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Home My WebLink About1990 "jf¡-\\.</f,', ,·Cf"._ v ·-!__;'~"I1.; ,'. ''¡j~S~1t:rlÌ!TION . NO. ' :: ~D;"T. , REC. DOC. NO. . ;-',.',' ,"" ,n _ _' " ',',' _.': 1_ ',i' ';'P,~';i,_::~:, Dê!;itijné\~,e: D:ePq;si!:,qiiè~' 0011/2/90"; \ .,," ~dqpttle SC'hèdule".,' 002 li:j2)9(}'\:¿:i opti:cai,::sea~':v'q£~:<;9un~i~~' 003' 11/2/90)( Mopc,;fe;'¡¡Q¡:'á1dJ:- Permits. 004 1~(~¿90 ,," . .' .,.., ,.. I.. Adqp't SånitarysèwèJ Eì.~teš/ I' ""i;' Cor¡.nection,Cha-rges : 005 11/2/90 r~' , Chdng1r>bue Dàte of Utility Bills 006 11/2/90 ""',.. 1 Reó'¡¡f"e Feé\s./t:àllr.H.NO. 89'-25 007 11/2/90 'fAccJ~€,'dboked,~akeB,J,~d 008 1 ~/16/90)' :; : ,,\ I ¡1.evQ!te.,.it:rf;oked'¡:¡ake.:BlvtL (CSAH is,) 009,. 11/16/90 '.' .. ," ." '.' ,I APp'rO.V~Ff'i,.nalPlà,.t;¡~.en¡;lngton Est. . ·1 5tH )laditi6n' "', . 010 1/16/90 , ". . .. "', I Accept/worJc-, diJ;eç-!:, .final payment 1 Forest- La~_ê conttà¢~in'il' 87-12 011 1/16/90 ... Accept w'hrk, q~t'èct find payment' Dresehcontr,aétiifg,ßS;,;9:' 01.2 1/16/90 . ..,'. ...... .. .... I Accept work ,. dire'ct final 'payment I ~ Dresel constrùdt-i;çm, 88-10 . 013 ,1/16/90 ...¿":; '" ,'" . ~, . Au tho ri ze . ci ty to . obtain exce s s ' liability cqvera9"e. & 'not waiving the .statùtory li1fii ts 014 1/16/90 Declé\re adequa~ypet, order prepare feasibility repott 90-2 015 1/16/90 Declare adequacy pet, order prepare feasibility report 90-3 016 1/16/90 p.h., . . " I prE!pare 017 '·.1/16/90 'l'Efrminatin9.}imp,roVemef\!:" 9f '¡¡treet ., " construction,· No. 'J.9-~¡¡, MoOre's' Estates/158th;Avenue >:, . 018 2/6/90 Declare adequacy 9~,pet~~order preparation o,f,fE!a,s. '.r,eport for No. 90-5 ,HÌ'dâe~",;'à¡¡eøk;3rd Add. 019 2/6/90 Receive. feas.'.J;epq.t',t,c¡;¡llp.h. project Nó; 89.,,19 "<, 020 2/6/90 DESCRIPTION NO. DAT: REC. DOC. NO. Receive feas. report, call p.h. Project No. 89-26 021 2/6/90 Receive feas. report, call p.h. ,} project No. 89-27 022 2/6/90 Permit Fees and Service Charges 023 2/8/90 Approve amended SUP for Andover Wheel and Frame 023A 2/20/90 Adopt assessment ,011 project No. 88-1 024 2/8/90 3-15-90 886066 Requesting Anoka County construct a grade separation over BN railroaå 024A 2/20/90 Approve final plans & specs, order ad for bids No. 90-3 025 2/20/90 Receive feas. report, call p.h., Project No. 90-2 026 3/20/90 1990 Water and Sewer Fund Budgets 027 2/20/90 Sanitary Sewer rates and Sanitary Sewer Connection Charges 028 2/20/90 Granting lot split for Deal 029 3/6/90 4-27-90 890781 Accept feas. study, waiye p.h., order improvement, direct prepare plans/specs, project No. 90-5 030 3/6/90 Approve final grading & street construction of 157th Lane 031 3/6/90 Designate Miller & schrqeder Financial as Supplemental Depository 032 3/6/90 proclaim April 22, 1990 as Earth Day 033 3/22/90 Order i~provement & direct prepare. final plans and specs. Pro. No. 90-2 034 3/20/90 Approve lot split & variance for Michael Walker 035 3/20/90 7-25-90 901379 Approve special use permit to US West Newvector Group 036 3/20/90 4-27-90 890783 Accept bids, award contract for 90-3 037 3/20/90 Approve final grading for L1, B4 & L9, B2 Indian Meadows 038 3/20/90 Declare adequacy of petetion, order prepare. feas. report Proj. No. 90-6 039 3/20/90 DESCRIPTION NO. DAT, REC. DOC. NO. Vacating a drainage & utility t easement L3, B1 Ivywood Estates 040 3-3-90 vacating a drainage & utility ease. ~-3-90 8907Ø2 L4, B1 Barnes Rolling Oaks 2nd 041 4-27-90 Amending Assessment Manual 042 4'3-3-90 Adopt Assessment Roll No. 87-3B 043 t3-3-90 Establishing MSAS 044 ~3-3-90 Approve Penn SUP 045 4-17-90 5-7-90 891774 Changing Polling Place for Prec. 3 046 4-17-90 Accept work, direct final payment to Gammon Brothers No. 87-6 047 4-17-90 Accept work, direct final payment to Gammon Brothers No. 88-1 048 4-17-90 - Declare cost, direct preparation uf assessment roll for 89-15 049 4-17-90 Adopt the assessment roll 89-15, 89-18 050 4-17-90 Hearing on proposed Supplemental Assesment for proj. No. 86-19 051 5-1-90 Receive feasibility report, call p.h. on improvements proj. No. 90-6 052 5-1-90 Order preparation of feasibility report for Proj. No. 90-12 053 5-1-90 Order preparation of feasibility report for Proj. No. 90-13 054 5-1-90 Approve speed limits in stenquist Addition-159th Ave 055 5-1-90 Certify to the County Auditor for Collection Unpaid Special AssessmeEt 056 5-1-90 Order preparation of Right-Of-Way plans for Proj. No. 90-10 057 5-1-90 Order preparation of Right-Of-Way plans for Proj. No. 90-11 058 5-1-90 Approve Variance for Don Ilse 059 5-1-90 Determining to issue Bonds for the purpose of Acquisition of Land & the construction thereon & equipping of two New Fire Stations & proving for an Election thereon 060 5-1-90 DESCRIPTION NO. DAT, REC. DOC. NO. Approving SUP for Jeff's Outdoor Furniture 061 5-15-90 6-12-90 896225 MWCC refund to City SAC paid for properties outside City anticipated year 2000 MUSA Boundary 062 5-15-90 Amend the 1990 General Fund Budget 063 5-15-90 Designating No Parking on Kiowa St from 154th Avenue to 155th Avenue 064 5-15-90 providing for thE! Issuance & Sale of $2,500,000 General Obligation Temp. Improvement Bonds, Series 1990A 065 5-15-90 Ordering Improvement 90-6 and directing preparation final plans and specifications 066 6-5-90 Assessment roll for 86-19 067 6-5-90 Deny SUP requested by Andover Auto Parts, Commerical Auto Parts & Wilber Auto Parts to erect ad sign 068 6-5-90 Direct preparation of plans &,specs, order ad for bids, 90-15 069 6-5-90 Deny SUP requested by Hokanson Development 070 6-5-90 Approve Lot Split requested by Ed Fields & Sons 071 6-5-90 Approve final plans & specs, Order advertisement for bids 90-2 072 6-5-90 Declare adequacy of petition, order preparation of feasibility report for project no. 90-14 073 6-5-90 Relating to the Public Improvement Revolving fund of the City: Estab. the Fund: Designate the uses thereof, Provide for its maintenance 074 6-5-90 Authorize a loan of $1,754.61 from PIR Fund & provide for repayment 075 6-5-90 Approve amended SUP requested by Constance Evangelical Free Church 076 6-19-90 Accept work, direct final payment to Gammon Bros. 88-1 077 6-19-90 Award sale of $2,500,000 bonds 078 6-19-90 Approve final plans and specs, order advertisement for bids 90-6 079 6-19-90 Approve SUP requested by Paul Blake 080 7-3-90 DESCRIPTION NO. DATi REC. DOC. NO. Grant SUP requested by Ric Haugland D/B/A Blue Line Collision Center 081 7-3-90 7-27-90 901581 Grant SUP requested by Continental Development Corp. 082 7-3-90 Deny Variance requested by Lyle R. Dunn 083 7-3-90 Grant Variance request of Woodland Development 084 7-3-90 Appoint judges for special election 085 7-3-90 Receive feasibility report, calling public hearing project no. 90-14 086 7-3-90 Order improvement 90-14, direct preparation of final plans & specs 087 7-17-90 Terminating 90-14, Part II 088 7-17-90 Accept bids, award contract 90-2 089 7-17-90 Grant SUP requested by Bro-Midwest Vending 090 7-17-90 Grant Variance requested by Donald Wooten 091 7-17-90 Approve final plat Kensington Estates 6th Addition 092 7-17-90 Declare adequacy of petition, order preparation of feasibility report 90-16 093 7-17-90 Approve final grading Red Oaks Manor 6th Addi tion 094 7-17-90 - Order improvement, direct preparation plans and specifications 90-12 095 7-17-90 Approve speed limits on University Avenue per MNDOT 096 7-17-90 Accept work, direct final payment to Moser Construction 89-24 097 7-17-90 - Accept bids, award contract 90-15 098 7-17-90 Declare results of Special Fire Bond Election 099 7-18-90 Accept feasibility study, waiving public hearing, order improvement, direct preparation of plans and specifications 90-16 100 7-18-90 - Approve final plans and specs, advertise for bids 90~16 101 7-18-90 DESCRIPTION NO. DAT; REC. DOC. NO. - Approve final plans and specs, order ad for bids, 90-13 102 8-7-90 Appointing judges for primary election 103 8-7-90 Certify to the County Auditor for Collection Cleanup costs 34 32 24 41 0004 104 8-7-90 Approve final plans and specs, order ad for bids, 90-14 105 8-7-90 Declare adequacy of petition, order preparation feasibility report, 90-5 106 8-7-90 Accept feasibility study, waiving public hearing, order improvement, direct preparation plans & specs, 90-5 107 8-7-90 Approve final plans & specs, order ad for bids, 90-5 108 8-7-90 Accept work, direct final payment to Arcon Construction. 89-17 >109 >8-21-90 Accept work, direct final payment to 0 & P Contracting 89-22 >110 >8-21-90 Accept work, direct final payment to Forest Lake contracting 89-1 >111 >8-21-90 Accept work, direct final payment to Forest Lake Contracting 89-2 >112 >8-21-90 Accept work, direct final payment to W.B. Miller >113 >8-21-90 Declare cost, direct preparation of assessment roll for improvement. 89-17 >114 >8-21-90 Hearing on proposed improvement of Hidden Creek East 2nd Edition 89-17 >115 >8-21-90 Declaring cost, direct preparation of sanitary sewer, storm drain, and streets. 89-22 >116 >8-21-90 Hearing on proposed assessment for sanitary sewer, storm drain and streets. 89-22 >117 >8-21-90 In support of Anoka soil and water conservation district's proposal >118 >8-21-90 Adopting the City of Andover 1991 proposed property tax levy to be certified to the County Auditor, establishing the budgets for General and debt service funds, setting dates for required public hearings.>119 >8-21-90 I DESCRIPTION NO. DATE REC. DOC. NO. Denying the variance for Ordinance 8 for David and Michelle Kangas >120 >9-4-90 Granting the special use permit request of Woodland Creek Golf Course and A.R. Bullick >121 >9-4-90 Approving the final plat of Hidden Creek East 3rd as being developed by Good Value Homes >122 >9-4-90 Accepting bids, awarding contract for improvement 90-5 >123 >9-4-90 Accepting bids, awarding contract for improvement 88-35 >124 >9-4-90 Certifying to the 1991 taxes charges for mowing weeds >1~5 > Accepting bids, awarding contract for improvement 90-14 >126 >9-4-90 Declaring cost, directing preparation of assessment roll for improvement 90-18 >127 >9-4-90 Hearing on proposed assessment for improvement of debris/rubbish clean up 90-18 >128 >9-4-90 Declaring cost, directing preparation of assessment roll for improvement of street and storm drainage construction 90-2 >129 >9-4-90 Hearing on proposed assessment for improvement of street and storm drainage construction 90-2 >130 >9-4-90 Declaring cost, directing preparation of assessment roll for improvement of street and storm drainage construction 90-14 >131 >9-4-90 Hearing on proposed assessment for improvement of street and storm drainage construction 90-14 >132 >9-4-90 Declaring cost, directing preparation of assessment roll for improvement of sanitary sewer, storm drain and streets 89-22 >133 >9-18-90 Adopting the assessment roll for the improvement of sanitary sewer, storm sewer and streets 89-22 >134 >9-18-90 Adopting the assessment roll for the improvement of sanitary sewer, watermain, storm sewer, streets ,89-17 >135 >9-18-90 DESCRIPTION NO. DATE REC. DOC. NO. Granting the special use permit for 2 temporary classrooms >136 >9-18-90 Declaring a segment of Crooked Lake Blvd. to be an urban district and establishin a 30 MPH speed limit >137 >9-18-90 Approving the speed limit in the prairie Meadows >138 >9-18-90 Approving the speed limit along 133rd Ave. NW >139 >9-18-90 Requesting relief from the Federal Housing Admin. requirement to meet the Metropolitan Council General Rural Use Density Policy >140 >9-18-90 Adopting the assessment roll for the improvement of street and storm drainage improvement 90-2 >141 >10-2-90 Adopting the assessment roll for the improvement of street and storm drainage for improvement 90-14 >142 >10-2-90 Adopting the assessemnt roll for the imrovement of debris/rubbish clean up for 90-18 >143 >10-2-90 Granting the, amended special use permit request >144 >10-2-90 Certifying to the County Auditor for collection, unpaid sewer and water user charges >145 >10-2-90 Appointing election judges for the general election >146 >10-2-90 Certifying to the 1991 taxes costs incurred by the City of Andover for cleanup >147 >10-2-90 Denying the variancE! request of Ceserina Scardigli 148 10-16-90 Approving the final grading of Kirby Estates 149 10-16-90 Closing 1978 general obligation bond fund, transferring remaining funds 150 10-16-90 providing for the issuance and sale of general obligation temporary improvement bonds 151 10-16-90 vacating drainage and utility easements Winslow Hills 152 11-6-90 DESCRIPTION NO. DATE REC. DOC. NO. Approving special use permit to allow placement of fill 153 11-6-90 Approving preliminary plat of Genthon Ponds 154 11-6-90 Rescinding Res. No. R148-90 155 11-6-90 Approving variance request of Ceserina Scardigli 156 11-6-90 Declaring adequacy of petition, ordering prep of feasibility report 90-24 157 11-6-90 Declaring adequacy of petition and ordering prep of a feasibility report 90-25 158 11-6-90 Accepting bids and awarding contract 90-6 159 11-6-90 Canvassing returns of the municipal election 160 11-8-90 Canvassing the returns of the recount of city Council race 161 11-15-90 Granting special use permit for an oil storage tank 162 11-20-90 Awarding the sale of general obligation temporary improvement bonds 163 11-20-90 Authorizing expenditure from the permananent improvement revolving fund for upgrading fuel tanks 164 11-20-90 Receiving feasibility report, calling public hearing 90-25 165 11-20-90 Declaring adequacy of petition, ordering preperation of a feasibility report 90-23 166 11-20-90 Approving final grading of mining permit 167 11-20-90 Accepting work, directing final payment 88-35 168 11-20-90 Approving variance request for the construction of Fire Station #1 170 12-4-90 , , Establishing the 1991 water and sewer fund budgets 171 12-4-90 Receiving feasibility report, calling public hearing on improvements 90-23 172 12-4-90 -- DESCRIPTION NO. DATE REC. DOC. NO. Establishing the 1991 levy to be certified to the county auditor 173 12-6-90 Establishing the 1991 general fund and debt service fund bUdgets 174 12-6-90 Authorizing the establishement of a City Tree Commission 175 12-18-90 Granting the lot split request 12-18-90 1~.iJJ-'j'O r/t81C! of John Mengelkoch 176 Authorizing issuance of certificates of indebtedness 177 12-18-90 Rescinding Res. No. 109-90 approving final payment for 89-17 178 12-18-90 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 001-90 / 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 and it is necessary for the Andover City Council to annually designate a bank as the official depository 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 by other investments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's official depositories for 1990 are First National Bank of Anoka and Firstar st. Anthony Bank N.A.¡ and BE IT FURTHER RESOLVED that the First Bank St. Paul, First Bank Minneapolis, Norwest st. paul, American National Bank of St. Paul, National City Bank of Minneapolis, Norwest Bank MinnE!apo1is, the Fidelity Bank and Trust Company, Marquette Bank Minneapolis, First Federal Savings and Loan, Twin City Federal Savings and Loan, Minnesota Federal Savings and Loan, Central Norwest Bank , North, First Bank of Northtown, Bank of America NT & SA, Morgan 1 » Stanley, Merrill Lynch, Dain Bosworth Inc., Dean Witter Reynolds, Inc. , Piper Jaffray & Hopwood, Inc. , Kidder Peabody & co., and Minnesota Municipal Money Market fund be designated as additional depositories for 1990 for investment purposes only¡ and BE IT STILL FURTHER ¡1.EsOLVED that the Treasurer of the City of Andover is hereby designated as the approval authority for the acceptance and release of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. Adopted by the City Council of the City of Andover this 2nd day of January , 19 90 . CITY OF ANDOVER ATTEST: , ----- Ú,,; ~ joLt Victorla Volk, City Clerk CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. 002-90 / ' , ~--- 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 1990: Type of Fee Fee Ordinance Rezoning $ 150.00 8DD Recording Fee/Rezoning 10.00 8DD Special Use Permit 150.00 8DD Amended Special Use Permit 50.00 Recording Fee/Special Uses 10.00 8DD Variance Single Family 50.00 8DD other Requests 75.00 8DD plat Fees Preliminary Plat Filing Fee 40.00 10J Preliminary Plat per acre fee 7.50 10J Final Plat Fee 10.00 10J Sewer Availability Charge 600.00 13 Contractor Licenses 25.00/yr 22E Non-Intoxicating Liquor ./ , Off-Sale 40.00/yr 28B 1 On-Sale 100.00/yr 28B , Excavator License 25.00 35A Street Opening Permit 5.00 35A Lot Spli t Fee 65.00 40D Recording Fee/Lot Split 10.00 40D Park Dedication Fee/Lot split 10% of appraised value Junkyard License 750.00 44E Cigarette License 12.00/yr 45A Outdoor Party Permit 5.00 51A Dog Licenses 3.00/2 yr 53 Fire Hydrant Rental Deposit plus .94 thousand gal. 55F Intoxicating Liquor On-Sale Liquor 3,500.00/yr 56A On-Sale Wine 500.00/yr 56A Off-Sale Liquor 150.00/yr 56A Transient Merchant License 25.00/6 months 79 Adopted by the City Council of the City of Andover this 2nd day of January , 19 90 . CITY OF ANDOVER (">,. ~ ""'--- / ATTEST: Mayor L~~ £æ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 003-90 " "-.j URGING ANOKA COUNTY'S CONSIDERATION OF PROCEEDING WITH OPTICAL SCAN VOTE COUNTING EQUIPMENT FOR THE 1990 ELECTIONS WHEREAS, cities in Anoka County have for many years been using the punch card system for voting which lacks voter confidence and is not an acceptable system to most legislators; and WHEREAS, the cities of st. Paul, Minneapolis, Rochester, Duluth, Bloomington and cities of Hennepin and Ramsey Counties have used the optical scan voting equipment in past elections, and WHEREAS, Anoka County is the last major metropolitan county not using the optical scan equipment; and WHEREAS, the majority of the cities in Anoka County have entered into a Joint Purchase Agreement for the purchase of the optical scan vote counting equipment for use in the 1990 elections; and WHEREAS, through purchasing the same optical scan equipment cities can provide each other emergency backup services and have a uniform voting system in the County; and WHEREAS, the cities have advertised for and received sealed {\ bids in accordance with the law for joint purchasing based on a common set of specifications; and WHEREAS, the bid results have proven to be competitive bids with options for programming hardware and software costs for Anoka County at favorable costs; and WHEJ1.EAs, optical scan voting equipment has experienced a 30% price increase since 1987, and it is anticipated that these cost increases will be applicable at the rate of 15% per year for 1990 and 1991 making it prudent to consider purchase of optical scan voting equipment for the 1990 elections; and WHEREAS, cities involved in the Joint Purchase Agreement have concluded that without Anoka County's participation in providing the programming and ballot printing costs, purchasing the optical scan vote counting system may not be accomplished for the 1990 elections. NOW, THEREFORE, BE IT RESOLVED, that the majority of cities in Anoka County hereby encourage the Anoka County Board of Commissioners to actively support the joint purchase of optical scan equipment for use in the 1990 elections for all cities in the County and to provide the programming and ballot printing costs associated with such elections. , \ BE IT FURTHER RESOLVED, that a copy of this Resolution be forwarded to the Anoka County Board of Commissioners. Adopted by the City Council of the City of Andover this 2nd day of January, 1990. CITY OF ANDOVER ATTEST: Lt~ú Victoria Volk, City Clerk ) / "\ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 004-90 '~._-j 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 Requests............