONSTRUCTION. WHEREAS, pursuant to Resolution No. 024-93 , adopted by the City Council on the 2nd day of February , 19 93, Comstock & Davis has prepared final plans and specifications for project 92-25 for street and storm sewer construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 15th day of June , 19 93 . 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 , Monday , July 12 , 19~ at the Ham Lake City Hall. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 15th day of June , 19~, with Couuncilmembers Da] i en ~ Perry, McKelvey, Jacobson, Knight voting in favor of the resolution and Councilmember nnnp voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (). f. Mc1:fv1: ~*r ð· E. ~¡f¿¿ Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rl1h -93 A RESOLUTION ESTABLISHING A DEFERRED COMPENSATION PLAN TO BE ADMINISTERED BY THE ICMA RETIREMENT CORPORATION. WHEREAS, the City of Andover has employees rendering valuable services; and WHEREAS, the establishment of a deferred compensation plan for such employees serves the interests of the City of Andover by enabling it to provide reasonable retirement security for its employees, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the City of Andover has determined that the establishment of a deferred compensation plan to be administered by the ICMA Retirement corporation serves the above objectives; and WHEREAS, the City of Andover desires that its deferred compensation plan be administered by the ICMA Retirement Corporation, and that the funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; NOW, THEREFORE, BE IT RESOLVED that the City of Andover hereby adopts the deferred compensation plan as referred to in Appendix A. BE IT FURTHER RESOLVED that the City of Andover hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto as Appendix B, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the City of Andover,if the assets of the plan are to be invested in the ICMA Retirement Trust. BE IT FURTHER RESOLVED that the Finance Director shall be the coordinator for this program; shall receive necessary reports, notices, etc. from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the City of Andover, any required votes under the ICMA Retirement Trust; Administrative duties to carry out the plan may be assigned to the appropriate departments, and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. Adopted by the City Council of the City of Andover this 15th day of June , 1993. CITY OF ANDOVER ATTEST: !J.t M~~~~~or fl' E. ~. 14 V1ct~ volk - City Clerk Deferred Compensation Plan Document (Appendix A) ICMA RETIRDIENT CORPORArJO'i .....-- .- 08/89 DEFERRED COMPENSATION PLAN DOCUMENT ARTICLE I. INTRODUCTION and who has been designated by the Employer as The Employer hereby establishes the Employers Deferred eligible to participate in the Plan. Compensation Plan, hereinafter referred to as the "Plan," Section 2.06 Includible Compensation: The amount at The Plan consists of the provisions set forth in this document. an Employee's compensation trom the Employerfor The primary purpose of this Plan is to provide retirement a taxable year that is attributable to services per- formed for the Employer and that is includible in the income and other deferred benefits to the Employees ot the Employee's gross income for the taxable year for Employer in accordance with the provisions of Section 457 of federal income tax purposes; such term does not the Internal Revenue Code ot 1986. as amended (the "Code"). include any amount excludable from gross income This Plan shall be an agreement solely between the under this Plan or any other plan described in Employer and participating Employees. Section 457(b) of the Code or any other amount excludable from gross income fortederal income tax purposes. Includible Compensation shall be deter~ ARTICLE II. DEFINITIONS mined without regard to any community property Section 2.01 Account: The bookkeeping account laws. maintained for each Participant reflecting the cu· Section 2.07 Joinder Agreement: An agreement en- mulative amount of the Participant's Deferred Com- tered into between an Employee and the Employer. pensation, including any income, gains, losses, or including any amendments ormodifications thereof. increases or decreases in market value attributable Such agreement shall fix the amount of Deferred to the Employer's investment at the Participant's Compensation, specify a preference among the Deferred Compensation, and further reflecting any investment alternatives designated by the Employer. distributions to the Participant or the Participant's designate the Employee's Beneficiary or Beneficia- Beneficiary and any fees or expenses charged ries, and incorporate the terms, conditions, and against such Participant's Deferred Compensation. provisions of the Plan by reference. Section 2.02 Administrator: The person or persons Section 2.08 Normal Compensation: The amount of named to carry out certain nondiscretionary ad~ compensation which would be payable to a Partici~ ministrative functions under the Plan, as hereinafter pant by the Employer for a taxable year if no Joinder described. The Employer may remove any person Agreement were in effect to defer compensation as Administrator upon 60 days' advance notice in under this Plan. writing to such person, in which case the Employer Section 2.09 Normal Retirement Age: Age 70-1/2. un- shall name another person or persons to act as Administrator. The Administrator may resign upon less the Participant has elected an alternate Normal 60 days' advance notice in writing to the Employer. Retirement Age by written instrument delivered to in which case the Employer shall name another the Administrator prior to Separation from SeNiee. person or persons to act as Administrator. A Participant's Normal Retirement Age determines the period during which a Participant may utilize the Section 2.03 Beneficiary: The person or persons desig- catch· up limitation of Section 5.02 hereunder. Once nated by the Participant in his Joinder Agreement a Participant has to any extent utilized the catch-up who shaff receive any benefits payable hereunder in limitation of Section 5.02. his/her i~ormal Retire- the event of the Participant's death. In the event that ment age may not be changed. the Participant names two or more Beneficiaries, A Participant's alternate Normal Retirement Age each Beneficiary shall be entitled to equal shares of the benefits payable at the Participant's death, un- may not be earlier than the earliest date that the Jess otherwise provided in the Participant's Joinder Participant will become eligible to retire and receive Agreement. If no beneficiary is designated in the unreduced retirement benefits under the Emp!oyer's Joinder Agreement. if the Designated Beneficiary basic retirement plan covering the Participant and predeceases the Participant. or if the designated may not be later than the date the Participant will Beneficiary does not survive the Participant for a artain age 70-1 /2. If a Participant continues empioy- period of fifteen (15) days, then the estate of the ment after attaining age 70~1/2, not having previ- Participant shall be the Beneficiary. ously eiected an alternate Normal Retirement Age. the Participant's alternate Normal Retirement Age Section 2.04 Deferred Compensation: The amount of shall not be laterthan the mandatory retirement age, Normal Compensation otherwise payable to the if any, established by the Employer. or the age at Participant which the Participant and the Employer which the Participant actually separates from ser~ mutuafJy agree to defer hereunder, any amount vice if the Employer has no mandatory retirement credited to a Participant's Account by reason of a age. If the Participant wiil not become eligible to """1 transfer under section 6.03, or any other amount receive benefits under a basic retirement plan ?' which the Employeragrees to credit to a Participant's maintained by the Employer. the Participant's alter- ~r_ ....;'.. Account. nate Normal Retirement Age may not be earliertl1an Section 2.05 Employee: Any individual who provides age 55 and may not be later than age 70-1/2. services for the Employer, whether as an employee Section 2.1 0 Participant: Any Employee who has joined of the Employer or as an independent contractor, the Plan pursuant to the requirements of Article IV. :_"~~~';.;>-,,'1 Iµ .~{~ :~j~^ Section 2.11 Plan Year: The calendar year. Section 5.02 Catch-Up Limitation: For each of the last r' '.~<k'. Section 2.12 Retirement: The first date upon which both three (3) taxable years of a Participant ending be- E" of fhe following shall have occurred with respect to fore his atlainment of Normal Retirement Age, the ;'1 a participant: Separation from SeNice and attain- maximum amount of Deferred Compensation shali ment of age 65. be the lesser of: (1) $15.000 or (2) the sum of (i) the I(I':'$.. Normal Limitation for the taxable year. and (Ii) the Section 2.13 Separation from Service: Severance of Normal Limitation for each prior taxable year of the the Participant's employment with the Employer . Participant commencing after 1978 less the amount ..... c,,, which constitutes a "separation from service" withín of the Participant's Deferred Compensation for such ....,....<. the meaning of Section 402(e)(4)(A)(iii) ofthe Code. prior taxable years. A prior taxable year shall be In general. a Participant shall be deemed to have taken into account under the preceding sentence _.-,~ severed his employment with the Employer for pur- only if (i) the Participant was eligible to participate in poses of this Plan when. in accordance with the the Plan for such year (or in any other eligible f$~C~~ established practices of the Employer, the employ- deferred compensation plan established under ment relationship is considered to have actually Section 457 of the Code which is properly taken into terminated. In the case of a Participant who is an account pursuant to regulations under section 457), independent contractor of the Employer, Separation and (ii) compensation (if any) deferred under the from SeNice shall be deemed to have occurred Plan (or such other plan) was subject to the deferral when the Participant's contract under which ser- limitations set forth in Section 5.01. vices are pertormed has completely expired and section 5.03 Other Plans: The amount excludable from terminated, there is no foreseeable possibility that the Employer will renew the contract or enter into a a Participant's gross income under this Plan or any new contract for the Participant's services, and it is other eligible deferred compensation pian under not anticipated that the Participant will become an section 457 of the Code shall not exceed $7,500.00 Employee of fhe Employer. (or such greater amountaHowed under Section 5.02 !".'~- of the Plan). less any amount excluded from gross Income under section 403(b). 402(a)(8). or 402 ARTICLE III. ADMINISTRATION (h)(1 )(B) of the Code. or any amount with respect to Section 3.01 Duties of Employer: The Employer shall which a deduction is allowable by reason of a contribution to an organization described in section have the authority to make all discretionary decisions 501(c)(18) of the Code. affecting the righfs or benefits of Participants which _. may be required in the administration of this Plan. Section 3.02 Duties of Administrator: The Adminis- ARTICLE VI. INVESTMENTS AND ACCOUNT VALUES trator. as agent for the Employer. shall perform Section 6.01 Investment of Deferred Compensation: - nondiscretionary administrative functions in con~ All investments of Participant's Deferred Com pen- nection with the Plan, including the maintenance of sation made by the Employer. including all property Participants' Accounts, the provision of periodic and rights purchased with such amounts and all n.v reports of the status of each Account. and the income attributable thereto, shall be the sole prop· disbursement of benefits on behalf of the Employer erty of the Employer and shall not be held in trust for in accordance with the provisions of this Plan. Participants or as collateral securityforthe fulfillment ARTICLE IV. PARTICIPATION IN THE PLAN of the Employer's obligations under the Plan. Such property shall be subject to the claims of general Section 4.01 Initial Participation: An Employee may creditors of the Employer. and no Participant or become a Participant by entering into a Joinder Beneficiary shail have any vested interest orsecured Agreement prior to the beginning of the calendar or preferred position with respect to such property or month in which the Joinder Agreement is to become have any claim against the Employer except as a effective to defer compensation not yet earned. general creditor. Section 4.02 Amendment of Joinder Agreement: A Section 6.02 Crediting of Accounts: The Participant's Participant may amend an executed Joinder Account shall reflect the amount and value of the Agreement to change the amount of compensation investments or other property obtained by the Em- not yet earned which is to be deferred (including the ployer through the investment of the Participant's reduction of such future deferrals to zero) or to Deferred Compensation. It is anticipated that the change his investment preference (subject to such Employer's Investments with respect to a Partici- restrictions as may result from the nature or terms of pant will conform to the investment preference any investment made by the Employer). Such specified in the Participant's Joinder Agreement, amendment shall become effective as of the begin- but nothing herein shaH be construed to require the ning of the calendar month commencing after the Employer to make any particular investment of a date the amendment is executed. A Participant may Participant's Deferred Compensation. Each Partici- af anytime amend his Joinder Agreementto change pant shali receive periodic reports, notless frequently the designated Beneficiary, and such amendment than annually. showing the then-current value of his shall become effective immediately. Account. ARTICLE V. LIMITATIONS ON DEFERRALS Section 6.03 Transfers: (a) Incoming Transfers: A Section 5.01 Normal Limitation: Except as provided in transfer may be accepted from an eligible deferred compensation plan maintained by another employer section 5.02, the maximum amount of Deferred and credited to a Participant's Account under the Compensation for any Participant for any taxable Plan if (I) the Participant has separated from seNice year shall nof exceed the lesser of $7,500.00 or 33- with that employer and become an Employee of the 1/3 percent of the Participant's Includible Compen- Employer, and (Ii) the other employer's plan pro- sation for the taxable year. This limitation will ordi- vides that such transferwiH be made. The Employer narily be equivalent to the lesser of $7,500.00 or 25 may require such documentation from the prede- percent of the Participant's Normal Compensation. cessor plan as it deems necessary to effectuate the transfer, to confirm that such pian is an eiigible following payment options. provided that such op- deferred compensation plan within the meaning of tion is consistent with the iimitations set forth in Section 457 ofthe Code, and to assure that transfers Section 7.03: are provided for under such plan. The Employer (a) Equal monthly. quarterly, semi-annual or annual may refuse to accept a transfer in the form of assets payments in an amount chosen by the Participant, other than cash, unless the Employer and the continuing until his Account is exhausted; Administrator agree to hold such other assets under the Plan. Any such transferred amount shall not be (b) One lump-sum payment; treated as a deferral subject to the limitations of (c) Approximately equai monthly. quarterly, semi- Article V. except that, for purposes of applying the limitations of Sections 5.01 and 5.02. an amount annual or annual payments, calculated to deferred during any taxable year under the plan continue for a period certain chosen by the from which the transfer is accepted shall be treated Participant. as if it has been deferred under this Plan during such (d) Annual Payments equal to the minimum taxable year and compensation paid by the transferor distributions required under Section 401 (a)(9) of employershall be treated as if it had been paid by the the Code over the life expectancy of the Employer. Participant or over the life expectancies of the (b) Outgoing Transfers: An amount may be trans- Participant and his/her Beneficiary. ferred to an eligible delerred compensation plan (e) Payments equal to payments made by the issuer maintained by another employer. and charged to a of a retirement annuity policy acquired by the Participant's Account under this Plan, if (I) the Par- Employer. ticipant has separated from service with the Em- ployer and become an employee of the other em- (f) Any other payment option eiected by the player. (ii) the other employer's plan provides that Participant and agreed to by the Employer and such transfer will be accepted. and (iii) the Partici- Administrator, provided that such option must pant and the employers have signed such agree- provide forsubstantially non increasing payments ments as are necessary to assure thatthe Employer's for any period after the latest benefit liability to pay benefits to the Participant has been commencement date under Section 7.01. discharged and assumed by the other employer. A Participant's or Beneficiary's election of a The Employer may require such documentation from the other plan as it deems necessary to sHec· payment option must be made at least 30 days tuate the transfer, to confirm that such plan is an before the payment of benefits is to commence. eligible deferred compensation plan within the If a Participant or Beneficiary fails to make a meaning of section 457 of the Code, and to assure timely election of a payment option. benefits ,~.. _1 that transfers are provided for under such plan. shall be paid monthly under option (c) above for , Such transfers shall be made only under such a period of five years. .'tk.. circumstances as are permitted under section 457 of the Code and the regulations thereunder. Sectfon 7.03 Limitation on Options: No payment option Section 6.04 Empioyer Liability: In no event shall the may be selected by a Participant or Beneficiary Employer's liability to pay benefits to a Participant under Sections 7.02.7.04. or 7.05 unless it satisties under Article VI exceed the value of the amounts the requirements of Sections 401 (a)(9) and 457(d)(2) credited to the Participant's Account; the Employer of the Code, including that payments commencing shall not be Hable for losses arising from deprecia~ before the death 01 the Participant shall satisfy the tion or shrinkage in the value of any investments incidental death benefits requirement under Section acquired under this Plan. 457(d)(2)(B)(i)(I). Unless otherwise elected by the Participant. all determinations under Section --..-.,...,:.....="""'... 401 (a)(9) shall be made without recalculation of life ARTICLE VII. BENEFITS expectancies. Section 7.01 Retirement Benefits and Election on Section 7.04 Post-retirement Death Benefits: (a) Should Separation from Service: Except as otherwise the Participant die after he/she has begun to receive provided in this Articie VII. the distribution of a benefits under a payment option, the remaining Participant's Account shall commence as of April 1 payments, if any, under the payment option shall be of the calendar year after the Plan Year of the payable to the Participant's Beneficiary commenc- Participant's Retirement, and the distribution of such ing within the 30-day period commencing with the Retirement benefits shall be made in accordance 61 st day after the Participant's death. unless the with one of the payment options described in Sec- Beneficiary elects payment under a different pay- tion 7.02. Notwithstanding the foregoing. the Partici- ment option that is available under Section 7.02 pant may irrevocably elect within 60 days following within 60daysofthe Participant's death. Any different Separation from Service to have the distribution of payment option elected by a Beneficiary under this benefits commence on a fixed or determinable date section must provide for payments at a rate that is at other than that described in the preceding sentence least as rapid as under the payment option that was which is at least 60 days after the date such election applicable to the Participant. In no event shall the is delivered in writing to the Employer and forwarded Employer or Administrator be liable to the Beneficiary to the Administrator. but not later than April 1 of the for the amount of any payment made in the name of ,oJ year following the year of the Participant's Retire- the Participant before the Administrator receives , ", ment or attainment of age 70-1/2. whichever is later. proof of death of the Participant. ~. ... Section 7.02 Payment Options: As provided in Sections (b) If the designated Beneficiary does not continue 7.01, 7.04. and 7.05. a Participant or Beneficiary to live for the remaining period of payments under may elect to have the value of the Participant's the payment option, then the commuted value of any Account distributed in accordance with one of the remaining payments under the payment option shall ,>:~ be paid in a lump sum to the estate of the Benefi- mination as to whether such an unforeseeable clary. In the event that the Participant's estate is the emergency exists shall be based on the merits of Beneficiary, the commuted value of any remaining each individual case. payments under the payment option shall be paid to Section 7.07 Transitional Rule for Pre-1989 Benefit the eslale in a lump sum. Elections: In the event that. prior to January 11989. Section 7.05 Pre-retirement Death Benefits: (a) Should a Participant or Beneficiary has commenced re- the Participant die before helshe has begun to ceiving benefits under a payment option or has receive the benefits provided by Section 7.01. the irrevocably elected a payment option or benefit value of the Participant's Account shall be payable commencement date. then that payment option or to the Beneficiary commencing within the 30-day election shall remain in effect notwithstanding any period commencing on the 91 st day after the other provision of this Plan. Participant's death. unless the Beneficiary irrevocably elects a different fixed or determinable benefit com- ARTICLE VIII. NON-ASSIGNABILITY mencement date within 90 days of the Participant's death. Such benefit commencement date shall be Section 8.01 In General: Except as provided in Section not later than the later of (i) December 31 of the year 8.02, no Participant or Beneficiary shall have any following the year of the Participant's death, or (ii) if right to commute, sell, assign, pledge, transfer or the Beneficiaryis the Participant'sspouse. December otherwise conveyor encumber the right to receive 31 of the year in which the Participant would have any payments hereunder. which payments and rights attained age 70-1/2. are expressly declared to be non-assignable and (b) Unless a Beneficiary elects a different payment non-transferable. option prior to the benefit commencement date, Section 8.02 Domestic Relations Orders: (a) Allow- death benefits under this Section shall be paid in ance of Transfers: To the extent required under a ~., .,,"-'>-'-~',. approximately equal annual installments over five final judgment, decree, or order (including approval years, or over such shorter period as may be neces- of a property settlement agreement) made pursuant sary to assure that the amount of any annual jnsta ~ to a state domestic relations law, any portion of a ment is not less than $3.500. A Beneficiary shall be Participant's Account may be paid or set aside for treated as if he/she were a Participant for purposes payment to a spouse. former spouse. or child of the of determining the payment options available under Participant. Where necessary to carry out the terms Section 7.02. provided. however, that the payment of such an order, a separate Account shall be option chosen by the Beneficiary must provide for established with respect to the spouse, former payments to the Beneficiary over a period no longer spouse, or child who shall be entitled to make than the life expectancy of the Beneficiary. and investment selections with respect thereto in the provided that such period may not exceed fifteen same manner as the Participant; any amount so set (15) years if the Beneficiary is not the Participant's aside for a spouse. former spouse. or child shall be - spouse. paid out in a lump sum at the earliest date that (c) In the event that the Beneficiary dies before the benefits may be paid to the Participant. unless the payment of death benefits has commenced or been order dìrects a different time or form of payment. completed. the remaining value of the Participant's Nothing in this Section shall be construed to autho- Account shall be paid to the estate of the Beneficiary rize any amount to be distributed under the Plan at in a lump sum. In the event that the Participant's a time orin a form that is not permjtted under Section estate is the Beneficiary, payment shall be made to 457 of the Code. Any payment made to a person the estate in a lump sum. other than the Participant pursuant to this Section shall be reduced by required income tax withhold- Section 7.06 Unforeseeable Emergencies: (a) In the ing; the fact that payment is made to a person other event an unforeseeable emergency occurs, a Par- than the Participant may not prevent such payment ticipant may apply to the Employer to receive that from being includible in the gross income of the part of the value of his Account that is reasonably Participant for withholding and income tax reporting needed to satisfy the emergency need. If such an purposes. application is approved by the Employer. the Partici- (b) Release from Liability to Participant: The pant shall be paid only such amount as the Employer deems necessary to meet the emergency need, but Employer's liability to pay benefits to a Participant payment shall not be made to the extent that the shall be reduced to the extent that amounts have financial hardship may be relieved through cessa- been paid or set aside for payment to a spouse, tion of deferral under the Plan, insurance or other former spouse. or child pursuant to paragraph (a) of reimbursement, or liquidation of other assets to the this Section. No such transfer shall be effectuated extent such liquidation would not itself cause severe unless the Employer or Administrator has been financial hardship. provided with satisfactory evidence that the Em- ployer and the Administrator are released from any (b) An unforeseeable emergency shall be deemed further claim by the Participant with respect to such to involve only circumstances of severe financial amounts. The Participant shall be deemed to have hardship to the Participant resulting from a sudden released the Employer and the Administrator from unexpected Illness. accident, or disability of the any claim with respect to such amounts, in any case Participant or of a dependent (as defined in Section in which (i) the Employer or Administrator has been 152(a) of the Code) of the Participant, loss of the served with legal process or otherwise joined in a Participant's property due to casualty, or other siml- proceeding relating to such transfer. (ii) the Partici- lar and extraordinary unforeseeable circumstances pant has been notified of the pendency of such -- arising as a result of events beyond the control of the proceeding in the manner prescribed by the law of Participant. The need to send a Participant's child to the jurisdiction in which the proceeding is pending college or to purchase a new home shall not be for service of process in such action or by mail from considered unforeseeable emergencies. The deter· the Employer or Administrator to the Participant's last known mailing address, and (Hi) the Partici- ARTICLE X. AMENDMENT OR TERMINATION OF PLAN pant fails to obtain an order of the court in the The Employer may at any time amend this Plan provided proceeding relieving the Employer or Administra- tor from the obligation to comply with the judg- that it transmits such amendment in writing to the Administra- ment. decree, or order. tor at least 3D days prior to the effective date of the amend· ment. The consent of the Administrator shall not be required (c) Participation in Legal Proceedings: The Em- in order for such amendment to become effective, but the player and Administrator shall not be obligated to Administrator shall be under no obligation to continue acting defend against or set aside any judgment. decree. as Administrator hereunder jf it disapproves of such amend- or order described in paragraph (a) or any legal ment. The Employer may at any time terminate this Plan. ",,~~~fl order relating to the garnishment of a Participant's The Administrator may at any time propose an amend- benefits. unless the full expense of such legal action ment to the Plan by an instrument in writing transmitted to the is borne by the Participant. In the event that the Employer at least 3D days before the effective date of the Participant's action (orinactjon) nonetheless causes amendment. Such amendment shall become effective un- the Employeror Administratorto incur such expense. less. within such 3D-day period. the Empioyer notifies the the amount of the expense may be charged against Administrator in writing that it disapproves such amendment, ._..-"~...,,," the Participant's Account and thereby reduce the in which case such amendment shaH not become effective. Employer's obligation to pay benefits to the Partici- In the event of such disapproval. the Administrator shall be pant. In the course of any proceeding relating to under no obligation to continue acting as Administrator divorce, separation, or child support, the Employer hereunder. If this Plan document constitutes an amendment and Administrator shall be authorized to disclose and restatement of the Plan as previously adopted by the information relating to the Participant's Account to Employer, the amendments contained herein shaH becor:ne ~,~~ the Participant's spouse, former spouse, or child effective on January 1, 1989, and the terms of the precedIng (including the legal representatives of the spouse, Plan document shall remain in effect through December 31. former spouse, or child), or to a court. 1988. ARTICLE IX. RELATIONSHIP TO OTHER PLANS AND Except as may be required to maintain the status of the Plan as an eligible deferred compensation plan under Section EMPLOYMENT AGREEMENTS 457 of the Code or to comply with other appiicable laws. no This plan serves in addition to any other retirement. amendment or termination of the Plan shall divest any pension, or benefit plan or system presently in existence or Participant of any rights with respect to compensation de- hereinafter established for the benefit of the Employer's terred before the date of the amendment or termination. employees, and participation hereunder shall not affect ARTICLE XI. APPLICABLE LAW benefits receivabie under any such plan or system. Nothing contained in this Plan shall be deemed to constitute an This Plan shall be construed under the iaws of the state "'] employment contract or agreement between any Partici- where the Employer is located and is estabiished with the t " pant and the Employer or to give any Participant the right ' -;.~ intent that it meet the requirements of an "eligible deterred ., '''''''Ï'i to be retained in the employ of the Employer. Nor shall compensation plan" under Section 457 of the Code, as anything herein be construed to modify the terms of any amended. The provisions of this Plan shail be interpreted - employment contract or agreement between a Participant wherever possible in conformity with the requirements of that and the Employer. section. .:;æ:',.)I ARTICLE XII. J:,-':, Any notice to a party of this plan document shall be given ~.,.. at the last address provided in writing from one party to ':<~, ~ another party. Any notice such maiied shall be determined to ,. " have been received by such party. "'0'"1;" ,,;.f;:' :::]\! --"1".~ Declaration of Trust of the ICMA Retirement Trust (Appendix B) ICMA RETIREMENT CORPORATION ....!~ .,;-!:.~ ~~~ DECLARATION OF TRUST OF ICMA RETIREMENT TRUST ARTICLE I. NAME DEFINITIONS (0) Retirement Trust. The Trust created by the Section 1.1 Name: The Name of the Trust. as amended and Declaration of Trust. restated hereby. is the ICMA Retirement Trusl. (p) Trust Property. The amounts held in the Section 1.2 Definitions: Wherever they are used herein. Retirement Trust on behalf of the Public the following terms shall have the following respective Employers in connection with Deferred meanings: Compensation Plans and on behalf of the Public Employer Trustees for the exclusive benefit of (a) Bylaws. The bylaws referred to in Section 4.1 Employees pursuant to Qualified Plans. The hereof, as amended from time to time. Trust Property shall include any income resulting (b) Deferred Compensation Plan. A deferred from the investment to the amounts so held. compensation plan established and maintained by (q) Trustees. The Public Employee Trustees and a Public Employer for the purpose of providing ICMAlRC Trustees elected by the Public Employers retirement income and other deferred benefits to its to serve as members of the Board of Trustees of the employees in accordance with the provision of Retirement Trusl. section 457 of the Internal Revenue Code of 1954, as amended. ARTICLE II. CREATION AND PURPOSE OF THE TRUST: (c) Employees. Those employees who participate in OWNERSHIP OF TRUST PROPERTY ""'.'''--'-,<.