$15.00....section 12 4. HVAC............................. .$15.00... .section 20 5. underground sprinklers............$15.00 6. Re-inspections (ALL)............. .$15.00 SECTION 2 SERVICE CHARGES 1. Testing Up to 2" Meters...................$20.00 Up to 3" Meters...................$25.00 Up to 4" Meters...................$30.00 Up to 6" Meters...................$35.00 2. Violation Penalties Shut-off (8:00 a.m. - 4:30 p.m.)..$20.00 Shut-off (After Hours)............$30.00 SECTION 3 WATER METER CHARGES 1. 5/8" Meter...................... .$120.00 2. 1" Meter........................ .$215.00 3. 1-1/2" Meter..................... $410.00 4. Special sizes....................Cost plus handling SECTION 4 UNIT CONNECTION CHARGES 1. Residential.....................$1055.00 2. Non-Residential, Per REC........$527.50/unit or $5275.00/A, whichever is higher SECTION 5 WATER USAGE RATES 1. Billed Quarterly................$5.00 + .94/1000 gallons 2. Minimum Per Quarter.............$7.00 3. Penalty/Late Payment............10% SECTION 6 The rates charges as shown shall be effective January 1, 1990. Adopted by the City Council as a Regular Meeting this 2nd day of January , 1990. CITY OF ANDOVER / , ATTEST: ,[~1æ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA ",- STATE OF MINNESOTA RES. NO. 005-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ESTABLISHING SANITARY SEWER RATES AND SANITARY SEWER CONNECTION CHARGES, TO BE EFFECTIVE JANUARY 1, 1990 PURSUANT TO ORDINANCE NO. 32, RESOLUTION NO. R68-81, 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 ConnE!ction Charges are hereby established to be effective January 1, 1990 as follows: Sanitary Sewer Fund A $698.15/unit connection Connection Charges: sanitar¥ Sewer Fund B $232.79/unit connection Connect~on Charges: Sanitary Sewer Area Charges $912/acre /', A unit shall be as defined in Ordinance No. 32, or by determination of the Metropolitan Waste Control Commission. MOTION seconded by Councilman Perry and adopted by the City Council at a Regular Meeting thi s 2nd day of January , 1990, with Councilmen Elling, Jacobson. Knight, Orttel, Perry voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declarE!d passed. CITY OF ANDOVER ATTEST: Ú:;~ {d Victoria Vol - City Clerk CITY OF ANDOVER , COUNTY OF ANOKA ~/ STATE OF MINNESOTA RES. NO. 006-90 A RESOLUTION CHANGING THE DUE DATE OF MUNICIPAL WATER, SEWER AND STREET LIGHTING BILLS. WHEREAS, the City of Andover bills its residents for municipal water, sewer, and street lighting charges on a quarterly basis; and WHEREAS, the City currently requires payment prior to the last day of the month in which the bills are mailed; and WHEREAS, City ordinances allow the imposition of a ten percent (10%) late penalty for payments received after this due date; and WHEREAS, the City desires to allow its residents additional time to pay prior to imposition of the penalty. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the due date for billings of municipal water, sewer and street lighting charges shall be set at thrE!e (3) weeks from the date of mailing. BE IT FURTHER RESOLVED that this new due date shall be effective for all municipal water, sewer and street lighting billings dated after January 2, 1990. Adopted by the City Council of the City of Andover this 2nd day of January, 1990 . CITY OF ANDOVER ATTEST: L~ £¿¿ Victoria Volk, City Clerk / , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 007-90 /- \ / MOTION by Councilman Orttel to adopt the fOllowing: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREETS, PROJECT NO. 89-25 IN THE MOORE'S EsTATEs/158TH AVENUE AREA. WHEREAS, pursuant to Resolution No. 192-89, adopted the 11th day of November, 1989, a Feasibility Report has been prepared by Bonestroo, Rosene & Anderlik for the improvements; and WHEREAS, such report was received by the City Council on the 2nd day of January, 1990; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $97,410.00. 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. 89-25, 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 $97,410.00. 3. A public hearing shall be held on such proposed improvement on the 6th day of February ,19 90 in the Council Chambers of the City Hall at 7:30 1.m. and the Clerk shall give mailed and published notice 0 such hearing and improvement as required by law. MOTION seconded by Councilman Knight and adopted by the City Council at a Meeting this 2nd day of January , 19 90 , wi th Councilmen Elling, Perry, Jacobson, Orttel, Knight voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ ¡¿¿ Victoria Vo1k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 008-90 '-..,./ A RESOLUTION ACCEPTING CROOKED LAKE BOULEVARD BETWEEN 133RD AVENUE NW AND BUNKER LAKE BOULEVARD IN SECTION 33, TOWNSHIP 32, RANGE 24. WHEREAS, the agreement indicates the City of Andover will take over as a local roadway, that portion of Crooked Lake Boulevard, previously known as County State Aid Highway Number 18, between 133rd Avenue NW and Bunker Lake Boulevard. WHEREAS, the County has agreed to make certain drainage repairs as outlined in their letter of January 16, 1990. NOW, THEREFORE, BE IT RESOLVED by the city Council that the roadway known as Crooked Lake Boulevard, formerly known as County State Aid Highway Number 18, between 133rd Avenue NW and Bunker Lake Boulevard, 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 Crooked Lake Boulevard from the County of Anoka. Passed by the City Council of the City of Andover this 16th day of January , 1990. CITY OF ANDOVER ATTEST: ~. ~~f& Vic 6r1a Volk, City Clerk " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 009-90 \""../ A RESOLUTION REVOKING CROSSTOWN BOULEVARD (CsAH 18) BETWEEN 133RD AVENUE NW AND BUNKER LAKE BOULEVARD IN SECTION 33-32-24. WHEREAS, the agreement indicates the County of Anoka will take over Crosstown Boulevard (CsAH 18) between 133rd Avenue NW and Bunker Lake Boulevard (County Road 116). NOW, THEREFORE, BE IT RESOLVED by the City Council the roadway known as Crosstown Boulevard between 133rd Avenue NW and Bunker Lake Boulevard be in ownership of the County of Anoka. BE IT FURTHER RESOLVED that the County of Anoka accepts the right-of-way and responsibility of maintenance and repair of said Crosstown Boulevard from the City of Andover. Passed by the City Council of the City of Andover this 16th day of January , 1990. CITY OF ANDOVER ATTEST: or LLj~ Victoria Volk - City Clerk , \ " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 010-90 , A RESOLUTION APPROVING THE FINAL PLAT OF KENSINGTON ESTATES 5TH ADDITION AS BEING DEVELOPED BY JERRY AND CAROL WINDSCHITL IN SECTION 27-32-24. WHEREAS, the City Council approved the preliminary plat of Kensington Estates 5th Addition; and WHEREAS, the developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, Coon Creek Watershed District or any other agency that is interested in the site. WHEREAS, the developer has presented the final plat of Kensington Estates 5th Addition; and 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 Kensington Estates 5th 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 and/or surveyor that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street lights costs to be paid to Anoka Electric Cooperative. 6. Revised grading plan if needE!d by the City. BE IT FURTHER RESOLVED citing the following: 1. Variance from Ordinance 8, Section 6.02 for Lots 2 and 3, Block 1 and Lots 5, 6, 10 and 23 of Block 3 as these lots do not meet the lot depth minimum of 130 feet. / 2. A variance from Ordinance 10, Section 9.03 for 141st Lane " , NW east of Quinn Street NW as the length exceeds the maximum allowed of 500 feet. Cul-de-sac length is ./ approximately 515 feet. 3. The developer has paid in full the park dedication for the entire plat. 4. If an alternate bid for improvements (sewer, water, etc. ) is requested, additional easements may be required prior to bid award. Adopted by thE! City Council of the City of Andover this 16th day of January , 19 90 . CITY OF ANDOVER ATTEST: £~ Mayor ~f¿¿ Victorla Volk, City Clerk \, , CITY OF ANDOVER , COUNTY OF ANORA " STATE OF MINNESOTA RES. NO. 011-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FOREST LAKE CONTRACTING FOR PROJECT NO. 87-12 FOR THE IMPROVEMENT OF STREET AND STORM DRAINAGE COST IN THE FOLLOWING AREA: WOBEGON WOODS. WHEREAS, pursuant to a written contract signed with the City of Andover on October 7, 1987, Forest Lake Contracting, Inc. of Forest Lake, Minnesota has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota. 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 16th day of January , 19 90 , with Councilmen Jacobson, Elling, Knight, Orttel, Perry voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~i& victoria Volk -City Clerk "r \ CITY OF ANDOVER ¡/ COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 012-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO DREsEL CONTRACTING, INC. FOR PROJECT NO. 88-9 FOR THE IMPROVEMENT OF STREET AND STORM DRAINAGE CONSTRUCTION IN THE FOLLOWING AREA:TULIP STREET - 157TH AVENUE TO 161ST AVENUE. WHEREAS, pursuant to a written contract signed with the City of Andover on July 27, 1988, Dresel Contracting, Inc. of Forest Lake, Minnesota has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota. The work completed under said contract is hereby accepted and approved; and BE IT FURTHEJ1. 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 16th day of January , 19 90 , with Councilmen Knight, Elling, Jacobson, Orttel, Perry voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: lng ~tI~ Victoria Volk -City Clerk CITY OF ANDOVER , COUNTY OF ANOKA \, STATE OF MINNESOTA J1.ES. NO. 013-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO DREsEL CONTRACTING, INC. FOR PROJECT NO. 88-10 FOR THE IMPROVEMENT OF STREET AND STORM DRAINAGE CONSTRUCTION IN THE FOLLOWING AREA: UNIVERSITY AVENUE - ANDOVER BLVD TO 152ND AVENUE. WHEREAS, pursuant to a written contract signed with the City of Andover on July 27, 1988, Dresel Contracting, Inc. of Forest Lake, Minnesota has satisfactorily completed the construction in accordance with such contract. NOW, THEJ1.EFORE, BE IT RESOLVED by the City Council of Andover, Minnesota. 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 16th day of January , 19 90 , with Councilmen Orttel. Perrv. Ellina. Kniaht. Jacobson (present) voting in favor of the resolution, and Councilmen nonp voting against, whereupon said resolution was passed. CITY OF ANDOVER , ,~fdt ~ ATTEST: 1ng - May01 ~ Jr&; victor1a volk -City Clerk " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 014-90 A RESOLUTION AUTHORIZING THE CITY TO OBTAIN EXCESS LIABILITY COVERAGE AND NOT WAIVING THE STATUTORY LIMITS. WHEREAS, Minnesota Statutes Section 466.04 provides a limit of liability for the City of Andover of $600,000 per occurrence; and WHEREAS, the City of Andover deems it in their best interest to obtain insurance in excess of the monetary limits established by Minnesota Statutes sE!ction 466.04 in order to protect itself from potential losses which may not be covered by thesE! limits. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City obtain excess insurance coverage as offered by the League of Minnesota Cities Insurance Trust; and BE IT FURTHEJ1. RESOLVED that the City does not waive the statutory liability limit as established by Minnesota Statute Section 466.04. Adopted by the City Council of the City of Andover this 16th day of January , 1990. CITY OF ANDOVER ATTEST: ~id Victoria Volk - City Clerk ~, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 015-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPOJ1.T FOR THE IMPROVEMENTS OF STREET CONSTRUCTION, PROJECT NO. 90-2 IN THE 164TH AVENUE/163RD LANE/JONQUIL STREET AREA. WHEREAS, the City Council has received a petition, dated December 22, 1989, 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 BRA and they are instructed to provide the city Council with a /" feasibility report. MOTION seconded by Councilman Perry and adopted by t~e City Council at a Regular Meeting this 16th day of January , 19~, with Councilmen Jacobson. Ellinq. Kniqht. Orttel. Perrv voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~¡# victor1a Yolk - City Clerk \ ! CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 016-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREET WITH CONCRETE CURB AND GUTTER, PROJECT NO. 90-3, IN THE KENSINGTON ESTATES 5TH ADDITION AREA. WHEREAS, the City Council has received a petition, dated January 10, 1990, requesting the construction of improvements; and WHEREAS, such petition has been validated to represE!nt the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $0. 3. The proposed improvement is hereby referred to TKDA, and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman Perry and adopted by the City Council at a Regular Meeting this 16th day of January , 19 90 , with Councilmen Elling, Jacobson, Knight, Orttel, Perry voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1ng ~£a victoria volk - City Clerk , , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 017-90 MOTION by Councilman orttel to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 90-3 FOR WATERMAIN, SANITARY SEWER, sTOJ1.M DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER IN THE FOLLOWING AREA KENSINGTON ESTATES 5TH ADDITION. WHEREAS, the City Council did on the 16th day of January, 1990, 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 10th day of January, 1990; 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 $340,000.00. 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 $340,000.00, waive the Public Hearing and order improvements. BE IT FURTHER J1.EsOLVED 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 $5,000.00 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 16th day of January , 19 90 wi th Councilmen Jacobson, Knight, Elling, Ortte1, Perry voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ATTEST: ¡Z;~ ~ Victorla Vol - City Clerk \, / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO.R018-90 MOTION by Councilman Knight adopt the following: A RESOLUTION TERMINATING THE IMPROVEMENT OF STREET CONSTRUCTION, PROJECT NO. 89-25 IN THE MOORE'S EsTATEs/158TH AVENUE AREA. WHEREAS, the City Council held a Public Hearing on February 6, 1990; and WHEREAS, all persons desiring to be heard were given such opportunity for same. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby terminates further consideration of project 89-25. MOTION seconded by Councilman Jacobson and adopted by the City Council at a regular meeting this 6th day of February, 19 90 , with Councilmen Orttel, Perry, Elling, Knight, Jacobson , voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: Ú~ÚL Victoria Volk - City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 019-90 "'.._.J MOTION by Councilman Orttel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPJ1.0VEMENTs OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER , PROJECT NO. 90-5 , IN THE HIDDEN CREEK 3RD ADDITION AREA. WHEREAS, the City Council has received a petition, dated January 30, 1990 , 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 , , and they are instructed to provide the City Council with a , feasibility report. , , MOTION seconded by Councilman Jacobson and adopted by the City Council at a reqular Meeting thi s 6th day of February , 19 qn , with Councilmen Knight. Perry. Elling. Orttel. Jacobson voting in favor of the resolution, and Counci Imen nnnp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 11~~[~ 1ng - Mayor Ú~ ¡J;æ Victoria Yolk - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 020-90 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREET CONSTRUCTION (OVERLAY), PJ1.0JECT NO. 89-19 IN THE RUM RIVER FOJ1.EsT AREA. WHEREAS, pursuant to Resolution No. R054-88, adopted the 12th day of April, 1988, a Feasibility Report has been prepared by Bonestroo, Rosene, Anderlik & Associates for the improvements; and WHEREAS, such report was received by the City Council on the 6th day of February, 1990; and WHEREAS, such rE!port declared the proposed improvement to be feasible for an estimated cost of $148,800.00 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: l. The City Council hereby accepts the Feasibility Report for project No. 89-19, 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 $148,800.00 . 3. A public hearing shall be held on such proposed improvement on the 6th day of March, 1990 in the Council Chambers of the City Hall at 7:30 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilman Orttel and adopted by the City Council at a Regular Meeting this 6th day of February , 1990, with Councilmen Elling, Knight, Orttel, Jacobson, Perry voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~ng, ATTEST: Li-uJ !db Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 021-90 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREET CONSTRUCTION (OVERLAY), PROJECT NO. 89-26 IN THE LAKERIDGE LAKESIDE AREA. WHEREAS, pursuant to Resolution No. R054-88, adopted the 12th day of April, 1988, a Feasibility Report has been prepared by Bonestroo, Rosene, Anderlik & Associates for the improvements; and WHEREAS, such report was received by the City Council on the 6th day of February, 1990; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $266,570.00. 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. 89-26, 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 $266,570.00 . 3. A public hearing shall be held on such proposed improvement on the 6th day of March, 1990 in the Council Chambers of the City Hall at 7:30 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilman Orttel and adopted by the City Council at a Regular Meeting this 6th day of February , 1990, with Councilmen Elling, Knight, Orttel, Jacobson, Perry voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER r ATTEST: ~~ Vlctorla Vo , Clty C er CITY OF ANDOVEJ1. COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 022-90 ? \ - MOTION by Councilman Jacobson to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREET CONSTRUCTION (OVERLAY), PROJECT NO. 89-27 IN THE NJORDMARK-DALE AREA. WHEREAS, pursuant to Resolution No. R054-88, adopted the 12th day of April, 1988, a Feasibility Report has been prepared by Bonestroo, Rosene, Anderlik & Associates for the improvements; and WHEREAS, such report was received by the City Council on the 6th day of February, 1990; and WHEREAS, such rE!port declared the proposed improvement to be feasible for an estimated cost of $35,100.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for project No. 89-27, for the improvements. 2. The Còuncil 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 $35,100.00 . 3 . A public hearing shall be held on such proposed improvement on the 6th day of March , 1990 in the Council Chambers of the City Hall at 7:30 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilman Orttel and adopted by the City Council at a Regular Meeting thi s 6th day of February , 1990, with Councilmen Elling, Knight, Orttel, Jacobson, Perry voting in favor of the resolution, and councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: .... £4J td VIctorIa Volk, City Clerk <';~'~'Y UF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 023-90 '-- / A RESOLUTION ESTABLISHING PERMIT FEES AND SERVICE CHARGES TO BE COLLECTED. BY THE CITY OF ANDOVER AND AMENDING RESOLUTION NO. 029-87 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 20.00 Heating Installations 15.00 Air Conditioning Installations 10.00 Plumbing (per opening) 4.00 (minimum fee) 10.00 On-Site Septic System Installation 25.00 Sanitary Sewer Installation 25.00 Septic System pumping 2.50 Water Installation (public) 50.00 Agricultural Building 5.00 Footing to Grade 10.00 The permit fee schedule for the Building Department for 1990 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 modified 1982 Uniform Building Code Schedule 3A. (The above fees apply to repairs and alterations requiring inspections as well as all new installations). SERVICE CHARGES Well & Septic Locate $30.00/hr. Special Assessment Searches 5.00 City Maps 1. 00 zoning Maps 3.00 Copies (per sheet) .20 Wage Assignments 3.00 Ordinance 8 3.00 Ordinance 10 2.00 All other ordinances 1. 00 Notary 3.00 Bad check fee 10.00 Adopted by the City Council of the City of Andover this 8th day of f " February 1990. , eIT ATlT: L ~ !/b Victorla Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA ',-/,o STATE OF MINNESOTA RES. NO. 023A-90 A RESOLUTION APPROVING THE AMENDED SPECIAL USE PERMIT REQUEST OF ANDOVER WHEEL AND FRAME INC. TO ALLOW AN EXPANSION OF A REPAIR GARAGE IN AN "I" INDUSTRIAL DISTRICT ON PROPERTY DESCRIBED AS: THE EAST 268.0 FEET OF LOT 12, WATTS GARDEN ACRES, ANOKA COUNTY, MINNESOTA, SUBJECT TO EASEMENTS OF RECORD. WHEREAS, Andover Wheel and Frame Inc. has applied for an amended Special Use Permit to allow for the expansion of an Repair Garage in an flI" Industrial District, per Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Andover Planning and zoning Commission reviewed the request and held a public hearing at their February 13, 1990 meeting, and no public opposition was heard; and WHEREAS, the Ci ty Council found that the request will not have a significant detrimental effect on the health, safety, morals and general welfare of the community; and WHEREAS, the Council found that the request will not have a significant negative effect on property values or scenic views in the area; and WHEREAS, the Council found that the request will not have a significant negative effect on the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the amended Special Use Permit request to allow for the expansion of an Repair Garage in an "I" Industrial District, per Ordinance 8, Sections 5.03 and 7.03; on the following described property: The east 268.0 feet of Lot 12, watts Garden Acres, Anoka County, Minnesota, subject to easements of record. The City Council has agreed to the following conditions for the permit: 1. The building and site plans shall be approved by the Andover Review Committee prior to construction. 2. The exterior storage of vehicles under repair be limited to the rear storage area west of the proposed building. 3. The Special Use Permit will be reviewed annually to ensure compliance with all City Ordinances. ,/ Page 2 Andover Wheel and Frame '--" Amended SUP February 20, 1990 4 . The Special Use Permit shall be null and void if the applicant does not commence construction within 12 months of the approval of the permit. Adopted by the City Council of the City of Andover this 20th day of February, 1990. CITY OF ANDOVER ATTEST: £2;~ f¿¿ V1ctor1a Volk - City Clerk ,.---~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 024-90 , ,/ MOTION by Councilman Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM DRAINAGE FOR IMPROVEMENT PROJECT NO. 88-1 FOR CERTIFICATION. 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 improvement of Storm Drainage, project No. 88-1. 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 proppsed 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, 1991 and shall bear interest at the rate of 8.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1992. To each subsequent installment when due shall be added interest for one year on all unpaid installments. I " 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be madE! before October 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilman Perry and adopted by the City Council at a Continued Regular Meeting this 8th day of February , 1990, with Councilmen Elling, Jacobson, Perry, Knight (absent) voting in favor of the resolution, and Councilmen Orttel voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: é µ~JÚ Victorla Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA ..~_/ STATE OF MINNESOTA RES. NO. 024A-90 A RESOLUTION REQUESTING ANOKA COUNTY CONSTRUCT A GRADE SEPARATION OVER THE BURLINGTON NORTHERN RAILROAD IN ANDOVER. WHEREAS, the City of Andover is growing rapidly; and WHEREAS, the Burlington Northern Railroad creates a barrier within the City for police, fire and rescue operation; and WHEREAS, there isn't a good east-west route without the railroad being a barrier between Trunk Highway 10 and the north boundary of Anoka County. NOW, THEREFORE, BE IT RESOLVED that the Andover City Council request Anoka County to make a grade separation with Burlington Northern Railroad a part of their 2010 plan and that the County consider the separation using the following road alignment priorities: 1st choice - Bunker Lake Boulevard, 2nd choice - Crosstown Boulevard, 3rd choice - Andover Boulevard, and 4th choice - CsAH 20 (161st Avenue). ¡' PASSED by the City Council of the City of Andover this 20th day of Februarv , 1990. CITY OF ANDOVER ATTEST: ~¡LL Victoria Volk - City Clerk ( " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " RES. NO. 025-90 MOTION by Councilman Kniqht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 90-3, KENSINGTON ESTATES 5TH ADDITION FOR WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER CONSTRUCTION. WHEREAS, pursuant to Resolution No. R017-90, adopted by the City Council on the 16th day of Januar¥ ,1989, TKDA 90-3 has prepared final plans and specif~cations for project for Watermain, Sanitary Sewer, Storm Drain, and Streets with concrete curb and gutter construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of February , 1989. 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 A.M. , Friday , March 16 , 19~ at the Andover City Hall. MOTION seconded by Councilman Jacobson and adopted by the City Council at a Regular Meeting this 20th day of February , 192Q, with Councilmen Elling, Perry, Orttel, Kniqht, Jacobson voting in favor of the resolution and Councilmen None voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 'Úi2 1414 Mayo Victor~a Volk - City Clerk J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R026-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREETS, PROJECT NO. 90-2 IN THE 164TH AVENUE, JONQUIL STREET AND 163RD AVENUE AREA. WHEREAS, pursuant to Resolution No. 015-90, adopted the 16th day of January 1990, a Feasibility Report has been prepared by Bonestroo, Rosene & Anderlik for the improvements; and WHEREAS, such report was received by the City Council on the 20th day of February 1990; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $81,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $81,000.00. 2. A public hearing shall be held on such proposed improvement on the 20th day of March 1990 in the Council Chambers of the City Hall at 7:30 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilman Jacobson and adopted by the City Council at a Regular meeting thi s 20th day of Februar.y , 1990 with Councilmen Orttel, Elling, Perry, Knight, Jacobson voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. OF ANDOVER Attest: r ' µ~ ILb - Mayor / V1ctor1a Volk - City Clerk j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 27-90 A RESOLUTION ESTABLISHING THE 1990 WATER AND SEWER FUND BUDGETS. WHEREAS, the City of Andover water and sewer systems are supported primarily by users through the payment of user fees; and WHEREAS, the City of Andover has the desire and responsibility to appropriately and efficiently manage the use of these fees; and WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice and a proven method for planning and monitoring financial progress. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby establishes the 1990 Water Fund budget as submitted with revenues and expenditures totaling $238,025. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 1990 Sewer Fund Budget as submitted with revenues and expenditures totaling $319,357. Adopted by the City Council of the City of Andover on this 20th day of February , 1990. CITY OF ANDOVER ATTEST: ~ÚL Victoria Volk - City Clerk / '-, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 028-90 A RESOLUTION ESTABLISHING SANITARY SEWER RATES AND SANITARY SEWER CONNECTION CHARGES, TO BE EFFECTIVE JANUAJ1.Y 1, 1990 PURSUANT TO ORDINANCE NO. 32, RESOLUTION NO. R68-81, 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, 1990 as follows: Sanitary Sewer Fund A $$8.00/month/unit Sanitary Sewer Fund B $12.00/month/unit Connection Charges $232.79/unit connection Sanitary Sewer Area Charges $912/acre A unit shall be as defined in Ordinance No. 32, or by dE!termination of the Metropolitan Waste Control Commission. PASSED by the City Council of the City of Andover this 20th day of February , 1990. CITY OF ANDOVER ATTEST: (a [~/ !Æ \..... victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. R 029-90 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF JAMES AND PAMELA DEAL ON THE PROPERTIES GENERALLY DESCRIBED AS TRACTS G AND H, REGISTERED LAND SURVEY NO. 72, and GRANTING A VARIANCE AS TO LOT AREA ON PARCELS B AND C. WHEREAS, James and Pamela Deal have requested a lot split to create two ( 2 ) lots on Tract G, Registered Land Survey No. 12, for the purpose of convE!yance; and WHEREAS, James and Pamela Deal have requested a lot split to create two ( 2 ) lots on Tract H, J1.egistered Land Survey No. 72, for the purpose of conveyance; and WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8 and 40, except as noted below; and WHEREAS, a public hearing was held and input received; and WHEREAS, the Planning & zoning Commission recommends to the City Council approval of the lot splits requestE!d, with conditions; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission to allow for the splitting of Tracts G and H, Registered Land Survey No. 72, as follows: Parcel A: That part of Tract H, Registered Land Survey No. 72, files of the Registrar of Titles in and for Anoka County, Minnesota lying east of the west 339.95 feet thereof. Subject to driveway easement over the south 15.00 feet thereof. (2.50 acres) Parcel B: The west 339.95 feet of Tract H, Registered Land Survey No. 72, files of the Registrar of Titles in and for Anoka County, Minnesota. Subject to road easement over the west 33.00 feet thereof. (2.258 acres excluding road easement) Parcel c: The west 329.74 feet of Tract G, Registered Land Survey No. 72, files of the Registrar of Titles in and for Anoka County, Minnesota. Subject to road easement over the west 33.00 feet thereof. (2.308 acres excluding road easement) Parcel D: That part of Tract G, Registered Land Survey No. 72, files of the Registrar of Titles in and for Anoka County, Minnesota lying east of the west 329.74 feet thereof. Subject to an easement for driveway purposes over that part of the north 15.00 feet thereof lying east of the northerly E!xtension of the east line of Tract Y said Registered Land Survey No. 72. Also subject to an easement for driveway purposes over that part of / said Tract G lying between the northerly extensions of the east and west lines of said Tract Y. (2.50 acres) BE IT FURTHER RESOLVED that Parcels Band C be granted a variance as to lot area and to allow for the granting of an easement over the west 33.00 feet thereof for road purposes (Makah Street). BE IT FURTHER RESOLVED that Parcels A, D and Tract Y have one ( 1 ) common driveway allowing for access onto CSAH No. 7, said driveway located along and 15.00 feet either side of the common property line of said Parcels A and D, and continuing to the west and south to provide access to Tract Y. BE IT FURTHER RESOLVED that this lot split request is subject to receipt of Park Dedication Fees for each lot as set out in Ordinance Np. 10, Section 9.07; said fees to be paid prior to the conveyance and recording of said Parcels, A, B, C and D. Adopted by the City Council of the city of Andover this 6th day of March, 1990. CITY OF ANDOVER ATTEST: ~,~ iIb Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 030-90 MOTION by Councilman 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 90-5 FOR WATERMAIN, SANITARY 5 EWEJ1. , STORM DRAIN AND STREET WITH CONCRETE CURB AND GUTTER IN THE FOLLOWING AREA HIDDEN CREEK EAST 3RD ADDITION. WHEREAS, the City Council did on the 6th day of February, 1990, 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 March, 1990; and WHEREAS, the propE!rty 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 $323,570.00. 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 $323,570.00, 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 Orttel and adopted by the City Council at a Reaular Meeting this 6th day of March , 19-2Q, with Councilmen Ellinq, Kniqht, Perry, Jacobson, Orttel voting in favor of the resolution and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A7~ ÙÞ ,~'tIf¡&f.th,o, Victoria Volk - City Clerk /"" CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031-90 A RESOLUTION APPROVING THE FINAL GRADING AND STREET CONSTRUCTION OF 157TH LANE IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15-32-24. WHEREAS, the street has been constructed to the City of Andover's specifications at the date of construction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final grading and street construction of 157th Lane NW. Adopted by the City Council of the City of Andover this 6th day of March , 1990. CITY OF ANDOVER J.ng, ATTEST: j~c~ ~¿L Victoria vol , City Clerk CITY OF ANDOVER COUNTY OF ANOKA ,,' STATE OF MINNESOTA RES. NO. R032 -90 A RESOLUTION DESIGNATING MILLER & SCHROEDER FINANCIAL, INC. AS A SUPPLEMENTAL DEPOSITORY FOR INVESTMENT PURPOSES. WHEREAS, Minnesota Statutes, Section 118 sets forth the procedures for the deposit of public funds and requires the Andover City Council to annually designate official depositories and supplemental depositories for investment purposes; and WHEREAS, the City Council of the City of Andover has previously adopted Resolution No. 001-90 designating which depositories may be used for investment purposes in 1990; and WHEREAS, the City desires to add Miller & Schroeder Financial, Inc. to the list of supplemental depositories for investment purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that Miller & Schroeder Financial, Inc. is designated as an supplemental depository for 1990 for investment purposes only. Adopted by the City Council of the City of Andover on this 6th day of March , 1990. CITY OF ANDOVER , ATTEST: Ú4J lø Victoria Yolk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R033-90 WHEREAS, almost twenty years ago more than twenty million Americans joined together on Earth Day in a demonstration of concern for the environment and their collective action resulted in a passage of sweeping new laws to protect our air, water and land; and WHEREAS, in the nineteen years since the first Earth Day, despite environmental improvements, the environmental health of the planet is increasingly endangered, threatened by Global Climate Change, Ozone Depletion, Growing World Population, Tropical Deforestation, Ocean Pollution, Toxic Wastes, Desertification, and Nuclear Waste requiring action by all sectors of society; and WHEREAS, Earth Day 1990 activities and events will educate all citizens on the importance of acting in an environ- mentally sensitive fashion by recycling, conserving energy and water, using efficient transportation, and adopting more ecologically sound lifestyles; and WHEREAS, Earth Day 1990 will educate all citizens on the importance of doing business with companies that are environmentally sensitive and responsible; and WHEREAS, Earth Day 1990 will educate all citizens on the importance of voting for those candidates who demonstrate an abiding concern for the environment; and WHEREAS, Earth Day 1990 will educate all citizens on the importance of supporting the passage of legislation that will help protect the environment. NOW, THEREFORE, BE IT J1.EsOLVED that the City Council of the City of Andover designate and proclaim April 22, 1990 as Earth Day 1990 and that that day be set aside for public activities promoting preservation of the global environment and launching the "Decade of the Environment". CITY OF ANDOVER ATTEST: 1ng, Mayo ,£;é~ La Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R034-90 MOTION by Councilman Kniqht to adopt the following: A RESOLUTION OJ1.DERING THE IMPROVEMENT OF STREET CONSTRUCTION , PJ1.0JECT NO. 90-2 IN THE 164TH AVENUE/163RD LANE/JONQUIL STREET AREA AND DIJ1.ECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 026-90 of the City Council adopted on the 20th day of February , 1990 , fixed a date for a public hearìï1gÏ and WHEREAS, pursJant to the required published and mailed notice, such hearing was held on the 20th day of March , 19 90 ; arid WHEREAS, all pE!rsons 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. 