\C''C,-''' Qualified Plans. Section 2.1 Creation: The Retirement Trust is created and (d) Employer Trust. A trust created pursuant to established by the execution of this Declaration of Trust "8n agreement between BC and a -Public Employer by the Trustees and the Public Employers. for the purpose of investing and administering the Section 2.2 Purpose:· The. purpose ot the Retirement Trust funds set aside by such Employer in connection is to provide for the commingled investment of funds with its Deferred Compensation agreements with held by the Public Employers in connection with their its employees or in connection with its Qualified Deferred Compensation and Qualified Plans. The Plan. Trust Property shall be invested in the Portfolios. in (e) Guaranteed Investment Contract. A contract Guaranteed Investment Contracts, and in other invest· entered into by the RetirementTrustwith insurance ments recommended by the Investment Adviser under companies that provides for a guaranteed rate of the supervision of the Board of Trustees. No part of the return on investments made pursuant to such Trust Property will be invested in secu,ities issued by contract. Public Employers. : (f) ICMA. The International City Management Section 2.3 Ownership of Trust Property: The Trustees Association. shall have legal title to the Trust Property. The Public (g) ICMAlRC Trustees. Those Trustees elected by Employers shall be the beneficial owners of the portion the Public Employers who. in accordance with the of the Trust Property allocable to the Deferred Com- provisions of Section 3.1 (a) hereof. are also pensation Plans. The portion of the Trust Property members, or former members, of the Board of allocable to the Qualified Plans shall be held for the Directors of ICMA or RC. Public Employer Trustees for the exclusive benefit of (h) Investment Adviser. The Investment Adviserthat the Employees. enters into a contract with the Retirement Trust to ARTICLE III. TRUSTEES provide advice with respect to investment of the Section 3.1 Number and Qualification ofTrustees: (a)The Trust Property. Board of Trustees shaH consist of nine Trustees. Five (i) Portfolios. The Portfolios of investment established of the Trustees shall be full-time employees of a Public by the investment Adviser to the Retirement Trust. Employer (the Public Employee Trustees) who are under the supervision of the Trustees, for the authorized by such Public Employerto serve as Trustee. purpose of providing investments for the Trust The remaining four Trustees shall consist of two per- Property. sons who, at the time of eiection to the Board of ü) Public Employee Trustees. Those Trustees Trustees, are members of the Board of Directors of elected by the Public Employerswho. in accordance ICMA and two persons who, at the time of election, are with the provision of Section 3.1 (a) hereof, are full- members of the Board of Directors of RC (the ICMAlRC time employees of Public Employers. Trustees. One of the Trustees who is a director of ICMA, and one of the Trustees who is a director of RC, (k) Public EmployerTrustees. Public Employers who shall. at the time of election. be full-time employees of serve as trustees of the Qualified Plans. a Public Employer. (I) Public Employer. A unit of state or local (b) No person may serve as a Trustee for more than government, or any agency or instrumentality one term in any ten~year period. thereof. that has adopted a Deferred Compensation Section 3.2 Election and Term: (a) Exceptforthe Trustees Plan or a Qualified Plan and has executed this appointed to fill vacancies pursuant to Section 3.5 Declaration of Trust. hereof. the Trustees shall be elected by a vote of a (m) Qualified Plan. A plan sponsored by a Public majorityofthe Public Employers in accordance with the Employer for the purpose of providing retirement procedures set forth in the By-Laws. (b) At the first income to its employees which satisfies the election ofTrustees, three Trustees shall be elected for ~ qualification requirements of Section 401 of the a term ofthree years, three Trustees shall be elected for Internal Revenue Code. as amended. a term of two years and three Trustees shall be elected (n) RC. The International City ManagementAssociation for a term of one year. At each subsequent election. Retirement Corporation. three Trustees shall be elected for a term of three years and until his or her successor is elected and qualified. ~-,' '"" I ;\L ...,--:r, .-."', ~ Section 3.3 Nominations: The Trustees who are full-time (d) invest and reinvest the Trust Property in the empioyees of Public Empioyers shall serve as the Portfolios. the Guaranteed interest Contracts and f'] Nominating Committee for the Public Employee Trust- in any other investment recommended by the ees. The Nominating Committee shail choose candi- investment Adviser, but not including securities dates for Public Employee Trustees in accordance with issued by Public Employers, provided that if a -)" the procedures set forth in the By-Laws. Public Employer has directed that its monies be Section 3.4 Resignation and Removal: (a) Any Trustee invested in specified Portfoiios or in a Guaranteed may resign as Trustee (without need for prior or subse· Investment Contract. the Trustees of the quent accounting) by an instrument in writing signed by Retirement Trust shail invest such monies in the Trustee and delivered to the other Trustees and accordance with such directions; such resignation shall be effective upon such delivery, (e) keep such portion of the Trust Property in cash or or at a later date according to the terms of the instru· cash balances as the Trustees, from time to time, ment. Any of the Trustees may be removed for cause, may deem to be in the best interest of the by a vote of a majority of the Public Employers. (b) Retirement Trust created hereby without liability Each Public Employee Trustee shall resign his or her for interest thereon; position as Trustee within sixty days of the date on (I) accept and retain for such time as they may deem which he or she ceases to be a fuil-time employee of a advisable any securities or other property received Public Employer. . or acquired by them as Trustees hereunder. Section 3.5 Vacancies: The term of office of a Trustee shall whether or not such securities or other property terminate and a vacancy shall occur in the event of the would normally be purchased as investment death. resignation. removal. adjudicated incompetence hereunder; or other incapacity to perform the duties of the office of (g) cause any securities or other property held as part a Trustee. In the case of a vacancy. the remaining of the Trust Property to be registered in the name Trustees shall appoint such person as they in their of the RetirementTrust orin the name of a nominee, discretion shall see fit (subjectto the limitations set forth and to hord any investments in bearer from, butthe in this Section), to serve forthe unexpired portion of the books and records of the Trustees shall at all times term of the Trustee who has resigned or otherwise show that all such investments are a part of the .-.. ceased to be a Trustee. The appointment shall be Trust Property; made by a written instrument signed by a majority oftha (h) make. execute. acknowiedge. and deliver any and Trustees. The person appointed must be the same type oITrustee (i.e.. Public Employee Trustee or ICMN all documents of transfer and conveyance and any RC Trustee) as the person who has ceased to be a and all other instruments that may be necessary or Trustee. An appointment of a Trustee may be made in appropriate to carry out the powers herein granted; anticipation of a vacancy to occur at a later date by (i) vote upon any stock, bonds, or other securíties; reason of retirement or resignation, provided that such give general or special proxies or powers of attorney appointment shall not become effective prior to such with or without power of substitution;exercise any '""] retirement or resignation. Whenever a vacancy in the conversion privileges, subscription rights, or other ~f,~ number of Trustees shall occur, until such vacancy is options, and make any payments incidental thereto; ,'''',,", , ¡ filled as provided in this Section 3.5. the Trustees in oppose, or consent to, or otherwise participate in, office. regardless of their number, shall have all the corporate reorganizations or to other changes powers granted to the Trustees and shall discharge all affecting corporate securities, and delegate the duties imposed upon the Trustees by this Declara- discretionary powers and pay any assessments or tion. A written instrument certifying the existence of charges in connection therewith; and generally such vacancy signed by a majority of the Trustees shall exercise any of the powers of an owner with be conclusive evidence of the existence of such va- respect to stocks, bonds, securities or other cancy. property held as part of the Trust Property; Section 3.6 Trustees Serve in Representative Capacity: (j) enter into contracts or arrangements for goods or By executing this Declaration. each Public Employer services required in connection with the operation agrees that the Public Employee Trustees elected by of the Retirement Trust, incfuding, but not limited ;-'f,'''''~!!I the Public Employers are authorized to act as agents to. contracts with custodians and contracts for the and representatives of the Public Employers collec- provision of administïative services; tively. (k) borrow or raise money for the purposes of the ARTICLE IV. POWERS OF TRUSTEES Retirement Trust in such amount, and upon such terms and conditions. as the Trustees shall deem Section 4.1 General Powers: The Trustees shall have the advisable. provided that the aggregate amount of power to conduct tile business of the Trust and to carry such borrowings shall not exceed 30% of the .."..--ì!I! on its operations. Such power shall include, but shall value of the Trust Property. No person lending .'.~ not be limited to, the power to: money to the Trustees shall be bound to see the (a) receive the Trust Property from the Public application of the money lent or to inquire into its Employers, Public Employer Trustees or other validity, expediency or propriety or any such Trustee of any Employer Trust; borrowing; (b) enter into a contract with an Investment Adviser (I) incur reasonable expenses as required for the providing, among otherthings. forthe establishment operation of the RetirementTrust and deduct such and operation of the Portfolios. selection of the expenses from of the Trust Property; Guaranteed Investment Contracts in which the (m) pay expenses properly allocable to the Trust Trust Property may be invested, selection of the Property incurred in connection with the Deferred other investments for the Trust Property and the Compensation Plans. Qualified Plans, or the payment of reasonable fees to the Investment Employer Trusts and deduct such expenses from Adviser and to any sub-investment adviser retained the portion of the Trust Property to whom such by the Investment Adviser; expenses are properly allocable; (c) review annuailythe performance of the Investment (n) payout of the Trust Property all real and personal Adviser and approve annually the contract with property taxes, income taxes and other taxes of such Investment Adviser; any and all kinds which, in the opinion of the Trustees, are properly levied, or assessed under existing or future laws upon, or in respect of, the Trust Property and allocate any such taxes to the Section 5.2 Liability: The Trustees shall not be liable for any appropriate accounts; mistake of judgment or other action taken in good faith, (0) adopt, amend and repeal the bylaws. provided that and for any action taken or omitted in reliance In good such byiaws are at all times consistent with the faith upon the books of account or other records of the terms of this Declaration of Trust; Retirement Trust. upon the opinion of counsel. or upon (p) employ persons to make available interests in the reports made to the Retirement Trust by any of its officers, employees or agents or by the Investment Retirement Trust to employers eligible to maintain Adviser or any sub-investment adviser, accountants, a Deferred Compensation Plan under Section 457 appraisers or other experts or consultant selected with or a Qualified Plan under Section 401 of the Internal reasonabie care by the Trustees, officers or employees Revenue Code, as amended; of the Retirement Trust. The Trustees shall also not be (q) issue the Annual Report of the Retirement Trust. liable for any loss sustained by the Trust Property by and the disclosure documents and other literature reason of any investment made in good faith and in used by the Retirement Trust; accordance with the standard of care set forth in (r) make loans. including the purchase of debt Section 5.1. obligations, provided that all such loans shall bear Section 5.3 Bond: No Trustee shall be obligated to give any interest at the current market rate; bond or other security tor the performance of any of his (s) contract for, and delegate any powers granted or her duties hereunder. hereunder to, such officers, agents, employees, ARTICL.E VI. ANNUAL. REPORT TO SHAREHOL.DERS auditors and attorneys as the Trustees may select. provided that the Trustees may not deiegate the The Trustees shall annually submit to the Public Employers powers set forth in paragraphs (b). (c) and (0) of this and Public Employer Trustees a written report of the transac- Section 4.1 and may not delegate any powers if tions of the Retirement Trust, including financial statements such delegation would violate their fiduciary duties; which shall be certified by independent public accountants (t) provide for the indemnification of the Officers and chosen by the Trustees. Trustees of the Retirement Trust and purchase ARTICL.E VII. DURATION OR AMENDMENT OF fiduciary insurance; (u) maintain books and records, including separate RETIREMENT TRUST accounts for each Public Employer, Public Employer Section 7.1 Withdrawal: A Public Employer cr Public Em- Trustee or Employer Trust and such additional player Trustee may, at any time, withdraw from this separate accounts as are required under, and Retirement Trust by delivering to the Board of Trustees consistent with, the Deferred Compensation or a written statement of withdrawal. In such statement, Qualified plan of each Public Employer; and the Public Employer or Public Empioyer Trustee shall (v) do all such acts. take all such proceedings. and acknowledge that the Trust Property allocable to the exercise all such rights and privileges. although not Public Empioyer is derived from compensation de- specifically mention herein, as the Trustees may ferred by employees of such Public Employer pursuant deem necessary or appropriate to administer the to its Deferred Compensation Plan or from contribu- Trust Property and to carry out the purposes of the tions to the accounts of Employees pursuant to a Retirement Trust. Qualified Plan, and shall designate the financial institu- Section 4.2 Distribution oITrust Property: Distributions of tion to which such property shali be transferred by the the Trust property shall be made to. or on behalf of. the Trustees of the Retirement Trust or by the Trustee of Public Employer or Public Employer Trustee. In accor- the Employer Trust. dance with the terms of the Deferred Compensation Section 7.2 Duration: The Retirement Trust shall continue Plans. Qualified Plans or Empioyer Trusts. The Trust- until terminated by the vote ot a majority of the Public ees ot the Retirement Trust shall be fully protected in Employers, each casting one vote. Upon termination, making payments in accordance with the directions of all of the Trust Property shall be paid out to the Public the Public Employers, Public Employer Trustees or Employers. Public Employer Trustees or the Trustees other Trustee of the EmployerTrusts without ascertain- of the Employer Trusts, as appropriate. ing whether such payments are in compliance with the Section 7.3 Amendment: The Retirement Trust may be provision of the Deferred Compensation or Qualified amended by the vote of a majority of the public Employ- Plans. or the agreements creating the EmployerTrusts. ers, each casting one vote. Section 4.3 Execution of Instruments: The Trustees may Section 7.4 Procedure: A resolution to terminate or amend unanimously designate anyone or more of the Trust- the Retirement Trust or to remove a Trustee shall be ees to execute any instrument or document on behalf submitted to a vote of the Public Employers if; (i) a of all. including but not limited to the signing or endorse- majority of the Trustees so direct, or; (ii) a petition ment of any check and the signing of any applications. requesting a vote signed by not less that 25 percent of insurance and other contracts, and the action of such the Public Employers. is submitted to the Trustees. designated Trustee or Trustees shall have the same force and effect as if taken by all the Trustees. ARTICL.E VIII. MISCEL.L.ANEOUS ARTICL.E V. DUTY OF CARE AND L.IABIL.ITY OF Section 8.1 Governing L.aw: Except as otherwise required TRUSTEES by state or local law. this Deciaration of Trust and the Section 5.1 Duty of Care: In exercising the powers Retirement Trust hereby created shall be construed hereinbefore granted to the Trustees, the Trustees and regulated by the laws of the District of Columbia. shall perform all acts within their authority for the Section 8.2 Counterparts: This Declaration may be ex- exclusive purpose of providing benefits for the Public ecuted by the Public Employers and Trustees in two or Employers in connection with Deterred Compensation more counterparts. each of which shall be deemed an Plans and Public Employer Trustees pursuant to Quali- original but all of which together shall constitute ore fied Plans, and shall perform such acts with the care. and the same instrument. skill, prudence and diligence in the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 137-93 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. 93-15 , IN THE LOT 11, BLOCK &, ANDOVER BOUNDARY COMMISSION PLAT *1 AREA. WHEREAS, the City Council has received a petition, dated June 15, 1993 , 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 and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a special Meeting this 24th day of June , 19 93 , with Councilmember Kniqht, Jacobson. Perrv (Absent). n"l;pni .& McKe vey voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J~~)~;{~~1;7MaYOr ~ I.-Ib V~ctor~a Volk - City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 138-93 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 93-15 FOR WATERMAIN IN THE FOLLOWING AREA LOT 11, BLOCK 7, ANDOVER BOUNDARY COMMISSION PLAT *1. WHEREAS, the City Council did on the 24th day of June , 19 93 , 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 24th day of June , 1 93 ; 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 $ 4,478.00 . 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 $ 4,478.00 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby approve the firm of TKDA to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a sDecial Meeting this 24th day of .Tnne , 19~, with Councilmember Kniqht. Jacobson. Perry (Absent). Dalien. McKelvey voting in favor of the resolution and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~. r.1YJ~){~ J E. MCKelvey - Mayor ~áÆ Vlctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R139-93 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF JIM KNOLL TO CREATE TWO ( 2 ) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Jim Knoll has requested a lot split to create a lot for the construction of a single family home on the property located at 14817 Round Lake Boulevard NW, legally described as follows: The West 592.28 feet of the Northwest Quarter of the Northwest Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota, except the North 66 feet thereof; Also except the South 130 feet of the North 196 feet of the West 253 feet of said Quarter, Quarter, Except Roads; 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 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 6th day of July, 1993. CITY OF ANDOVER f, JrJt- ~ . ATTEST . E. McKelvey, V~ ~ City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R140-93 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF THE ANOKA COUNTY COMMUNITY ACTION PROGRAM (ACCAP) TO CREATE TWO (2 ) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, the Anoka County Community Action Program (ACCAP) has requested a lot split to create two parcels for the placement of two relocated single family homes on the property located at 135xx Poppy Street NW, legally described as follows: That part of the Northwest Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota, lying East of Poppy Street NW and lying South of the Northerly right- of-way line and its easterly extension of 136th Avenue NW; Except the South 400.85 feet thereof; Also Except Roads; 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 WHEREAS, the Planning and zoning Commission finds the request is consistent with the Comprehensive Pla~ 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 6th day of July, 1993. CITY OF ANDOVER f, J/k ATTEST E. McKe or ~'iæ Vlctoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R141-93 A RESOLUTION APPROVING THE VARIANCE REQUEST OF THE ANOKA COUNTY COMMUNITY ACTION PROGRAM (ACCAP) TO ORDINANCE NO. 8, SECTION 6.02 WHICH REQUIRES A LOT AREA OF 11,400 SQUARE FEET AND TO ORDINANCE NO. 10, SECTION 9.06A1 WHICH REQUIRES CORNER LOTS TO BE A MINIMUM OF NINETY (90' ) FEET WIDE TO ALLOW FOR THE CONSTRUCTION OF A HOME ON THE PROPERTY LOCATED AT 13611 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT 10, BLOCK 1, CHAPMAN'S 2ND ADDITION. WHEREAS, the Anoka County Community Action Program (ACCAP) has requested variances to Ordinance No. 8, Section 6.02 which requires a lot area of 11,400 square feet, and to Ordinance No. 10, Section 9.06Al which requires corner lots to be a minimum of ninety (90' ) feet wide to allow for the construction of a home on the property located at 13611 Round Lake Boulevard NW, Legally described as Lot 10, Block 1, CHAPMAN'S 2ND ADDITION; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria oÍ Ordinance No.8, Section 5.04 in that a hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning & zoning Commission recommends to the City Council approval of a 150 square foot variance to the area requirement and a 15 foot variance from the width requirement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves the variances requested by the Anoka County Community Action Program with the following conditions: 1. That the property owner and builder work closely with City Staff to provide berming along Round Lake Boulevard NW. Adopted by the City Council of the City of Andover this 6th day of July, 1993. CITY OF ANDOVER t Þ!c.. ATTEST: E. McKelvey, or ~ óu/L; victoria volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R142-93 A RESOLUTION APPROVING THE VARIANCE REQUEST OF THE ANOKA COUNTY COMMUNITY ACTION PROGRAM (ACCAP) TO ORDINANCE NO. 8, SECTION 6.02 WHICH REQUIRES A LOT AREA OF 11,400 SQUARE FEET AND TO ORDINANCE NO. 10, SECTION 9.06Al WHICH REQUIRES CORNER LOTS TO BE A MINIMUM OF NINETY (90' ) FEET WIDE TO ALLOW FOR THE CONSTRUCTION OF A HOME ON THE PROPERTY LOCATED AT 13547 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 1, CHAPMAN'S ADDITION. WHEREAS, the Anoka County Community Action Program (ACCAP) has requested variances to Ordinance No. 8, Section 6.02 which requires a lot area of 11,400 square feet, and to Ordinance No. 10, Section 9.06Al which requires corner lots to be a minimum of ninety (90') feet wide to allow for the construction of a home on the property located at 13547 Round Lake Boulevard NW, Legally described as Lot 1, Block 1, CHAPMAN'S ADDITION; 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 in that a hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of a 225 square foot variance to the area requirement and a 15 foot variance from the width requirement. NOW, THEREFORE, BE IT RESOLVED that the· City Council of the City of Andover hereby approves the variances requested by the Anoka County Community Action Program with the following conditions: 1. That the property owner and builder work closely with City Staff to provide berming along Round Lake Boulevard NW. Adopted by the City Council of the City of Andover this 6th day of July, 1993. CITY OF ANDOVER ATTEST: r ~ £æ Victoria volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R143-93 A RESOLUTION APPROVING THE VARIANCE REQUEST OF THE ANOKA COUNTY COMMUNITY ACTION PROGRAM (ACCAP) TO ORDINANCE NO. 8, SECTION 6.02 WHICH REQUIRES A FORTY (40' ) FOOT SETBACK FROM A MAJOR ARTERIAL AND A LOT AREA OF 11,400 SQUARE FEET, AND TO ORDINANCE NO. 10, SECTION 9.06A1 WHICH REQUIRES CORNER LOTS TO BE A MINIMUM OF NINETY (90') FEET WIDE TO ALLOW FOR THE CONSTRUCTION OF A HOME ON THE PROPERTY LOCATED AT 3541 135TH LANE NW, LEGALLY DESCRIBED AS LOT 10, BLOCK 1, CHAPMAN'S ADDITION. WHEREAS, the Anoka County Community Action Program (ACCAP) has requested variances to Ordinance No. 8, Section 6.02 which requires a forty foot (40' ) setback from a major arterial and a lot area of 11,400 square feet, and to Ordinance No. 10, Section 9.06Al which requires corner lots to be a minimum of ninety (90' ) feet wide to allow for the construction of a home on the property located at 3541 135th Lane NW, Legally described as Lot 10, Block 1, CHAPMAN'S ADDITION.; 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 in that a hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning & zoning Commission recommends to the City Council approval of a 19' variance to the lot width requirement, a 525 s.f. variance to the area requirement and a 3' variance to the setback from a major arterial requirement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves the variances requested by the Anoka County Community Action Program with the following conditions: 1. That the property owner and builder work closely with City Staff to provide berming along Round Lake Boulevard NW. Adopted by the City Council of the City of Andover this 6th day of July, 1993. CITY OF ANDOVER ATTEST: /, /' M?2fvK~or ----- ti~ ia City Clerk victor~a volk, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R144-93 A RESOLUTION DENYING THE VARIANCE REQUEST OF THE ANOKA COUNTY COMMUNITY ACTION PROGRAM (ACCAP) TO ORDINANCE NO. 8, SECTION 6.02 WHICH REQUIRES A FORTY (40' ) FOOT SETBACK FROM A MAJOR ARTERIAL AND A LOT AREA OF 11,400 SQUARE FEET, AND TO ORDINANCE NO. 10, SECTION 9.06Al WHICH REQUIRES CORNER LOTS TO BE A MINIMUM OF ONE HUNDRED (100' ) FEET WIDE WHEN NOT A BACK TO BACK LOT TO ALLOW FOR THE CONSTRUCTION OF A HOME ON THE PROPERTY LOCATED AT 13433 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 2, CHAPMAN'S ADDITION. WHEREAS, the Anoka County Community Action Program (ACCAP) has requested variances to Ordinance No. 8, Section 6.02 which requires a forty foot (40' ) setback from a major arterial and a lot width of 11,400 square feet, and to Ordinance No. 10, Section 9.06Al which requires corner lots to be a minimum of one hundred (100' ) feet wide when not a back to back lot to allow for the construction of a home on the property located at 13433 Round Lake Boulevard NW, Legally described as Lot 1, Block 2, CHAPMAN'S ADDITION; 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 in that a hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of a 30' variance to the lot width requirement, a 1,212 s.f. variance to the area requirement and a 4 ' variance to the setback from a major arterial requirement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby disagrees with the recommendation of the Planning and zoning Commission and denies the variances requested by the Anoka County Community Action Program due to the fact that the variances requested are too great for the lot in this area. Adopted by the City Council of the City of Andover this 6th day of July, 1993. CITY OF ANDOVER ATTEST: ¡{{1&~~ . E. Mc e vey, or ~ lid Victor1a volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R145-93 A RESOLUTION DENYING THE VARIANCE REQUEST OF THE ANOKA COUNTY COMMUNITY ACTION PROGRAM (ACCAP) TO ORDINANCE NO. 8, SECTION 6.02 WHICH REQUIRES A FORTY (40') FOOT SETBACK FROM A MAJOR ARTERIAL AND TO ORDINANCE NO. 10, SECTION 9.06A1 WHICH REQUIRES CORNER LOTS TO BE A MINIMUM OF ONE HUNDRED (100' ) FEET WIDE IF NOT A BACK TO BACK LOT ON THE PROPERTY LOCATED AT 3559 134TH AVENUE NW, LEGALLY DESCRIBED AS LOT 2, BLOCK 1, WEISE'S ADDITION. WHEREAS, the Anoka County Community Action Program (ACCAP) has requested variances to Ordinance No. 8, Section 6.02 which requires a forty foot (40' ) setback from a major arterial and to Ordinance No. 10, Section 9.06Al which requires corner lots to be a minimum of one hundred (100' ) feet wide when not a back to back lot on the property located at 3559 l34th Avenue NW, Legally described as Lot 2, Block 1, Weise's Addition; 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 in that a hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of a 47' variance to the lot width requirement and a 23.83' variance to the setback from a major arterial requirement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover disagrees with the recommendation of the Planning and zoning Commission and hereby denies the variances requested by the Anoka County Community Action Program due to the fact that the variance request for the lot width is basically one-half, practically 50 percent, of a City lot in width and is too great a variance. Adopted by the City Council of the City of Andover this 6th day of July, 1993. CITY OF ANDOVER ATTEST: 0, £.. lJl~ {i,1~ ~Ú ¿r. E. McKel ey, or V1ctoria Volk, City Clerk . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R146-93 A RESOLUTION APPROVING THE VARIANCE REQUEST OF TONY EMMERICH CONSTRUCTION, INC. TO ORDINANCE NO. 10, SECTION 9.06A(3) WHICH REQUIRES 39,000 SQUARE FEET OF CONTIGUOUS LAND AREA TO BE BUILDABLE ON THE PROPERTY LOCATED AT 1487 161ST AVENUE NW, LEGALLY DESCRIBED BELOW. WHEREAS, Tony Emmerich Construction, Inc. has requested a variance to Ordinance No. 10, Section 9.06a(3) which requires 39,000 square feet of contiguous land area to be buildable on the property located at 1487 161st Avenue NW, legally described as follows: The East 372.00 feet of the West 815.00 feet of the South 689.92 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 HIGHWAY RIGHT OF WAY PLAT NO. 20; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the requirements set forth in Ordinance No. 10, Section 9.06a(3); and WHEREAS, The Commission finds that the strict adherence to Ordinance 10 would be in direct conflict with the Tree Preservation policy of the City of Andover; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of the variance request as it meets the criteria of Ordinance No. 10, Section 17.01. 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 hereby approves the variance requested by Tony Emmerich Construction, Inc. to Ordinance No. 10, Section 9. 06a (3) which requires 39,000 square feet of contiguous land area to be buildable on the property located at 1487 161st Avenue NW, legally described above with the following condition: 1. The variance shall be no more than a 12 percent reduction. Adopted by the City Council of the City of Andover this 6th day of July, 1993. CITY OF ANDOVER ATTEST: ti £, M ;:1=ftfi . E. McKelvey, or ,l~ rf¿¿ Victoria volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R147-93 A RESOLUTION APPROVING THE VARIANCE REQUEST OF TONY EMMERICH CONSTRUCTION, INC. TO ORDINANCE NO. 10, SECTION 9.06A(3) WHICH REQUIRES 39,000 SQUARE FEET OF CONTIGUOUS LAND AREA TO BE BUILDABLE WITH A MINIMUM WIDTH OF 150 FEET AND A MINIMUM DEPTH OF 150 FEET ON THE PROPERTY LOCATED AT 16289 HANSON BOULEVARD NW, LEGALLY DESCRIBED BELOW. WHEREAS, Tony Emmerich Construction, Inc. has requested a variance to Ordinance No. 10, Section 9.06a(3) which requires 39,000 square feet of contiguous land area to be buildable with a minimum width of 150 feet and a minimum depth of 150 feet on the property located at 16289 Hanson Boulevard NW, legally described as follows: The West 717.89 feet of the South Half of the Northwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. Except the South 1005.10 feet of said South Half of the Northwest Quarter. Except that part platted as ANOKA COUNTY HIGHWAY RIGHT OF WAY PLAT NO. 27. Subject to an easement to United Power Association; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the requirements set forth in Ordinance No. 10, Section 9.06a(3) due to the fact that the area to the east of the power line easement comprises an area of 100' x 150', which is 15,000 s.f. and the area to the west of the power line easement comprises at least an area of 50' x 150', which is 7,500 s. f., those two together comprise the building pad of 150' x 150', totaling 22,500 s. f.; and WHEREAS, it should be noted that there is at least 42,000 s. f. of high buildable land on this particular lot; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of the variance request as it meets the criteria of Ordinance No. 10, Section 17.01; and 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 hereby approves the variance requested by Tony Emmerich Construction, Inc. to Ordinance No. 10, Section 9.06a(3) which requires 39,000 square feet of contiguous land area to be buildable with a minimum width of 150 feet and a minimum depth of 150 feet on the property located at 16289 Hanson Boulevard NW, legally described above. Page Two Resolution 16289 Hanson Blvd. NW - Variance Emmerich July 6, 1993 Adopted by the City Council of the city of Andover this 6th day of July, 1993. CITY OF ANDOVER ATTEST: !J'{{f¡,~ L4 Ii¿¿ /I' E. M Ke vey, yor V~ctor~a Volk, city Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 148-93 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF EMERALD GLEN AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION AND SHAMROCK DEVELOPMENT CORPORATION LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Andover City Council has conducted a public hearing and reviewed the preliminary plat of Emerald Glen; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of this City Council meeting the plat is approved citing the following: 1. That the semi-eyebrow at Martin Street NW and 134th be reduced to a normal curve and that the City Council would at the time of the final plat grant a variance for Lots 6 & 7, Block 1 for frontage in order to make that curve a normal curve. 2. At the request of the City Engineering Department and with the concurrence of the developer, that the drainage pipe which drains Lots 16-8, Block 1 be enlarged from the 12-inch pipe for the 100- year flood. 3. The exception for the drainage, the drainage easement be given over the exception piece at the time of the final plat unless the parcel has been purchased by Andover or Coon Rapids for a regional drainage pond. 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. The Park and Recreation Commission is recommending cash in lieu of land for the entire 19.434 acres which is to be determined by Ordinance 10, Section 9.07. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Emerald Glen. Adopted by the City Council of the City of Andover this 6th day of July , 19 93. CITY OF ANDOVER ATTEST: I, l'M~í~~~r £~ Vb Victor~a volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.149-93 MOTION by Councilmember .TacohHon to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 93-11 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA EMERALD GLEN . WHEREAS, the City Council did on the 15th day of June , 19 93 , 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 6th day of July , 19 93 ; 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 $ 383,326.83 . 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 $ 383,326.83 , 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 $ 20,000.00 with such payments to be made prior to commencement of work on the plans and specifications. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular Meeting this 6th day of July , 19~, with Councilmembers McKelvey, Jacobson, Dalien, Perry, Knight(absent) voting in favor of the resolution and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: vf~~ ~úL ¡jI' E. McKe vey - Mayor V1ctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 150-93 TEMPORARY STREET CLOSURE QUINN STREET NW BETWEEN 137TH LANE NW AND 138TH AVENUE NW WHEREAS, the Andover City Council acknowledges traffic issues occurring on Quinn Street NW north of Bunker Lake Boulevard; and WHEREAS, a public hearing meeting will be conducted on September 21, 1993 to discuss the traffic issue to achieve the greatest reduction in traffic problems; and WHEREAS, Quinn Street NW is a local street serving as a collector, but is not designated on the municipal state aid system; and WHEREAS, it is recognized that the temporary closure at the approximate location of 13788 Quinn Street NW creates a dead end; and WHEREAS, the Council acknowledges that access for residents and public safety vehicles has been given consideration in this action; and WHEREAS, it is proposed to initially close Quinn Street NW temporarily so as to monitor the impacts of the closure on both 139th Avenue NW and l40th Avenue NW within the neighborhood; and WHEREAS, said closure will be deemed permanent unless rescinded by Council action not later than October 6, 1993. NOW, THEREFORE, BE IT RESOLVED by the Andover City Council as follows: 1. The Public Works Department is directed to erect appropriate signs and traffic control devices as required by the 1991 Minnesota Manual on Uniform Traffic Control Device and to include barricades to close Quinn Street NW at approximately 13788 Quinn Street NW. 2. The Engineering Department shall periodically monitor traffic on Quinn Street NW and other neighborhood streets and report the results to the Council not later than September 21, 1993. Adopted by the City Council of the City of Andover this 6th day of July , 19 93. CITY OF ANDOVER .( k ATTEST: . E. McKelvey or ~áæ Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 151-93 MOTION by Councilmember ,T;aronhc:nn to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. 93-13 , IN THE LOTS 2 & 3, BLOCK 6, ANDOVER BOUNDARY COMMISSION PLAT *1 AREA. WHEREAS, the City Council has received a petition, dated June 7, 1993 , 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 P"rry and adopted by the City Council at a regular Meeting this 6th day of July , 19 93 , with Councilmembers McKelvey, Dalien, Jacobson, Perry, Knight (absent) voting in favor of the resolution, and Councilmember nnnp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (] Z. æ t:Æ1Jty ? E. MCKelvey - . or ILL £æ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 152-93 MOTION by Councilmember J~~QhSQn to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND ORDERING IMPROVEMENT FOR THE IMPROVEMENT OF PROJECT 93-13 FOR WATERMAIN IN THE FOLLOWING AREA LOTS 2 & 3, BLOCK 6, ANDOVER BOUNDARY COMMISSION PLAT *1 . WHEREAS, the City Council did on the 6th day of July , 19 93 , order the preparation of a feasibility study for the improvements; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 6th day. of July , 19 93 ; 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 $ 3,563.29 per lot. 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 $ 3,563.20 per lot, waive the Public Hearing and order improvements. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular Meeting this 6th day of July , 19-2l, with Councilmembe~ McKelvey, Dalien, Jacobson, Perry, Kniqht(absent) voting in favor of the resolution and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATT",T' I t )Æ.J/,~ Úw Ii. . E. MCKelvey - ayor Victoria V~- City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.153-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN , PROJECT NO. 93-12 , IN THE HILLS OF BUNKER LAKE 5TH AND 6TH ADDITIONS AREA. WHEREAS, the City Council has received a petition, dated June 7, 1993 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000.00 . 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular Meeting this 6th day of July , 19 93 , with Councilmember:s McKelvey, Perry, Jacobson, Dalien, Kniqht (absent) voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (), f, m, J¿ Li!14: (7. E. MCKelvey - or iLL' áæ Victor~VOlk - City Clerk , I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 154-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN , PROJECT NO. 93-14 , IN THE WOODLAND POND AREA. WHEREAS, the City Council has received a petition, dated June 17, 1993 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000.00 . 3 . The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular Meeting this 6th day of July , 19 93 , with Councilmembers McKelvey, Jacobson, Perry, Dalien, Knight (absent) voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: d,~. h/c-~~ (J' E. .- MCKelvey - yor (L~~ Ifæ Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 155-93 A RESOLUTION APPROVING THE FINAL PLAT OF WINSLOW HILLS 3RD ADDITION AS BEING DEVELOPED BY WINSLOW HILLS PROPERTIES IN SECTION 23-32-24, ANOKA COUNTY, MN. WHEREAS, the City Council approved the preliminary plat of Winslow Hills 3rd Addition ; and WHEREAS, the developer has presented the final plat of Winslow Hills 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 Winslow Hills 3rd Addition contingent upon receipt of the following: l. The City Attorney presenting 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 or Clerk until there is an executed Development contract, escrow paid (15% of the total cost for the improvements for the property {streets, utilities, etc.) ) and a contract for improvements awarded. 5. Street lights costs to be paid to Anoka Electric Cooperative. 6 . Receipt of all necessary drainage and utility easements outside the plat. BE IT FURTHER RESOLVED citing the following: 1. 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. 2. Park dedication to be cash in lieu of land. Adopted by the City Council of the city of Andover this 6th day of July , 19 93. i CITY OF ANDOVER ATTEST: ' J). t )Jfv ~lW (/J. E. McKelv y - or V~ ~ City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 156-93 A RESOLUTION APPROVING AN AMENDED JOINT POWERS AGREEMENT FOR THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION. WHEREAS, Minnesota Laws of 1982, Chapter 509, requires all metropolitan watersheds to organize, either as a joint powers group or as a watershed district; and WHEREAS, the four cities with lands in the Lower Rum River watershed adopted a Joint Powers Agreement in 1985 creating the Lower Rum River Watershed Management Organization, and the four Cities have worked cooperatively since said time to manage surface and groundwater concerns in the watershed; and WHEREAS, the Minnesota legislature has over the years adopted many new laws mandating the Organization to perform additional duties and to be responsible for public concerns relating to surface and groundwater, and in 1990 adopted major changes in legislation known as the "Metropolitan Surface Water Management Act", renumbered state statutes, and directed the Board of Water and Soil Resources to promulgate new rules regarding water management organizations; and WHEREAS, the new state rules became effective August 1, 1992, and directed all joint powers water management organizations to amend their joint powers agreements to be consistent with the new state laws and Board of Water and Soil Resources rules; and WHEREAS, the Lower Rum River Watershed Management Organization has prepared a revised joint powers agreement to comply with state mandates and state law, and the Organization has reviewed and recommended that each member City approve their new Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, as follows: The Mayor and City Clerk are hereby authorized and directed to execute the attached Amended Joint Powers Agreement which will continue the Lower Rum River watershed Management Organization with powers and duties as expressed therein and consistent with state statutes and rules of the Board of Water and Soil Resources. Adopted by the City Council of the City of Andover this 6th day of July , 19 93 . CITY OF ANDOVER ATTEST: J!-' ~. h/c-~~ . E. MCKelvey - yor ¡{4 <4 victona Vo - city Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R157-93 A RESOLUTION DECLARING A BLACK DOG OWNED BY LYLE DUNN, 2261 - l39TH AVENUE N.W., AS A "BITING DOG". WHEREAS, a black dog owned by Lyle Dunn haS attacked another dog and chased a child; and WHEREAS, there were injuries to the dog that was attacked; and 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that a black dog owned by Lyle Dunn, 2261 - 139th Avenue N.W. is hereby declared a "biting dog". Adopted by the City Council of the City of Andover this 6th day of July , 1993. CITY OF ANDOVER Attest: ;'!'M~~~~ lÆ~ Iffi V1ctor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R158-93 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF MARILYN AND MILTON MARDAUS TO CREATE TWO (2 ) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Marilyn and Milton Mardaus have requested a lot split to create two parcels on the property located at 13350 Hanson Boulevard NW, legally described as follows: That part of Lot 10, Watt's Garden Acres in Grow Township, Anoka County, Minnesota lying westerly of the East 385 feet of said lot; Also Except Roads; 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 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 20th day of July, 1993. CITY OF ANDOVER 9-, t JJk~~ ATTEST ¡Lt-~ ¡f~ ¡/'l. E. McKe vey, yor V1ctor1a volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R159-93 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF MARY HAMMENT TO OPERATE AN IN-HOME BEAUTY SALON ON THE PROPERTY LOCATED AT 524 159TH AVENUE NW, LEGALLY DESCRIBED AS LOT 2, BLOCK 2, OAK HOLLOW. WHEREAS, Mary Hamment has requested a Special Use Permit to operate an in-home beauty salon on the property located at 524 159th Avenue NW, legally described as lot 2, Block 2, Oak Hollow; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Sections 5.03 and 7.03; and WHEREAS, the Planning and zoning Commission held a public hearing and received no objections to said request; and WHEREAS, the Planning and Zoning Commission has found that the request will not have a detrimental effect on the health, safety, morals and general welfare of the community; nor will it have a significant negative efÍect on the property values and scenic views in the area; nor will it be in conflict with the spirit and intent of the zoning Ordinance and the Comprehensive Plan. 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 grants the Special Use Permit request, with the following conditions: 1. One chair salon/barber shop only. 2. The hours of operation shall be from 12 p.m. to 8 p.m., Monday and Wednesday, and from 9 a.m. to 5 p.m., Thursdays. 3. parking requirements shall be as set out in Ordinance No.8, Section 8.08. 4. The salon/shop must comply with the State Cosmetology Board and the State Barbers Board requirements. 5. In non-sewered areas, the septic system must be in compliance with Ordinance No. 37, the On-Site Septic System Ordinance. A beauty/barber shop shall be considered the equivalent to one bedroom in terms of usage under Ordinance No. 37. 6. The Special Use Permit will be subject to annual review. 7. The beauty/barber shop shall be owner occupied. 8. upon sale of the premises for which the Special Use Permit is granted, such permit shall terminate. Page Two Resolution Special Use Permit - Beauty Salon 524 159th Ave. NW Mary Hamment July 20, 1993 9. Drawings detailing the salon/shop shall be submitted at the time of the request for the Special Use Permit 10. In non-sewered areas, a minimum of 39,000 s.f. of lot size shall be required. 11. In non-sewered areas, the septic system shall be inspected annually before the Special Use Permit is reviewed. 12. The Special Use Permit shall be subject to a sunset clause as established in Section 5.03(D). 13. The plans for the shop shall be reviewed and appr~ved by the Building Department. 14. An inspection shall be conducted by the Building Department. 15. Signs shall be regulated as set out in Section 8.07. 16. Parking shall be as limited in Ordinance 8, Section 4.30. 17. The area within the principle structure being utilized for the salon shall not exceed twenty (20%) percent of the livable floor area. 18. On-site sales shall be prohibited except those clearly incidental to the services provided. Adopted by the city Council of the City of Andover on this 20th day of July, 1993. CITY OF ANDOVER I' £ Jlk~ . E. McKelvey, yor C erk 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, Minnesota, was duly held in the City Hall in said City on Tuesday, July 20, 1993, commencing at 7:30 P.M. The following members were present: McKe1vey, Da1ien, Jacobson, Knight, Perry and the following were absent: None ... ... ... . The Mayor announced that the next order of business was consideration of the bids which had been received for the purchase of the City's $3,650,000 General Obligation Improvement Bonds, Series 1993A, as advertised for sale. The City Clerk presented a tabulation of the bids proposals which had been received in the manner specified in the Notice of Sale of the Bonds. The bids were , , as fonows: ; ;.1. .~ '. . :" Name of Bidders Bid Price Totallntere!;t Cost .. Net Interest Rate .;. '~ ....~,:' .. . .,~: ... {. FBS Investment $3,590,140 $917.792.50 4.5718% .-.... Services, Inc. Piper Jaffray Inc. $3,595,669.75 $913,540.25 4.5506% . . Cronin & $3,608,025 $919.800.00 4.5819% .. Company '. ".~ .~ DJ'X558U AN165-11 I , .'. After due consideration of the bids, Member Jacobson then :.., introduced the following resolution and moved its adoption: RESOLUTION NO. 160-93 A RESOLUTION AWARDING THE SALE OF $3,650,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1993A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Andover, Anoka County, Minnesota (City) as follows: Section 1. Sale of Bonds. 1. 01. The bid of Piper Jaffrav Inc. (Purchaser) to purchase $3,650,000 General Obligation Improvement Bonds, Series 1993A (Bonds) of the City described in the Notice of Sale thereof is hereby found and determined to be the highest and best bid received and is hereby accepted, the bid being to purchase the Bonds at a price of $3,~95,669.75plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Interest Year of , Interest , Maturity ~ Maturity ~ .' I 1994 2.9 % 1999 4.10% 1995 3.2 % 2000 4.25% 1996 3.5 % 2001 4.50% j 1997 3,75% 2002 4.75% 1998 4.00% 2003 4,75% Net effective interest rate: 4.5506% 1.02. The sum of $ 55.669.75 being the amount bid by the Purchaser in excess of $3,540,000 will be credited.to the Debt Service Fund hereinafter created. The City Treasurer is directed to retain deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful bidders forthwith. The Mayor and City Clerk are directed to execute a coDirect with the Purchaser on behalf of the City, 1.03. The City will forthwith issue and sell the Bonds in the total principal amount of $3,650,000 originally dated August 1, 1993 in the denomination of $5,000 each or any integral multiple thereof. numbered No. R-1, upward, bearing interest as above set forth, and which mature serially on August 1 in the years and amounts as follows: 1994 $365.000 1998 $365.000 2001 $365.000 1995 $365.000 1999 $365,000 2002 $365.000 1996 $365.000 2000 $365.000 2003 .365.000 1997 $365.000 DJJI:55884 Alfl6.5-11 1 Year Amount Year Amount 1994 $365,000 1999 $365,000 1995 365,000 2000 365,000 1996 365,000 2001 365 , 000 1997 365,000 2002 365,000 1998 365,000 2003 365,000 1.04. Optional Redemption. The City may elect on August 1, 2000 and on any day thereafter to prepay Bonds maturing on or after August 1, 2001. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All payments will be at a price of par plus accrued interest. 1.05. The Bonds have been sold by negotiation pursuant to Minnesota Statutes, Section 475.60, Subdivision 2(9). The actions of the City's financial advisor and other city consultants and employees in soliciting bids for the Bonds are ratified and confirmed. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds shall be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The interest on the Bonds is payable on FebNary 1 and August 1 of each year, commencing February 1, 1994, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration. The City will appoint, and shall maintain, a bond registrar, transfer agent ,'authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in DJK55884 AN16S-11 2 the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon any transfer or exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on the Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. . (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes and payments so made to registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes , Fees and Charges. For a transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof sufficient to : reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated. Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon canceÌlation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. ÐJ1t55884 AH165-11 3 , i (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice in the manner required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. Bonds so caUed for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Ree;istrar. The City appoints First Trust National Association , C;.t P::IIIII , Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and . customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessox: Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Treasurer must transmit to the Registrar moneys sufficient for the paYDIent of all principal and interest then due. :" . . .' J 2.05. Execution. Authentication and Delivery. The Bonds will be prepared under the direction of the Clerk and executed on behalf of the City by the signatures of the Mayor and the Clerk, provided that all signatures may be printed, ~~ engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for aU purposes, the same as if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolu- tion. When the Bonds have been so prepared, executed and authenticated, the Clerk is to deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporary Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to ref1¡act more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. DJX5S884 AH16S-11 4 Section 3. Form of Bond. 3.01. The Bonds will be printed in substantially the following form: [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA CITY OF ANDOVER COUNTY OF ANOKA GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1993A Date of Rate Maturity Orie;inal Issue CUSIP August 1, 1993 No. $ The City of Andover, Minnesota, a duly organized and existing municipal _ corporation in Anoka County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 1994, to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender' hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by , Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevo- cably pledged. The City may elect on August 1, 2000, and on any day thereafter, to prepay Bonds of this issue maturing on or after August 1, 2001. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par plus accrued interest. The City Council has designated the issues of bonds of which this Bond a part as "qualified tax exempt obligations" within the meaning of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance of DJ1\SS884 AR16S-11 5 interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. Additional provisions of this Bond are contained on the reverse hereof and such provisions for all purposes have the same effect as though fully set forth in this place. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. 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 the Mayor and City Clerk and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF , MINNESOTA (Facsimile) (Facsimile) City Clerk Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mf'Dtioned within . By Authorized Representative [Reverse of the Bond] , . This Bond is one of an issue in the aggregate principal amount of $3,650,000 all of like original issue date and tenor, except as to number, maturity date and interest rate, all issued pursuant to a resolution adopted by the City Council on July 20, 1993 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429, and the principal hereof and interest hereon are payable primarily from special assessments against property specially benefited by local improvements, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency in special assessments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's n.ncS5S84 AN165-11 6 attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, do exist, have happened alid have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) I certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of Bonds of the City of Andover, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile Signature) City Clerk 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 UNIF GIFT MIN ACT Custodian in common ( Cust) (Minor) TEN ENT -- as tenants under Uniform Gifts or by entireties Transfers to Minors JT TEN -- as joint tenants with right of survivorship and Act. . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. n.m.S5884 AN165-11 7 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, 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. The Bond Registrar will not effect transfer of this Bond unless the informatiòn concerning the assignee requested below is provided. Name and Address: (Include information for all joint owners if this Bond is held by joint account.) Plea¡¡e insert social security or other identifying number of assignee 3.02. The City Clerk is directed to obtain a copy of the proposed approving legal opinion of Holmes & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Clerk in substantially the form set forth in the form of Bond. The City Clerk is authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. Section 4. Payment: Security: Pledges and Covenants. 4.01. The Bonds are payable from the Improvement Bonds, Series 1993A Debt Service Fund (Debt Service Fund) hereby created, and the proceeds of special assessments (Assessments) levied or to be levied for the improvements (Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If any payment of principal or interest on the Bonds shall become due when Ð.nt558e.4, A1U65-11 8 there is not sufficient money in the Debt Service Fund to pay the same, the Treasurer is directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for stièh advances out of the proceeds of Assessments when collected. There is appropriated to the Debt Service Fund all capitalized interest financed from Bond proceeds, if any, any amount over the minimum purchase price paid by the Purchaser and the accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. It is hereby determined that the Improvements to be financed by the' Bonds will directly and indirectly benefit abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused or will cause the Assessments for the Im- provements to be promptly levied so that the first installment will be collectible not later than 1994 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council will cause to be taken with due diligence all further actions that are required for the construction of each Improvement financed wholly or partly from the proceeds of the Bonds, and will take all further actions necessary for the final and valid levy of the Assessments and the appropriation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated deficiency in Assess- ments, the City Council will levy [additional] ad valorem taxes in the amount of the current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing: receipts and disbursements in connection with the Improvements, Assessments levied therefor and other funds appropriated for their payment, collections thereof and disbursements therefrom, moneys on hand and, the balance of unpaid Assessments. (d) The City will cause its books and records to be audited at least : annually and will furnish copies of such audit reports to any interested person upon request. 4.03. It is hereby determined that the estimated collections of Assessments and interest thereon for payment of principal and interest on the Bonds will produce at least five percent in exce!\S of the amount needed to meet when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.04. The City Clerk is authorized and directed to file a certified copy of this resolution with the County Auditor of Anoka County and to obtain the certificate I required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. I 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the ÐJJ\55884 AN165-11 9 validity and marketability of the Bonds and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. The Mayor and City Clerk are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of the Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time :to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 1993) exceed the small-issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued is not reasonably expected to exceed $5,000,000, within the meaning of Section 148(f}(4)(C) of the Code. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, in such a manner as to cause the Bonds to be "private actiVíty bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (b) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; I)J'XS5884 AN165-11 10 (c) the reasonably anticipated amount of tax-exempt obligations (other than any private activity bonds other than qualified 501(c)(3) bonds) which will be issued by the City (and all subordinate entities of the City) during calendar year 1993 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1993 have been designated for purposes of Section 265(b)(3)of the Code. 6.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. The motion for the adoption of the foregoing resolution was duly seconded by Member pprry ,and upon vote being taken thereon, the following voted in favor thereof: MCKelvey, Dalien, Knight, Perry, Jacobson - and the following voted a.gainst the same: None whereupon said resolution was declared duly passed and adopted. ! I .. . i j J:)..nSS884 AN165-11 11 STATE OF MINNESOTA } } COUNTY OF ANOKA } 55. } CITY OF ANDOVER } I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Anoka County, Minnesota, do hereby certify that I have <.'.arefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on July 20, 1993 with the original minutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $3,650,000 General Obligation Improvement Bonds, Series 1993A of the City. WITNESS My hand officially as such City Clerk and the corporate seal of the City this 20th day of July , 1993. ~ I~ City Clerk Andover, Minnesota \,\ (SEAL) " "~ , 2, ¡. " ,. . 00 '. . .... ')I . ,() ï ¡\ .. . D.ntSSSØ4 Alf16S-11 .. 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, Minnesota, was duly held in the City Hall in said City on Tuesday, July20,1993, commencing at 7:30 P.M. The following members were present: McKelvey, Dalien, Perry, Jacobson, Knight and the following were absent: ,None ... ... ... . The Mayor announced that the next order of business was consideration of the bids :which had been received for the purchase of the City's $520,000 General I ~. Obligation Tax Increment Bonds, Series 1993B, as advertised for sale. The City Clerk presented a tabulation of the bids that had been received in the manner specified in the Official Notice of Sale of the Bonds. The bids were as ¡ follows: .,.... ,:::;;:. Name of Bidders Bid P.,.¡ce Total Interest Cost Net Interest Rate .. . FBS Investment $511,680 $136.510.00 4.6750% . . Services. Inc. : Piper Jaffray Inc. $512,720 $135.720.00 4.6479% . , ., Cronin & $512,460 $135,830.00 4.6517% . Company : .:;~ ..... -.oi ÐJXSS9S2 AHl6S-U 1 , I After due consideration of the bids, Member Dalien then j introduced the following resolution and moved its adoption: RESOLUTION NO. 161-'13 A RESOLUTION AWARDING THE SALE OF $520,000 GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1993B; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT BE IT RESOLVED By the City Council of the City of Andover, Anoka County, ..; Minnesota (City) as follows: Section 1. Sale of Bonds. 1.01. The bid of Piper Jaffr~ Inc. (Purchaser) to purchase $520,000 General Obligation ax Increment Bonds, Series 1993B (Bonds) of the City described in the Notice of Sale thereof is found and deterD1ined to be the highest and· best bid received and is hereby accepted, the bid being to purchase the Bonds at a price of $ 512.720 plus accrued interest to date of delivery, for . Bonds bearing interest as follows: Year of Interest Year of . Interest Maturitv Rate Maturitv I Rate 1994 2.9 % 1999 4.2 % 1995 3.2 % 2000 4.4 % 1996 3.5 % 2001 4.6 % 1997 3.75% 2002 4.8 % .' 1998 4.00% 2003 5.0 % Net effective interest rate: 4.6479 1. 02. The SUIII of $ 2.720 being the amount bid by the Purchaser in excess of $510,000 will be credited to the Debt Service Fund hereinafter created. The City Treasurer is directed to retain deposit the good faith check of the Purchaser, pending completion of the sale of the Bonds, and to return the good faith .. checks of the unsuccessful bidders forthwith. The Mayor and City Clerk are '. directed to execute a contract with the Purchaser on behalf of the City. 1 .03. The City will forthwith issue and sell the Bonds in the total principal amount of $520,000, originally dated August 1, 1993, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-l, upward, bearing interest as above set forth, and which mature serially on August 1 in the years and amounts as follows: 1994 $50,000 - 1998 $50,000 2001 $55.000 1995 $50,000 1999 $50,000 2002 ~55,ooo 1996 $50,000 2000 $55,000 2003 $55,000 1997 $50,000 n.n.5.5982 U1I5.5-11 2 Year Amount Year Amount 1994 $50,000 1999 $50,000 1995 50,000 2000 50,000 1996 50,000 2001 55,000 1997 50,000 2002 55,000 1998 50,000 2003 55,000 1.04. Optional Redemption. The City may elect on August 1,2000 and on any day thereafter to prepay Bonds maturing on or after August 1, 2001. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen by lot by the Registrar. Prepayments will be at a price of par plus accrued interest. 1.05. The Bonds have been sold by negotiation pursuant to Minnesota Statutes, Section 475.60, Subdivision 2(9). The actions of the City's financial ad visor and other city consultants and employees in soliciting bids for the Bonds are ratified and confirmed. Section 2. Registration and Payment. 2.01. Registered Form. The Bonds will be issued only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond will be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of ; authentication, or (ii) the date of authentication is prior to the first interest payment date, in which case such Bond will be dated as of the date of original issue. The. interest on the Bonds is payable on February 1 and August 1 of each year, commencing February 1, 1994 to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. 2.03. Registration.. . The City will appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto are as follows: (a) Register. The Registrar must keep at its principal corporate trust office a bond register in which the Registrar provides for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar will authenticate and deliver, in DJ'XSS982 AN16S-11 3 the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. When Bonds are surrendered by the registered owner for exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney in writing. (d) Cancellation. Bonds surrendered upon any transferor exchange will be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When a Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good faith, to make·transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond is overdue or not, for the .purpose of receiving payment of, or on account of, the principal of and interest on the Bond and for all other purposes, and payments so made to a registered owner or upon the owner's order will be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For a transfer or exchange of Bonds, -the Registrar may impose a charge upon the owner thereof sufficient to 'reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to the transfer or exchange. (h) Mutilated. Lost, Stolen or Destroyed Bonds. If a Bond becomes mutilated or is destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, numbe.r, maturity date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed, stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfac- tory to the Registrar, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment. 0.11\55982 .M'165-11 4 (i) Redemption. In the event any of the Bonds are called for redemption, notice thereof identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the redemption notice by first class mail (postage prepaid) not more than 60 and not less than 30 days prior to the date fixed for redemption to the registered owner of each Bond to be redeemed at the address shown on the registration books kept by the Registrar and by publishing the notice in the manner required by law. Failure to give notice by publication or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemption are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City appoints First Trust National Association ,St P".. , Minnesota, as the initial Registrar. The Mayor and the City Clerk are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation is authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove the Registrar upon 30 days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar must deliver all . cash and Bonds in its possession to the successor Registrar and must deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Treasurer must transDÙt to the Registrar moneys sufficient for the payment of all principal and iDterest then due. I 2.05. Execution. Authentication and Delivery. The Bonds will be prepared under the direction of the Clerk and executed on behalf of the City by the signatures of the Mayor and the Clerk, provided that all signatures may be printed, engraved or lithographed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature appears on the Bonds ceases to be such officer before the delivery of any Bond, such signature or facsimile will nevertheless be valid and sufficient for all purposes, the same ~ if the officer had remained in office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for any purpose or entitled to any security or benefit under this Resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolu- tion. When the Bonds have been so prepared, executed and authenticated, the Treasurer is to deliver the same to the Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser is not obligated to see to the application of the purchase price. 