90-2 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate B!1-A as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilman Ort-rpl and adopted by the City Council at a Reqular Meeting this ?0t-11 day of March , 19 90 , with Councilmen Jacobson. Elling. Perry. Knight, Ort-t-pl voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: L~ ¡{æ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 035-90 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF MICHAEL G. WALKER AT 1640 NW 177TH AVENUE and GRANTING A VARIANCE FOR SETBACK ALONG A MAJOR ARTERIAL. WHEREAS, Michael G. Walker (Ward Lake Contracting) has requested a lot split to create two ( 2 ) parcels of land pursuant to Ordinance No. 40 and Ordinance No 8; and WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinances No. 8 and 40, except as noted below; and WHEREAS, a public hearing was held and no public input was received, and WHEREAS, it is the recommendation of the Planning Commission that said lot split request be granted, with the conditions, 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 splitting of the property legally described as: The east 418.24 feet of the north 30 acres of all that part of the SE 1/4 of Section 3-32-24, Anoka County, MN, which lies east of the center line of the natural watercourse or ditch now running through said quarter section a/k/a County Ditch No. 71, said distances being measured along the north line of said sE 1/4, reserving an easement for road purposes over the north 33 feet thereof (subject to easement, restrictions and reservations of record, if any, into two (2 ) parcels: Parcel A consisting of approximately 3.51 acres of land, and Parcel B consisting of approximately 5.85 acres of land; and BE IT FURTHER RESOLVED that said lot split request is approved with the following conditions: 1. That the two ( 2 ) parcels created meet Ordinance No. 8, Section 6.02, as to width, depth and area. 2. That a variance be granted as it relates to setbacks along any Major Arterial Street; said variance caused by the creation of Hanson Boulevard along the east side of said Parcel A making them non-conforming structures, pursuant to Ordinance No. 8, Section 6.02. 3. That all construction equipment and vehicles parked on Parcel B be removed; and further, that said equipment not be stored on Parcel A, pursuant to Ordinance No. 8, Section 8.01 and 8.02, and Ordinance No. 40, Section 3 (A). 4. That the road easement along the north edge of Parcel A (known as 177th Avenue) be deeded to the City for road purposes, pursuant to Ordinance No. 10, Section 9.06. 5. That payment of Park Dedication fees be made to the city as set out in Ordinance No. 10, Section 9.07, based on the recommendation of the Park Commission; said fees to be paid prior to the conveyance and recording of said Parcels A and B as proposed. 6. That a corrected drawing and appropriate deeds be provided to the City reflecting the correct property lines, lot areas, easements and legal descriptions. 7. That said lot split request be completed within twelve (12) months from the date of approval, including preparation and recording of all deeds and payment of park dedication fees; that failure to complete this request within twelve (12 ) months would rE!nder the rE!quest null and void. Adopted by the City Council of the City of Andover this 20th day of March, 1990. ANDOVER ATTEST: b;~ l4 Victor~a Volk, C~ty Clerk CITY OF ANDOVER COUNTY OF ANOKA "'-.---j STATE OF MINNESOTA RESOLUTION NO. 036 -90 A RESOLUTION GRANTING A SPECIAL USE PERMIT TO US WEST NEWVECTOR GROUP TO ERECT AN ANTENNA TOWER IN EXCESS OF 35 FEET. WHEREAS, the Planning Commission considered the request of US West NewVector Group to erect a two hundred (200') foot antenna tower for the purpose of cellular communications and paging systems on the property located at Lot 2, Block 1, Westview Industrial Park, more specifically described as: The north 75 feet of the east 90 feet, together with an easement for ingress and egress over the northerly 14' od the westerly 190' and the northerly 19' of the easterly 120.42' of said Lot 2; and WHEREAS, said request was considered pursuant to Ordinance No. 8, Sections 5.03 and 7.03 as to applicability and compliance; and WHEREAS, it was the determination of the Planning Commission that said Special Use Permit request would not be detrimental to the surounding properties, would not have a negative impact of r. the property values of the surrounding properties nor would it impair the scenic qualities of the surrounding properties, and that the request would not be contrary to the spirit and intent of the Comprehensive Plan; NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Andover agrees with the conclusions and recommendations of the Planning Commission as stated above; and BE IT FURTHER RESOLVED that a Special Use Permit be granted with the following conditions: 1. That construction commence within two ( 2 ) years from the granting of said Special Use Permit; 2. That a set of engineering specifications be filed with the Engineering Department prior to construction; 3. That an annual inspection of the tower be completed by the applicant and a certificate showing the results of the inspection be filed with the City; 4. That the purpose of the antenna tower is for conducting cellular communiations and paging systems and that it not be leased for other purposes; 5. That an annual review of the Special Use Permit be completed by the City to insure compliance with the provisions set out herein; and 6. That the building plans be reviewed and approved by the Andover Review Committee prior to commencement of construction. Adopted by the City Council of the City of Andover this 20th day of March, 1990. CITY OF ANDOVER ATTEST: ~ ~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA - , ,/ J1.Es. NO.037-90 MOTION by Councilman Ortte1 to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 90-3 FOR WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREET CONSTRUCTION IN THE AREA OF KENSINGTON ESTATES 5TH ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 025-90, dated February 20, 1990, bids were received, opened and tabulated according to law with results as follows: BASE BID ALTERNATE BID o & P Contracting $182,241.12 $184,339.12 Mille Lacs Contracting $186,794.97 $190,288.97 S.J. Louis Construction $188,613.64 $190,927.24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate as being the apparent low bidder. ) BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with o & P Contractin~ in the amount of lR4 l~q l~ for constructlon of the improvements; án 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 pprry and adopted by the City Council at a Regular Meeting this 20th day of March , 19 ~, with Councilmen Elling, Ortte1, Perry, Kniqht, Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: '-r' tæ - Clty C erk CITY OF ANDOVER COUNTY OF ANOKA , ,/ STATE OF MINNESOTA J1.Es. NO. 038-90 A RESOLUTION APPROVING THE FINAL GRADING FOR LOT 1, BLOCK 4 AND LOT 9, BLOCK 2 OF INDIAN MEADOWS AS BEING DEVELOPED BY NEW GENERATION HOMES IN SECTION 19-32-24. WHEREAS, the developer has completed the grading of Indian Meadows. WHEREAS, the developer has granted to the City of Andover new drainage and utility easements on Lot 1, Block 4 and Lot 9, Block 2, Indian Meadows. WHEREAS, all the requirements of City of Andover Resolution No. R114-89 have been fulfilled by the developer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final grading of Indian Meadows, and declare that the vacation of the previous drainage and utility easements described in Resolution No. R114-89 is now effective. A copy of the description of the easements to be vacated is attached to this Resolution. Adopted by the City Council of the City of Andover this 20th day of March, 1990. CITY OF ANDOVER ATTEST: yor Lt-~ U Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 039-90 '.......j MOTION by Councilman Orttel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN AND SANITARY SEWER , PROJECT NO. 90-6, IN THE 1950 BUNKER LAKE BOULEVARD AJ1.EA. WHEREAS, the City Council has received a petition, dated March 2, 1990 , 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. The proposed improvement is hereby referred to , and they are instructed to provide the City Council with a feasibility report. , ---. MOTION seconded by Councilman Kniqht and adopted by the City Council at a 'Rpgnl;1T Meeting this 20th day of March , 19 90 , with Councilmen Elling, Knight, Jacobson, Perry, Orttel voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~" ~L0 Victor1a vo k - City Clerk ( CITY OF ANDOVER COUNTY OF ANOKA /' STATE OF MINNESOTA RES. NO. 040-90 A RESOLUTION VACATING A DRAINAGE AND UTILITY EASEMENT ON LOT 3, BLOCK 1 IN IVYWOOD ESTATES. WHEREAS, pursuant to published and mailed notice, the City Council has conducted a public hearing on the vacation of drainage and utility easements located in Lot 3, Block 1, Ivywood Estates. WHEREAS, as a result of such hearing and review, the City Council recommends vacation of said drainage and utility easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby vacate the said drainage and utility easements on Lot 3 of Block 1 Ivywood Estates. BE IT FURTHER RESOLVED that these easement vacations will become effective upon receiving the following: 1. Newly described easements of Lot 3, Block 1 of Ivywood Estates. /' Adopted by the City Council of the City of Andover this 3rd day of Al)ril , 1990. CITY OF ANDOVER ATTEST: ~ittt Victoria Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ,-~,' RES. NO. 041-90 A RESOLUTION VACATING A DRAINAGE EASEMENT ON LOT 4, BLOCK 1 IN BARNES ROLLING OAKS 2ND ADDITION. WHEREAS, pursuant to published and mailed notice, the City Council has conducted a public hearing on the vacation of drainage easement located in Lot 4, Block 1, Barnes Rolling Oaks 2nd Addition; and WHEREAS, as a result of such hearing and review, the City Council recommends vacation of said drainage easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby vacate the said attached drainage easement in Lot 4, Block 1, Barnes Rolling Oaks 2nd Addition. Adopted by the City Council of the City of Andover this 3rd day of Apri 1 , 1990. / , CITY OF ANDOVER ATTEST: yor Ú~& Victoria Volk - City Clerk / ., CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R042-90 A RESOLUTION AMENDING THE ASSESSMENT MANUAL FOR THE CITY OF ANDOVER. WHEREAS, the City of Andover currently has an Assessment Manual which contains policies and procedures concerning the imposition of special assessments; and WHEREAS, the City Council wishes to amend such Assessment Manual to provide for the assessment of storm water drainage costs incurred by the City in connection with construction and/or improvement of county roads within the city. NOW, THEREFORE, BE IT RESOLVED as follows: l. That all parcels of land within the benefited area which are buildable on the date of the ordering of the storm water improvement by the City Council shall be assessed One Hundred and no/100 ($100.00) Dollars per parcel. All remaining property which is not buildable but for the storm water improve- ment shall be assessed based upon the special benefit such property receives. Adopted by the City Council of the City of Andover this 3rd day of Apri 1 , 1990 . CITY OF ANDOVER -'\ . . Attest: S1/htvflæ t fL!t J(}S E. E 11ng I City C er CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 043-90 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM DRAINAGE, PROJECT NO. 87-3B. 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, THEJ1.EFORE, 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 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 ,1991 and shall bear interest at a rate of 8.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilman Perry and adopted by the City Council at a Regular Meeting thi s 3rd day of April , 1990, with Councilmen Ellinq. Orttel. Knight. Jacobson. Perry voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER r-' ATTEST: yor &-~h Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 044-90 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; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Andover that the roads described as follows, to wit: -Crooked Lake Boulevard between 133rd Avenue and Bunker Lake Boulevard (0.5 miles) -Bunker Lake Boulevard between Crooked Lake Boulevard and Crosstown Drive (0.19 miles) -Crosstown Drive bE!tween Bunker Lake Boulevard and Crosstown Boulevard (0.42 miles) -Commercial Boulevard between Crosstown Boulevard and Hanson Boulevard (1.0 miles) -Jay Street NW between Commercial Boulevard and 139th Lane (0.62 miles) -139th Lane NW between Jay Street NW and Hanson Boulevard (0.25 miles) In addition, the designations that will be realigned include (requires additional mileage): -149th Avenue NW between Round Lake Boulevard and Crosstown Boulevard (0.35 miles) -177th Avenue between Eidelweiss Street NW and Partridge Street NW (0.03 miles) be, and hereby is 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 FURTHEJ1. 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 that 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: -Crooked Lake Boulevard between 133rd Avenue and Bunker Lake Boulevard (0.5 miles) " / -Bunker Lake Boulevard between Crooked Lake Boulevard and Crosstown Drive (0.19 miles) -Crosstown Drive between Bunker Lake Boulevard and Crosstown Boulevard (0.42 miles) -Commercial Boulevard between Crosstown BoulE!vard and Hanson Boulevard (1.0 miles) -Jay street NW between Commercial BoulE!vard and 139th Lane (0.62 miles) -139th Lane NW between Jay Street NW and Hanson Boulevard (0.25 miles) In addition, the designations that will be realigned include (requires additional mileage): -149th Avenue NW between Round Lake Boulevard and Crosstown Boulevard (0.35 miles) -177th Avenue between Eidelweiss street NW and Partridge street NW (0.03 miles) Adopted by the City Council of the City of Andover this 3rd day of April, 1990. CITY OF ANDOVER ATTEST: ViC~o~ity Clerk CERTIFICATION I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on April 3, 1990. ~Iø Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045-90 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF DAN AND BEVERLY PENN TO ALLOW THE OPERATION OF AND IN-HOME BEAUTY SALON ON THEIR PROPERTY DESCRIBED AS: LOT 4, BLOCK 1, HILLS OF BUNKEJ1. LAKE, ANOKA COUNTY, MINNESOTA. WHEREAS, Dan and Beverly Penn have applied for a Special Use Permit to allow the operation of an in-home beauty salon on the above described property, per Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Andover planning and zoning Commission reviewed the request and held a public hearing at their March 27, 1990 meeting; and WHEREAS, the City Council found that the request will not have a significant detrimental effect on the health, safety, morals and general welfare of the community; and WHEREAS, the Council found that the request will not have a significant negative effect on property values or scenic views in the area; and WHEREAS, the Council found that the request will not have a significant negative effect on the Comprehensive Plan. NOW, THEJ1.EFORE, BE IT J1.EsOLVED, that the City Council of the City of Andover approves the Special Use Permit request of Dan and Beverly Penn to allow the operation of an in-home beauty salon at their property at 1430 137th lane NW. The City Council/has agreed to the following conditions for the permit: 1. The operation shall be limited t a one (1) chair salon/barber shop. 2. The salon/barber shop shall be owner occupied. 3. parking requirements shall be set out in Ordinance 8, Section 8.08 not to exceed three (3) vehicles associated with the operation at anyone time. 4. The salon/barber shop shall comply with the State cosmetology Board and the State Barbers Board requirements and a copy of the license shall be on file with the City of Andover. 5. The hours of operation shall be limited to 8:00 a.m. to 8:00 p.m. Monday through Saturday. 6. Upon the sale of the premises for which the the Special Use Permit was granted, such permit shall terminate. Page 2 Resolution j 7 . The Permit shall be subject to an annual review. 8. The Special Use Permit shall be declared null and void if significant progress is not made within one year of the approval of the permit. 9. The tanning booth will be regulated after further study by the City of Andover. Adopted by the City Council of the City of Andover this 17th day of April, 1990. CITY OF ATTEST: Ú~da Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R046-90 A RESOLUTION CHANGING POLLING PLACE FOR ANDOVER PRECINCT 3. WHEREAS, the facility at the Andover City Hall is inadequate in size for conducting elections; and WHEREAS, the Andover Elementary School meets the requirements of Minnesota Election Laws for a polling place. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to change the polling place for Andover Precinct 3 from the Andover City Hall to the Andover Elementary School located at 14950 Hanson Boulevard N.W. effective immediately. Adopted by the City Council of the City of Andover this 17th day of April , 1990. CITY OF ANDOVER Attest: lng ,LŽ;:;J £tb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 047-90 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO GAMMON BROS. FOR PROJECT NO. 87-6 FOR THE IMPROVEMENT OF GRADING IN THE FOLLOWING AREA: COMMERCIAL PARK. WHEREAS, pursuant to a written contract signed with the City of Andover on September 22, 1987, Gammon Bros. 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. 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 Kniqht and adopted by the City Council at a TP,gnl;:1T Meeting this 17th day of April , 19 90 , with Councilmen Rll ingr Orrt-p]. Perry. Kniqht. Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ¡- - 1& Victo~k -City Clerk /"'--', '-../ CITY OF ANDOVER COUNTY OF ANOKA ""-- ./ STATE OF MINNESOTA RES. NO. 048-90 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO GAMMON BROS. FOR PROJECT NO. 88-1 FOR THE IMPROVEMENT OF STREET CONSTRUCTION IN THE FOLLOWING AREA: CROSSTOWN BOULEVARD TO 140TH AVENUE NW. WHEREAS, pursuant to a written contract signed with the City of Andover on July 19, 1988, Gammon Bros. 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. 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 Orttel and adopted by the City Council at a Reqular Meeting this 17th day of April , 19 qO , with Councilmen Elling, Knight, Perry, Orttel, Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: [We li~ iL ' Victoria V~City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 049-90 " / MOTION by Councilman Perry to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STREETS AND STORM DRAIN FOR PROJECT NO. 89-15, KIRBY ESTATES AND 89-18, SOUTHEAST PART OF WATTS GARDEN ACRES. 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 $36,130.76, and the expenses incurred or to be incurred in the making of such improvement amount to $13,787.50 and work previously done amount to $11,658.00 so that the total cost of the improvement will be $61,576.26 . 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 $61,576.26 . 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 1991, and shall ) bear interest at the rate of 8.5 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 Councilman Jacobson and adopted by the City Council at a regular Meeting this 17th day of April , 1990 , with Councilmen Ellinq, Perry, Knight, Orttel, Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. ATTEST: ~{æ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 050-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREET CONSTRUCTION PROJECT NO. 89-15, KIRBY ESTATES AND 89-18, WATTS GARDEN ACRES. WHEREAS, pursuant to proper notice duly given to the developer, the developer has waived the assessment hearing and the right to appeal, the Council has not heard any objections to the proposed assessment for the improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 1991 and shall bear interest at a rate of 8.5 percent per annum from the date of the adoption of this assessment resolution. 3 . The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilman Perry and adopted by the City Council at a 'Rpg111;::¡r Meeting this 17th day of April , 19 ~, with Councilmen Elling, Knight, Orttel, Jacobson, Perry voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVEJ1. ATTEST: Lt-~ d,¿û victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA --- STATE OF MINNESOTA '--~ RES. NO. 051-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED SUPPLEMENTAL ASSESSMENT FOR THE IMPROVEMENT OF STORM DRAINAGE FOR PROJECT NO. 86-19 . WHEREAS, the City recognizes an error was made on the original assessment roll; and WHEREAS, the Clerk has notified the Council that such proposed supplemental assessment has been completed and filed in her office for public inspection; and WHEREAS, Chapter 429 allows for a supplemental assessment to correct errors. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, MN: 1. A hearing shall be held the 5th day of June, 1990 , 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 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 October 15 or interest will be charged through December 31 of the succeeding year. 4 . An owner is advised that "Senior Citizen Hardship Special Assessment Deferral" pursuant to Minnesota Statutes Sections 435.193 to 435.195 is available. The City of Andover has adopted a resolution establishing guidelines for determining the existence of the hardship. The homeowner shall make application for deferred payment of special assessment on forms prescribed by the City Clerk of Andover. MOTION seconded by Councilman Jacobson and adopted by the city Council at a Regular Meeting this 1st day of May , 1990 , wi th Councilmen Orttel, Perry, Elling voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: £bU Victoria Volk - City Clerk '- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 052-90 ,/ MOTION by Councilman Jacobson to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF SANITARY SEWER AND WATERMAIN, PROJECT NO. 90-6 IN THE LOT 1, WATTS GARDEN ACRES AJ1.EA. WHEREAS, pursuant to Resolution No. R039-90, adopted the 20th day of March , 19 90 ,a Feasibility Report has been prepared by TKDA for the improvements; and WHEREAS, such report was received by the City Council on the 1st day of May , 19 90 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 46,800.00 . 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. 90-6 , 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 $ 46,800.00 . 3. A public hearing shall be held on such proposed improvement on the 15th day of May , 19 90 in thE! Council Chambers of the City Hall at 7:30 ï.m. and the Clerk shall give mailed and published notice 0 such hearing and improvement as required by law. MOTION seconded by Councilman Kniqht and adopted by the City Council at a Reqular Meeting this 1st day of Mav , 19~, with Councilmen Perry. Ellinq. Orttel. Jacobson. Kniqht voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ATTEST: El &~ £¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 053-90 , J MOTION by Councilman orttel to adopt the following: , A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF SIDEWALKS, PROJECT NO. 90-12, IN THE BENT CREEK ESTATES ALONG BUNKER LAKE BOULEVARD AREA. WHEREAS, the City Council of the city of Andover is cognizant of the need for improvements, specifically sidewalks in the following described area: Bent Creek Estates along Bunker Lake Boulevard; 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 Ci ty Council is cognizant of the need for improvements. 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 Councilman Kniqht and adopted by the City Council at a Requ1ar Meeting this 1st day of May , 19 --'!Q... , with Councilmen Perry, E1lina. Jacobson. Ortte1. Kniaht voting in favor of the resolution, and Councilmen Nonp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1ng - Ma r ,~Úb victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 054-90 MOTION by Councilman Ortte1 to adopt the following: A RESOLUTION ORDERING PREPAJ1.ATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF SIDEWALKS, PROJECT NO. 90-13, IN THE CREEKRIDGE ESTATES ALONG SOUTH COON CREEK DRIVE. WHEREAS, the City Council of the city of Andover is cognizant of the need for improvements, specifically sidewalks in the following described area: Creekridge Estates along South Coon Creek Drive; 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 BRA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman Kniqht and adopted by the City Council at a Requ1ar Meeting this 1st day of Mav , 19 --2JL, with Councilmen Perry. E11inq. Jacobson. Ortte1. Kniqht voting in favor of the resolution, and Councilmen Nnnp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ng - Ma r ~£¿¿ Victoria volk - city Clerk /'- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R055-90 A RESOLUTION APPROVING SPEED LIMITS IN THE STENQUIST ADDITION - 159TH AVENUE AREA IN SECTION 18-32-24 PER ATTACHED SPEED LIMIT AUTHORIZATION FROM MNDOT. WHEREAS, speed limit signs are to be placed per the attached MnDOT authorization; and WHEREAS, MnDOT has given authorization to lower the speed limi t. NOW, THEREFORE, BE IT RESOLVED the speed limits be placed in the Stenquist Addition-159th Avenue area contingent upon placing appropriate advance warning signs and dead end signs. Adopted by the City Council of the City of Andover this 1st day of May , 1990. CITY OF ANDOVER ~ ' .~ Attest:,~t0r./ ' Jam7s E. Elling - May r ~Úú U Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R056-90 A RESOLUTION CERTIFYING TO THE COUNTY AUDITOJ1. FOR COLLECTION UNPAID SPECIAL ASSESSMENTS. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to Paragraph D of a Development Contract between the City of Andover and the Developer of Bent Creek Estates, the following charges on attached Exhibit A, (PINs 33 32 24 42 0048, 33 32 24 42 0049, 33 32 24 42 0053, 33 32 24 42 0054 and 33 32 24 42 0055), less escrows held, are hereby certified to the County Auditor to be placed on the tax rolls and collected with the 1991 taxes. " Adopted by the City Council of the City of Andover this 1st day of May , 1990. CITY OF ANDOVER Attest: L~IÆ Victoria Volk, City Clerk j Exhibit A TOTAL TO PAID FROM BE PIN PRINCIPAL INTEREST ESCROW CERTIFIED 33 32 24 42 0048 9,754.92 912.52 2,831.52 $7,835.92 33 32 24 42 0049 9,754.92 912.52 2,831. 52 7,835.92 33 32 24 42 0053 10,744.92 1,005.13 2,831.52 8,918.53 33 32 24 42 0054 10,744.92 1,005.13 2,831.52 8,918.53 33 32 24 42 0055 10,744.92 1,005.13 2,831.52 8,918.53 r ('Ä~ CITY of ANDOVER .., J iI, ~ /i '-:":i'~:" ,!¿;V' ""':;" ·;,"~;'::n;:)',' Date: May 21, 1990 To: vicki Volk From: shi rley Clinton ~ Subject: Bent Creek Estates escrow (#88-20) We are holding an escrow in the following amount for the above: Escrow Amount $13,100.00 plus interest earned thru 5/10/90 1,057.59 $14,157.59 please let me know if the coding for this transfer should be any code other than #88-20 36101. J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 057-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION ORDERING THE PREPARATION OF RIGHT-OF-WAY PLANS FOR PROPOSED PROJECT NO. 90-10 IN THE UNIVERSITY AVENUE FROM 152ND AVENUE TO 157TH AVENUE AREA. WHEREAS, the City of Andover is cognizant of the need for improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order preparation of right-of-way plans for project No. 90-10. 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 Councilman Jacobson and adopted by the City Council at a Requ1ar Meeting this 1st day of May , 19 90 , wi th Counc i Imen Perry, E11inq, " Ortte1. Kniqht. Jacobson voting in favor of the resolution, and Councilmen Non", voting against, whereupon said resolution was declared passed. CITY OF ANDOVER r' ~^ ,,1 ~ ATTEST: }()Y,«:¿7 Ja~es E. El11ng -I, ayor ~h ;/ / Victoria volk - city Clerk CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. 058-90 MOTION by Councilman Il"acoh~on to adopt the following: A RESOLUTION ORDERING THE PREPARATION OF RIGHT-OF-WAY PLANS FOR PROPOSED PROJECT NO. 90-11 IN THE UNIVERSITY AVENUE FROM 157TH AVENUE TO CONSTANCE BOULEVARD AREA. WHEREAS, the City of Andover is cognizant of the need for improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order preparation of right-of-way plans for Project No. 90-11. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Ham Lake's Consultant Comstock-Davis as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilman Knight and adopted by the City Council at a Regular Meeting this 1st day of May , 19 90 , with Councilmen Perry. Ellinq. j Orttel, Jacobson, Kniqht voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ( / 0-~ d¿¿; victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R059-90 A RESOLUTION APPROVING THE VARIANCE TO ORDINANCE 52, SECTION 5.02 REQUEST OF DONALD AND JOYCE ILsE TO ALLOW THE SUBDIVISION AND COMBINATION OF PROPERTY LESS THAN FOUR ACRES WITHIN THE RUM RIVER SCENIC DISTRICT ON PROPERTY DESCRIBED AS LOT 6, BLOCK 3, CEDAR CREST ESTATES SECOND ADDITION, ANOKA COUNTY, MINNESOTA. WHEREAS, Donald and Joyce Ilse have requested a variance to Section 5.02 of Ordinance 52 to allow for the subdivision and combination of property within the Rum River Scenic District; and WHEREAS, the Andover Planning and zoning Commission reviewed the request at their March 27, 1990 meeting, and recommended denial of the request; and WHEREAS, the Ci ty Council reviewed the request at their April 17, 1990 meeting and found that the slope and unique lot shape create a hardship by making the property inaccessible and difficult to maintain properly; and WHEREAS, the hardship is based on the unique physical features of the property including topography, shape or condition of the parcel; and WHEREAS, strict enforcement of the regulations would preclude reasonable use of the property; and WHEREAS, the proposal would reduce the number of nonconforming parcels within the Rum River Scenic District; and WHEJ1.EAs, granting the variance is not contrary to the intent of the Ordinance and would not alter the essential character of the neighborhood. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the variance request of Donald and Joyce Ilse from provisions of Ordinance 52, Section 5.02 to allow for the subdivision and combination of property less than four acres in size in the Rum River Scenic District on property described as: Lot 6, Block 3, Cedar Crest Estates Second Addition, Anoka County, Minnesota, subject to approval from the Minnesota Department of Natural Resources, Division of Waters. BE IT FURTHER RESOLVED, that this approval is contingent upon receipt of the written consent of Mrs. Pletan. Adopted by the City Council of the City of Andover this 1st day of May, 1990. CITY OF ANDOVER ATTEST: / Ú; U~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 06 0-90 A RESOLUTION DETERMINING TO ISSUE BONDS FOR THE PURPOSE OF ACQUISITION OF LAND AND THE CONSTRUCTION THEREON AND EQUIPPING OF TWO NEW FIRE STATIONS AND PROVIDING FOR AN ELECTION THEREON. BE IT RESOLVED by the City Council of the City of Andover, Minnesota as follows: 1. It is hereby determined to issue general obligation bonds for the purpose of providing money for the acquisition of land and the construction thereon and equipping of two new firE! stations. 2. The amount proposed to be borrowed shall not exceed Two Million Five Hundred Thousand and no/100 ($2,500,000.00) Dollars. 3. The proposal to issue such bonds shall be submitted to the voters of the City at a special election to be held on July 17, 1990. The polls shall be opened at 7:00 o'clock a.m. and shall close at 8:00 o'clock p.m. 4. The City Clerk shall give notice of election as required by law two weeks' published notice in the official newspaper. 5. The Clerk shall cause ballots to be printed in substantially the following form: OFFICIAL BALLOT SPECIAL ELECTION CITY OF ANDOVER JULY 17, 1990 Instructions to Voters: Voters desiring to vote in favor of the following proposition shall put an (X) in the square before the word "Yes1l. Voters desiring to vote against the proposition shall put an (X) in the square before the word "No". [ ] Yes Shall the City of Andover issue its general obligation bonds in an amount not exceeding $2,500,000.00 for the purpose of providing money for the [ ] No acquisition of land and the con- struction thereon and equipping of two new fire stations? (Back of Ballot) OFFICIAL BALLOT SPECIAL ELECTION CITY OF ANDOVER City Clerk Judges 6. The City Council shall meet at the City Hall on July 18, 1990 at 7:30 o'clock p.m. to canvass the returns and declare the results of the election. Adopted by the City Council of the City of Andover this 1st day of May , 1990. CITY OF ANDOVER ~UVY -, Attest: Lt~tÚb Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.061-90 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST FOR JEFF'S OUTDOOR FURNITURE TO ALLOW RETAIL SALES IN AN INDUSTRIAL DISTRICT AND OUTDOOR DISPLAY AND SALES ON THE PROPERTY DESCRIBED AS: LOT 4, BLOCK 1, PANKONIN ADDITION, ANOKA COUNTY, MINNESOTA. WHEREAS, Jeff's Outdoor Furniture has applied for a Special Use Permit to allow retail sales in an industrial district and outdoor display and sales on the above described property, per Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission reviewed the request and held a public hearing at their April 24, 1990 meeting; and WHEREAS, the City Council found that the request will not have a significant detrimental effect on the health, safety, morals and general welfare of the community; and WHEREAS, the Council found that the request will not have a significant negative effect on property values or scenic views in the area; and WHEREAS, the Council found that the request will not have a significant negative effect on the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the Special Use Permit request of Jeff's Outdoor Furniture to allow retail sales in an industrial district and outdoor display and sales on the above described property, per Ordinance 8, Sections 5.03 and 7.03; and The City Council agrees to the following conditions for the permit: 1. Retail sales shall be limited to items associated with or constructed on the site. 2. Outdoor display shall be conducted at least twenty (20) feet from the property line. 3 . The Special Use Permit shall be subject to an annual review. 4. The Permit shall be declared null and void if significant progress is not made within one year of approval of the permit. Page 2 Res. 061-90 Adopted by the City Council of the City of Andover this 15th day of May, 1990. CITY OF ANDOVER ATTEST: [2-~ £æ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 062-90 A RESOLUTION REQUESTING THE METROPOLITAN WASTE CONTROL COMMISSION REFUND TO THE CITY OF ANDOVER ALL SEWER AVAILABILITY CHARGES PAID FOR PROPERTIES LOCATED OUTSIDE THE CITY ANTICIPATED YEAR 2000 MUNICIPAL URBAN sEJ1.VICE AREA BOUNDARY. WHEREAS, the City of Andover was required to submit to the Metropolitan Waste Control Commission sewer availability charges collected from 1973 through 1987 regardless of whether the property was served by the sewer system; and i WHEREAS, the Metropolitan Waste Control Commission offered a I refund program to cities to refund the sewer availability charges I which WE!re collected for properties not connected to the sewer system; and WHEREAS, the Metropolitan Waste Control Commission informed the City of Andover that it had no units eligible for the refund program since the Metropolitan Waste Control Commission had not received sewer availability charges for properties not connected to the sewer system; and WHEREAS, based on the above information from Metropolitan Waste Control Commission, the city of Andover took no action in regards to the refund program; and / WHEREAS, the City of Andover has discovered additional information indicating that it had units eligible for the program since the City remitted to the Metropolitan Waste Control Commission all sewer availability charges collected for the period of 1973 through early 1977 and not all properties which paid the sewer availability charge during this period are connected to the sewer system; and WHEREAS, the city of Andover believes that the amount paid by these persons totals approximately $30,000. i I I NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby requests the Metropolitan Waste Control Commission refund to the City the sewer availability charges remitted to the Metropolitan Waste Control Commission during the period mentioned above for properties located outside the City's anticipated year 2000 Municipal Urban Service Area. Adopted by the City Council of the City of Andover on this 15th i day of May ,1990. ---- I CI ATTEST: \.., Lt~L~ Victoria Volk, Clty Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 63,-90 A RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET. WHEREAS, The City of Andover believes that the preparation and adoption of operating budgets is sound financial practice; and i WHEREAS, the City Council of the City of Andover adopted resolution number R194-89 establishing the 1990 General Fund budget; and WHEREAS, the budget established included estimates for the revenue available to fund recycling activities; and WHEREAS, additional information has become available indicating the City will receive increased funding for recycling activities, and WHEREAS, the City planner intends to spend additional time moni toring the recycling program; and WHEREAS, the Andover City Council desires to amend the General Fund budget to reflect this additional funding and staff time required to monitor the recycling program. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby amends the 1990 General Fund Budget by increasing revenue from other grants by $31,360, reducing Economic Development salaries by $1,613, increasing the Contingency amount by $3,402 and increasing the recycling budget to the amounts shown on Attachment A. Adopted by the City Council of the City of Andover on this 15th day of May , 1990. CITY OF ANDOVER " ATTEST: ,~Uó ( ; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA ---, STATE OF MINNESOTA RES. NO. R 63-90 ATTACHMENT A Description Object Code Amount Salaries 101 $ 10,100 PERA 121 429 FICA 122 758 Office Supplies 201 400 Operating Supplies 210 1,250 Transportation 330 250 Printing 351 1,300 Conferences/Dues 433 125 Contractual Services 406 6,000 Improvements 530 6,498 Equipment - Recycling Bins 582 17,520 Total Recycling Budget $ 44,630 -------- -------- j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 064-90 A RESOLUTION DESIGNATING NO PARKING ON KIOWA STREET NW FROM 154TH AVENUE NO TO 155TH AVENUE NW. WHEREAS, the Council is cognizant of the public nuisance, traffic hazard, congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to the problems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that Kiowa Street NW from 154th Avenue NW to 155th Avenue NW be designated no parking. Adopted by the City Council of the City of Andover this 15th day of May , 1990. CITY OF ANDOVER / , \ 1ng, Mayor ATTEST: [ÞÚÞ V1ctor1a Volk, C1ty Clerk 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, May 15, 1990, commencing at 7:30 P.M. The following members of thE! Council were present: and the following were absent: *** *** *** The following resolution was presented by Member Orttel who moved its adoption: ./ RESOLUTION NO. 065 - RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,500,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1990A 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 Council determined in resolution no. R116-87 to issue its $5,000,000 General Obligation Temporary Improvement Bonds, Series 1987A, (Series 1987A Bonds) pursuant to Minnesota Statutes, Chapters 429 and 475 (Act); (b) the Series 1987A Bonds maturE! on August 1, 1990; (c) the following sums are available for payment of the Series 1987 A Bonds. Debt Service Fund $1,250,000 Construction Fund 500,000 Water Trunk Fund 359,400 Sanitary Sewer 390,600 ,/"" Total $2,500,000 (d) it is neCE!ssary and expedient to the sound financial management of the affairs of ~ the City to issue $2,500,000 General Obligation TE!mporary ImprovE!ment Bonds, Series 1990A (Bonds) pursuant to the Act to redeem thE! Series 1987 A Bonds and to provide temporary financing for the improvements financed by the Series 1987 A Bonds. 2. To provide temporary financing for the Improvements, the City will therefore issue and sell Bonds in the amount of $2,455,000. To provide in part the additional interest required to market the Bonds at this time, additional Bonds will bE! issued iQ the amount of $45,000. The excess of the purchase pricE! of the Bonds over the sum of $2,455,000 will be credited to the dE!bt 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 accor- dance with the terms of the following Official Notice of Sale: / .~-, OFFICIAL NOTICE OF SALE '--/ $2,500,000 General Obligation Improvement Bonds, SeriE!S 1990A City of Andover, Anoka County, Minnesota NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, MinnE!Sota, will consider sealed bids at the City Hall in the City of Andover on Tuesday, June 19, 1990, 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 temporary financing of assessable pUblic improvements in the City. The bonds will be general obligations of the City, for which its flÙI faith, credit and taxing powers are pledged tpgether with special assessments against benefitted propertiE!S. Date and Maturities The bonds will be issued in flÙly registered form, will be dated July 1, 1990, will be in denominations of integral multiples of $5,000 each and will mature on July 1, 1993. Redemption The City may elect on July 1, 1992 or on any date thereafter to redeem and prepay bonds of this issue at a price of par plus accrued interest to date of redemption. Prepayment may be in whole or in part by lot. Interest Interest on the bonds will be payable on January 1, 1991, and semiannually thereafter on each January 1 and July 1. All bonds must bear interest from date of issue until paid at a single, uniform rate in an integral multiple of 1/20 or 1/8 of 1%. , 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 CUSlP numbers on the bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printE!d 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 b!lllk in the United States selE!cted by it and approved by the City as its agent to permit examination by and to deliver to the purchaser, thE! printed !lIld executed bonds, thE! unqualified opinion thereon of bond counsel, !lIld a certificate stating that no litigation in !lilY m!lllner 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 special assessments against beMfitted 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. Type of Bid - Amount Sealed bids must be mailed or delivered to the undersigned !lIld must be received prior to the time specified above for opening of bids. A bid must be unconditional !lIld must be accompanied by a cashier's or certified check or b!lllk draft in the amount of $50,000, payable to the City to be retained by the City as liquidated damages if the bid is accepted ) !lIld the bidder fails to comply therewith. The good faith check will be deposited by the City !lIld 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 !lilY amount less than $2,500,000 bid for principal) will be deemed the most favorable. No oral bid !lIld no bid of less than $2,455,000 for principal plus accrued interest on all of thE! bonds wilI be considE!red. The City reserves the right to reject !lIlY!llld all bids !lIld to waive an informality in a bid. Official Statement The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and the Official Statement will serve as a nearly final Official Statement as required by Rule 15c2-12 of the Securities !lIld Exch!lllgE! Commission. The Official Statement, when further supplemented by !lIl addendum or addenda specifying the interest rates of the Bonds, together with !lilY other information required by law, shall constitute a Final Official Statement of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to !lilY underwriter or underwriting syndicate submitting !lIl Official Bid Form therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior m!lllaging underwriter of the syndicate to which the Bonds are awarded 25 copies of the Official Statement !lIld the addenda described above. The City designates the sE!nior m!lllaging underwriter of the syndicate to which the Bonds are awarded as its agE!nt for purposes of distributing copies of the Final Official Statement to each Participating / ( r' 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 shall accE!pt such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of thE! Bonds for purposes of assuring the receipt by each such Participating UndE!rwriter of the Final Official Statement. BY ORDER OF THE CITY COUNCIL /s/ Victoria Volk City Clerk Dated: May 15, 1990. ./ / r-, "- 3. The CIE!rk 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 herE!to as Exhibit A in the manner required by law. The City Council will meet at 7:30 p.m. on Tuesday, June 19, 1990, to consider bids on the Bonds and take any other appropriate action with respect to the Bonds. The motion for thE! adoption of the foregoing rE!solution was duly seconded by Councllmember Knight , and upon vote being taken thereon the following members voted in favor of the motion: Elling, Jacobson, Orttel, Knight, Perry (absent) and the following voted against: None whereupon the rE!solution was declared duly passed and adopted. __-1 , , / r--- Exhibit A '-..../ NOTICE OF BOND SALE $2,500,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1990A CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GWEN that sealed bids for the purchase of the above bonds will 00 considered at a meeting of the City Council at 7:30 p.m. on Tuesday, June 19, 1990, at the City Hall in Andover, Minnesota. The bonds are offered on the following terms. The bonds will be dated July 1, 1990, will ooar interest payable semiannually on each January 1 and July 1, commencing January 1, 1991, and will mature on July 1, 1993. The City may elect on July 1, 1992, or on any date thereafter to redeem and prepay bonds of this issue in whole or in part by lot at a price of par plus accrued interest to date of' redemption. Bidders must specify a price of not less than $2,455,000 plus accrued interest. A lE!gal opinion on the bonds will be furnished by Holmes & Graven, Chartered, Minneapolis, Minnesota. The proceeds of the bonds will 00 used to finance a portion of the costs of various assessable public improvE!mE!nts in the City. -~ Bidders should 00 aware that the Official Statement to 00 distributed for the bonds may , contain additional bidding terms and information relative to the bonds. In the event of a , variance ootween statements in this Notice of Bond Sale and the Official Statement bidders must comply with the terms of the lattE!!'. BY ORDER OF THE CITY COUNCIL /s/ Victoria V olk City Clerk Dated: May 15, 1990. ( /", STATE OF MINNESOTA ) ) '-., COUNTY OF ANOKA ) ) CITY OF ANDOVER ) I, the undE!rsigned, being the duly qualified and acting 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, May 15, 1990, with the original minutE!s 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 $2,500,000 GenE!ral Obligation Temporary Improvement Bonds, Series 1990A of the City. WITNESS My hand as City Clerk and the corporate seal of thE! City this day of ,1990. , J ~/I& City Clerk City of Andover, Minnesota (SEAL) AN165-4. ,~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA -~ 066-90 RES. NO. MOTION by Councilman Perry to adopt the following: A RESOLUTION ORDEJ1.ING THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN, PROJECT NO. 90-6 IN THE LOT 1, WATTS GARDEN ACRES AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 052-90 of the City Council adopted on the 1st day of May , 19 90 , fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 15th day of May , 19 90 ; 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. 90-6 . 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 Knight and adopted by the City Council at a Regular Meeting this 5th day of June , 19 90 , with Councilmen Elling, Perry, (absent) Knight, Orttel (absent), Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: UffúA ~ ~ng - Mayor i& !. Victoria volk - City Clerk CITY OF ANDOVER OG / COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R067-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM DRAINAGE FOR IMPROVEMENT PROJECT 86-19 FOR CERTIFICATION. 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 improvement of Storm Drainage for PIN 30 32 24 43 0001 . 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 12 years, the first of the installments to be payable on or before the first Monday in January, 1991 and shall bear interest at the rate of 8.1 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1990. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilman Perry and adopted by the City Council at a Reqular Meeting this 5th day of June ,19~, . h ' 1 Absent) . Wlt Councl men Elling. Kniqht. Perry. (Jacobson. Orttel-" , : votlng in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~- ATTEST: l-<-~ & lng - Ma}\ r Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 68-90 A RESOLUTION DENYING THE GRANTING OF A SPECIAL USE PERMIT REQUESTED BY ANDOVER AUTO PARTS, COMMERCIAL AUTO PARTS AND WILBER AUTO PARTS TO ERECT AN ADVERTISING SIGN ON THE PROPERTY LOCATED AT 13678 NW JAY STREET (PIN 34-32-24-42-0003). WHEREAS, Andover Auto Parts, Commercial Auto Parts and wilber Auto Parts (a/k/a Jay Street Auto Dealers) have requested a Special Use Permit to erect an Advertising Sign on the property location 13678 NW Jay Street; and WHEREAS, The Planning & Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance No. 8, Section 4.03, which restricts the intensification of a lawfully existing non-conforming use; and WHEREAS, a public hearing was held and there was no public input received; and WHEREAS, the City Council has reviewed the request; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and hereby denies the Special Use Permit request of Andover Auto Parts, Commercial Auto Parts and Wilber Auto Parts to erect an Advertising Sign on the property located at 13678 NW Jay Street. Adopted by the City Council of the City of Andover this 5th day of June 1990. OF ANDOVER ATTEST: ~h Victor1a Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R069-90 MOTION BY COUNCILMAN KNIGHT TO ADOPT THE FOLLOWING: A RESOLUTION DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 90-15, CROSSTOWN BOULEVARD WATERMAIN EXTENSION. WHEREAS, Anoka County is planning to construct a new bridge across Coon Creek on Crosstown Boulevard and improve the intersection of Andover and Crosstown Boulevards; and WHEREAS, it is in the best interest that we extend the water trunk to the north side of Andover Boulevard at Crosstown Boulevard. NOW, THEREFORE BE IT RESOLVED by the City council of the City of Andover to hereby direct preparation of plans and specifications and order advertisement for bids. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA as the Engineer for this improvement. MOTION seconded by Councilman Perry and adopted by the City Council at a regular meeting this 5th day of June , 1990, with Councilmen Elling, Perry, Knight, Jacobson(absent) Orttel (absent) voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: £4~J ID Victorla Volk - City Clerk CITY OF ANDOVER (/ -/,) COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 070-90 A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST FOR HOKANSON DEVELOPMENT INC. TO ALLOW THE DEVELOPMENT OF A PLANNED UNIT DEVELOPMENT USING DENSITY ZONING PROVISION OF ORDINANCE 8, SECTION 4.20 ON THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, Hokanson Development has applied for a Special Use Permit to allow the development of a Planned Unit Development using the density zoning provision of Ordinance 8, Section 4.20; and WHEREAS, the Planning and Zoning Commission reviewed the request and held a public hearing at their April 24, 1990 meeting; and WHEREAS, the proposal calls for an overall density of one lot per 2.35 lots, which is greater than currently allowed in the R-1 Single Family Zoning District; and WHEREAS, the request does not provide for the protection of the natural features, including wetlands, through the creation of permanent open space or common property and therefore does not justify the significant variances from Ordinance 8; and WHEREAS, a public hearing was held and respondents opposed lots smaller than 2.5 acres in size, as surrounding lot sizes are five acres and larger; and WHEREAS, the City Council agrees with the findings of the Planning and Zoning Commission; and WHEREAS, the City Council has interpreted Ordinance 8, Section 4.20 to mean that no PUDs are allowed in Rural acres. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the Special Use Permit request of Hokanson Development Inc. to allow development of a planned Unit Development on thE! following described property: The Southeast 1/4 of the Southeast 1/4 of Section 1, Township 32, Range 24, Anoka County, Minnesota. Adopted by the City Council of the City of Andover on this 5th day of June, 1990. CITY OF ANDOVER ATTEST: ~Jø Victoria Volk, City Clerk // CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 07l-90 A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF ED FIELDS AND SONS INCORPORATED FOR A 2.5 ACRE PARCEL IN SECTION 15, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA AND APPROVING A LOT WIDTH VARIANCE FOR FRONTAGE ON A PUBLIC RIGHT-OF-WAY. WHEREAS, the City has received a request for a lot split per Andover City Ordinance 40 for a 2.5 acre parcel in Section 15 of the City of Andover; and WHEJ1.EAs, the Andover Planning and Zoning Commission reviewed the request at their December 12, 1989 and April 10, 1990 meetings and recommended denial of the request; and WHEREAS, the Andover City Council finds that the lot split description has bE!en altered so that it meets the minimum requirements for minimum lot size of 2.5 acres in an R-1 district; and WHEJ1.EAs, a 283 foot variance is required for lot frontage on a publicly improved, dedicated and maintained street; and WHEREAS, the Council finds that a hardship exists on the property due to the assessments paid by the owner for the construction of a new street. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover, approves the request of Edward Fields and Sons, Inc. for a 2.5 acre lot split on the property described on the attached sheet, with the following conditions: l. The southern most landlocked parcel be combined with the property owned by the Ed Fields and Sons Inc. and remain in Agricultural Preserve (PIN i15-32-24-33-0004). 2. The street right-of-way be dedicated to the City of Andover for future road purposes. 3 . Park dedication fees shall be paid based on the recommendation of the Park Commission and approved by the Ci ty Council. 4. The property owner agrees to pay of the extension of Uplander Street when additional property to the south is developed. NOW, THEREFORE, BE IT FURTHEJ1. RESOLVED THAT, the City Council grants a 283 foot variance for lot frontage on a publicly improved, dedicated and maintained street based on the fact that ( the road was constructed within thE! past 12 months and that the property owner was assessed for said benefit and is not demanding benefit therefor. Adopted by the City Council of the City of Andover on this 5th day of June, 1990. CITY OF ANDOVER ATTEST: Ú~læ Victoria Volk, City Cle rk / .., CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 90-2, STREET CONsTJ1.UCTION. WHEREAS, pursuant to Resolution No. 034-90 , adopted by the City Council on the 20th day of March , 1990, BRA has prepared final plans and specifications for project 90-2 for Street construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 5th day of JunE! ,1990. 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 A.M. , Wednesday, June 27 , 19~ at the Andover City Hall. MOTION seconded by Councilman Perry and adopted by the City Council at a Regular Meeting this 5th day of June , 1990, with Councilmen Elling, Knight, orttel, Perry, Jacobson (absent) voting in favor of the resolution and Councilmen none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~W L Victoria Volk - city Clerk ^ CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. R073-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND OJ1.DERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET CONSTRUCTION, PJ1.0JECT NO. 90-14 , IN THE CEDAR HILLS RIVER ESTATES/CEDAR CREST 3RD ADDITION AREA. WHEREAS, the City Council has received a petition, dated May 21, 1990 , 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 BRA , and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman P",rry and adopted by the City Council at a Rpqnl;:¡r Meeting this 5th day of June , 19 90 , wi th Councilmen Ellinq, Orttel, Perry, Kniqht. (Jacobson-absent) voting in favor of the resolution, and Councilmen Nnnp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~Ú? victoria Volk - Clty Clerk - - - - -- ---.- - . --- COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.074-90 RESOLUTION RELATING TO THE PUBLIC IMPROVEMENT REVOLVING FUND OF THE CITY: ESTABLISHING THE FUND: DESIGNATING THE USES THEREOF: AND PROVIDING FOR ITS MAINTENANCE BE IT RESOLVED By the City Council of the City of Andover (City) as follows: Section 1. Backqround: Findinqs. 