2.06. Temporarv Bonds. The City may elect to deliver in lieu of printed definitive Bonds one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and cancelled. DJ1\S5982 U165-11 5 Section 3. Form of Bond. ~ 3.01. The Bonds will be printed in substantially the following form: [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1993B Date of Rate Maturity Original Issue CUSIP August 1, 1993 No. $ The City of Andover, Minnesota, a duly organized and existing municipal corporation in Anoka County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns, the principal sum of $ on the maturity date specified above with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, commencing February 1, 1994 to the person in whose name this Bond is registered at the close of business on the fifteenth day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in lawful money of the United States of America by check or draft by , Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or its designated successor under the Resolution described herein. For the prompt and full payment of such principal and interest as the same respectively become due, the full faith and credit and taxing powers of the City have been and are hereby irrevo- cably pledged. The City may elect on August 1, 2000, and on any day thereafter, to prepay Bonds of this issue maturing on or after August 1, 2001- Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of the Bonds having a common maturity date are called for prepayment I the specific Bonds to be prepaid will be chosen by lot by the Registrar. All prepayments shall be at a price of par plus accrued interest. I The City Council has designated the Bonds of the issue of which this Bond is a part. as "qualified tax exempt obligations" within the meaning of Section 265 (b)( 3) of the Internal Revenue Code of 1986, as amended (the Code) relating to disallowance DJJ<5Sge2 AN165-11 6 of interest expense for financial institutions and within the $10 million limit allowed by the Code for the calendar year of issue. Additional provisions of this Bond are contained on the reverse hereof and such provisions have the same effect as though fully set forth in this place. This Bond is not valid or obligatory for any purpose or entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon has been executed by the Bond Registrar by manual signature of one of its authorized representatives. 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 the Mayor and City Clerk and has caused this Bond to be dated as of . the date set forth below. Dated: CITY OF ANDOVER, MINNESOTA (Facsimile) (Facsimile) City Clerk Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within; By Authorized Representative [Reverse of the Bond] " This Bond is one of an issue in the aggregate principal amount of $520,000 all of like original issue date and tenor, except as to number, maturity date, redemption privilege and interest rate, all issued pursuant to a resolution adopted by the City Council on July 20, 1993 (the Resolution), for the purpose of providing money to aid in financing the public redevelopment costs of a project (Project) in a Tax Increment Financing District (District} in the City, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Sections 469.174 to 469.179, the Minnesota Tax Increment Financing Act and the principal hereof and interest hereon are payable primarily from tax increments resulting from increases in taxable valuation of real property in the Project in the District, as set forth in the Resolution to which reference is made for a full statement of rights and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for payment of this Bond and the City Council has obligated itself to levy ad valorem taxes on all taxable property in the City in the event of any deficiency of tax increments pledged, which taxes may be levied without limitation as to rate or amount. The Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any integral multiple thereof of single matu- rities. . tJJXS5982 AN165-11 7 As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to' be performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City in accordance with its terms, have been done, d~ exist, have happened and have been performed as so required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed any constitutional or statutory limitation of indebtedness. (Form of certificate to be printed on the reverse side of each Bond, following a full copy of the legal opinion.) .I certify that the above is a full, true and correct copy of the legal opinion rendèred by bond counsel on the issue of Bonds of the City of Andover, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. .. . (Facsimile Signature) City Clerk 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 UNIF GIFT MIN ACT Custodian in common ( Cust) (Minor) TEN ENT n as tenants under Uniform Gifts or by entireties Transfers to Minors DJXS59B2 AN16S-11 8 JT TEN -- as joint tenants with right of survivorship and Act. . . . . . . . . . . . not as tenants in common (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and all rights thereunder, and does hereby irrevocably constitute and appoint attorney to transfer the said Bond on the books kept for registration of the within Bond, 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 Gµaranteed: 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. The Bond Registrar will not effect transfer of this Bond unless the information concerning the assignee requested below is provided. Name and Address: . (Include information for all joint owners if this Bond is held by joint account. ) .. . Please insert social security or other identifying number of assignee 3.02. The City Clerk is directed to obtain a copy of the proposed approving legal opinion of Holmes & Graven, Chartered, Minneapolis, Minnesota, which is to be complete except as to dating thereof and to cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the Clerk in substantially the form set forth in the form of Bond. The Clerk is authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. DJX.5S9S2 A1U65-11 9 Section 4 . Payment: Security: Pledges and Covenants. 4.01. The Bonds are payable from the General Obligation Tax Increment Bonds, Series 1993B Debt Service Fund (Debt Service Fund) hereby created, and all tax increments (Tax Increments) from the Tax Increment Financing District (District) in which the project financed by the Bonds is located received by the City are pledged to the Debt Service Fund. If any payment of principal or interest on the Bonds becomes due when there is not sufficient money in the Debt Service Fund to pay the same, the Treasurer is directed to pay such principal or interest from the general fund of the City, and the ganeral fund is to be reimbursed for such advances out of the proceeds of Tax Increments when received. There is appropriated to the Debt Service Fund (i) capitalized interest funded from Bond proceeds, if any, (ii) any amount over the minimum purchase price paid by the Purchaser and (iii) accrued interest paid by the Purchaser upon closing and delivery of the Bonds. 4.02. It is determined that the estimated collection of Tax Increments for payment of principal and interest on the Bonds will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest payments on the Bonds and that no tax levy is needed at this time. 4.03. The City Clerk is directed to file a certified copy of this Resolution with the County Auditor of Anoka County and obtain the certificate required by Minnesota Statutes, Section 475.63. Section 5. Authentication of Transcript. 5.01. The officers of the City are authorized and directed to prepare and furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, may be deemed representations of the City as to the facts stated therein. 5.02. The Mayor and City Clerk are authorized and directed to certify that they have examined the Official Statement prepared and circulated in connection with the issuance and sale of tha .Bonds and that to the best of their knowledge and belief the Official Statement is a complete and accurate representation of the facts and representations made therein as of the date of the Official Statement. Section 6. Tax Covenant. 6.01. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in effect at the time of such actions, and that it will take or cause its officers, employees or agents to take, all affirmative action within its power that may be necessary to ensure that such interest will not become subject to taxation under the Code and applicable Treasury Regulations, as presently existing or as hereafter amended and made applicable to the Bonds. D.n;S59S2 AR165-11 10 6.02. (a) The City will comply with requirements necessary under the Code to establish and maintain the exclusion from gross income of the interest on the Bonds under Section 103 of the Code, including without limitation requirements relating to temporary periods for investments, limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued in calendar year 1993) exceed the small-issuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City finds, determines and declares that the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities of the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code. 6.03. The City further covenants not to use the proceeds of the Bonds or to cause or permit them or any of them to be used, 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. 6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and representations: (a) the Bonds are not "private activity bonds" as defined in Section ·141 of the Code; (b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) 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 : 'subordinate entities of the City) during calendar year 1993 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1993 have been designated for purposes of Section 265(b)(3) of the Cod~. 6.05. The City will use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designations made by this section. I I DJX55982 AN165-11 11 The motion for the adoption of the foregoing resolution was duly seconded by Member Jacobson ,and upon vote being taken thereon, the following voted in favor thereof: McKe1vey, Jacobson, Knight, Perry, Da1ien and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. . , , . .- . DJX5S9S4: AR165-11 12 STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SS. ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Anoka County, Minnesota, do hereby certify that I have. carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of the City held on July 20, 1993 with the original Drlnutes on file in my office and the extract is a full, true and correct copy of the minutes insofar as they relate to the issuance and sale of $520,000 General Obligation Tax Increment Bonds, Series 1993B of the City. WITNESS My hand officially as such Clerk and the corporate seal of the City this 20th day of . July , 1993. ~'Úb City Clerk Andover, Minnesota . \ ¡'I r) / () .," .. I . I, " '1) . . \ ; ~ ' ()i,.,~SEAL) , "':' '. . 1-/" : ~ " -<')" I .~' "\ . J./ ~ 1, 0, '/} _/ 'I .. '., ) .j, , I, ;,1,> 'I"~ .' , ,<> "1'" " , '" I\.) -, \ '. l I.. .. . 1>JX55982 AB165-11 - I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 162-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 92-25 FOR STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF UNIVERSITY AVENUE EXTENSION . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 135-93 dated June 15, 1993 bids were received, opened and tabulated according to law with results as follows: 1. W.B. Miller, Inc. $499,910.40 2. Dresel Contracting, Inc. $525,938.40 3. Forest Lake Contracting, Inc.. $541,696.19 The bid award is contingent upon state Aid approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate W.B. Miller, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with W.B. Miller, Inc. in the amount of $499,910.40 for constructiciñ-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 Dalien and adopted by the City Council at a regular meeting thi s 20th day of July , 19~, with Councilmembe~ M~KplvPYr KnighT. Perry. .Jacobson. J)alien voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER rJ £, ~J!Jlv~ . E. McKe vey - May, ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.163-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 91-5, NJORDMARK DALE/178TH LANE NW FOR STREET CONSTRUCTION. WHEREAS, pursuant to Resolution No. 097-93, adopted by the City Council on the 18th day of May , 19 93 , BRA has prepared final plans and specifications for Project 91-5 for street construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of July , 19 93 . 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 , Wednesday , August 11 , 19-21 at the Andover City Hall. MOTION seconded by Councilmember Dalien and adopted by the City Council at a regular meeting this 20th day of' July , 19-21, with Councilmembers MCKelvey. KNight, Perry, Jacobson, Dalien voting in favor of the resolution and Councilmember none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. ~¡ )J1vJ{~ (j' E. MCKelvey - Mayo victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. l64-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 91-16, 159TH AVENUE WEST OF MARYSTONE BOULEVARD FOR STREET CONSTRUCTION. WHEREAS, pursuant to Resolution No. 090-93, adopted by the City Council on the 4th day of Mar ' 19 93 , BRA has prepared final plans and speci ications for Project 91-16 for street construction; and WHEREAS, such final plans and specifications were presented to the Ci ty Council for their review on the 20th day of July , 19 93 . 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 , Wednesday , August 11 , 19~ at the Andover City Hall. MOTION seconded by Councilmember:'. a ") Dalien and adopted by the City Council at a regular meeting this 20th day of July , 19 ~, with Councilmembers McKelvey, Knight, Perry, Jacobson, Dalien voting in favor of the resolution and Councilmember none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J'E' tM0~ MCKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 165-93 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 STREETS , PROJECT NO. 93-18 IN THE PINE HILLS AREA. WHEREAS, the City Council has received a petition, dated July 2 , 19 93 , requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFÖRE, BE IT RESOLVED by the City Council of the City of Andover thàt: l. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to BRA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Da1ien and adopted by the City Council at a regular meeting this 20th day of July , 19 93 , with CouncilmemberMcKe1vey, Kniqht, Perry, Jacobson. Da1ien voting in favor of the resolution, and Councilmember non~ voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: l " Me- K~ . E. McKelvey - Mayor' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 166-93 A RESOLUTION ACCEPTING ANDOVER BOULEVARD BETWEEN CROSSTOWN BOULEVARD NW AND HANSON BOULEVARD NW IN SECTION 27, TOWNSHIP 32, RANGE 24. WHEREAS, the agreement indicates the City of Andover will take over as a local roadway, that portion of Andover Boulevard, previously known as County State Aid Highway Number 16, between Crosstown Boulevard NW and Hanson Boulevard NW. NOW, THEREFORE, BE IT RESOLVED by the City Council that the roadway known as Andover Boulevard, formerly known as County State Aid Highway Number 16, between Crosstown Boulevard NW and Hanson Boulevard NW, be in ownership of the City of Andover. BE IT FURTHER RESOLVED that the City of Andover accepts the right-of-way and responsibility of maintenance and repair of said Andover Boulevard NW from the County of Anoka. Passed by the City Council of the City of Andover this 20th day of July , 19 93 . CITY OF ANDOVER ATTEST: d'E. f~ mGK&~ McKelvey - Mayo .iz;¿/ ~ V~ctoria Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 167-93 MOTION by Councilmember ;;¡~C"oh~Qn to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE PLATTING OF ANDOVER BOUNDARY COMMISSION PLAT 1 , FOR PROJECT NO. 90-17 . THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the Professional Services of Surveyors, Ti tle Company and Attorneys have been used to review and correct the abstracts of Auditors Subdivision 82, and the expenses incurred or to be incurred correcting the abstracts, resurveying the properties and recording the plat known as Andover Boundary Commission plat 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andove r , MN: l. 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 $ 47,850.00 . 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 1994, and shall bear interest at the rate of 5 percent per anrrum from the date of the adoption of the assessment resolution. 3 . The City Clerk, with the assistance of the Finance Director shall forthwith calculate the proper amount to be 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 Dalien and adopted by the City Council at a regular meeting this 20th day of July , 19 93 , with Councilmember McKelvey. Knight. Perry. Jacoh~on_ Oalip-n voting in favor of the resolution, and Councilmember nnnø voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ff ( )?kJ:~ ~ ¡j~ çn. E. MCKelvey - or victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.168-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. 93-19 , IN THE LOTS 8 & 9, BLOCK 7, RED OAKS MANOR 4TH ADDITION AREA. WHEREAS, the City Council has received a petition, dated July 15, 1993 , 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 n;:¡l;,:::on and adopted by the City Council at a regular Meeting this 20th day of July , 19 93 , with Councilmember ~cK~]V~y, Perry. Knight. Jacobson. Dalien voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¡J g. ~vK~ {1' E. McKe vey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 169-93 MOTioN by Councilmember .T~~oh~on to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 93-19 FOR WATERMAIN IN THE FOLLOWING AREA LOTS 8 & 9, BLOCK 7, RED OAKS MANOR 4TH ADDITION . WHEREAS, the City Council did on the 20th day of July , 19 93 , order the preparation of a feasibility study for the improvements; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 20th day of July , 19 93 ; 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 $ 3,939.44 per lot. 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 $ 3,939.44 per lot, 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 $ -0- with such payments to be made prior to commencement of work on the plans and specifications. MOTION seconded by Councilmember Dalien and adopted by the City Council at a regular Meeting this 20th day of July , 19~, with Councilmembers McKelvev. Kniqht. Perry. Jacobson, Dalien voting in favor of the resolution and Councilmember 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. R 170-93 A RESOLUTION APPROVING THE VARIANCE REQUEST OF JANIE AND ALLEN HEMMELGARN TO ORDINANCE NO. 8, SECTION 4.05(F) TO ALLOW FOR THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (POLE BUILDING) LOCATED CLOSER TO THE FRONT LOT LINE THAN THE PRINCIPAL STRUCTURE THAT IS NOT CONSTRUCTED IN SIMILAR DESIGN AND EXTERIOR FINISH AS THE PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT 1054 161ST AVENUE NW, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Janie and Allen Hemmelgarn have requested a variance to allow for the construction of an accessory structure (pole building) located closer to the front lot line than the principal structure that will not be of similar design and exterior finish so as to be ~ompatible with the principal structure on the property located at 1054 l61st Avenue NW, Legally described on the attached Exhibit A; and WHEREAS, the Planning & zoning Commission has reviewed the request and has not determined that said request meets the conditions established in Ordinance No. 8, Section 5.04 and that a hardship does exist; 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 approves the variance request of Janie and Allen Hemmelgarn to construct an accessory structure (pole building) located closer to the front lot line than the principal structure that will not be of similar design and exterior finish so as to be compatible with the principal structure on the property located at 1054 161st Avenue NW, Legally described on the attached Exhibit A with the following conditions: 1. The accessory structure (pole building) meets the setback requirements as specified in Ordinance No. 8, Section 6.02. Adopted by the City Council of the City of Andover this 3rd day of Andover, 1993. CITY OF ANDOVER ATTEST: cß f. ~~{~ . E. Me elve , Mayor J.1~ ¡~ Victoria Volk, City Cle rk EXHIBIT A That part of the Northwest Quarter of the Southeast Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota, described as follows: commencing at the Northwest Corner of said Northwest Quarter of the Southeast Quarter; thence North 89 degrees 34 minutes 26 seconds East, assumed bearing, along the North Line thereof, a distance of 852.95 feet to the point of beginning of the land to be described; thence South 0 degrees 56 minutes 29 seconds East a distance of 780.00 feet; thence South 87 degrees 57 minutes 04 seconds East a distance of 185.24 feet; thence South 0 degrees 56 minutes 29 seconds East a distance of 102.00 feet; thence North 89 degrees 34 minutes 26 seconds East a distance of 201.23 feet to the West right-of-way line of the Burlington Northern, Inc. Railroad; thence North 0 degrees 11 minutes 40 seconds West, along said West line, a distance of 889.97 feet to the North line of said Northwest Quarter of the Southeast Quarter; thence westerly, along said North line, a distance 397.83 feet to the point of beginning. Subject to the right-of-way of County State Aid Highway No. 20. Subject to other easements of record, if any. Together with an easement for driveway purposes over a strip of land 30.00 feet in width, the East line of said strip of land being described as follows: Commencing at the Northwest Corner of said Northwest Quarter of the Southeast Quarter; thence North 89 degrees 34 minutes 26 seconds East, assumed bearing, along the North line thereof, a distance of 852.95 feet to the point of beginning of the line to be described; thence South 0 degrees 56 minutes 29 seconds East a distance of 780.00 feet and there terminating. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rl71-93 A RESOLUTION DENYING THE VARIANCE REQUEST OF ARTHUR SWANSON TO ORDINANCE NO. 8, SECTIONS 4.04 AND 6.02, AND TO ORDINANCE NO. 10, SECTION 9.06 ON THE PROPERTY LOCATED AT 175XX ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A. WHEREAS, Arthur Swanson has requested a variance to Ordinance No. 8, Section 4.04 and Ordinance No. 10, Section 9.06, which requires a buildable lot to have frontage on a public street right-of-way which has been accepted and is currently maintained by the City on the property described on Exhibit A; and WHEREAS, Arthur Swanson has requested a variance to Ordinance No. 10, Section 9.06 and Ordinance No. 8, Section 6.02, which requires the lot width to be three hundred (300' ) feet at the front setback line on the property described on Éxhibit 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 No. 8, Section 5.04 and Ordinance No. 10, Section 17; and WHEREAS, the Planning and Zoning Commission finds that parcel does not have frontage on a public street right-of-way which has been accepted by the City and maintained; and WHEREAS, the Planning and zoning Commission recommends to the City Council denial of tne variance. WHEREAS, The city Council finds that the documents presented at the meeting by the Attorney representing the property owne r I mainly the meeting minutes of the Regular city Council Meeting of May 20, 1986, where the attorney has very conveniently highlighted for us the argument that we have articulated here that it was the property owner's own decision at the time not to access the City streets. And it was his conscience desire not to purchase a parcel to make this a buildable lot. At that time, as stated in the minutes, he was told that he would not be able to get a building permit on that parcel if he did not do that. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the Planning and Zoning Commission and denies the request of Arthur Swanson on the property legally described on Exhibit A. Adopted by the City Council of the City of Andover this 3rd day of August, 1993. CITY OF ANDOVER ATTEST: ~ f );k~~ (;<1. E. MCKelvey, or tL~ ¿ÚL Vlctorla volk, City Clerk EXHIBIT A I That part of the Southwest Quarter of Section ~, Township 32, Range 2~, Anoka County, Minnesota, described as fOllóws, to-wit: Commencing at a point on the West line of said Sout~~~st Quarter, distant 1,661 fee~ North of the Southwest corner thereof thence East, parallel with the South line of .said Southwest Quarter, a distance 'of 400 feet; thence deflect right 17 degrees 06 minutes, a distance of ~0.~3 feet, and to the actual point of beginning of the tract of land to be herein described; , thence continuing on saig'last course a distance of 59.57 f~et; thence deflect left 15 degrees 00 minutes, a distance 'of 209_.60 feet; thence deflect left 19 degrees 11 minutes ~2 seconds, a distance of ~03.70 feet; thence deflect right 17 degrees 05 minutes ~2 seconds, a distance of ~2.67 feet; thence North, parallel with the West line of said Southwest Quarter, a distance of 236.30 feet to a line drawn 660 feet South of the North line of said Southwest Quarter; thence West, along -- said line so drawn 660 feet South of said North line, to a point thereon which is ~38.25 feet East of 'the said West line of said Southwest Quarter; thence South to the actual point of beginning and there terminating. Subject to and reserving an easement for roadway purposes over the South 30 feet thereof. Together with a non-exclu~ive easement for ingress and egress for roadway purposes over a strip of land lying 30 feet on each side of and parallel with the following described line: Commencing at a point on the' West line of said Southwest Quarter distant 1,661 feet North of the Southwest corner . thereof; thence East, parallel with the South line of said Southwest Quarter, a distance of 400 feet; thence deflect right l7 degrees 06 minutes, a distance of 40.43 feet, and there terminating. And together with a non-exclusive easement for ingress and egress for roadway purposes over a 30 foot strip of land adjacent to, Southerly of with the most Southerly line of the above first described parcel. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rl72-93 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF JEFF BERGERON (DOVER KENNELS) TO EXPAND HIS KENNEL OPERATION FROM 45 TO 60 DOGS ON THE PROPERTY LOCATED AT 16422 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS: THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, Jeff Bergeron of Dover Kennels has requested an Amended Special Use Permit to expand his kennel operation from 45 dogs to 60 dogs on the property located at 16422 Hanson Boulevard NW and 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, 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 would be 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 Amended 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 grant the Amended Special Use Permit requested to allow Jeff Bergeron (Dover Kennels) to expand his kennel operation from 45 dogs to 60 dogs on said property with the following conditions: 1. The Special Use Permit will be subject to annual review by Staff. 2 . The kennel licenõe will be subject to annual renewal. 3. Shooting will be at a minimum. 4 . The Special Use Permit covers the full 60 acre parcel. 5. The limit of sixty (60) animals at the kennel is the ultimate limit that the City will grant at this particular location. Adopted by the City Council of the City of Andover on this 3rd day of August, 1993. CITY OF ANDOVER ATTEST: ; E~ !~£a:~r ~/¿b Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 173-93 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAND POND AS BEING DEVELOPED BY UPTOWN CONSTRUCTION AND FINEST HOMES LOCATED IN SECTION 29, 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 reviewed the preliminary plat of Woodland Pond; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such hearing, the Planning and zoning Commission recommends approval of the plat citing the following: 1. A variance is required from Ordinance 8, Section 6.02 for Lot 1, Block 1 as the average depth of the lot is less than 130 feet. to allow for the alignment of 141st Lane N.W. 2. The developer's engineer review the site distance to meet the standards set by MNDOT at the intersection of 141st Lane NW and Round Lake Boulevard. 3. The developer is responsible to obtain all necessary permits from the Lower Rum River WMO, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 4 . The Park and Recreation Commission is recommending cash in lieu of land for the entire 4.36 acres which is to be determined by Ordinance 10, Section 9.07. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of woodland Pond . Adopted by the City Council of the City of Andover this 3rd day of August , 19 93. CITY OF ANDOVER ATTEST: j!-f /Jk¡:~ . E. McKelvey - or ';;é,~ ¿!4 Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 174-93 MOTìoN by Councilmember Kniaht to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 93-14 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA OF WOODLAND POND . WHEREAS, the City Council did on the 6th day of July , 19 93 , 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 3rd day of August , 19 93 ; 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 $ 109,528.76 . 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 $ 109,528.76 , 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 $ 6,000.00 with such payments to be made prior to commencement of work on the plans and specifications. MOTION seconded by Councilmember Dalien and adopted by the City Council at a regular Meeting this 3rd day of August , 19 -11, with Councilmembe~ McKelvey, Kniqht, Jacobson, Perry, Dalien voting in favor of the resolution and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I' E~~ Mc1!rv1f~or ~~ Victorla Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 175-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NO. 92-19 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF WEYBRIDGE 3RD ADDITION . WHEREAS, pursuant to Council Resolution No. 134-93 dated June 15, 1993, bids weré received, opened and tabulated according to law; and WHEREAS, a written agreement between the City and the developer as to thé developer's costs of the improvement has not been executed per Resolution No. 134-93. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby reject the bids for Project 92-19 on Friday, August 6, 1993 at 4:30 p.m. if the development contract by the developer of Weybridge 3rd has not been signed by that date. 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 pprry and adopted by the City Council at a regular meeting this 3rd day of August , 1921, with Councilmembers Or.ll;pnr Knight-, Pprry, .Tacoh!=;,on voting in favor of the resolution, and Councilmember McKelvey voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ;: { ~A:ßp~ ATTEST: . E. I1cKe vey - !JïiYo r lLu".J d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 176-93 MOTION by Councilmember P~rry to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 93-5, WINSLOW HILLS 3RD ADDITION FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution NO. 103-93, adopted by the City Council on the 18th day of May , 19 93 , TKDA has prepared final plans and specifications for-Project 93-5 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 3rd day of August , 19 93 . 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 10:30 AM , Friday, September 3 , 19~ at the Andover City Hall. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 3rd day of August , 19...i1.~, with Councilmembers McKe1vev. Knight, Da1ien, Perry, ~acobson voting in favor of the resolution and Councilmember non~ voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¡i- t. þ¿~~ . . E. MCKelvey - Ma r tL4-- U4 V~ctor~a VO~ - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 177-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO HYDROCON, INC. FOR PROJECT NO. 92-15 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA: HIDDEN CREEK EAST 5TH ADDITION . WHEREAS, pursuant to a written contract signed with the city of Andover on August 18 , 19 92, Hydrocon, Inc. of North Branch, MN has sat1sfactorily-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 Perry and adopted by the City Council at a regular meeting this 3rd day of August, 19-21, with Councilmembers McKelvey, Knight, Dalien, Perry, Jacobson voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ç. t JJíc--t:L-j¡$¡ r:fl1' E . McKelvey - yor ~dÆ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 178-93 AOTION by Councilmember .T~~oh~on to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 90-17 . WHEREAS, by a resolution passed by the City Council on July 20 , 1993 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 90-17 ; 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 September, 1993, in the City Hall at 7:30 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 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 Perry and adopted by the City Council at a Regular Meeting this 3rd day of August , 1993 , with Councilmembers McKelvey, Jacobson, Knight, Dalien, Perry voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 'TTEST: / ç: øc--('~ ¿?G. E. McKelvey - May ~¿!~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R179-93 Motion by Councilmember Jacobson to adopt the following: A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE WATER TRUNK FUND AND THE SEWER TRUNK FUND TO THE 1990A TEMPORARY IMPROVEMENT BOND DEBT SERVICE FUND. WHEREAS, the City of Andover has collected water area and connection charges within the Water Trunk Fund to finance additional construction of the City's water source, storage and distribution system; and WHEREAS, the City of Andover has collected sewer area and connection charges within the Sewer Trunk Fund to finance additional construction of the city's sewer collection system; and WHEREAS, the City of Andover has retired the 1990A Temporary Improvement Bonds at their maturity on July 1, 1993; and WHEREAS, the Water Trunk Fund owes $1,180,767.53 and the Sewer Trunk Fund owes $393,589.18 for construction and interest charges paid through the use of the 1990A Temporary Improvement Bonds. NOW, THEREFORE BE IT RESOLVED that $1,180,767.53 be transferred from the Water Trunk Fund and $393,589.18 be transferred from the Sewer Trunk Fund to the 1990A Temporary Improvement Bond Fund to pay in full their obligations. Motion seconded by Councilmember Perrv and adopted by the City Council at a regular meeting this 3rd day of August , 1993 with Councilmembers .!µ!Lien. Perry. ,ïni9"gt:, .T"coh"on, MCT(pl\,py voting in favor of the resolut10n, and Counc1 mem ers n np voting against, whereupon said resolution was decl.reâ passed . . - CITY OF ANDOVER ATTEST: ;., t. mt~~ ~-' . E. McKelvey - or ¿I¿ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RIBO-93 Motion by Councilmember .Tacoh!=:on to adopt the following: A RESOLUTION CLOSING THE 1990 SERIES A TEMPORARY IMPROVEMENT BOND FUND AND TRANSFERRING THE REMAINING FUNDS TO THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, the City of Andover issued special assessment temporary improvement bonds in 1990 to refinance previously issued temporary improvement bonds used for the construction of capital improvements; and WHEREAS, the City of Andover has retired the bonds by payment in full at maturity on July 1, 1993; and WHEREAS, there are monies remaining in the fund reserved for payment of this debt; and WHEREAS, the City Council has adopted Resolution No. R074-90 which established the Permanent Improvement Revolving Fund and requires these monies be deposited into this fund. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that the 1990 Series A, Temporary Improvement Bond Fund is hereby closed. BE IT FURTHER RESOLVED that all monies remaining in the 1990 Series A Temporary Improvement Bond Fund be deposited into the Permanent Improvement Revolving Fund with $924.82 allocated to the Public Improvement Account and $ -0- allocated to the Capital Improvement Account. MOTION seconded by Councilmember . Perry and adopted by the City Council at a regular meeting this 3rd day of August , 1993 with Councilmembers Jacobson. Perry. Dalien. McKelvev. Kniqht voting in favor of the resolution, and Councilmembers nonp- voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: l t kU-:Jy, rL~ dæ . E. McKelvey -; yor Vlctorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RI81 -93 Motion by Councilmember Jacobson to adopt the following: A RESOLUTION DELEGATING THE AUTHORITY TO PAY CLAIMS TO THE TREASURER. 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. 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 $5,000 per claim prior to city council review. Said claims and bills must be presented for City Council review at the next regularly scheduled council meeting. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 3rd day of August , 1993 with Councilmembers McKelvey, Knight, Dalien, perry, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I: r. m~,~~ . E. McKe vey - Mayor ~/$ Victor1a Volk - City Clerk I ¡ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.l82-93 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 93-16 FOR SEALCOATING CONSTRUCTION IN THE AREA OF CHAPMAN'S 1ST - 6TH ADDITIONS AND NORTHGLEN 1ST AND 3RD ADDITIONS . WHEREAS, pursuant to advertisement for bids, bids were received, opened and tabulated according to law with results as follows: 1. Allied Blacktop Co. $23,908.80 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Allied Blacktop Co. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Allied Blacktop Co. in the amount of $23,908.80 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 Perry and adopted by the City Council at a regular meeting thi s 3rd day of August , 19-21, with Councilmembers Jacobson. DaU en. McKelvey, Kniqht, Perry voting in favor of the resolution, and Councilmember nonp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: cI {M~l~~or ~ tI,¿L Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 183-93 A RESOLUTION APPROVING THE FINAL PLAT OF WOODLAND POND AS BEING DEVELOPED BY UPTOWN CONSTRUCTION AND FINEST HOMES IN SECTION 29-32-24, ANOKA COUNTY, MN. WHEREAS, the City Council approved the preliminary plat of woodland Pond ; and WHEREAS, the developer has presented the final plat of woodland Pond . 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 Pond contingent upon receipt of the following: l. The City Attorney presenting 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 or Clerk until there is an executed Development Contract, escrow paid (15% of the total cost for the improvements for the property {streets, utilities, etc.} ) and a contract for improvements awarded. 5. Street lights costs to be paid to Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat. BE IT FURTHER RESOLVED citing the following: 1. A variance is required from Ordinance 8, Section 6.02 for Lot 1, Block 1 as the average depth of the lot is less than 130 feet to allow for the alignment of 141st Lane N.W. 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. Adopted by the City Council of the City of Andover this 3rd day of August , 19 93. ATST: i ~ '¿¿Z victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R184-93 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ANDOVER FIREARM, INC. TO OPERATE A GUN SHOP AND SPORTING GOODS STORE (RETAIL TRADE & SERVICES) ON THE PROPERTY LOCATED AT 1860 BUNKER LAKE BOULEVARD NW (PIN 34-32-24-42-0001), LEGALLY DESCRIBED BELOW. WHEREAS, Andover Firearm, Inc has requested a Special Use Permit to operate a gun shop and sporting goods store ( retail trade and services) at 1860 Bunker Lake Boulevard NW (PIN 34-32-24- 42-0001), legally described as follows The east 264 feet of the west 924 feet of Lot 1, Watt's Garden Acres, except roads and subject to easements of record; and WHEREAS, the Planning & 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 tò the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no öpposition 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 Andover Firearm, Inc. to operate a gun shop and sporting goods store ( retail trade and services) 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 will be subject to a sunset clause as defined in Ordinance No. 8, Section 5.03(D). 3. Parking shall be required in accordance with Ordinance No. 8, Section 8.08. 4. The business, prior to being established, be reviewed by the Fire Marshal and Deputy Sheriff from the viewpoint of fire safety and security concerns. Adopted by the City Council of the City of Andover on this 17th day of August, 1993. CITY OF ANDOVER AT~~ j..¿¿ a t ?tir ¡¿1* (1" E. McKe vey, Ma r Victor~a Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R185-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION TERMINATING IMPROVEMENT PROJECT 92-6, WATERMAIN EXTENSION. WHEREAS, a petition was submitted to the City Council requesting watermain along Woodbine street N.W., located in the Northeast one-quarter of the Southwest one-quarter of Section 29, Township 32, Range 24; and WHEREAS, a feasibility report was prepared by Toltz, King, Duvall and Anderson; and WHEREAS, a public hearing was held and the property owners objected to the cost of the watermain. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that project 92-6, watermain extension along Woodbine Street, be terminated. MOTION seconded by Councilmember Knight and adopted by the City Council at a Regular meeting this 17th day of August , 192.l, with Councilmembers MCKelvey, Perry, Jacobson, Knight, Dalien (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: {j, g, JJJ,. ~ {11' E. MCKefve - Ma r ~;¿;~/ j~ .- V1ctoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R186-93 A RESOLUTION AMENDING THE 1993 GENERAL, WATER AND SEWER FUND BUDGETS. WHEREAS, the City Council of the City of Andover has adopted Resolution Numbers R220-92 and R227-92 which established the 1993 budgets for the General and Enterprise Funds respectively; and WHEREAS, the City Council of the City of Andover has adopted Resolution Number R016-93 amending the 1993 budgets for these funds; and WHEREAS, the City Council has taken action to reallocate the distribution of resources between the operating departments within the adopted budgets, and recognizes the additional permit revenue from the greater than expected new home construction; and WHEREAS, the City Council of the City of Andover deems it necessary to amend the adopted budgets so that financial reports properly state the effects of these actions. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the 1993 budgets for the General, Water and Sewer Funds are hereby amended as shown on Attachment A. Adopted by the City Council of the City of Andover this 17th day of August , 1993. CITY OF ANDOVER ATTEST: (j, r J}J, ~~ ~. E. MCKeÍvey - ayor ( ~ ~u£~ ¿ V1ctoria Volk - City Clerk ATTACHMENT A GENERAL FUND AMENDMENTS ======================= Increase Increase (Decrease) (Decrease) in in Amendment Purpose Revenue Expenditures 1- Reappropriate dues for NMMA authorized from 1992 surplus... $ 3,000 Use of working capital reserves $ 3,000 2. Mileage reimbursement for Mayor.. 250 3. Special county election: Judges. . . . . . . . . . . . . . . . . . . . . . . . 1,669 Supplies. . . . . . . . . . . . . . . . . . . . . . 38 Purchased Services............ 152 Subtotal elections 1,859 4. Salary, PERA & FICA adjustments: Acting Administrator........... 2,950 Assistant Engineer............. 981 Building Secretary (part time). 494 Street Supervisor.............. 370 Park Supervisor................ 370 Subtotal personal services 5,165 5. Insurance: Mayor and Council.............. 3,559 Administration................. 1,638 Financial Administration....... 99 Bui ldings . . . . . . . . . . . . . . . . . . . . . . 322 Fire and Rescue................ 3,340 Protective Inspections......... 111 Civil Defense.................. 12 Streets and Highways........... (750) Park and Recreation............ 1,264 Subtotal insurance 9,595 6. postage: Administration.......... ....... 400 Financial Administration....... 500 Dat~ pro~essing................ 100 Eng1neer 1ng. . . . . . . . . . . . . . . . . . . . 200 Protective Inspections......... 400 Streets and Highways........... 100 Street Lights Billed........... 450 Subtotal postage 2,150 7 . Taxes: Laptuta/park Property.......... 1,003 Future Fire Station............ 344 Subtotal taxes 1,347 ATTACHMENT A GENERAL FUND AMENDMENTS ======================= Increase Increase (Decrease) (Decrease) in in Amendment purpose Revenue Expenditures 8. Cleaning Contract: City Hall Building: Personal Services. . . . . . . . . . . . (2,917) Contractual Services......... 2,917 Senior Center: Personal Services........... . (1,825) Contractual Services......... 1,825 Fire Stations: Personal Services............ (336) 9. Telephone Service: Engineering. . . . . . . . . . . . . . . . . . 150 Protective Inspections....... 150 10. Civil Defense Siren Repair....... 500 11- 4 Wheel Drive Blazer & Radio..... 21,157 12. City Hall Garage: Operating Supplies............. 100 Purchased Services/Maintenance. 750 13. Street Lights Billed/Electricity. 16,700 5,100 14. Reappropriate Tree Trimming...... 3,000 Use of working capital reserves 3,000 15. Recycling/Brush Chipper.......... 8,423 7,988 16. Reserve for Building Improvements 50,000 17. New Construction Permit Revenue.. 80,802 Total General Fund $111,925 $111,925 ========= --------- --------- ATTACHMENT A (Con't) WATER FUND AMENDMENTS ====================== Increase Increase (Decrease) (Decrease) in in Amendment Purpose Revenue Expenditures 1. Salary, PERA & FICA adjustments water/Sewer Supervisor...... $ $ 185 2. Insurance: Source, Storage & Treatment. 53 Distribution................ 165 Administration.............. 426 Subtotal insurance 644 3. Contingency.................... (829) Total Sewer Fund -0- -0- ---------- ========= ---------- SEWER FUND AMENDMENTS ====================== Increase Increase (Decrease) (Decrease) in in Amendment Purpose Revenue Expenditures 1. Salary, PERA & FICA adjustments Water/Sewer Supervisor...... $ $ 185 2. Insurance: Collection................. . 51 Administration............. . 10 Subtotal insurance 61 3. Contingency. . . . . . . . . . . . . . . . . . . . (246) Total Sewer Fund -0- -0- ---------- -------- ---------- -------- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 187-93 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. 92-15 , HIDDEN CREEK EAST 5TH ADDITION . THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $180,131.92, and the expenses incurred or to be incurred in the making of such improvement amount to $ 59,952.78 and work previously done amount to $ 46,018.50 so that the total cost of the improvement will be $ 286,103.20 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andove r , MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited propertY~TIers is declared to be $ 286,103.10 . 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 1994, 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 August , 1993 , with Councilmembers Perry, McKelvey, Jacobson, Knight, Dalien (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said re30lution was declared passed. CITY OF ANDOVER ATTEST: (/. ( à Jr:J¿t¡j . ~ ðdb ¡J. E. McKelvey - Ma r V1ctor1a volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 188-93 MOTION by Councilmember JACOBSON to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STORM SEWER, WATERMAIN, AND STREETS, PROJECT NO. 92-15 HIDDEN CREEK EAST 5TH 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 benefitted 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, 19 94 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 17th day of August , 1993 with Councilmembers Perry, MCKelvey, Jacobson, Knight, Dalien (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Û, (. ~~~ rJ1" E. McKe vey - ayor ~ (-tv (;, victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 189-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 93-14, WOODLAND POND FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 174-93, adopted by the City Council on the 3rd day of August , 19 93 , TKDA has prepared final plans and specifications for project 93-14 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 17th day of August , 19 93 . NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final plans and Specifications . MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 17th day of August , 19 93, with Councilmembers MCKelvey, (ãbsent) Perry, Jacobson, Knight, Dalien voting in favor of the resolution and Councilmembers none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f), «. ffLI! ei~ ¿íð' E. McKelvey - or tLtz-W ¿fv--/£ - Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 190-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 91-5 AND PROJECT NO. 91-16 FOR STREET CONSTRUCTION IN THE AREA OF NJORDMARK DALE/178TH LANE NW AND 159TH AVENUE WEST OF MARYS TONE BOULEVARD . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 164-93 and 163-93, dated July 20, 1993, bids were received, opened and tabulated according to law with results as follows: 1- Bituminous Consulting and $119,038.00 contracting Co., Inc. 2. W.B. Miller $119,295.50 3. GMH Asphalt $127,079.60 NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Andover to hereby accept the bids as shown to indicate Bituminous Consulting as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Bituminous consulting in the amount of $119,038.00 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 reqular meeting thi s 17th day of August , 1993 , with Councilmembers McKelvey, perry, Knight, Jacobson, Dalien (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER f). f. ~~1~ ATTEST: tfð. E. Mc e vey - yor !µ~ (/~/; Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 191-93 A RESOLUTION REQUESTING SPEED STUDY BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR 181ST AVENUE NW FROM TULIP STREET NW TO ROUND LAKE BOULEVARD (CSAH 9). WHEREAS, the city Council has requested this speed study; and WHEREAS, residents from Oak Grove Township and the City of Andover have requested the speed study: and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to request the Anoka County Highway Department to request a speed study to be done by MNDOT. Adopted by the City Council of the City of Andover this 17th , day of August , 19 93. CITY OF ANDOVER j ~?lt~ .. Ý.. ~, ATTEST: ;. E. Mc el ey - ayor U~ ¡(dL- Victor~a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 192-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO BONINE EXCAVATING FOR PROJECT NO. 92-8 FOR THE IMPROVEMENT OF - TRUNK SANITARY SEWER IN THE FOLLOWING AREA: ANDOVER BOULEVARD/PINEWOOD ESTATES . WHEREAS, pursuant to a written contract signed with the City of Andover on August 18 , 19~, Bonine Excavatin~ of Elk River, MN has satisfactorily completed the construct~on 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 thi s 17th day of August , 19 93 , with Councilmembers MCKelvey, Jacobson, Perry, Knight, Dalien (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: I: t )JJl- Jd£~ . E. McKervey - ayor Lz-¿; ¿f~ Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rl93-93 Motion by Councilmember Jacobson to adopt the following: A RESOLUTION AUTHORIZING THE ADDITIONAL EXPENDITURE FOR STORM SEWER CONSTRUCTION FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R174-90 established a permanent Improvement Revolving Fund containing a capital Improvement Account designed to fund capital expenditures; and WHEREAS, the City Council has previously approved Resolution Number R124-93 for the storm sewer reconstruction at 177th Ave and Blackfoot St in the amount of $12,500; and WHEREAS, the total cost of the storm sewer construction and erosion correction at the site will cost approximately $22,500. NOW, THEREFORE BE IT RESOLVED that the city Council of the City of Andover hereby authorizes the additional expenditure of $10,000 from the Permanent Improvement Revolving Fund for storm sewer construction and erosion correction at the corner of 177th Ave and Blackfoot St. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this 17th day of August , 1993 with Councilmembers McKelvey, Perry, Kniqht, Jacobson. Dalien(~8f~ in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¡J. { )¡/k~ fú' E. MCKelvey - ayor ~ddL Victor1a Volk - City Clerk CI'fY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R194-93 A RESOLUTION APPROVING THE VARIANCE REQUESTS OF THE COUNTY OF ANOKA AND THE CITY OF ANDOVER ON BEHALF OF THE MEADOW CREEK PROFESSIONAL BUILDING TO ORDINANCE NO. 8, SECTIONS 6.02 AND 8.08 ON THE PROPERTY LOCATED AT 3480 BUNKER LAKE BOULEVARD NW. WHEREAS, The County of Anoka and the City of Andover has requested variances to Ordinance No. 8, Section 6.02 and 8.08 for the Meadow Creek Professional Building on the property located at 3480 Bunker Lake Boulevard NW; and WHEREAS, the variances requested are as follows: 1. Variances to the lot width requirement of 150' as measured at the front setback line. The western most parcel requires a 41' variance and the eastern most parcel a 9' variance. 2. Variances to the lot aréa requirement of 2 acres. The western most parcel requires a 57,120 s.f. variance and the western most parcel a 55,620 variance. 3. Variance of 10' to the required setback of 50' from a major arterial for the medical building. 4 . Variance of 8' to the required sideyard setback of 30' from a street for the professional building. 5. Variance of 5' to the required 10' setback for a driveway from the rear property line; and WHEREAS, the City Council has reviewed the request and has determined that said request does meet the criteria of Ordinance No. 8, Section 5.04 and WHEREAS, the City Council finds the requested variances have been caused by the Council approving road construction in the area which was no fault of the property owner; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves the variance requests as listed above on the property located at 3480 Bunker Lake Boulevard NW. Adopted by the City Council of the City of Andover this 17th day of August, 1993. CITY OF ANDOVER ¡j t.~~ ATTEST: (J' E. Mc e Ý y, M r d1~~ Victoria Vol~, C1ty Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 195-93 MÙTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE RESURVEYING AND PLATTING OF PRIVATE PROPERTY IN ANDOVER BOUNDARY COMMISSION PLAT 1 FOR IMPROVEMENT PROJECT 90-17 FOR CERTIFICATION. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the resurvey and platting of private property in Andover Boundary Commission Plat 1 . 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, 1994 and shall bear interest at the rate of 5.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment should be added interest on the entire assessment from the date of the resolution until December 31, 1994 . To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 7th day of SeptPmhpr -- , 192, with Councilmembe~ Dalíen. MrR'plupy, T.<:I,-,"9 :!Q'R, Kn í,gh t, Pel \1, resolution, and Councilmember votlng in a or of the nnno voting against, whereupon said resolution was declared passed. ATTEST: pT?;O~~>O<~ - (" ~. E. cKelvey - ayor 1i.1¿~· ()~ Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R196-93 A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF ROGER KJELLBERG TO CONSTRUCT AN ACCESSORY STRUCTURE PRIOR TO THE CONSTRUCTION OF A PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED ON 167TH AVENUE NW AND HANSON BOULEVARD NW (PIN 10-32-24-41-0001), LEGALLY DESCRIBED AS FOLLOWS: The Northeast Quarter of the Southeast Quarter of Section 10, Township 32, Range 24, Anoka County, Minnesota, except the East 473.50 feet of the West 533.50 feet of the South 460 feet of said Quarte r, Quarter (AS measured along the South and West lines thereof); Also Except Roads; Subject to Easements of Record. WHEREAS, Roger Kjellberg has requested a Special Use Permit to construct an accessory structure prior to the construction of a principal structure on the property legally described above. WHEREAS, the Planning & Zoning Commission has 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 Commission on the 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 & zoning Commission and denies the request of roger Kjellberg 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 7th day of september, 1993. ATTEST: ;rti~~ Ú?-Ú-- ia . E. McKe vey, yor Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R197-93 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF SUPER AMERICA GROUP, INC. TO INSTALL FOUR (4 ) UNDERGROUND STORAGE TANKS FOR THE BULK STORAGE OF LIQUID FUELS ON THE PROPERTY LOCATED ON THE NORTHEAST CORNER OF BUNKER LAKE BOULEVARD NW AND HANSON BOULEVARD NW, PIN 35-32-24-23-0005, LEGALLY DESCRIBED BELOW. WHEREAS, Super America Group, Inc. has requested a Special Use Permit to install four (4 ) underground storage tanks for the bulk storage of liquid fuels (gasoline) on the property located on the northeast corner of Bunker Lake Boulevard NW and Hanson Boulevard NW, PIN 35-32-24-23-0005, legally described as follows: That part of the Southwest Quarter of the Northwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota, lying south of the North 600.00 feet as measured at right angles to the East line thereof; Except the West 150.00 feet thereof. WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets the cri teria of Ordinance 8, Section 5.03 and 4.26; and WHEREAS, a public hearing was held and there were concerns and opposition regarding the environmental safety of 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 four ( 4 ) underground storage tanks for the bulk storage of liquid fuels (gasoline) on the property located on the northeast corner of Bunker Lake Boulevard NW and Hanson Boulevard NW, PIN 35-32-24-23- 0005 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 Special Use permit will be subject to a one (1 ) year sunset clause as defined in Ordinance No. 8, Section 5.03{D). 3. The Andover Fire Marshal inspect the tanks and their installation. Page Two Resolution super America August 17, 1993 4. The Special Use Permit will be subject to annual review. 5. SuperAmerica Group, Inc. should continue to interface with the neighborhood and to address their concerns to the best of their ability. Adopted by the city Council of the City of Andover on this 7th day of September, 1993 CITY OF ANDOVER ATTEST: fj, ~. ~ßJ;;l1j ¡;JJ' E. McKe véy, May r L~~ d,¿¿ Victoria Volk, city Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R198-93 A RESOLUTION GRANTING THE VARIANCE REQUEST OF MAUREEN SCHACHTSCHNEIDER TO ORDINANCE NO. 8, SECTION 6.02 WHICH REQUIRES A TEN (10' ) FOOT SIDEYARD SETBACK FROM THE INTERIOR LOT LINE TO ALLOW FOR THE PLACEMENT OF A DECK ENCROACHING TWO (2' ) FEET INTO THE REQUIRED SIDEYARD SETBACK ON THE PROPERTY LOCATED AT 1455 147TH AVENUE NW, LEGALLY DESCRIBED AS LOT 13, BLOCK 4, OAK BLUFF SECOND ADDITION. WHEREAS, Maureen Schachtschneider has requested a variance to Ordinance No. 8, Section 6.02 which requires a ten (10' ) foot sideyard setback from the interior lot line to allow for the placement of a deck support structure encroaching two (2' ) feet into the required sideyard setback on the property legally described as Lot 13, Block 4, Oak Bluff Second Addition; 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 in that a hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request as it meets the criteria of Ordinance No. 8, Section 5.04. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and hereby approves the variance requested by Maureen Schachtschneider to allow for the placement of a deck support structure encroaching two ( 2 ' ) feet into the required sideyard setback on the proeprty legally described as Lot 13, Block 4, Oak Bluff Second Addition. Adopted by the City Council of the City of Andover this 7th day of September , 1993. CITY OF ANDOVER Attest: l { !1Ic/(oL .E. McKelvey - May~ ~ Ifv-?b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 199-93 A RESOLUTION DECLARING A DOG OWNED BY RONALD FREDERICHS, 3939 ENCHANTED DRIVE N. W., A "BITING DOG". WHEREAS, a dog owned by Ronald Frederichs attacked a neighbor; and WHEREAS, the attempted to bite said person; and 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that a dog owned by Ronald Frederichs, 393 Enchanted Drive, is hereby declared a "biting dog". Adopted by the City Council of the City of Andover this 7th day of September , 1993. CITY OF ANDOVER Attest: ;.~, r!ft/!!~~ .E. McKe vey - a or tL~ ¡/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R200-93 A RESOLUTION DENYING THE VARIANCE REQUEST OF CALLIE HEIL TO ORDINANCE NO. 10, SECTION 9.06A(2) WHICH REQUIRES 39,000 SQUARE FEET OF CONTIGUOUS LAND AREA TO BE BUILDABLE TO ALLOW FOR THE MOVEMENT OF AN INTERIOR LOT LINE ON THE PROPERTY LOCATED AT 1425 ANDOVER BOULEVARD NW, LEGALLY DESCRIBED BELOW. WHEREAS, Callie Heil has requested a 3,000 square foot variance to Ordinance No. 10, Section 9.06a(2) which requires 39,000 square feet of contiguous land area to be buildable on the property located at 1425 Andover Boulevard NW, legally described as follows: The south 660.00 feet of the west 330.00 feet of the east 530.00 feet of the Southwest Quarter of the Northwest Quarter of Section 26, Township 32, Range 24, Anoka county, Minnesota, and the west 50.00 feet of Lots 5 and 6, Block 4, HARTFIEL'S ESTATES, according to the recorded plat thereof, Anoka County, Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the requirements set forth in Ordinance No. 10, Section 9.06a(2); and WHEREAS, the Planning & zoning Commission recommends to the City Council approval of the variance request as it meets the criteria of Ordinance No. 10, Section 17.01. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby disagrees with the recommendation of the Planning & Zoning Commission and hereby denies the variance requested by Callie Heil to Ordinance No. 10, Section 9.06a(2). The Council finds that such a variance is purely economical in nature and would not be considered a hardship under the definition of hardship in the ordinance and State statutes and, therefore, denies the request. Adopted by the City Council of the City of Andover this 7th day of September, 1993. CITY OF ANDOVER ATTEST: or !L~ ¡fd£' victorla Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R201-93 A RESOLUTION ADOPTING THE CITY OF ANDOVER 1994 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR AND ESTABLISHING THE 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 appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the city to certify to the County Auditor a proposed tax levy and budget prior to September 15th. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 1994 property tax levy totaling $2,382,024.00, of which $1,892,448.00 is for general purposes and is levied against all taxable property within the City of Andover, $15,697.00 is levied against property located within the Lower Rum River Watershed Taxing District for the City of Andover's share of costs of this organization and $473,879.00 is for the repayment of bonded indebtedness as follows: $45,814.00 for the 1992 certificates of Indebtedness, $24,567.00 is for the 1989 Certificates of Indebtedness, $21,954.00 is for the 1990 Certificates of Indebtedness and $381,544.00 is for the 1991 Fire Station Bonds. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the preliminary General Fund budget as follows: ¡, II " Ii General Fund Revenue: Taxes $1,491,885 Licenses and Permits 287,855 Intergovernmental 714,594 Charges for Services 130,400 Fines and Forfeitures 37,000 Special Assessments 3,000 Miscellaneous 68,600 Transfers from Other Funds 95,000 Total Revenue $2,828,334 Expenditures: General Government $ 752,870 Public Safety 934,067 Public Works 708,450 Parks and Recreation 283,772 Recycling 40,115 Economic Development 22,160 Other Financing Uses 61,900 Contingency 25,000 Total Expenditures $2,828,334 Adopted by the City Council of the City of Andover this 7th day of September , 1993. CITY OF ANDOVER Ii ~. m~J(~ ATTEST: ~. E. MCKelvey - Mayor Lt-~ £¿¿ V1ctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 202-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 93-5 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF WINSLOW HILLS 3RD ADDITION . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 176-93 dated August 3, 1993, bids were (eceived, opened and tabulated according to law with results as follows: 1. C.W. Houle, Inc. $565,255.16 2. S.J. Louis Construction $581,017.90 3. Richard Knutson, Inc. $612,952.62 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 subject to the following: 1. Revised grading, drainage and erosion control plan. 2. An executed development agreement between the City and the developer. 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 $565.255.16 fo( 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 Perry and adopted by the City Council at a regular meeting this 7th day of September , 192i, with Councilmembers McKelvey, Dalien, Perry, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~. V1ctor1a Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 203-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER TO PROJECT NO. 93-2 FOR THE IMPROVEMENT OF PROJECT NO. 93-19 (RED OAKS MANOR WATERMAIN EXTENSION) & 93-14 (WOODLAND POND UTILITY AND STREET IMPROVEMENTS . WHEREAS, the City of Andover has a contract for Project No. 93-2, pinewood Estates 2nd Addition with Mille Lacs Contracting of Wahkon, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 93-2 for Project No. 93-19 & 93-14. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 7th day of September , 19 93 , with Councilmembers McKelvey, Knight, Dalien, Jacobson, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J£m~~ v . E. McKelv y - ayor iLk/ ¡~ Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 204-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO WOODLAND DEVELOPMENT CO. FOR PROJECT NO. 92-23 FOR THE IMPROVEMENT OF STREETS IN THE FOLLOWING AREA: ALONG AZTEC STREET NW FROM BLACKFOOT STREET NW TO 178TH LANE NW AND 178TH LANE NW EAST OF AZTEC STREET NW TO THE EXISTING PAVEMENT JUST WEST OF XENIA STREET NW . WHEREAS, pursuant to a written contract signed with the City of Andover on October 6 ,19~, woodland Development Co. of Anoka, MN has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED: 1. 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. 2. The developer provide a 1 year warranty on the construction of Project 92-23. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 7th day of September, 19 93 , with Councilmembers ~alien, McKelvey, Perry. Jacobson, Knight voting in favor of the resolution, and Councilmembers - none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: I E(MØeYv1te~or ~ W Victoria Volk - City Clerk Ii " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 205-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 93-11, EMERALD GLEN FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 149-93, adopted by the City Council on the 6th day of July , 19 93 , TKDA has prepared final plans and specifications for Project 93-11 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 7th day of September , 19 93 . 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 , Friday , October 1 , 19__93 at the Andover City Hall. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 7th day of september , 19 -21, with Councilmembers McKelvey, Knight, Dalien, Jacobson, Perry voting in favor of the resolution and Councilmembers none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: tJ. (!, m,j{~ (L_~ d¿ ¿;. E. McKelvey - M or Victor~a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 206-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER TO PROJECT NO. 91-5/91-16 FOR THE IMPROVEMENT OF STREET CONSTRUCTION IN THE AREA OF NJORDMARK DALE/159TH AVENUE NW . WHEREAS, the City of Andover has a contract for Project No. 91-5/91-16, with Bituminous Consulting and Contracting of Blaine, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 91-5/91-16. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 7th day of September , 19~, with Councilmembers Dalien, MCKelvey, Knight, Jacobson, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: a, t IlJe-- t:.1.~ ýð. E. Mc~elvey - yor Ú~ tlv& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 207-93 A RESOLUTION REQUESTING SPEED STUDY BY THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR COUNTY ROAD NO. 60 FROM CSAH 18 TO UNIVERSITY AVENUE. WHEREAS, the City Council has requested this speed study; and WHEREAS, residents along County Road No. 60 have been requesting Anoka County to do a speed study; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to request the Anoka County Highway Department to request a speed study to be done by MNDOT. Adopted by the City Council of the City of Andover this 7th , day of September , 19 93. CITY OF ANDOVER ATTEST: 1,/ !Æí~~~aYor ( ~¡/~ Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 208-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO KENKO, INC. FOR PROJECT NO. 92-4 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA: WINSLOW HILLS 2ND ADDITION . WHEREAS, pursuant to a written contract signed with the City of Andover on June 16 , 19 93, Kenko,Inc. of Minneapolis, 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 Perry and adopted by the City Council at a regular meeting this 7th day of September , 19 93 , with Councilmembers Palien, MCKelvey. Perry, Knight, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: , r $G ~á~ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 209-93 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. 92-10 , PHEASANT MEADOWS 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 $155,787.32, and the expenses incurred or to be incurred in the making of such improvement amount to $ 55,376.51 and work previously done amount to $ 50,510.85 so that the total cost of the improvement will be $ 263,674.68 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property OWilers is declared to be $ 263,674.68 . 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 1994, 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 Perry and adopted by the City Council at a regular meeting this 7th day of September, 1993 , with Councilmembers Dalien, MCKelvey, Jacobson, Knight, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ;.~ 14- ATTEST: ,~, h i:i: A J. E. M~Vey - yor ~ ¡/¿¿ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 210-93 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. 92-4 , WINSLOW HILLS 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 $543,414.89, and the expenses incurred or to be incurred in the making of such improvement amount to $ 164,019.76 and work previously done amount to $ 192,978.40 so that the total cost of the improvement will be $ 900,413.05 . 