1. 01 The City has issued and sold various series of general obligation bonds to finance the cost of various public improvements and other items of a capital nature, which bonds are now outstanding. 1. 02 The City has called for redemption and prepayment on February I (Redemption Date) the following series of bonds (collectively the Redeemed Bonds): a) General Obligation Improvement Bonds of 1976, Series 1976A; b) General Obligation Improvement Bonds of 1976, Series 1976B; , c) General Obligation Improvement Bonds of 1977; and d) General Obligation Improvement Bonds of 1980. 1. 03 On the Redemption Date there will be available in the debt service funds for the Redeemed Bonds monies not needed for payment of the Redeemed Bonds, which funds are surplus funds within the meaning of Minnesota Statutes, Section 475.61, Subdivision 4, and may be used for any authorized municipal purpose. 1. 04 There exist now and there is anticipated to exist in the future balances in the debt service funds for various bonds of the City which are or are anticipated to be in excess of the amounts needed to pay the principal of and interest on those bonds and which amounts are or will constitute surplus funds. 1. 05 The City is authorized by Minnesota Statutes, Chapter 412 and 475 and Section 429.091, Subdivision 7A (collectively, the Act) to establish a revolving fund to finance the costs of any assessable public improvement or any utility described in Minnesota Statutes, Section 444.075 and 115.46, and to establish such other funds as it deems desirable. -1- 1. 06 The City Council finds and determines that it is necessary and expedient to the sound financial management of the City to establish a Permanent Improvement Revolving Fund as authorized by the Act to efficiently and economically finance various capital improvements in the City and to utilize for authorized municipal purposes the surpluses described above. Section 2. PIR Fund Established: Sources: Uses. 2.01 There is established as a fund of the City the Permanent Improvement Revolving Fund (PIR Fund). 2.02 The fOllowing monies are to be paid into the PIR Fund: a) balances in the respective debt service funds for the Redeemed Bonds remaining after the Redeemed Bonds have been redeemed and paid; b) balances remaining in any construction fund or debt service fund established for an assessable public improvement under Section 429.091, Subd. 4 of the Act when (i) all bonds or other obligations payable from that construction or debt service fund have been redeemed, paid or defeased and (ii) anticipated collections of special assessments and other revenues pledged to a debt service fund for an assessable public improvement are estimated by the City Treasurer to be adequate to produce at least 5% in excess of the amount needed to meet when due the principal and interest payments on bonds issued to finance the improvements for which the fund was established; c) balances remaining in a debt service fund for any other general obligation bonds of the City when those bonds have been redeemed, paid or defeased; d) proceeds of any bonds or other obligations issued by the City pursuant to Section 429.091, Subd. 7 of the Act; and e) any other monies appropriated to the PIR Fund by the City Council from time to time. 2.03 Monies in the PIR Fund are to be used, subject to the provisions of this resolution, for the following purposes and no other: a) the temporary or permanent financing of the cost of assessable public improvements under Chapter 429 of the Act; -2- b) the temporary or permanent financing of the costs of water, sewer or storm sewer utilities described in Section 444.075 and 115.46 of the Act; c) loans to other City funds for any purpose other than operating expense; and d) other lawful municipal purposes as authorized in this resolution. Section 3. PIR Fund: Accounts. 3.01 There are to be maintained in the PIR Fund the following accounts: a) The Public Improvement Account. Monies in this account are to be used to finance the costs of assessable public improvements and water, sewer and storm sewer utilities described in Section 444.075 and 115.46 of the Act. Into this account are to be paid (i) all special assessments, interest thereon, and prepayments thereof, levied for such improve- ments, (ii) revenues of the utility so financed and (Hi) the proceeds of bonds or other obligations issued to finance the public improvements described herein and payable from debt service accounts in the PIR Fund. The City Treasurer must establish sub- accounts within the account for each public improve- ment so financed. Any expenditures or transfers from this account which are not to be fully recovered by special assessments shall require a four-fifths vote of the City Council. The initial balance in this account is $ 417,758.93 plus 1990 interest and special assessment collections. b) The Capital Improvement Account. Monies in this account may be loaned or transferred to other City funds for any corporate purpose other than operating expense. No money may be loaned or transferred from this account except upon four-fifth vote approving same by the City Council. The initial balance in this account is $50,000.00. c) The Surplus Account. Monies in this account may be used for any authorized corporate purpose. The initial balance in this account is $ -0- . Section 4. Procedures: Appropriations. 4.01 Loans, expenditures and transfers from the PIR Fund must be authorized by Council resolution. -3- 4.02 The debt service balances of the Redeemed Bonds remaining after the payment are appropriated to the accounts in the PIR Fund in the respective amounts indicated in Section 3. Other deposits of monies to the PIR Fund must be authorized by Council resolution. 4.03 The Finance Director shall prepare and submit to the Council a proposed budget for the PIR Fund, together with the recommendations of the City Administrator for the use of the PIR Fund in the next ensuing year. 4.04 Nothing in this Resolution is to be construed as limiting the discretion of the City Council in financing assessable public improvements or other public improvements pursuant to any provision of law or this Resolution. Adopted by the City Council of the City of Andover this 5th day of June 1990. CITY OF ANDOVER ATTEST: ~f¿¿ Victoria Volk, City Clerk "---./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 075.90 A RESOLUTION AUTHORIZING A LOAN OF $1,754.61 FROM THE PIR FUND AND PROVIDING FOR THE REPAYMENT THEREOF. WHEREAS, the City Council of the City of Andover has scheduled a bond election to determine if the residents of the City of Andover desire increased fire protection financed through additional ad valorem taxes; and WHEREAS, the City Council of the City of Andover deems it necessary to expend funds to update bond issue materials and explain the impact of the proposal on the citizens of the City of Andove r ; and WHEREAS, it is City Council's intent that these monies be taken from the bond proceeds should the citizens of the City of Andover vote in favor of proposed bond issue; and WHEREAS, it is also City Council's intent that these monies be taken from a future bond issue for fire protection, should the citizens of the City of Andover vote against the proposed bond issue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the , ' , City of Andover that Capital Improvement Account of the Permanent Improvement Revolving Fund (PIR Fund) hereby loans to the Fire Station Construction Fund (1990 General Obligation Bond Construction Fund) the sum of $1,754.61, and this amount is to be repaid to the Permanent Improvement Revolving Fund should the bond election be successful. BE IT FURTHER RESOLVED by the City Council of the City of Andover that should the bond election not be successful, an interfund payable, in the sum of $1,754.61, is hereby established between the PIR Fund and the newly created Fire Station Construction Fund. This interfund payable will be reimbursed by any future successful fire protection bond issue. Adopted by the City Council of the City of Andover on this 5th day of June , 1990. CITY OF ANDOVER ATTEST: / Ú k ' . ~ Victoria Volk, City Cle rk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RJ76 -90 A RESOLUTION APPROVING THE AMENDED SPECIAL USE PERMIT REQUEST OF CONSTANCE EVANGELICAL FREE CHURCH TO ALLOW THE CONSTRUCTION OF A NEW IDENTIFICATION SIGN ON THEIR PROPEJ1.TY AT 16060 NW CROSSTOWN BOULEVARD. WHEJ1.EAs, the City has received a request for an amended special use permit to allow the construction of a new advE!rtising sign on property with the following PIN numbers: 14-32-24-14-0004 14-32-24-14-0005 ,WHEREAS, the Andover Planning and zoning Commission has rE!viewed request at their May 22, 1990 meeting and has recommended approval of the request; and WHEREAS, the Andover City Council finds that the amended SUP will not have a detrimental effect on the health, safety, morals and general welfare of the community; and \, WHEREAS, the Andover City Council finds that the amended SUP will not have a detrimental effect on traffic or parking conditions on the site; and WHEREAS, the Andover City Council finds that the amended SUP will not have a detrimental effect on the property values or scenic views in the area; and WHEREAS, the Andover City Council finds that the amended SUP will not have a detrimental effect on the City's Comprehensive plan and Development Framework. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover, approves the request of the Constance Evangelical Free Church for an amended special use permit on their property in Section 14 of the City of Andover to allow the construction of an identification sign with the following conditions: 1. The proposed sign will not exceed 32 square feet in area. 2. The existing identification sign shall be removed prior to the completion of the new sign. 3. The applicant shall obtain all necessary sign permits from the City. Page 2 Constance Ev. Free Church ---'" Amended Special Use Permit Adopted by the city Council of the City of Andover on this 19th day of June, 1990. CITY OF ANDOVER ATTEST LL£Æ Victoria Volk, City Clerk " CITY OF ANDOVER ~ COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R077-90 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO GAMMON BROS. FOR PROJECT NO. 88-1 FOR THE IMPROVEMENT OF STREET CONSTRUCTION IN THE FOLLOWING AREA: CROSSTOWN BOULEVARD TO 140TH AVENUE NW . WHEREAS, pursuant to a written contract signed with the City of Andover on July 19 , 19 88, Gammon Bros. 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. 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 Perrv and adopted by the Ci ty Counci 1 at a Reqular Meeting thi s 19th day of .Tun... , 19 90 , wi th Councilmen Kniqht. Orttel. Jacobson. Perry. Elling (absent) voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: L~/Æ Victoria Volk -City Clerk 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, June 19, 1990, commencing at 7:30 P.M. The following members were present: Knight, Perry, Jacobson, Orttel and the following were absent: Elling * * * 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 $2,500,000 General Obligation Temporary Improvement Bonds, Series 1990A, as advertised for sale. The City Clerk presented affidavits showing publication of the notice of sale in the City's official newspaper and in Northwestern Financial Review, a financial paper published in Minneapolis, Minnesota, which affidavits were examined and found satisfactory and ordered placed on file. The City Clerk presented a tabulation of the bids which had been received in the manner specified in the Official Notice of Sale of the Bonds. The bids were as follows: Bidder Bid Price Total Interest Cost Net Interest Rate Shearson, Lehman, Hutton $2,477,500 528,750 7.05% FBS Investment Services $2,482,500 486,250 6.48% Piper Jaffray Hopwood $2,483,250 494,-875 6.59833% Miller Johnson Kuehn $2,478,000 490,750 6.5433% , After due consideration of the bids, Member Jacobson then introduced the following resolution and moved its adoption: RESOLUTION NO. 078-90 A RESOLUTION AWARDING THE SALE OF $2,500,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS SERIES 1990A; 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 Cpunty, Minnesota (City) as follows: Section 1. Sale of Bonds. . serviaes 1.01. The bid of F1rst Bank System Investment Purchaser) to purchase $2,500,000 General Obligation Temporary Improvement Bonds, Series 1990A (Bonds) of the City described in the Official Notice of Sale thereof is found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and is accepted, the bid being to purchase the Bonds at a price of $ 2,482,500 plus accrued interest to date of delivery, for Bonds bearing interest at the rate of 6.25% per annum. Net E!ffective interest rate: 6.48% . 1.02. The sum of $ 37,500 being the amount bid by the Purchaser in excess of $2,445,000 will be credited to the Debt Service Fund hereinafter created. The City Treasurer is directed to retain 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 $2,500,000, originally dated July 1, 1990, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-l, upward, bearing interest as above set forth, and maturing on July 1, 1993. 1.04. Optional Redemption. The City may elect on July 1, 1992 and on any date thereafter to prepay Bonds. Redemption may be in whole or in part of the Bonds subject to prepayment. If only part of the Bonds 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. , Section 2. Re¡¡:istration and Payment. 2.01. Re¡¡:istered 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 in Section 2.02. 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 will 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 January 1 and July 1 of each year, commencing January 1, 1991, 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. RelCÎstration. The City will appoint and 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) Rel!'ister. 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 rE!gistration 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 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) Exchanl<"e 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 I 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 jUdg\Ilent, 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 such 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 Char~es. 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 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 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 mutilatE!d, 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. (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 Re~istrar. The City appoints First Trust National Association, Saint Paul, 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, tl¡e Treasurer must transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds will be preparE!d 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 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 rep- resentative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Treasurer shall 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 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. 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 TEMPORARY IMPROVEMENT, BOND SERIES 1990A Date of Rate Maturity Original Issue CUSIP - 96 July 1, 1993 July 1, 1990 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 January 1 and July 1 in each year, commencing January 1, 1991, 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 First Trust National Association, Saint Paul, 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 irrevocably pledged. The City may elect on July 1, 1992, and on any interest payment date thereafter, to prepay Bonds of this issue. Redemption may be in whole or in part of the Bonds sUbject to prepayment. If only part of the Bonds 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. The City Council has designated the Bonds 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 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 those provisions have the same effect as though fully set forth in this place. This Bond will not be valid or become obligatory for any purpose or be 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 AndovE!r, 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. FIRST TRUST NATIONAL ASSOCIATION, SAINT PAUL, MINNESOTA By Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $2,500,000 all of like original issue date and tenor, except as to number and denomination, issued pursuant to a resolution adopted by the City Council on June 19, 1990 (the Resolution), for the purpose of providing money to temporarily 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 issue and sell definitive or additional temporary bonds to redeem the Bonds and to levy taxes on all of the 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. 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 interE!st at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmE!ntal 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 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 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 USE!d 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 by entireties under Uniform Gifts or 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. 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 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 the certificate in the name of the City upon receipt of the opinion and to file the opinion in the City offices. Section 4. Payment: Security: Pled¡tes and Covenants. 4.0l. The Bonds are payable from the General Obligation Temporary Improvement Bonds, Series 1990A Debt Service Fund (Debt Service Fund) hereby created, and special assessments (Assessments) levied or to be levied for the improvements (Improvements) financed by the Bonds are hereby pledged 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 authorized and directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for such advances out of the proceeds of Assessments for the Improvements when collected. There is appropriated to the Debt Service Fund all (i) capitalized interest financed 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 Improvements to be financed by the Bonds will directly and indirectly benE,fit the abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) The City has caused the Assessments for the Improvements to be promptly levied and has taken all steps necessary to assure prompt collection, and the Assessments are being collected. The City Council will cause all further actions and proceedings relative to the making and financing of the Improvements financed hereby to be taken with due diligence including the appropriation of any other funds needed tp pay the Bonds and interest thereon when due. (b) In the event of a current or anticipated deficiency in the Assessments, the City Council will levy ad valorem taxes in the amount of the 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 interestE!d person upon request. 