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 $ 21,188.02 the amount to be assessed against benefited property o~ners is declared to be $ 879,225.03 . 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 1994, 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 Perry and adopted by the City Council at a regular meeting this 7th day of September, 1993 , with Councilmembers Dalien, Knight, MCKelvey, Jacobson, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: rß { )Jk;(¿ ý.1J rLt-~ ¡/v-L1J . E. MCKelvey - M or Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 211-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *2 TO PROJECT NO. 93-2, PINEWOOD ESTATES 2ND ADDITION . WHEREAS, the City of Andover has a contract for project No. 93-2, Pinewood Estates 2nd Addition with Mille Lacs Contracting of Wahkon, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve change order 112 to Project No. 93-2. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 7th day of September , 19 93 , with Councilmernbers MCKelvey, Knight, Dalien, Jacobson, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Æ f. btrfi~" ~. E. McKe vey - ayor ~ i£¿U V~ctor~a Volk - City Clerk i I CITY OF ANDOVER COUNTy OF ANOKA STATE OF MINNESOTA RES. NO. 212-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO OLD IS GOLD CONSTRUCTION FOR PROJECT NO. 92-10 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA: PHEASANT MEADOWS . WHEREAS, pursuant to a written contract signed with the City of Andover on August 18 , 19 92, Old is Gold Construction of Andover, MN has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 7th day of September , 19 93 , with Councilmembers Dalien, McKelvey, Knight, Jacobson, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: /:,{ø&~~ . . E. MCKelvey Mayor L~ ({~ Victona Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 213-93 A RESOLUTION APPROVING THE REVISED GRADING, DRAINAGE AND EROSION CONTROL PLAN OF EMERALD GLEN AS BEING DEVELOPED BY ASHFORD AND SHAMROCK DEVELOPMENT CORPORATIONS IN SECTION 34, - TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised grading, drainage and erosion control plan; and WHEREAS, Resolution No. 148-93 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading, drainage and erosion control plan with a revision date of August 18, 1993. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading, drainage and erosion control plan. Adopted by the City Council of the City of Andover this 7th day of September , 19 93. CITY OF ANDOVER ATTEST: :11 [, J//Gk~~l . E. McKelvey - Mayo¿7 L,:¿/~ ðvLÞ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 214-93 A RESOLUTION APPROVING THE FINAL PLAT OF EMERALD GLEN AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION AND SHM!ROCK DEVELOPMENT CORPORATION IN SECTION 34-32-24. WHEREAS, the City Council approved the preliminary plat of Emerald Glen; and WHEREAS, the developer has presented the final ?lat of Emerald Glen; and WHEREAS, the City Engineer reviewed such plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of 3merald Glen contingent upon receipt of the following: 1. The City Attorney presents a favorable title opL1ion. 2. Security to cover legal, engineering, street sig:.1s 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 granding plan su'Jmitted and approved by the City. 4. The final plat is not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total cost for the improvements for the property {streets, utilities, etc.) and a contract for improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. 6 . Receipt of all necessary drainage and utility easements outside the plat. BE IT FURTHER RESOLVED citing the following: 1. Variance for Lots 6 & 7, Block 1 from Ordinance 10, Section 9.06(A) for frontage. 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 for t~e entire 19.434 acres which is to be determined by Ordinance 10, Section 9.07. Adopted by the City Council of the City of Andover this 7th day September , 1993. CITY OF ANDOVER ATTEST: ~c~~~~ ~0r td~d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STAT~ OF MINNESOTA RES. NO. 215-93 A RESOLUTION ORDERING CONDEMNATION FOR THE DRAINAGE EASEMENTS THAT ARE NECESSARY FOR DEVELOPED OR DEVELOPING PROPERTIES (EMERALD GLEN POND). WHEREAS, the City Council approves the condemnation subject to a meeting between the City Attorney, City Staff, the developer (Mr. Stanton) , and representatives from the City of Coon Rapids to discuss Outlot A; and 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 authorize the City Attorney to proceed with condemnation for the property known as Emerª1d Glen Pond. Adopted by the City Council of the City of Andover this 7th day of September , 19 93. CITY OF ANDOVER ATTEST: l:t;~ dæ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 216-93 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING THE REVISED GRADING, DRAINAGE AND EROSION CONTROL PLAN OF THE MEADOWS OF ROUND LAKE AS BEING DEVELOPED BY NEDEGAARD CONSTRUCTION COMPANY, INC. IN SECTIONS 29 AND 30, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised grading, drainage and erosion control plan; and WHEREAS, the City Council approves the revised grading, drainage and erosion control plan with a revision date of July 30, 1993. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading, drainage and erosion control plan. MOTION seconded by Councilmember Perry , and adopted by the City Council at a regular meeting this 7th day of September, 1921, with Councilmembers Dalien, McKelvey, Jacobson, Knight, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: Æ.~/{(~1:~~r ~ (£d; -- victor1a Volk - City Clerk C.L'l'Y V.i!' AWUUVJ::!;1< COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 217-93 MOTION by Councilmember .T;:¡¡""nh~nn to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN , FOR PROJECT NO. 93-19 , LOTS 8 AND 9, BLOCK 7, RED OAKS MANOR 4TH ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ -0- , and the expenses inc~rred or to be incurred in the making of such improvement amount to $ -0- and work previously done amount to $ -0- so that~e total cost of the improvement will be $ 3,939.44 per lot. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andove r , 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 benëITted property owners is declared to be $ 3,939.44 per lot. 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 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment reSolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 21st day of September, 1993 with Councilmembers McKelvey, Kniqht, Dalien. Jacoh~on, pprry voting in favor of the resolution, and Councilmembers Rone voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: " [, Þ'c-- '/ ~ t{æ j). E. McKelvey - c Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 218-93 MOTION by Councilmember J"assBÐoR to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN , FOR PROJECT NO. 93-15 , LOT 11, BLOCK 7, ANDOVER BOUNDARY COMMISSION PLAT 1. 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 $ -0- , and the expenses incurred or to be incurred in the making of such improvement amount to $ -0- and work previously done amount to $ -0- so that the total cost of the improvement will be $ 4,478.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andove r , 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 $ 4,478.00. 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 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 21st day of september, 1993 with Councilmembers Oalipn. M~Kplvpy, KnighT, .T;1~nhc:or' . Perry voting in favor of the resolution, and Councilmembers none: voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Vt {( i1£, J:. Q.~kl ¡,j;;~ ;£¿¿ ¿íð' E. McK vey - Ma~r victoria Volk - City Clerk Cl'l'Y UF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 219-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN AND SANITARY SEWER , FOR PROJECT NO. 92-30 , 1805 ANDOVER BOULEVARD N.W. . 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 $ -0- , and the expenses incurred or to be incurred in the making of such improvement amount to $ -0- and work previously done amount to $ -0- so that~he total cost of the improvement will be $ 6,383.40 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andove r , 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 $ 6,383.40 . 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 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 21st day of September, 1993 with Councilmembers Dalien. Knight. McKplvpy, .T",..,.,h<:rm perry . voting in favor of the resolution, and Councilmembers RORO voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ø- ~:, me ~1f$ l;tu'-'J ¡db . . E. McKelvey - M r Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 220-93 MOTION by Councilmember ~Tacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STORM SEWER, WATERMAIN, AND STREETS, PROJECT NO. 92-10 - , PHEASANT MEADOWS . 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 benefitted 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, 19 94 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 Perry and adopted by the City Council at a regular meeting this 21st day of September , 19~ with Councilmembers-Ð~lipn . PiPrry. J('n; ght. .McKal T.7ey, JaeoÐßoll voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: l r)1J~{fj~ E. McKeI ey - yor (L1~ ¿{;/¿ ---- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 221-93 MOTION by Councilmember ,Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STORM SEWER, WATERMAIN, AND STREETS, PROJECT NO. 92-4 , WINSLOW HILLS 2ND 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 l~nd therein included is hereby found to be benefitted 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, 19 94 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 Perry and adopted by the City Council at a regular meeting this 21st day of September , 1993 with Councilmembers Da1ien. Kniqht. Jacobson. Perrv. McKe1vev voting in favor of the resolution, and Councilmembers nnnp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ tf~ ""- Victoria volk - City Clerk CITY ;)F ANDOVER COUN'l'Y OF ANOKA STATE OF MINNESOTA RES. NO. 222-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER TO PROJECT NO. 93-6 FOR THE IMPROVEMENT OF WATERMAIN CONSTRUCTION IN THE AREA OF ROUND LAKE BLVD. AND BUNKER LAKE BLVD. WHEREAS, the City of Andover has a contract for Project No. 93-6, with Forest Lake Contracting, Inc. of Forest Lake, MN. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project NO. 93-6. MOTION seconded by Councilmember Perryn and adopted by the City Council at a regular meeting thi s 21st day of September , 19~, with Councilmembers Dalien, Jacobson, Knight, McKelvey, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (). r;. m6~~ (i1. E. McKelvey - /1:' or lL~ drl'b VictorIa Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 223-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDERS *1 & *2 TO PROJECT NO. 92-24 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF ANDOVER BOULEVARD . WHEREAS, the City of Andover has a contract for Project No. 92-24, with Mille Lacs Contracting of Wahkon, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve change orders *1 & *2 to Project No. 92-24. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular __ meeting this 21st day of September , 19~, with Councilmembers Dalien, McKelvey, Knight, Perry, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (J, (. Þ!t:-£f211 fð' E. MCKelvey - or L~ d¿¿ Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 224-93 A RESOLUTION APPOINTING TODD J. HAAS TO THE LOWER RUM RIVER WATER MANAGEMENT ORGANIZATION IN THE ABSENCE OF JAMES SCHRANTZ. WHEREAS, James Schrantz has been a member of the Lower Rum River Water Management Organization; and WHEREAS, James Schrantz has become temporarily disabled; and WHEREAS, it is necessary for the city to have a staff member as a member of the Lower Rum River Water Management Organization. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby appoints Todd J. Haas as the city's representative on the Lower Rum River Water Management Organization. BE IT FURTHER RESOLVED that Bruce Perry remain the alternate member on the LRRWMO. Adopted by the City Council of the City of Andover this 21st day of september , 1993. CITY OF ANDOVER Attest: I~. L.,~~ 1i!t'7 (. tf~ IiLJ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 225-93 MOTION by Councilmember Perry to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *1 TO PROJECT NO. 93-5 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF WINSLOW HILLS 3RD ADDITION . WHEREAS, the City of Andover has a contract for Project No. 93-5, with C.W. Houle, Inc. of Shoreview, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve change order #1 to project No. 93-5. MOTION seconded by Councilmember Dalien and adopted by the City Council at a regular meeting this 21st day of September , 19-2l, with Councilmembers Dalien, Jacobson, Knight, MCKelvey, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (), tz. h1¿){fil~ ¡~~ Y' E. McKelv y - or Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 226-93 A RESOLUTION APPROVING THE CITY OF ANDOVER ENTER INTO A CORPORATE MASTERCARD BUSINESSCARD AGREEMENT WITH NORWEST BANK IOWA, NATIONAL ASSOCIATION, DES MOINES, IOWA (BANK). WHEREAS, MasterCard Cards will be issued to the City of Andover authorizing the holders thereof to make purchases which constitute extensions of credit to the City of Andover by the Bank: and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover the following officers and/or employees shall be entitled to use such cards and make purchases thereon: Daryl E. Sulander and victoria Volk. Adopted by the City Council of the City of Andover this 21st day of September , 19 93. CITY OF ANDOVER ATTEST: (), ç @;;:~ ~¿{~ {!Y- E. McKe vey - Ma r Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R227-93 A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF DIRK FENNA TO CONSTRUCT A 40' x 60' ACCESSORY STRUCTURE (POLE BUILDING) PRIOR TO THE CONSTRUCTION OF A PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT 17395 HANSON BOULEVARD NW, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Dirk Fenna has requested a Special Use Permit to construct a 40' X 60' accessory structure (pole building) prior to the construction of a principal structure on the property legally described on Exhibit A; and WHEREAS, the Planning & zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Section 5.03, including: 1) the use will not be detrimental to the health, safety, morals, or general welfare of the community; 2 ) the use will not depreciate the surrounding property; 3) the use will not cause serious traffic congestion or hazards; 4 ) the use is in harmony with the comprehensive plan; and WHEREAS, The Commission finds the use meets the criteria of Ordinance No. 8, Section 4.05, Accessory Structures; and WHEREAS, a public hearing was held before the Planning and Zoning Commission on the request and there was no public opposition; 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 denies the the Special Use Permit request of Dirk Fenna to construct a 40' x 60' accessory structure (pole building) prior to the construction of a principal structure on said property and the reason for the denial is that Mr. Fenna has indicated he cannot meet the requirement of the construction of the principal structure within one (1 ) year of the approval of the Special Use Permit. Adopted by the City Council of the City of Andover on this 5 th day of October, 1993. CITY OF ANDOVEr: ATTEST: ~(g# Victoria Vo , City Clerk t~ ~= . .__~..G:,.,~. i I, ~~_.';;:~'7',:. . ! EXHIBIT A , , f That part of the west 560.00 feet of the Southwest Quarter of"~' Section 2, Township 32, Range 24, Anoka County, Minnesota, as ¡ measured along the north line thereof, lying southerly of the north i 578.00 feet thereof, as measured along the west line thereof, lying , easterly of the west 66.00 feet thereof, as measured at right . , angles to the west line thereof and lying northerly of the ,:=:;' following described line: Commencing at the southwest corner of the East Half of said Southwest Quarter; then North 0 degrees 00 minutes 25 seconds West, assumed bea;ing, along the west line of said East Half of the Southwest Quarter, a distance of 901.97 feet to the point of beginning of the line to be described; thence South 86 degrees 09 mintues 19 seconds West, a distance of 639.49 feet; thence southwesterly a distance of 397.44 feet along a curve not tangent to the last described line, said curve being concave to the northwest, having a radius of 437.06 feet, a central angle of 52 degrees 06 minutes 06 second and the chord of said C".Jrve bears South 28 degrees 29 minutes 14 seconds West; thence South 54 degrees 3 2 minutes 17 seconds West, tangent to said curve, a distance of 64.42 feet; thence southwesterly along a tangential C".Jrve, concave to the nårthwest, having a radius of 256.04 feet and a central angle of 51 degrees 50 minutes 48 seconds, a dist~~ce of 23l.69 feet; thence westerly along a reverse C"Jrve, concave to t~e south, having a radius 'of 466.02 feet, a central angle of 16 degrees 58 minutes 17 seconds, a distance of 138.04 feet; thence South 89 degrees 24 minutes 4Sseconds west, tangent to said curve, a distance of 16.38 feet to the east line of the west 66.00 feet of said Southwest Quarter, as measured at right angles to the west line thereof, and said line there terminating. Subjecc co che righc-of-~ay of Councy Scace Aid High~ay No. 78 per ANOKA COUNTY HIGHWAY RIGHT-OF-WAY NO. 23, according co che recorded piac chereof, Anoka Councy, Minnesoca. Subjecc co ocher valid easemencs, if any. I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 228-93 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WITTINGTON RIDGE AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, INC. IN SECTION 21 AND 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the planning and Zoning Commission has conducted a public hearing with some opposition, largely regarding the ecological aspects of the proposed preliminary plat of Wittington Ridge. 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 Lot 5, Block 3 for lot frontage from Ordinance 10, Section 9.06A3 as the lot does not meet the 300 feet at the building setback lines. 2. A variance be granted for Lot 5, Block 3 for lot area from Ordinance 10, Section 9.06A3 as the lot does not meet the minimum 108,900 square feet requirement. 3. Access be provided to the Sather property as recommended by the Andover Review Committee to allow the property to be subdivided in the future as required in Ordinance 10, Section 9.02B. 4. A variance from Ordinance 10, Section 8.04K as the developer did not make application for a Special Use Permit in conjunction with the preliminary plat. 5. The developer provide the City a revised preliminary plat and grading/drainage/erosion control plan that provides all information that is required in Ordinance 10 and other applicable ordinances and comply with the Water Resource Management Plan. The final plat is not to be approved until requirements are met. 6. The westerly temporary cul-de-sac (155th Lane NW) be removed and permanent cul-de-sac be constructed that meets requirements of Ordinance 10, Section 9.03G. 7. A variance from Ordinance 10, Section 9.03G as the length of the cul-de-sac exceeds the maximum allowed of 500 feet. 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 Coon Creek Watershed District, 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 Andover to hereby approve the preliminary plat of wittington Ridge. Adopted by the City Council of the City of Andover this 5th day of October , 19 93. CITY OF ANDOVER ATTEST: J? (: lJlr~~ ¡;;. E. McKe vey - ayor µ~d~ Vlctoria Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 229-93 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. 92-20 , WOODLAND CREEK 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 $262,140.08, and the expenses incurred or to be incurred in the making of such improvement amount to $ 92,717.90 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 354,857.98 . 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 $ 8,498.23 the amount to be assessed against benefited property owners is declared to be $346,359.75 . 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 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this ~h day of October, 1993 , with Councilmembers Knight, Per!y, Dalien, Jacobson, Perry voting in favor of the resolution, and councilmembeLs~lo~~~____ voting against, whereupon said resolution was declared passed. CITY OF ANDOVER .,"'" ; L Ilk i ~ . . . . E. McKelvey - M or ,~ t~d victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 230-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STORM SEWER, WATERMAIN, AND STREETS, PROJECT NO. 92-20 , WOODLAND CREEK 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 benefitted 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, 19 94 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may at any time 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 Perry and adopted by the City Council at a reg~lar meeting this 5th day of October ,1993 with Councilmembers Dalien, Knight, Jacobson, McKelvey, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER j, (llJC/;(¿~ ATTEST: ¿;t. E. McKelvey - . or 1Ú-~ dJ-/t Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 231-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF ANDOVER BOULEVARD NW , FOR PROJECT NO. 92-24 , SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN . 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 $ 319,381.63 and the expenses incurred or to be incurred in the making of such improvement amount to $ 113,903.76 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 433,285.39. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andove r , MN: 1- The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 249,628.39 and the amount of the cost to be assessed against beneIìted property owners is declared to be $ 93,874.18 . 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 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3, The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection L The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 5th day of October, 1993 with Councilmembers Dalien, McKelvey, Kniqht, Jacobson, Pe r r] voting in favor of the resolutior.., and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (). t J??1/ ~~~ Ú~ Jñf4 ¿íG' E. MéKe vey - M r Victor~a Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 232-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 92-24 . WHEREAS, by a resolution passed by the City Council on October 5 , 19 93 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 92-24; 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 19th day of October , in the City Hall at 7:50 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 Perry and adopted by the City Council at a regular Meeting this 5th day of October , 19~, with Councilmembers Dalien, McKelvey, Knight, Jacobson, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J 1. Mr, j{~ ¿)1' E. MCKeÍvey - ayor ~. .~ J, >/Aw' . ' Victorla v6i - City Clerk CITY 01' ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 233-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN, FOR PROJECT NO. 92-18 , JAY STREET 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 $ 111,645.98 and the expenses in~urred or to be incurred in the making of such improvement amount to $ 42,772.37 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 154,418.35. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andove r , 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 $ 154,418.35. 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 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4 . The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 5th day of October , 1993 with Councilmembers Dalien, MCKelvey, Knight, Jacobson, p e !~~y voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Q. t' ~/ Jr{~11t- ¡j~~ y' E. McKe vey - Ma v~ctor~a Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 234-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 92-18 . WHEREAS, by a resolution passed by the City Council on October 5 , 19 93 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 92-18 ; 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 2nd day of November , in the City Hall at 8:15 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 Perry and adopted by the City Council at a regular Meeting this 5th day of October , 19~, with Councilmembers McKelvey, Knight, Perry, Dalien, Jacobson .---- voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j), tV ~r ~~ {Y. E. MéKe vey - M r Ú~ tf,L¿ Victoria Volk - City Clerk CITY OE' ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 235-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN, FOR PROJECT NO. 92-29 , ECHO WOODS . THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $ 243,247.83 and the expenses incurred or to be incurred in the making of such improvement amount to $ 195,662.51 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 438,910.34. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andove r , MN: l. 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 $ 438,910.34. 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 in April 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4 . The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 5th day of October , 1993 with Councilmembers McKelvey, Dalien, Knight, Jacobson, !:~~~-~~-y--- voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J' l'!(l:df~o, ~tfd Victoria Volk - City Clerk CITY O~' ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 236-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM SEWER TRUNK AND LATERAL , FOR PROJECT NO. 89-18 , SE PART OF WATT'S GARDEN ACRES . THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the work has previously been done and a a contract has been entered into with the City of Coon Rapids for the construction of the improvements so that the total cost of the improvement will be $ 39,832.93. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $ 39,832.93. 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 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 5th day of October, 1993 with Councilmembers Knight, Dalien, MCKelvey, Jacobson, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared pas.'ò"d. CITY OF ANDOVER A'l'TEST: fJ t lllr id.~ (L~ Úb :/. E. MCKeÍvey - or V1ctor1a V01~ - City Clerk L:.l'!' Y Ut· J\l'J1JUV ~t( COUNTY OF ANOKA STATE OF MINNESOTA RES. NJ. 237-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 89-18 . WHEREAS, by a resolution passed by the City Council on October 5 , 19 93 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 89-18 ; 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 2nd day of November , in the Ci ty Hall at 8:05 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 pprry and adopted by the City Council at a regular Meeting this 5th day of October , 19-2.i, with Councilmembers Knight, McKelvey, Dalien, Jacobson, p~ 1~_~~~____ voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j), { ~;(~ [7. E. Me elvey - Ma Or I I~ ttd victor~a Volk - City Clerk CITY :JF ANDQVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 238-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 92-30 . WHEREAS, by a resolution passed by the City Council on September 21 , 19 93 , the city Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 92-30 ; 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 19th day of October, 1993 , in the City Hall at 7:35 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. MOTXON seconded by Councilmember Perry and adopted by the City Council at a regular Meeting this 5th day of October , 1993 , with Councilmembers McKelvey, Knigh~, Dalien, Jacobson, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß, f ø(¿¡(~~ lL,~) ()1. E. McKelvey - ayor tldt Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 239-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 93-15 . WHEREAS, by a resolution passed by the City Council on September 21 , 1993 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 93-15; 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 19th day of October, 1993 , in the City Hall at 7:40 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 ~he succeeding year. MOTION seconded by Councilmember ___Perry and adopted by the City Council at a regular Meeting this 5th day of October , 19~, with Councilmembers Knight, McKelvey, Dalien, Jacobson, Perrv voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: II (. ~~~ jJ1' E. McKe vey - Ma r d4£.MJ ¡/~ victoria Volk - City Clerk CITY OF ANlJUVJ:OK COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 240-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 93-19 . WHEREAS, by a resolution passed by the City Council on September 21 , 1993 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 93-19 ; 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: l. A hearing shall be held the 19th day of October, 1993 , in the City Hall at 7:45 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 1.aade before November 15 or interest will be charged through December 31 of the succeeding year. MOTiON seconded by Councilmember Perry and adopted by the City Council at a regular Meeting this 5th day of October , 1993 , with Councilmembers Knight, Dalien., MCKelvey, Jacobson, Pe r cv ---~----~- voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: V t ~~~ ~. E. MéKe vey - Ma r M~ j~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 241-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 93-11 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF EMERALD GLEN WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 205-93, dated September 7, 1993 , bids were received, opened and tabulated according to law with results as follows: 1. Inland Utility Construction $180,952.55 2. Annandale Contracting $181,145.59 3. Mille Lacs Contracting $189,339.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Inland Utility Construction as being the apparent low bidder contingent upon the following: 1. An executed development agreement and escrow requirement received by the City. 2. Recorded final plat of Emerald Glen. 3. A revised grading/drainage/erosion control plan acceptable to the City of Andover and Coon Creek Watershed District. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Inland Utility Construction the amount of $180,952.55 for constructlon 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 Perry and adopted by the City Council at a regular meeting this 5th day of October , 19~, with Councilmembers Dalien, Knight, MCKelvey, Jacobson, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 4· t à_:+:~~ ~. E. MCKelvey - M or A'rTEST: ¡J~ ¡t¿b. Vlctorla Volk - City Clerk \.,;J.'1"'J. V~· .t\.1.~uvVc..n COUNTY OF ANOKA STATE OF MINNESOTA RES. No. 242-93 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN AND SANITARY SEWER FOR 1805 ANDOVER BOULEVARD N.W. FOR IMPROVEMENT PROJECT 92-30 FOR CERTIFICATION. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of watermain and sanitary sewer for 1805 Andover Boulevard N.W. . 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 he 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, 1994 and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of this assessment:rësolution. To the first installment should be added interest on the entire assessment from the date of the resolution until December 31, 1994. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the, assessment to the County Audi tor, 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; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilmember. Jacobson and adopted by the City Council at a regular _ meeting this 19th day of October , 1993 , with Couùcilmembers Knight, McKelvey, Dalien, Jacobson, Perry voting in favor. of the resolution, and Councilmembers - - none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: a. r m¿'~,~~~ ¡l~t;¡,þj ¿C-IL/ ¿Y' E. McKe vey - a r V1ctor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. No. 243-93 MOTION by Councilmember per;:y to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN FOR LOT 11, BLOCK 7, ANDOVER BOUNDARY COMMISSION PLAT 1 FOR IMPROVEMENT PROJECT 93-15 FOR CERTIFICATION. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of watermain for Lot 11, Block 7, Andover Boundary Commission Plat 1 . 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 De payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before thefT"i:st Monday in January, 1994 and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of this assessment-rësolution. To the first installment should be added interest on the entire assessment from the date of the resolution until December 31, 1994. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 19th day of October , 1993 , with Councilmembers Knight, McKelvey, Dalien, Jacobson, Perry voting in favor of the resolution, and Councilmembers - - none voting against, whereupon said resolution was declared passed. ATTEST: í ¡J , ? / 1 ü.it~ ¿~ Victor1a Vol - City Clerk CIT>' OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. No. 244-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN FOR LOTS 8 & 9, BLOCK 7, RED OAKS MANOR 4TH ADDITION FOR IMPROVEMENT PROJECT 93-19 FOR CERTIFICATION. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of watermain for Lots 8 and 9, Block 7, Red Oaks Manor 4th Addition . 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, 1994 and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment should be added interest on the entire assessment from the date of the resolution until December 31, 1994. TO each subsequent installment when due shall be added interest-rër one year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such prop~rty, 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; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular__ meeting this 19th day of October , 1993 , with Councilmembers Knight, MCKelvey, Dalien, Jacobson, Perry voting in favor of the resolution, and Councilmembers___ none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 9' { ì7?& tLäJt ð. E. McKelvey - M r / - ~I d . . ·r IN ¿C/~~ ú~ú victor1a volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 245-93 MOTION by Councilmember Dalien to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, AND STORM SEWER ALONG ANDOVER BOULEVARD FOR IMPROVEMENT PROJECT 92-24 FOR CERTIFICATION. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of watermain, sanitary sewer and storm sewer along Andover Boulevard . 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-rIrst Monday in January, 1994 and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment should be added interest on the entire assessment from the date of the resolution until December 31, 1994. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 19th day of October , 1993 , with Councilmembers Knight, McKelvey, Perry. Jacobson, Dalien voting in favor of the resolution, and Councilmember - - none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: II ~, Yl!ú J(~~~ LLdg (J/. E. McKelvey - May r v Victoria VOlk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 246-93 MOTION by Councilmember Perry to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STORM DRAINS PROJECT NO. 93-21 , IN THE CEDAR CREST ESTATES, CEDAR CREST ESTATES 2ND ADDITION, VALLEY VIEW ESTATES AND VALLEY VIEW ESTATES 2ND ADDITION AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically storm drains in the following described area: Cedar Crest Estates, Cedar Crest Estates 2nd Addition, Valley View Estates and Valley View Estates 2nd Addition ; 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 Dalien and adopted by the City Council at a regular meeting this 19th day of _ October , 19 93 , with Councilmembers MCKelvey, Jacobson. Knight, Perry, Dalien voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Ç). r, ìr!", l!eJl~11 ATTEST: 6" E. MtKelvéy - M~or d~-t:~. ~ Victor1a Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R247-93 A RESOLUTION APPROVING THE AMENDED SPECIAL USE PERMIT REQUEST OF Q MIDWEST, INC. D.B.A. TOTAL MART TO INSTALL A 500 GALLON ABOVE GROUND STORAGE TANK FOR THE BULK STORAGE OF PROPANE ON THE PROPERTY LOCATED AT 13725 CROSSTOWN DRIVE NW (PIN 33-32-24-13- 0046), LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Q Midwest, Inc. d.b.a. Total Mart, has requested an Amended Special Use Permit to install a 500 gallon above ground storage tank for the bulk storage of propane on the property located at 13725 Crosstown Drive NW (PIN 33-32-24-13-0046), legally described on Exhibit A. WHEREAS, the Planning & zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 4.26; and WHEREAS, a public hearing was held and there was no public opposition to said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Amended Special Use Permit requested. NOW, THEREFORE, BE I'r RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission and approves the request of Q Midwest d.b.a. Total Mart to install a 500 gallon above ground storage tank for the bulk storage of propane on the property located at 13725 Crosstown Drive NW, legally described on Exhibit A with the following conditions: 1. The applicant shall provide to the City, in writing, proof that the tank meets all State requirements and installation requirements. 2. The Amended Special Use Permit will be subject to a sunset clause as defined in Ordinance No. 8, Section 5.03(D). 3. The Andover Fire Marshal inspect the tanks and their installation. 4 . The Amended Special Use Permit will be subject to annual review and site inspection. 5. The tank will be completely surrounded by concrete filled pillars. 6. The parking space shall be designated by signage and pavement markings "for propane tank use only". Page Two Resolution ASUP - propane Tank Q Mdwest dba Total Mart October 19, 1993 7. The western curb shall be painted yellow and "no parking" signs shall be installed. 8. The tank will be located 28 feet from the south property line. Adopted by the City Council of the City of Andover on this 19th day of October, 1993 CITY OF ANDOVER ATTEST: r {" / ,~;,,*~ //,.¿¿/ V1ctoria vôlk, City Clerk EXHIBIT A That part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at a point on the South line of said South Half 1536 feet West of the Southeast Corner thereof, thence North at right angles to said South line 227.84 feet (said South line having an assumed bearing West), thence North 30 degrees 09 minutes East 109.99 feet to intersect with a line drawn North 59 degrees 51 minutes West from point "A" said point "a" being on a line drawn perpendicular to said South line from a point 1426 feet West of the Southeast Corner of said South Half (as measured along said South line) and 291.15 feet North of said South line (as measured along said perpendicular line), thence North 59 degrees 51 minutes West to a point on the center line of CSAH No. 18 (Crosstown Drive NW) said paint being 302.97 feet from said point "All, thence South 30 degrees 37 minutes, 55 seconds West 515.22 feet to said line, thence East along said line to the point of beginning; Except that part thereof lying westerly of the existing centerline of CSAH No. 18; Except Roads; Subject to Easements of Record. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R248-93 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CLIFFORD MISTELSKE TO ALLOW FOR THE CONTINUED OPERATION OF A REPAIR GARAGE LOCATED AT 2134 BUNKER LAKE BOULEVARD NW (PIN 34-32-24-32-0005), LEGALLY DESCRIBED BELOW. WHEREAS, Clifford Mistelske has requested a Special Use Permit to allow for the continued operation of a repair garage on the property located at 2134 Bunker Lake Boulevard NW (PIN 34-32- 24-32-0005), legally describ~d as follows: The North 658 feet of the East 312.5 feet of the Northwest Quarter of the Southwest Quarter of section 34, Township 32, Range 24, Anoka County, Minnesota; Except Roads; 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 8, Sections 5.03 and 7.03; and WHEREAS, the Plannin~ and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occup3nts 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 Ir RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Clifford Mistelske to continue the operation of a repair garage on the above described property with the following conditions: 1. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No. 8, Section 5.03(D). 2. The special Use Permit will be subject to annual review and site inspection by City Staff. 3. The applicant shall secure a Hazardous Waste Generator's License from Anoka County and provide proof to the City. 4. The site shall h~ subject to meeting the requirements of Ordinance No. 8, Section 8.08, Parking. These requirements shall be met no later than May 1, 1994. 5. The building shall be inspected by the Andover Fire Marshal and Building Official for code compliance. page Two SUP - Repair Garage Clifford Mistelske 2134 Bunker Lake Boulevard ~W October 19, 1993 6. The whole Special Use Permit will be subject to Mr. M.R. Olson providing to the City a certified affidavit of his use of the property since his ownership of that portion of the property. 7. The repair garage shall be limited to two stalls. 8. Repair shall be limited to vehicles up to 2.5 tons in size subject to Mr. Olson's affidavit. Adopted by the city Council of the City of Andover on this 19th day of October, 1993. CITY OF A~DOVER ATTEST: () ~ 1J7 6 ir!l1fj' fl' E. McKelvey, yor { . , ¡ ~ - -. " f jµ.k/ {Jrr!l0 Victoria Volk, City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R249-93 A RESOLUTION GIVING SPECIAL ACKNOWLEDGMENT TO JOHN KUNZA AND CROOKED LAKE TIRE TO ALLOW THE CONTINUED OPERATION OF A TIRE SERVICING BUSINESS ON THE PROPERTY LOCATED AT 2814 134TH AVENUE NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 4, LUNDGREN OAKRIDGE ADDITION. WHEREAS, John Kunza has operated a commercial business (tire servicing business) known as "Crooked Lake Tire" for seventeen years in an R-4, Single Family Rural District on the property located at 2814 134th Avenue NW, Legally described as Lot 1, Block 4, Lundgren Oakridge Addition; and WHEREAS, the City has acknowledged the presence of Mr. Kunza and Crooked Lake Tire by utilizing the services of Mr. Kunza; and WHEREAS, the City will allow Mr. Kunza to continue to operate Crooked Lake Tire on the above legally described property with the following conditions: 1. Mr. Kunza will not be allowed to expand his operation in any manne r . 2. The operation shall be limited to the servicing of tires only. 3. The number of vehicles being serviced on the premises shall not exceed two vehilces at any given time. 4. If the property is sold or the operation is discontinued for one year the property shall be brought into conformance with all applicable City Ordinances. 5. The provisions of Ordinance No. 8, Section 4.30 shall be met in regard to the number of employees, vehicles and parking. 6. The permission to continue the business operation has been given solely to Mr. John Kunza and will be null and void upon his death or departure from the business. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby allows Mr. Kunza to continue the operation of Crooked Lake Tire on the property located at 2814 134th Avenue NW, Legally described as Lot 1, Block 4, Lundgren Oakridge Addition with the conditions as stated above. Adopted by the City Council of the City of Andover this ~ day of October, 1993. CNY ~OF AND)(L ATT~ß?: ~ #' ~, Ylle- ~ I' E. McKelvey, M or , /k/;;"J l,¿'¿ Victortá Vo , City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R250-93 Motion by Councilmember Knight to adopt the following: A RESOLUTION AUTHORIZING THE PURCHASE OF DEFIBRILLATION EQUIPMENT FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R074-90 established a Permanent Improvement Revolving Fund containing a Capital Improvement Account designed to fund capital equipment expenditures; and WHEREAS, the City has one defibrillator at Fire Station *1 and needs to equip Stations #2 and *3 with defibrillators to reduce emergency medical response time to those areas of the city. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Andover hereby authorizes the expenditure of $13,000 plus sales tax and shipping charges from the Permanent Improvement Revolving Fund Capital Improvement Account for the purchase of two defibrillators. MOTION seconded by councilmember Jacobson and adopted by the City Council at a regular meeting thi s 19th day of October , 1921 with Councilmernbers Dalien, Knight, McKelvey, Perry, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: ¡) { ?lkt;~ u. E. McKe vey, May c /" d~~ i0> Victorla volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 251-93 "OTION by Councilmember Knight to adopt the following: A RESOLUTION RECEIVING ASSESSMENT ROLL FOR THE IMPROVEMENT FOR PROJECT NO. - 92-29 . WHEREAS, by a resolution passed by the City Council on October 5, , 19 93 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project NO. 92-29 ; and WHEREAS, the Clerk has notified the Council that 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. 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. ') 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 9f April, 1994 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date " payment to the City Treasurer. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 19th day of October , 19 93 , with Councilmembers Dalien, Perry, McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Ît;:wd" ¡;"u'/~' C, . .¿/"/ Vlctoria Volk - City Clerk CITY OF ANDOVER COU"ITY OF ANOKA STATE OF MINNESOTA RES. NO. 252-93 MOTION by councilmember ~}ght to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STORM SEWER, WATERMAIN, AND STREETS, PROJECT NO. 92-29, ECHO WOODS .- WHEREAS, pursuant to proper notice duly given to the developer, the developer has waived the assessment hearing and the right to appeal. 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 benefitted by the prop)sed 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, 19 94 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 19th day of October , 1993 with Councilmembers Dalien, Perry, McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilm~mbers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f' . ,.. -/-. . ¡( ¿/. ,/A/I/'ú144L/' ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. N;). 253-93 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATER AREA CHARGES , FOR PROJECT NO. 93-22 , SECTION 23 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 $ -0- , and the expenses incurred or to be incurred in the making of such improvement amount to $ -0- and work previously done amount to $ -0- so that the total cost of the improvement will be $27,600.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andove r, 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 $27,600.00. 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 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 19th day of October , 1993 with Councilmembers McKelvey, Perry, Jacobson, Dalien, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER NrTEST: 4-1;-~ lid V~ctor~a volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 254-93 JTION by Councilmember Knight to adopt the following: A RESOLUTION RECEIVING ASSESSMENT ROLL FOR THE IMPROVEMENT FOR PROJECT NO. - 93-22 . WHEREAS, by a resolution passed by the City Council on October 19 , 19 93 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 93-22 ; and WHEREAS, the Clerk has notified the Council that 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- Pursuant to proper notice duly given to the developer, the developer has waived the assessment hearing and the right to appeal. 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, 1994 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner 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. JTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 19th day of October , 19 93 , with Councilmembers Perry, Dalien. McKelvey, Jacobson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: { ~,ì7Jf;J.!~ ll~z{;;;µ ú¿/ A. E. MéKe vey - M or v Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 255-93 MOTION by Councilmember _____Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STORM SEWER, WATERMAIN, AND STREETS, PROJECT NO. 93-22, SANITARY SEWER AND WATER AREA CHARGES - . WHEREAS, pursuant to proper notice duly given to the developer, the developer has waived the assessment hearing and the right to appeal. 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 benefitted 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, 19 94 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting thi s 19th day of October . 1993 with Councilmembers Dalien, Jacobson, MCKelvey, Knight, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J' t )?J~)(L/ --- . . E. MCKelvey - ~yor J ~.. tW/J /../J/' 7:f-J'J ..?" -..- Vlctorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 256-93 MOTION by Councilmember Perry 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 and heard and passed upon all objections to the proposed assessment for the delinquent sewer, water and/or street light service charges. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 1994 and shall bear interest at the rate of 8 percent per year. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole 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 Dalien and adopted by the City Council at a regular meeting this 2nd day of November, 19....2l ' with Councilmembers McKelvey, Jacobson, Knight, Perry, Dalien voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f), ~, hJ~ /k~~ ?y' E. McKelvey - yor !L~ 14/ victor~a Volk - City Clerk CITY OT ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 257-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF DELINQUENT MOWING CHARGES . 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 one equal annual installment to be payable on or before the first Monday in January, 1994 and shall bear interest at the rate of 8 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 Perry and adopted by the City Council at a regular Meeting this 2nd day of November , 1993 , with Councilmembers Dalien, Knight, Perry, Jacobson, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (),q'h'k~ (7' E. McKelve - M or Ir~ (/fb Victor1a Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R258-93 A RESOLUTION RESCINDING RESOLUTION NO. 233-93 DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR 92-18. WHEREAS, Resolution No. 233-93 was adopted by the City Council on October 5, 1993, declaring the cost and directing preparation of assessment roll for project 92-18; and WHEREAS, the cost of such improvement was shown incorrectly on the resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby rescind Resolution No. 233-93. Adopted by the City Council of the City of Andover this 2nd day of November , 1993. CITY OF ANDOVER Attest: 4· t mc-)G~ pØ.E. McKelvey - ayor ~"ð#: VJ.ctoili Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 259-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET & STORM DRAIN , FOR PROJECT NO. 92-18 , JAY STREET 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 $ 111,645.98 and the expenses incurred or to be incurred in the making of such improvement amount to $ 86,105.02 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 197,751.30. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andove r , MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 22,141.36 and the amount of the cost to be assessed against benefited property owners is declared to be $ 175,609.64. 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 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the prop~r 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 Perry and adopted by the City Council at a regular meeting this 2nd day of November, 19~, with Councilmembers Knight, DalieÌ'l, MCKelvey, Jacobson, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j' EÇ'Mc1f¡t:f!~r /iL;~ ¡f~ Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R260-93 A RESOLUTION RESCINDING RESOLUTION NO. 093-93 DEFERRING SPECIAL ASSESSMENTS ON PROPERTY OWNER BY KURT W. HURST AND SUSAN D. HURST. WHEREAS, property owned by Kurt W. Hurst and Susan D. Hurst is proposed to be assessed under Projects 92-10 and 89-18; and WHEREAS, Resolution No. 093-93 provided for the deferment of said special assessments; and WHEREAS, Kurt W. and Susan D. Hurst have agreed with the special assessments proposed for their property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to rescind Resolution No. 093-93. Adopted by the City Council of the City of Andover this 2nd day of November , 1993. CITY OF ANDOVER Attest: J.~~ Mc~rv1:~or ~¿/~ V1ctoria Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 261-93 MOTION by councilmember Jacobson to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STORM DRAINS , PROJECT NO. 93-21 IN THE CEDAR CREST ESTATES, CEDAR CREST ESTATES 2ND ADDITION, VALLEY VIEW ESTATES AND VALLEY VIEW ESTATES 2ND ADDITION AREA. WHEREAS, pursuant to Resolution No. , adopted the 19th day of october , 19 93 , a Feasibility Report has been prepared by TKDA for the improvements; and WHEREAS, such report was received by the City Council on the 2nd day of November , 19 93 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 79,426.31 . 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. 93-21 , 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 $ 79,426.31 . 3 . A public hearing shall be held on such proposed improvement on the 7th day of December , 19 93 in the Council Chambers of tfie City Hall at 7:30 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Dalien and adopted by the City Council at a regular meeting this 2nd day of November , 19 93 , with Councilmembers Dalien, Jacobson, Perry, Knight, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j). f )7\ J:~ fð. E. McKe vey - yor µ~ ¡;/¿b V1ctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 262-93 A RESOLUTION ESTABLISHING THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION AND THE COON CREEK WATERSHED DISTRICT AS THE LOCAL GOVERNMENT UNIT (LGU) TO REGULATE THE 1991 WETLAND CONSERVATION ACT PERMANENT PROGRAM. WHEREAS, the interim rules expire on December 31, 1993 and permanent rules must be administered by the LGU's by January 1, 1994. NOW, THEREFORE, BE IT RESOLVED that the LRRWMO and CCWD administer the 1991 Wetland Conse=vation Act Permanent Program. Adopted by the City Council of the City of Andover this 2nd day of November , 19 93. CITY OF ANDOVER ATTEST: If r Þlv ~4 ~ ;/,.4ú ~. E. McKelvey - ayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. R 263-93 A RESOLUTION APPROVING THE 1994 LAW ENFORCEMENT CONTRACT BY AND BETWEEN THE COUNTY OF ANOKA, THE ANOKA COUNTY SHERIFF AND THE CITY OF ANDOVER. WHEREAS, the City of Andover is desirous of entering into a contract with the County of Anoka, through the Office of the County Sheriff, for the performance of the law enforcement functions defined in the contract attached and incorporated herein; and WHEREAS, the County of Anoka is agreeable to rendering such services and law enforcement functions on the terms and conditions set forth within the contract; and WHEREAS, such contracts are authorized and provided for by M.S. Sec. 471.59 and M.S. Sec. 436.05; NOW, THEREFORE, BE IT RESOLV8D by the City Council of the City of Andover to hereby authorize the Mayor and City Clerk to enter into the agreement for law enforcement services with the County of Anoka and the Anoka County Sheriff herein attached. Adopted by the City Council of the City of Andover this 2nd day of November , 1993. CITY OF ANDOVER ATTEST: () f {?41f4 iL,-t~~ d¿¿ ~. E. McKe vey - yor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R264 -93 A RESOLUTION APPROVING THE CONTRACT BY AND BETWEEN THE CITY OF ANDOVER AND ANOKA-HENNEPIN SCHOOL DISTRICT NO. 11 FOR SCHOOL LIAISON AND D.A.R.E. OFFICER SERVICES FOR THE 1993-1994 SCHOOL YEAR. WHEREAS, the City of Andover is desirous of entering into a contract with Anoka-Hennepin School District No. 11 for the Police Liaison and D.A.R.E. Officer Program at Andover and Crooked Lake elementary schools for the 1993-1994 school year; and WHEREAS, Anoka-Hennepin School District No. 11 is agreeable to participating in said program; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby authorize the Þlayor and City Clerk to enter into the agreement for Police Liaison and D.A.R.E. Officer services with Anoka- Hennepin School District No. 11 for the 1993-1994 school year. Adopted by the City Council of the City of Andover this 2nd day of November , 1993. - CITY OF ANDOVER ATTEST: [J, [', Þlfv ;¿~ j" I~ ¡11' E. McKe vey - or L%~~ !¿ . Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 265-93 A RESOLUTION APPROVING THE REVISED GRADING AND DRAINAGE PLAN OF PINEWOOD ESTATES 2ND ADDITION AS BEING DEVELOPED BY CONTINENTAL DEVELOPMENT CORPORATION IN SECTION 27, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised grading and drainage plan; and WHEREAS, Resolution No. 089-92 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading and drainage plan with a revision date of October 27, 1993 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading and drainage plan. Adopted by the City Council of the City of Andover this 2nd day of November , 19 93. CITY OF ANDOVER ATTEST: Ct. JJJv ;¡;~ ~ ¡j,¿L/ ~. E. MCKelvey - ayor Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 266-93 A RESOLUTION APPROVING THE REVISED GRADING AND DRAINAGE PLAN OF LEEMAN LAKE ESTATES AS BEING DEVELOPED BY DAN CHRISTENSEN IN SECTION 12, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised grading and drainage plan; and WHEREAS, Resolution No. 111-92 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading and drainage plan with a revision date of October 25, 1993 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading and drainage plan. Adopted by the City Council of the City of Andover this 2nd day of November , 19 93. CITY OF ANDOVER ATTEST: j' ~, RIG- %~~ . E. McKelvey - ayor &~/~ Victoria Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 267-93 A RESOLUTION APPROVING THE REVISED GRADING AND DRAINAGE PLAN OF HIDDEN CREEK EAST 5TH ADDITION AS BEING DEVELOPED BY GOOD VALUE HOMES, INC. IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised grading and drainage plan; and WHEREAS, the City Council approves the revised grading and drainage plan with a revision date of October 15, 1993 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading and drainage plan. Aàopted by the City Council of the City of Andover this 2nd day of November , 19 ,93. CITY OF ANDOVER ATTEST: Il'M¿;¿~!Í~aYor ¡L;:t~ idJ Victor1a VO~k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 268-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO C.W. HOULE, INC. FOR PROJECT NO. 92-18 & 92-29 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA: JAY STREET NW (WATT'S GARDEN ACRES) AND ECHO WOODS . WHEREAS, pursuant to a written contract signed with the City of Andover on April 20 , 19 93, C.W. Houle, Inc. of Shoreview, MN has satisfactorily completed the construction in - accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 2nd day of November , 19 93 , with Councilmembers McKelvey, Perry, Dalien, Jacobson, Knight voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (j, r: ?lB~;¿~ ~ ¡!db fð' E. McKe vey - or Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 269-93 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 LIGHTING , PROJECT NO. 93-8 IN THE WOODLAND MEADOWS AREA. WHEREAS, the City Council has received a petition, dated october 13 , 19 93 , requesting the construction of improvements; 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 AEC and they are 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 2nd day of November , 19 93 , with Councilmembers Dalien, MCKelvey, Perry, Knight, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Q. tz. @[/ !(¡~ I' E. McKe vey - M or d~jf~ J~ V~ctor~a Vol - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 270-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER TO PROJECT NO. 93-6 FOR THE IMPROVEMENT WATERMAIN CONSTRUCTION IN THE AREA ALONG ROUND LAKE BOULEVARD FROM 133RD AVENUE NW TO 140TH LANE NW. WHEREAS, the City of Andover has a contract for Project No. 93-6, with the County of Anoka. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order 112 to Project No. 93-6. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 2nd day of November , 19 93 , with Councilmembers Dalien, McKelvey, Perry, Knight, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: f' E~' Mc!fe~1fß1)ayor iffA-J Jif V1ctoria Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 271-93 MOTION by Councilmember Perry to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM DRAINAGE FOR IMPROVEMENT PROJECT 89-18 FOR CERTIFICATION. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of storm drainage . 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, 1994 and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment should be added interest on the entire assessment from the date of the ì resolution until December 31, 1994. To each subsequent installment when due shall be added interest for-oñe year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting thi s 16th day of November , 19-2l, with Councilmembers Jacobson, Da1ien, McKelvey, Perry, Knight voting in favor of the resolution, and Councilmembers - none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~ ATTEST: #' r¡, Þ7~~~ 1 { f. . E. McKel ve - MaYfr (uÁ;z';;~ ¿~ V1ctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 272-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STORM SEWER, WATERMAIN AND STREETS FOR IMPROVEMENT PROJECT 92-18 FOR CERTIFICATION. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of sanitary sewer, storm sewer, watermain and streets . 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, 1994 and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment should be added interest on the entire assessment from the date of the resolution until December 31, 1993. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3 . The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 16th day of November , 19~, with Councilmembers Dalien, Knight, Perry, Jacobson, MCKelvey voting in favor of the resolution, and Councilmembers - none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 9. rh?~ ~~ Ú,MJ dræ ¿J. E. McKelvey - Ma or victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R273-93 A RESOLUTION ORDERING PREPARATION OF AN ENVIRONMENTAL WORKSHEET ON mE PROJECT KNOWN AS CROWN POINTE EAST AND CROWN POINTE WEST. WHEREAS, the City Council has expressed concern regarding environmental effects that Crown Pointe East and Crown Pointe West may have on the parcel; and WHEREAS, the rezoning of the property should be based on the outcome of an environmental study. NOW, THEREFORE, BE IT RESOLVED that the City Council direct staff to prepare an Environmental Assessment Worksheet on the project known as Crown Pointe East and Crown Pointe West and return it to the City Council following the Planning and Zoning Commission discussion. Adopted by the City Council of the City of Andover this 16th day of November , 1993. CITY OF ANDOVER Attest: t' f. Ô1eJ(~ J. . McKelvey - Mayor i~¿,-" d~¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R274-93 A RESOLUTION GRANTING THE VARIANCE REQUEST OF TONY EMMERICH CONSTRUCTION, INC. TO ORDINANCE NO. 8, SECTION 6.02 WHICH REQUIRES A FIFTY (50' ) FOOT SETBACK FROM A MAJOR ARTERIAL TO ALLOW FOR THE CONSTRUCTION OF AN ADDITION TO A SINGLE FAMILY RESIDENCE ENCROACHING 11.4 FEET INTO THE REQUIRED SETBACK ON THE PROPERTY LOCATED AT 1433 161ST AVENUE NW, LEGALLY DESCRIBED BELOW. WHEREAS, Tony Emmerich Construction, Inc. 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 an addition to a single family residence encroaching 11.4 feet into the required setback on the property legally described as follows: The East 300.55 feet of the West 1115.55 feet of the South 776.19 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 HIGHWAY RIGHT OF WAY PLAT NO. 20; 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 in that a hardship exists due to practical difficulties which would preclude the property owner reasonable use of the property, caused by the county's widening of County Road No. 20; and WHEREAS, the Planning & zoning Commission recommends to the City Council approval of the variance request as it meets the criteria of Ordinance No. 8, Section 5.04. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & Zoning Commission and hereby approves the variance requested by Tony Emmerich Construction, Inc. to Ordinance No. 8, Section 6.02 which requires a fifty (50' ) foot setback from a major arterial to allow for the construction of an addition to a single family residence encroaching 11.4 feet into the required setback on the property legally described above. Adopted by the City Council of the City of Andover this 16th day of November, 1993. CITY OF ANDOVER ATTEST: J. 1:. )?1e- ~~ . E. McKelvey, Ma r ~¿(æ City Clerk Victoria Volk, CI'rY OF ANDOVER COUNTY OF ANOKA STAT€ OF MINNESOTA RES. NO. R2 7 5-93 A RESOLUTION AMENDING THE 1993 GENERAL FUND, PERMANENT IMPROVEMENT REVOLVING FUND, WATER FUND, SEWER FUND AND CENTRAL EQUIPMENT FUND BUDGETS. WHEREAS, the City Council of the City of Andover bas adopted Resolution Numbers R220-92 and R227-92 which established the 1993 budgets for the General and Enterprise Funds respectively; and WHEREAS, the City Council of the City of Andover has adopted Resolution Numbers R016-93 and R186-93 amending the 1993 budgets for these funds; and WHEREAS, the City Council has taken action to reallocate the distribution of resources between the operating departments within the adopted budgets, and recognizes the additional permit revenue from the greater than expected new home construction; and WHEREAS, the city Council of the city of Andover deems it necessary to amend the adopted budgets so that financial reports properly state the effects of these actions. NOW THEREFORE, BE IT RE30LVED by the City Council of the City of Andover that the 1993 budgets for the General Fund, Permanent Improvement Revolving Fund, Water Fund, Sewer Fund and Central Equipment Fund are hereby amended as shown on Attachment A. Adopted by the City council of the City of Andover this 16th day of November , 1993. CITY OF ANDOVER ATTEST: (). ~,~¿J(Jv¥y ¿Y' E. MCKelvey - or U~ ¡;!;./ß V1ctor1a Volk - City Clerk ATTACHMENT A GENERAL FUND AMENDMENTS ======================= Increase Increase (Decrease) (Decrease) in in Amendment Purpose Revenue Expenditures 1. New Construction Permit Revenue: Building Permits......;........ $ 15,123 Heating Permits................ 5,900 plumbing Permits............... 15,900 septic Systems................. 1,350 Sanitary Sewer Permits......... 3,500 Certificate of Occupancy....... 700 plan Check Fees................ 5,000 Subtotal $ 47,473 2. Personal Services Adjustments: Finance: Salaries.................... . $ 2,650 PERA.................,....... . 120 FICA/Medicare. . . . . . . . . . . . . . . . 203 Planning: Salaries.................... . 200 City Hall Building: Salaries. . . . . . . . . . . . . . . . . . . . . 150 Public Works Building: Salaries.................... . 2,600 PERA........................ . 120 FICA/Medicare. . . . . . . .. . . . . . . . 200 Protective Inspections: Salaries.................... . 9,800 PERA........................ . 440 FICA/Medicare............... . 750 Health Insurance............. 2,400 Streets and Highways: Salaries.................... . 300 Economic Development: Salaries. . . . . . . . . . . . . . . . . . . . . 3,300 PERA............................................... .. 150 FICA/Medicare. . . . . . . ." . . . . . . . 255 Subtotal $23,638 ATTACHMENT A (Cont'd) GENERAL FUND AMENDMENTS ======================= Increase Increase (Decrease) (Decrease) in in Amendment Purpose Revenue Expenditures - 3. Office Equipment/Furniture: Administration File Cabinets... $ 800 Finance Shelving and Cabinet... 600 City Hall Garage Shelves....... 100 Engineering File Cabinet....... 300 Protective Inspections Desk.... 600 City Council Chairs............ 2,500 Photocopier.................... 11,200 subtotal $16,100 4 . Building Repairs: city Hall: Repair/Maint Supplies... $ 750 Repair/Maint Labor.. .... 300 Fire Stations: Repair/Maint Supplies... 1,400 Public Works: Repair/Maint Suppli~s... 800 Repair/Maint Labor...... 1,000 Contractual Services.... 750 subtotal $ 5,000 5. Recycling: Grants. . . . . . . . . . . . . . . . . " . . . 5,700 Contractual Services....... 5,700 6. Contingency.................. 2,735 Total General Fund $ 53,173 $ 53,173 --------- --------- --------- --------- ATTACHMENT A (Con't) WA TER F'UND AMENDMENTS ======~==~============ Increase Increase (Decrease) (Decrease) in in Amendment Purpose Revenue Expenditures --- 1. Personal services Adjustments: Salaries................... . $ $ 18,000 PERA....................... . 800 FICA/Medicare...... ......... 1,375 2. Contingency.................... (20,175) Total Water Fund -0- -0- ==:======== ========== SEWER FUND AMENDMENTS =====~================ Increase Increase (Decrease) (Decrease) in in Amendment Purpose Revenue Expenditures 1. Personal Services Adjustments: Salaries..............".... . $ $(18,000) PERA....................... . (800) FICA/Medicare. . . . . . . . ',' . . . . . (1,375) 2. Contingency. . . . . . . . . . . . . . . . . . . . 20,175 Total Sewer Fund -0- -0- ========== --------- --------- ATTACHMENT A (Con't) PERMANENT IMPROVEMEN'T REVOLVING FUND ADJUSTMENTS ====================~=========================== Increase Increase (Decrease) (Decrease) in in Amendment purpose Revenue Expenditures -" 1. Equipment Purchases: Accu-vote Voting Machine.. $ $ 6,765 Asset/Inventory System.... 4,945 pothole Patcher/Mounting Equipment for Unit 180.. 45,000 Defibrillators............ 13,845 2. Public Improvements: Storm Sewer at 177th and Blackfoot: Engineering........... 3,000 Construction.......... 19,500 3. Revenue: Assessment principal-City.. 31,000 Assessment Principal-County 32,055 Interest Earned............ 30,000 Total P.I.R. Fund $93,055 $93,055 ---------- --------- ---------- --------- CENTRAL EQITIPMENT FUND ADJUSTMENTS ================================== Increase Increase (Decrease) (Decrease) in in Amendment Purpose Revenue Expenditures 1. Personal Services: Salary. . . . . . . . . . . . . . . . . . . . . . $ 3,450 PERA....................... . 155 FICA/Medicare.............. . 265 2. Supplies and Materials: Operating Supplies.......... 3,600 Repair/Maint. Supplies. . . . . . 600 Small Tools.......... .'...... 1,500 3. Other Services & Charges: Repair/Maint Labor Vehicles. 6,100 Contractual Services........ 350 Inspection/Emissions Tests.. 100 Dues/Registrations.......... 100 4 . Contingency.................. . 12,166 5. Equipment Rental Charges...... 28,386 Total Central Equipment Fund $28,386 $28,386 ========== --------- --------- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R276-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DISCONTINUING PROJECT 93-21, CEDAR CREST STORM DRAINAGE IMPROVEMENT. WHEREAS, the City Council ordered a feasibility study to determine the need for storm drainage improvement in the area of Cedar Crest Estates; and WHEREAS, a public hearing was held on said improvement; and WHEREAS, the affected property owners objected to the improvement project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby discontinues the proposed storm drainage construction Project 93-21. BE IT FURTHER RESOLVED that the city continue the practice of pumping the pond as needed. MOTION seconded by Councilmember Dalien with Councilmembers McKelvey, Knight, Perry, Jacobson, Dalien voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: rß [: m.):;1~/ .E. McKelvey - ayor iLtn-ÜJ it¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 277-93 A RESOLUTION ESTABLISHING THE 1994 WATER FUND, SEWER FUND, PERMANENT IMPROVEMENT REVOLVING FUND AND CENTRAL EQUIPMENT FUND BUDGETS. WHEREAS, the City of Andover Water, Sewer and Central Equipment Funds are primarily supported by user fees; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the use of these fees; and Whereas, the Permanent Improvement Revolving Fund was established to provide for the acquisition of equipment or financing of improvement projects deemed appropriate by the City Council; and WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial management for planning and monitoring financial condition; and WHEREAS, the Finance Director will return at the end of the year with the capital transfer amount to the Water Trunk Fund. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby establishes the 1994 budgets for the Water Fund, Sewer Fund, Permanent Improvement Revolving Fund and Central Equipment Funds as shown on Attachment A. CITY OF ANDOVER ATTEST: ' t. )"'c- .E. McKelvey Mayor ( Liz' á-tL Á- ~ Victoria Volk - City Clerk ATTACHMENT A CITY OF ANDOVER 1994 WATER, SEWER, CENTRAL EQUIPMENT AND PERMANENT IMPROVEMENT REVOLVING FUND SUMMARY BUDGETS WATER FUND Revenues: Expenses: Water Sales $332,000 Source, Storage and Treatment $119,150 Permits 18,000 Distribution 169,625 Meters 42,000 Administration 117,225 Interest 14,000 Total Revenue $406,000 $406,000 -------- -------- -------- -------- SEWER FUND Revenues: Expenses: Sewer Charges $563,300 Collection $503,650 Interest 6,000 Administration 58,520 Transfer from Transfer to Debt Sewer Trunk Fund 30,500 Service Fund 37,630 Total Revenue $599,800 $599,800 -------- -------- -------- -------- CENTRAL EQUIPMENT FUND Revenues: Expenses: Equipment Rentals $166,770 Equipment Maintenance $134,560 Interest 2,000 Insurance 18,500 Capital Outlay 15,710 Total Revenue $168,770 $168,770 ======== -------- -------- PERMANENT IMPROVEMENT REVOLVING FUND Revenues: Expenses: Special Assessments $132,135 Improvements $ 37,000 Interest 30,000 Office Equipment 11,715 Capital Equipment 113,420 Total Revenue $162,135 $162,135 -------- -------- -------- -------- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 278-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *2 TO PROJECT NO. 92-13 FOR WELL PUMPHOUSE *4 CONSTRUCTION IN THE AREA OF CITY HALL . WHEREAS, the City of Andover has a contract for project No. 92-13, Well Pumphouse *4 with Anderson Mechanical, Inc. of Shafe r, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve change order *2 to Project No. 92-13 . MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 7th day of December , 19 93 , with Councilmembers MCKelvey, Knight, Dalien, Jacobson, perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ;' t J1~~ . E. McKe vey Mayor ~ ¡/v/L victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 279-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ANDERSON MECHANICAL, INC. FOR PROJECT NO. 92-13 FOR THE IMPROVEMENT OF WELL PUMPHOUSE *4 IN THE FOLLOWING AREA: CITY HALL . WHEREAS, pursuant to a written contract signed with the City of Andover on March 16 , 19 93 , Anderson Mechanical, Inc. of Shafer, MW-- 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 Perry and adopted by the City Council at a regular meeting this 7th day of December , 19 93 , with Councilmembers Dalien, Knight, MCKelvey, Jacobson, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (j, {, )1¡v j¡. E. McKelvey - &~ ¿/ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 280-93 A RESOLUTION APPROVING THE REVISED GRADING AND DRAINAGE PLAN OF PHEASANT MEADOWS AS BEING DEVELOPED BY HOKANSON DEVELOPMENT IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the revised grading and drainage plan; and WHEREAS, Resolution No. 090-92 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading and drainage plan with a revision date of November 10, 1993 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading and drainage plan. Adopted by the City Council of the City of Andover this 7th day of December , 19 93. CITY OF ANDOVER ATTEST: f'l'd%~te~aYor ~ {lg Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 281-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *4 TO PROJECT NO. 93-2 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF PINEWOOD ESTATES 2ND ADDITION. WHEREAS, the City of Andover has a contract for Project No. 93-2, Pinewood Estates 2nd Addition with Mille Lacs Contracting of wahkon, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve change order *4 to project No. 93-2. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 7th day of December , 19 93 , with Councilmembers Dalien, Jacobson, Knight, McKelvey, Perry voting in favor of the resolution, and Counci1members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Mayor IL~ ¿{¿¿ Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 282-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. 93-28 , IN THE AREA AT 13828 ROUND LAKE BOULEVARD. WHEREAS, the City Council has received a petition, dated November 19, 1993 , 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 Perry and adopted by the City Council at a regular Meeting this 7th day of December , 19 93 , with Councilmembers McKelvey, Jacobson, Dalien, Knight, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Q. f m()(J~ ()'. E. McKelvey ayor &~ ¡£¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 283-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *1 TO PROJECT NO. 93-11 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF EMERALD GLEN . WHEREAS, the City of Andover has a contract for Project No. 93-11, Emerald Glen with Inland Utility contracting of st. Michael, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve change order *1 to Project No. 93-11. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 7th day of December , 19 93 , with Councilmembers Dalien, MCKelvey, Perry, Knight, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (). ç, In,, j( dvJJ-v1 tJ· E. MCKelvey t1 Mayor ¿:z;~ £¿,ú victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 284-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO MILLE LACS CONTRACTING, INC. FOR PROJECT NO. 92-24 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA: ANDOVER BOULEVARD BETWEEN CROSSTOWN BOULEVARD AND HANSON BOULEVARD . WHEREAS, pursuant to a written contract signed with the City of Andover on May 18 , 19 93 , Mille Lacs contracting, Inc. of Wahkon, MN ~s satisfactorily completed the construct10n 1n accordance w1th 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 Perry and adopted by the City Council at a regular meeting this 7th day of December , 19 93 , with Councilmembers Dalien, Knight, perry, McKelvey, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: 4-· t JJlt._~~ (jI. E. McKeI ey - yor d:t~!fdb victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 285-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER *2 TO PROJECT NO. 92-3 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN CONSTRUCTION IN THE AREA OF PINEWOOD ESTATES PHASE I . WHEREAS, the City of Andover has a contract for Project No. 92-3, Pinewood Estates Phase I with S.J. Louis Construction, Inc. of St. Cloud, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve change order *2 to Project No. 92-3. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 7th day of December , 19 93 , with Councilmembers Dalien, Knight, Jacobson, Perry, MCKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: I: [~~b . E. McKelvey ayor L/;;~¡£¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 286-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO S.J. LOUIS CONSTRUCTION, INC. FOR PROJECT NO. 92-3 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA: PINEWOOD ESTATES PHASE I . WHEREAS, pursuant to a written contract signed with the City of Andover on August 4 , 19 92 , s.J. Louis Construction, Inc. of st. Cloud, MN --nâs 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 Perry and adopted by the City Council at a regular meeting this 7th day of December , 19 93 , with Councilmembers Knight, Dalien, Perry, MCKelvey, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ¡.' ¿ J7k/(~~ . E. McKelvey - yor ~ tf¡¿ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R287-93 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF TIM DUGAS TO OPERATE A HOME OCCUPATION (CABINET MAKING BUSINESS) IN AN ACCESSORY STRUCTURE ON THE PROPERTY LOCATED AT 17528 FLINTWOOD STREET NW, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Tim Dugas has requested a Special Use Permit to operate a home occupation (cabinet making business) in an accessory structure as specified in Ordinance No. 8, Section 4.30, on the property located at 17528 Flintwood Street NW, legally described on Exhibit A. WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets 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 Tim Dugas to operate a home occupation (cabinet making business) in an accessory structure on said property with the following conditions: 1. The size of the lot shall be three 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, with the partition to be built to meet City code as determined by the Building Department. Page Two Dugas - Special Use Permit 17528 Flintwood street NW December 7, 1993 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 hours of operation shall be between 8 a.m. to 4:30 p.m., Monday through Friday. Adopted by the City Council of the City of Andover on this 7th day of December, 1993. CITY OF ANDOVER ATTEST: O. { mCr~ ~ I./b çï. E. McKel ey, yor V1ctor1a Volk, City Clerk EXHIBIT A That part of the Northwest Quarter of the southeast Quarter of Section 1, Township 32, Range 24, Anoka County, Minnesota, lying southerly of the northerly 980.00 feet thereof and westerly of the following described line, commencing at the Northwest Corner of said Northwest Quarter of the southeast Quarter, thence south 87 degrees 25 minutes 39 seconds east (assumed bearing) along the north line of said Northwest Quarter of the Southeast Quarter, 698.25 feet to the actual point of beginning, thence south 01 degrees 02 minutes 46 seconds west parallel with the west line of said Northwest Quarter of the Southeast Quarter 399.12 feet, thence on a tangential curve, concave to the west, having a central angle of 07 degrees 43 minutes 22 seconds and a radius of 1514.57 feet 204.15 feet, thence south 08 degrees 46 minutes 08 seconds west tangent to the last described curve, 248.39 feet, thence on a tangential curve to the east, having a central angle of 18 degrees 35 minutes 44 seconds and a radius of 791.61 feet 256.91 feet, thence south 09 degrees 49 minutes 36 seconds east, tangent to the last described curve 101.91 feet, thence on a tangential curve, concave to the west, having a central angle of 12 degrees 30 minutes 35 seconds and a radius of 504.54 feet, 110.16 feet +or- to the south line of said Northwest Quarter of the Southeast Quarter and there terminating; Except Roads: Subject to Easements of Record. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R288-93 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF STEVE HUGHES TO CREATE TWO (2 ) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Steve Hughes has requested a lot split to create two ( 2 ) lots for the construction of single family homes on the property located at 101 - 157th Avenue NW, legally described as follows: The West 674.60 feet of that portion of the Southeast Quarter of the Southeast Quarter of Section 13, Township 32 Range 24, lying North of the Center line of 157th Avenue NW, as now laid out and traveled and lying south of a line drawn parallel to and 359.53 feet South of the North line of the Southeast Quarter of the Southeast Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota; Subject to easement for road purposes over the Southerly 33 feet thereof; 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 7th day of December, 1993. CITY OF ANDOVER ATTEST Mayor Múu tld victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 2!Ð-93 A RESOLUTION ESTABLISHING THE 1994 LEVY TO BE CERTIFIED TO THE COUNTY DEPARTMENT OF PROPERTY TAX ADMINISTRATION BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The total non-bonded indebtedness levy is hereby set at $1,908,145 . Of this levy, $1,892,448 is for general purposes and is levied against all taxable property within the City of Andover. The remaining $15,697 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 $473,879 to fund the following indebtedness: 1989 Certificates of Indebtedness $24,567 1990 Certificates of Indebtedness $21,954 1992 Certificates of Indebtedness $45,814 1991 Fire Station Bonds $381,544 The levy for the 1990 Certificates of Indebtedness has been decreased by $37,630 since the City intends to fund this amount of the debt from local sources. THE CITY COUNCIL OF THE CITY OF ANDOVER FURTHER RESOLVES that the scheduled levy of $21,541 for the FHA/G.O. Improvement Bonds of 1977 is hereby cancelled for 1994. Adopted by the City Council of the City of Andover on this 16th day of December, 1993. CITY OF ANDOVER ATTEST: 1:' ç: 14, j,/Jv4, J. E. McKelvey, ~yor /Lt-~ d.¿¿/ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 290-93 A RESOLUTION ESTABLISHING THE 1994 BUDGETS FOR THE GENERAL FUND, LOWER RUM RIVER WATER MANAGEMENT ORGANIZATION FUND AND THE DEBT SERVICE FUNDS. 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 R289-93 establishing the 1994 levy; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby establishes the 1994 General Fund Budget as submitted, with revenues and expenditures each totaling $2,828,334. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 1994 Lower Rum River Water Management Organization Fund Budget as submitted, with revenues and expenditures each totaling $15,697 . BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 1994 Debt Service Budgets as submitted, with revenues totaling $2,465,729 and expenditures totaling $6,982,670. The difference between budgeted revenues and expenditures will be financed from funds previously received through special assessment prepayments and other sources to be determined by City Council. Adopted by the City Council of the City of Andover on this 16th day of December, 1993. CITY OF ANDOVER ATTEST: tl £. ~. j(p~ ¿i1. E. Mc elvey, yor iLZ7;t..v tf~b victor~a Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO'Z9-l-é93 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF MURPHY OIL USA, INC. TO INSTALL THREE (3 ) UNDERGROUND STORAGE TANKS FOR THE BULK STORAGE OF LIQUID FUELS ON THE PROPERTY LOCATED AT 13650 HANSON BOULEVARD NW (PIN 34-32-24-41-0004), LEGALLY DESCRIBED BELOW. WHEREAS, Murphy Oil USA, Inc. has requested a Special Use Permit to install three (3 ) underground storage tanks for the bulk storage of liquid fuels (gasoline & diesel) on the property located at 13650 Hanson Boulevard NW, PIN 34-32-24-41-0004, legally described as follows: Lot 4, Block 1, pankonin Addition; Except the west 148 feet thereof; Subject to Easements of Record. 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 three (3 ) underground storage tanks for the bulk storage of liquid fuels (gasoline & diesel) on said property with the following conditions: 1. The applicant shall provide to the City, in wri ting, proof that the tank meets all State requirements and installation regulations. 2. The Special Use permit will be subject to a one (1 ) year sunset clause as defined in Ordinance No. 8, Section 5.03(D). 3 . The Andover Fire Marshal inspect the tanks and their installation. 4 . The Special Use Permit will be subject to annual review. Adopted by the City Council of the City of Andover on this 21st day of December, 1993 CITY OF ANDOVER ATTrT: #, £, Ilk {;:)J-U1 tl;i;.U-./ ti;t¿/ (Í . E. McKe vey,£fMayor Victoria volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 292-93 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF MARrs AND BARBARA SCHILLING TO CREATE TWO (2 ) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, Maris and Barbara Schilling have requested a lot split to create two ( 2 ) lots for the construction of a single family home on the property located at 17025 Round Lake Boulevard NW, legally described as follows: The Westerly 660 feet of the Southerly 330 feet of the North Half of the South Half of the Northwest Quarter of Section 9, Township 32 Range 24, Anoka County, Minnesota; 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 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 Ci ty 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 21st day of December, 1993. CITY OF ANDOVER ATTEST I f lík~ . E. McKe' ve Mayor ( -. ( ~~ /;,~t& victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 293-93 A RESOLUTION APPROVING THE VARIANCE REQUESTED BY STEVEN LOUDON TO ORDINANCE NO. 8, SECTION 4.05(B)(1) TO ALLOW FOR THE CONSTRUCTION OF AN ADDITION TO AN ACCESSORY STRUCTURE EXCEEDING THE TOTAL SQUARE FOOTAGE OF LAND COVER OF THE PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT 1831 CROSSTOWN BOULEVARD NW, LEGALLY DESCRIBED BELOW. WHEREAS, Steven Loudon has requested a variance to allow for the construction of a 12' X 26' addition to an accessory structure that exceeds the total square footage of land cover of the principal structure on the property located at 1831 Crosstown Boulevard NW, legally described as follows: That part of the Northwest Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota, that is described as follows: Commencing at a point on the South line of said Northwest Quarter of the Southeast Quarter which is 873 feet East of the Southwest corner therof, thence Northerly at right angles to said south line for a distance of 20 rods, thence East parallel with said South line to a point of intersection with a line parallel with and distance 1020 feet East of the West line of said Northwest Quarter of the Southeast Quarter, thence Southerly and parallel with said West line of said South line; thence West along said South line for a distance of 147 feet to the point of beginning; and WHEREAS, the Planning & zoning Commission has reviewed the request and has determined that said request meets the conditions established in Ordinance No. 8, Section 5.04 and that a hardship exists due to the age of the existing principal structure; and WHEREAS, the Planning and Zoning Commission finds that the strict interpretation of the Ordinance due to the age of the house and the fact that it is built as a separate house with a detached garage creates a hardship; 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 approves the variance requested by Steven Loudon to construct an addition to an accessory structure that exceeds the total square footage of land cover of the principal structure on said property. Adopted by the City Council of the City of Andover this 21st day of December, 1993. CITY OF 0 (, A~ . E. Mayor " : u:Jd..æ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 294-93 A RESOLUTION SETTING FEES FOR PERMITS, REZONINGS, SPECIAL USE PERMITS, VARIANCES, PLATTING, LICENSE FEES, SEWER USER FEES, WATER FEES, LOT SPLITS, RENTAL FEES AND VARIOUS OTHER FEES. The City Council of the City of Andover hereby ordains: The following fees are hereby established for the year 1994: Type of Fee Fee Ordinance Moving of Buildings 4 Up to 350 square feet $ 15.00 351 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/Rezoning Abstract Property 25.00 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/sq. ft. 8 plat Fees 10 Preliminary Plat Filing Fee 50.00 Preliminary Plat per acre fee 7.50 Final plat fee 20.00 plat Escrow Deposit Urban lot per acre 75.00 Rural lot per acre 400.00 Sewer Availability Charge 800.00 13 Demolition Permits Single Family Structures 30.00 19 Two-family structures 40.00 Single/Double 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 25.00 Contractor Verification Fee 5.00 Boarding of Horses 10.00/day 23 Impoundment of Horses 25.00/hr/man Transportation (trailer rental) 40.00 Stable Fee 3.00 Non-Intoxicating Liquor 28 Off Sale 40.00/yr. On Sale 200.00/yr. Tree Trimmer License 25.00 29C plan Check Fee - Trees 50.00 29C street Opening Permit 5.00 35 Lot Split Fee 100.00 40 Recording Fee/Lot Split Abstract Property 25.00 Torrens property 34.50 Junkyard License 200.00 44 1st Reinspection Fee 150.00 2nd Reinspection Fee 200.00 3rd Reinspection Fee 250.00 Cigarette License 25.00/yr. 45 Outdoor Party Permit 5.00 51 Dog License 5.00/2 yrs. 53 Fire Hydrant Rental 75.00 deposit 55 + $.97/thousand gal. Intoxicating Liquor 56 On Sale Liquor 3,500.00/yr. On Sale Wine 500.00/yr. Off Sale Liquor 150.00/yr. Transient Merchant License 50.00/6 months 79 False Alarm Fine 75.00 96 Rental Housing License 50. DO/unit 99 except owner occupied Reinspection Fee per call 30.00 Garbage Hauler License 25.00/yr + 102 $15.00/truck Adopted by the City Council of the City of Andover this 21st day of December , 1993. CITY OF ANDOVER Attest: /~('M?!:t!C~or ~¿f4 Victor1a Volk - City Clerk COUNTY OF ANORA STATE OF MINNESOTA NO. R295-93 A RESOLUTION ESTABLISHING PERMIT FEES AND SERVICE CHARGES TO BE COLLECTED BY THE CITY OF ANDOVER AND AMENDING RESOLUTION NO. 002- 93 SETTING FORTH SUCH FEES. The City Council of the City of Andover hereby ordains: The following permit fees and service charges are hereby established for the year 1994: Permit Fees Certificate of Occupancy $ 4.00 plan Check/Residential 40.00 Heating Installations 25.00 Air Conditioning Installations 15.00 Plumbing (per opening) 7.00 (minimum fee) 10.00 On-Site Septic System Installation 35.00 sanitary Sewer Installation 25.00 Septic System pumping 2.50 Water Installation (public) 50.00 Agricultural Building 5.00 Footing to Grade 15.00 Health Authority Certification 5.00 Escrow Inspection Fee 20.00 Building Reinspection Fee 30.00 The permit fee schedule for the Building Department for 1994 shall be as follows: l. State of Minnesota Building Valuation Data, cost per square foot, dated February 1987. 2. Fees for Commercial Buildings shall be computed on the contract bid price. Plan check fee shall be 65% of the permit fee. 3. Permit fee shall be based on the 1988 Uniform Building Code schedule 3A. 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 21st day of December , 1993. CITY OF ANDOVER Attest: J'~' Jncj;~ .E. McKelvey - ayor ~. itX .~ ¿Ý ......... Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 296-93 A RESOLUTION ESTABLISHING SERVICE CHARGES TO BE COLLECTED IN 1994. The City Council of the City of Andover hereby ordains: The following service charges are hereby established for the year 1994: Service Charge Well & Septic Locate $30.00/hour special Assessment Search 12.00 City Maps 1.60 Zoning Maps 3.20 Copies (per sheet) 8-l/2"x11" .25 l8"x24" 2.15 24"x36" 2.65 Larger sizes 5.50 Wage Assignments 3.00 Ordinance 8 21. 50 Ordinance 10 2.15 All other Ordinances 1. 00 Notary 3.00 Bad Check Fee 20.00 Topographical Maps 11.00/acre Approval of Deeds Abstract property 25.00 Torrens property 40.00 Adopted by the City Council of the City of Andover this 21st day of December , 1993. CITY OF ANDOVER Attest: ¡j t, )P&~ ;;a.E. McKelvey - M r ~êV--;~ t~ V1ctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 297-93 A RESOLUTION ESTABLISHING SANITARY SEWER RATES AND SANITARY SEWER CONNECTION CHARGES, TO BE EFFECTIVE JANUARY 1, 1994 PURSUANT TO ORDINANCE NO. 32, RESOLUTION NO. 68-81, AND COUNCIL ACTION MAY 28, 1987. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: 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, 1994 as follows: Sanitary Sewer Fund A $9.00/month/unit Sanitary Sewer Fund B $13.00/month/unit Connection Charges $275.00/unit connection Sanitary Sewer Area Charges $995/acre A unit shall be as defined in Ordinance No. 32, or by determination of the Metropolitan Council. Adopted by the City Council of the City of Andover this 21st day of December , 1993. CITY OF ANDOVER Attest: ;! r. )J1G;¿~ (ß.E. MCKelvey ayor i~~i;¿;µ ~ Vlctoria Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R298-93 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: REFERENCE SECTION 1 WATER PERMIT FEES ORDINANCE 55 1. Service/Connection...................$50.00..Section 21/22 2. Tapping Main.........................$15.00..Section 9 3. Disconnection/Reconnection Requests..$20.00..Section 12 4. HVAC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $15.00. . Section 20 5. Underground Sprinklers...............$15.00 6. Re-inspection (all)..................$15.00 SECTION 2 SERVICE CHARGES 1. Testing Up to 2" Meters......................Cost plus 15% Up to 3" Meters......................Cost plus 15% Up to 4" Meters......................Cost plus 15% Up to 6" Meters......................Cost plus 15% 2. Violation Penalties Shut-off (8:00am - 4:30 pm)..........$20.00 Shut-off (after hours)...............$30.00 SECTION 3 WATER METER CHARGES 1. 5/8" Meter.......................... .$125.00 2. 1" Me te r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 265 . 00 3 . 1-1/2" Mete r. . . . . . . . . . . . . . . . . . . . . . . . . $452.00 4. 2" Me te r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 618 . 00 5. 3" Me t e r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7 9 6 . 00 6. Special Sizes........................Cost plus handling SECTION 4 UNIT CONNECTION CHARGES 1. ResidentiaL........................ .$1,145.00/unit 2. Non-residential, Per REC.............$572.50/unit or $5725.00/A., which- ever is higher. SECTION 5 WATER AREA CHARGES 1. Residential and Commercial...........$1058.00/acre SECTION 6 WATER USAGE RATES 1. BIlled Quarterly.....................$6.30 + $.97/1000 gal. 2. Minimum Per Quarter..................$8.30 3. penalty/Late Payment.................l0% SECTION 7 The rate charges as shown shall be effective January 1, 1994. Adopted by the City Council of the City of Andover this 21st day of December , 1993. CITY OF ANDOVER Attest: µ~ ¿f~ f7 f. bGJil~ ~.E. MCKelvey - M or Vlctoria Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 299-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 93-10, SUPERAMERICA LOCATED IN THE NORTHEAST CORNER OF THE INTERSECTION OF HANSON BLVD. AND BUNKER LAKE BLVD. FOR SANITARY SEWER, WATERMAIN AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 108-93, adopted by the City Council on the 18th day of May , 19 93 , TKDA has prepared final plans and specifications for Project 93-10 for sanitary sewer, watermain and storm drain construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 21st day of December , 19 93 . 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 , Friday , January 28 , 19-2i at the Andover City Hall. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 21st day of December , 19 2i, with Councilmembers MCKelvey, Dalien, Knight, Jacobson, Perry voting in favor of the resolution and Councilmembers none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: cJ' Ç!. Jy¡r_l:p~~ ¡¡/~ dæ . E. MCKelvey - ayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 300-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING CITY ENGINEER TO NOTIFY THE PROPERTY OF THE IMPROVEMENT OF PROJECT 93-28 FOR WATERMAIN IN THE FOLLOWING AREA 13828 ROUND LAKE BOULEVARD NW . WHEREAS, the City Council did on the 7th day of December, 19 93 , 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 21st day of December, 19 93 ; 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 $ 3,187.92 . 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 $ 3,187.92 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to send a letter that sewer and water is available and the property would be assessed over a 5 year period. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular Meeting this 21st day of December, 1993 , with Councilmembers Dalien, Knight, McKelvey, Jacobson, Perry voting in favor of the resolution and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. f 4c-~.t~ ¡ V0' E. McKelvey . ayor ~k ¡fa Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 301-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING CITY ENGINEER TO NOTIFY THE PROPERTY OF THE IMPROVEMENT OF PROJECT 93-29 FOR WATERMAIN IN THE FOLLOWING AREA 13836 ROUND LAKE BOULEVARD NW . WHEREAS, the City Council did on the 21st day of December , 19 93 , 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 21st day of December , 19 93 ; 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 $ 3,187.92 . 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 $ 3,187.92 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to send a letter that sewer and water is available and the property would be assessed over a 5 year period. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular Meeting this 21st day of December, 1993 , with Councilmembers Knight, McKelvey, Dalien, Jacobson, Perry voting in favor of the resolution and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j), ç »l,,- ¿.at! (I' E. McKelvey Mayor ~( , V~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 302-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. 93-29 , IN THE 13836 ROUND LAKE BOULEVARD AREA. WHEREAS, the City Council has received a petition, dated December 7, 1993 , 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 Perry and adopted by the City Council at a regular Meeting this 21st day of December , 19 93 , with Councilmembers MCKelvey, Knight, Dalien, Perry, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß' t Mc¡(,Q~ . E. McKelvey - Mayor ,tL6µ (j(L victoria Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 303-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO MILLE LACS CONTRACTING FOR PROJECT NO. 93-2 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN IN THE FOLLOWING AREA: PINEWOOD ESTATES 2ND ADDITION . WHEREAS, pursuant to a written contract signed with the City of Andover on June 15 , 19 93 , Mille Lacs Contracting of Wahkon, 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 Perry and adopted by the City Council at a regular meeting this 21st day of December , 19 93 , with Councilmembers McKelvey, Knight, Dalien, Jacobson, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (l t, Jøc-t.k (/1. E. MCKelvey ¿1 Mayor Ú fa ~ÔrhJ Victoria Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R304-93 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS DEDICATED TO OAK WILT DISEASE CONTROL AND THE CREATION OF A FORESTRY FUND. WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City Council of the City of Andover has appropriated $10,000.00 within the 1993 General Fund Tree Preservation contractual services account for oak wilt suppression, of which, $4,705.70 will remain unexpended at year end; and WHEREAS, the City of Andover received a grant of $20,000.00 to assist Andover residents with the oak wilt suppression activities. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover authorizes the creation of the Forestry Fund. BE IT FURTHER RESOLVED that the City Council of the City of Andover authorizes the transfer of $4,705.70 to the Forestry Fund from the General Fund to be used for the oak wilt suppression program. BE IT FURTHER RESOLVED that the $20,000.00 grant also be placed into the Forestry Fund where all future oak wilt suppression accounting shall be recorded. Adopted by the City Council of the City of Andover on this 21st day of December, 1993. CITY OF ANDOVER ATTEST: ¡J t /JÆ~ (La ~. E. McKe vey Mayor t~~ -;,) {f' victor1a Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 305-93 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM DRAIN, FOR PROJECT NO. 92-3, PINEWOOD ESTATES AND 93-2, PINEWOOD ESTATES 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 $ 1,088,310.36, and the expenses incurred or to be incurred in the making of such improvement amount to $ 644,755.27 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 1,733,065.63. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andove r , MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 189,708.25 and the amount of the cost to be assessed against benefited property owners is declared to be $ 1,543,357.38 . 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 15th day of April 1994, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4 . The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Perry and adopted by the City Council at a regular meeting this 21st day of December, 1993 with Councilmembers MCKelvey, Dalien, Knight, Jacobson, Perry voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ ¡fl-:~~ d~ Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R30ó-93 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS DEDICATED TO IMPROVEMENT OR CONSTRUCTION OF CITY HALL, PUBLIC WORKS OR FIRE STATION BUILDINGS AND THE CREATION OF A BUILDING CONSTRUCTION FUND. WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City Council of the City of Andover has designated $50,000.00 from the 1993 building permit revenue to provide for improvements to and/or construction of City Hall and Public works buildings; and WHEREAS, the Ci ty will realize a savings of approximately $10,000.00 within the Fire Department's 1993 operating budget due to restructuring calls for service to a station response system; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover authorizes the creation of the Building Construction Fund. BE IT FURTHER RESOLVED that the City Council of the City of Andover authorizes the transfer of $60,000.00 to the Building Construction Fund from the General Fund. Adopted by the City Council of the City of Andover on this 21st day of December, 1993. CITY OF ANDOVER ATTEST: {}. f. ~~ . ~ ttÆ p. E. McKe ve - Mayor victoria Volk - City Clerk , I II