4.03. It is determined that the estimated collections of Assessments and interest thereon for payment of principal and interest on the Bonds will produce at least five pE!rcent 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. 4.04. The City Clerk is directed to file a certified copy of this resolution with the County Auditor of Anoka County, and to obtain the certificate required by Minnesota Statutes, Section 475.63. 4.05. In accordance with its statutory duties under Minnesota Statutes, Section 429.091, Subdivision 5, the City covenants and agrees with the holders of the Bonds that if the Bonds cannot be paid at maturity from the proceeds of the Assessments or from other funds appropriated by the City Council, the Bonds will be paid from the proceeds of definitive or additional temporary bonds that will be issued and sold prior to the maturity date of the Bonds. 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 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. 5.02. It is d~termined that no official statement or prospectus has been prepared or circulated by the City in connection with the sale of the Bonds and that the Purchaser has made its own investigations concerning the City as set forth in an investment letter of even date, receipt of which is hereby acknowledged. 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 Bpnds, 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 1990) exceed the smalHssuer exception amount of $5,000,000. (b) For purposes of qualifying for the small issuer exception to the federal arbitrage rebate requirements, the City hereby 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 hereby 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 1990 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1990 have been designated for purposes of Section 265(b}(3} of the Code. /" The City will use its best efforts to comply with any fE!deral proCE!dural 6.05. 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 Orttel , and upon vote being taken thereon, the following voted in favor thereof: Knight, Perry, Jacobson, orttel and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. ~ 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 June 19, 1990 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 $2,500,000 General Obligation Temporary Improvement Bonds Series 1990A of the City. WITNESS My hand officially as such Clerk and the corporate seal of the City this A 9~ c:? '6 day of ,1990. ~£¿V City Clerk Andover, Minnesota (SEAL) DISK A: RES33. STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE AS TO COUNTY OF ANORA REGISTRATION WHERE NO AD VALOREM TAX LEVY I, the undersigned County Auditor of Anoka County, Minnesota, hereby certify that a resolution adopted by the City Council of the City of Andover, Minnesota, on Tuesday, June 19, 1990, relating to General Obligation Temporary Improvement Bonds, Series 1990A in the amount of $2,500,000, dated July 1, 1990, has been filed in my office and said obligations have been registered on the register of obligations in my offíce. WITNESS My hand and official seal this _ day of ,1990. County Auditor Anoka County, Minnesota (SEAL) By Deputy DISK M: RES87. 5/8/89 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 079-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 90-6, LOT 1 WATTS GARDEN ACRES FOR WATER AND SANITARY SEWER CONSTRUCTION. WHEREAS, pursuant to Resolution No. 066-90, adopted by the City Council on the 5th day of June, 1990, TKDA has prepared final plans and specifications for project 90-6 for Water and Sanitary Sewer construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of June, 1989. 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, July 12, 1990 at the Andover City Hall. MOTION seconded by Councilman Perry and adopted by the City Council at a Regular Meeting this 19th day of June , 1990, with Councilmen Knight, Jacobson, - ãEsent) Perry, orttel, (Elling voting in favor of the resolution and Councilmen none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ {¿¿ or Victoria volk - City Clerk j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA '-...../' RES. 080-90 NO. A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUESTED BY PAUL BLAKE TO MINE SOIL FROM THE PROPERTY AT 16422 HANSON BOULEVARD NW DEsCJ1.IBED AS THAT PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15, AND THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 15 BOTH IN TOWNSHIP 32, RANGE 24 AS REQUIRED PER ORDINANCE 8, SECTION 4.24. WHEREAS, pursuant to published and mailed notice, the Planning and zoning Commission has conducted a public hearing and reviewed the request of Paul Blake to mine soil; and WHEREAS, the Special Use Permit has been reveiwed by the City Engineer; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit for Paul Blake with the following conditions: 1. Safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders and snowmobilers, etc. ..~. 2. The applicant shall provide the City with a security bond for restoration of the site as determined by City Engineer. 3. Signs be placed on both sides of the driveway at Hanson Boulevard indicating trucks hauling. 4. The applicant is requested to make reasonable use of the property without altering the topography greatly. 5. Watering the roadway to control dust at dry times. 6. Hauling of material is Monday through Friday, 8:00 'A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. until 4:00 P.M. 7. The applicant is required to restore the banks of the mined area after the area has been excavated using an approved topsoil, seed, and/or vegetation or brush to establish erosion control. 8. Obtaining all necessary permits from the DNR, U.S. Army Corps of Engineers, the Watershed Organization, and any other agency which may be interested in the si te. 9. The applicant has indicated the area would be completed one year from the date of approval. 10. Haul routes for removing dirt from the project will be Hanson BoulE!vard. 11. This Special Use Permit is for a maximum of 38,000 yd of dirt. 12. This permit is subject to reveiw yearly and could be r extended for a total period not to exceed two years, at ,- which time the applicant may apply for another Special Use Permit upon satisfactorily completing all procedures as approved by the City Engineer. 13. This permit is subject to significant progress being made wi thin one year, or this permit becomes null and void. NOW, THEREFORE, BE IT FURTHER RESOLVED by the city Council of the City of Andover that the Planning and Zoning Commission finds the following: 1. There was a public hearing at which there were no comments made, either negatively or positively. 2. The proposal will have no significant negative impact on the health, morals and general welfare of the community. 3. The proposal will not have a significant impact on existing traffic conditions. 4. The proposal will have no significant negative impact on property values in the area. 5. The proposal will have no significant negative impact on the Comprehensive Plan. Adopted by the City Council of the City of Andover this 3rd day of July , 1990. CITY OF ANDOVER .''''''\ ATTEST: ~ II Úb Victoria Volk - City Clerk ',- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 081-90 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF RIC HAUGLAND D/B/A BLUE LINE COLLISION CENTER TO OPERATE A REPAIR GARAGE IN A GENERAL BUSINESS (GB) DISTJ1.ICT ON THE PROPERTY DESCRIBED AS LOT 2, BLOCK 2, ANDOVEJ1. COMMERCIAL PARK. WHEREAS, Ric Haugland d/b/a Blue Line Collision Center has requested a Special Use Permit to operate a repair garage in a General Business District; and 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 and 7.03; and WHEREAS, a public hearing was held and there was input received; and WHEREAS, the Planning & zoning Commission recommends to the City Council approval of the Special Use Permit requested, with conditions; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby grants a Special Use Permit to Ric Haugland d/b/a Blue Line Collision Center to conduct a repair garage business in a General Business (GB) District, with the following conditions: 1. That the applicant will complete and file a Commercial Site plan and that said plan will be reviewed and approved by the Andover Review Committee. 2. That the applicant will maintain all current State and County hazardous material generators' permits on file with the City Planning Department; 3. That the applicant will include additional berms and both deciduous and confierous plantings on the south and west side of the property line as part of the overall landscaping plan. 4. That the applicant agrees not to store any inoperable, unlicensed or dismantled vehicles outside of the proposed building; 5. That the site plan will provide the required number of parking spaces as required by Ordinance No.8, Section 8.08. 6. That if significant progress has not been made within twelve (12) months of the granting of the Special Use Permit, the Permit shall be declared null and void by the City Council. 7. That the Special Use Permit is subject to annual review by the City Staff. Adopted by the City Council of the City of Andover this 3rd day of July, 1990. CITY OF ANDOVER ATTEST: ~h Vi ctoria Volk, City Cle rk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 082-90 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CONTINENTAL DEVELOPMENT CORPORATION TO ERECT A REAL ESTATE SIGN ON THE PROPERTY GENERALLY LOCATED AT 14433 NW HANSON BOULEVARD (PIN 26-32-24-32-0008) WHEREAS, Charles S. Cook on behalf of Continental Development Corporation has rE!quested a Special Use Permit to erect a real estate sign on property generally located at 14433 NW Hé\nson Boulevard; and WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that the request meets the criteria of Ordinance No.8, Section 8.07; and WHEREAS, a public hearing was hE!ld and there was no public input received; and WHEJ1.EAs, the Planning & zoning Commission recommends to the City Council approval of the Special Use Permit as requested, with conditions; 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 issuance of a Special Use Permit to erect a real estate sign as requested, with the following conditions: 1. That such sign shall be set back a minimum of fifteen (15') feet from the intersecting street right-of-way lines of Hanson Boulevard and Andover Boulevard (i8, Sec. 8.10). 2. That such sign shall be limited to thirty-two (32 s.f.) square feet in size on each side (double-faced sign). 3. That such sign shall be located a minimum of ten (10') feet from any property line (#8, Sec. 8.07). 4. That such sign shall not be illuminated. 5. That the property owner, John and Beverly Scherer, reserve the right to give thirty (30) day notice to require removal of said sign. 6. That a maintenance agreement be entered into between the applicant and thE! owner to assure that said sign will be properly maintained, in a form to be approved by the City Attorney. 7. That this Special Use Permit shall be granted for two ( 2 ) years, and upon expiration thereof, said sign shall be removed, unless a written request for extension is received and granted by the City Council prior to the expiration of this Special Use Permit. 8. That this Special Use Permit is subject to an annual review. 9. That if significant progress is not made within one (1 ) year toward the erection of said sign, this special use permit becomes null and void. Adopted by the City Council of the City of Andover this 3rd day of July, 1990. CITY OF ANDOVER ATTEST: or [k,u Victor~a Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 083-90 A J1.EsOLUTION DENYING THE VARIANCE REQUEST OF LYLE R. DUNN ON THE PROPERTY DESCRIBED AS LOT 4, BLOCK 2, RED OAKS MANOR SECOND ADDITION, TO ERECT AN ACCESSORY STRUCTURE TO WITHIN THREE ( 3 ' ) FEET OF THE SIDE YARD. WHEREAS, Lyle Dunn has requested a variance to allow for the erection of an accessory structure to within three ( 3 ' ) feet of the side yard of his property; and WHEREAS, the Planning & 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 the unique shape or topography of the property which would preclude the property owner having reasonable use of his property; and WHEREAS, there was no public input received either in support or against this request; and WHEREAS, the Planning & Zoning Commission recommends to the City Council denial of this 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 request of Lyle R. Dunn to erect an accessory structure to within three (3' ) feet of the side yard property line. Adopted by the City Council of the City of Andover this 3rd day of July, 1990. CITY OF ANDOVER ATTEST: ~ ia Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 084-90 A RESOLUTION GRANTING THE VARIANCE REQUEST OF WOODLAND DEVELOPMENT ON BEHALF OF DAN SIGMON ON THE PROPERTY LOCATED AT 13373 NW LILY STREET TO ENCROACH TWO (2' ) FEET INTO THE FRONT YARD SETBACK. WHEREAS, Woodland Development has requested a variance on behalf of Dan Sigmon to encroach two (2' ) feet into the front yard setback to allow for an addition onto the garage which was inadvertently omitted at the time the house was constructed; and WHEREAS, the Planning & 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 the unique shape or topography of the parcel and that the property owner is not precluded reasonable use of said property; and WHEREAS, the Planning & Zoning Commission rE!commends to the City Council denial of the request as it does not meet the criteria of the Ordinance; 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 grants the Variance Request as presented for the following reasons: l. The variance is granted due to the building company error. 2. Granting the variance will not cause a hardship on existing homes in the area. 3. Granting the variance will not create significant problems in the current front yard setback. Adopted by the City Council of the City of Andover this 3rd day of July, 1990. CITY OF ANDOVER ATTEST: ~ta Vi ctoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 085-90 A RESOLUTION APPOINTING JUDGES FOR THE SPECIAL ELECTION TO BE HELD ON JULY 17, 1990 IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby resolves: The persons as shown below are hereby appointed judges for the special election to be held on Tuesday, July 17, 1990 in the City of Andover: Precinct 1, Grace Lutheran Church Leone struvwe - DFL Wanda Grant - IR Micki Harris - IR Carol santer - DFL Precinct 2, Crooked Lake Elementary School Ellen Wirkus - DFL Cleo Smith - IR Maureen Bushard- DFL Precincts 3, Andover Elementary School Mary West - DFL Karen Peterson - IR Eleanor Apel - DFL Precinct 4, Family of Christ Lutheran Church Esther Haas - IR Cindy Brostrom - DFL Susan Rylander - DFL Adopted by the City Council of the City of Andover this 3rd day of July , 1990. CITY OF ANDOVER Attest: ~la Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R086-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREET CONSTRUCTION ,PROJECT NO. 90-14 IN THE CEDAR CREST ESTATES THIRD ADDITION/CEDAR HILLS RIVER ESTATES AREA. WHEREAS, pursuant to Resolution No. R073-90, adopted the 5th day of June , 19 90 ,a Feasibility Report has been prepared by BRA for the improvements; and WHEREAS, such report was received by the City Council on the 3rd day of July ,19 90 ; and WHEREAS, such report declared the proposed improvemE!nt to be feasible for an estimated cost of $67,460.00 Part I, $40,760 Part II. 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. 90-14 , 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 $67,460.00 Part I, $40,760 Part II. 3. A public hearing shall be held on such proposed improvement on the 17th day of July , 19 90 in the Council Chambers of the City Hall at 8:01 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilman Orttel and adopted by the City Council at a Regular Meeting this 3rd day of July , 19~, with Councilmen Perrv. Elling. Jacobson. Knight. Orttel voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. ANDOVER ATTEST: Vict~k~y Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / , RES. NO. R087-90 MOTION by Councilman Ori-rl3l to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREET CONSTRUCTION, PROJECT NO. 90-14 IN THE CEDAR HILL RIVER ESTATES/CEDAR CREST 3RD ADDITION (PART I) AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 086-90 of the City Council adopted on the 3rd day of July , 19 90 , fixed a date for a public hearTñgT and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 17th day of July , 19 90 ; 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. 90-14 . 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 Councilman JÄC'OhSQR and adopted by the City Council at a Regular Meeting this 17t-h day of .Tn1y , 19 qO , with Councilmen Kniqht, Ellinq, Perry, Jacobson, Orttel voting in favor of the resolution, and Councilmen nonp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1ng Mayo d~M4 ,/ victoria Vo - City Clerk " , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R088-90 A RESOLUTION TERMINATING PROJECT KNOWN AS 90-14, PART II, AZTEC STREET N.W. WHEREAS, a petition was not received for this portion of Project NO. 90-14; and WHEREAS, no residents from this area were present at the public hearing. NOW, THEREFORE, BE IT J1.EsOLVED by the City Council of the City of Andover to hereby terminate Project 90-14, Part II, Aztec Street. Adopted by the City Council of the City of Andover this 17th day of July , 1990. CITY OF ANDOVER Attest: {Úk~ &~£æ Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J1.Es. NO. R089-90 MOTION by Councilman Knight- to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 90-2 FOR STREET CONSTRUCTION IN THE AREA OF 164TH AVENUE/163RD LANE/JONQUIL STREET. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 072-90, dated June 5 , 19 90 , bids were received, opened and tabulated according to law wi~esults as follows: 1. W.B. Miller, Inc. $60,995.50 2. Buck Blacktop, Inc. $64,957.00 3 . Bituminous Consulting $65,301.50 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 $60,995.50 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 Orttel and adopted by the City Council at a Regular Meeting this 17th day of July , 19 -.2.Q , with Councilmen Elling, P~rry, KnighT. Orrrpl, J~~nh~nn voting in favor of the resolution, and Councilmen nonp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER or ATTEST: ,b~~ Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 090 -90 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF BRO- MIDWEST VENDING TO OPERATE COIN OPERATED VENDING MACHINES AT WOODLAND CREEK GOLF COURSE CLUB HOUSE, 3200 SOUTH COON CREEK DRIVE. WHEREAS, Jim Broberg on behalf of Bro-Midwest vending has requested a Special Use Permit to operate coin operated vending machines at Woodland Creek Golf Course Clubhouse, 3200 South Coon Creek Drive; and WHEREAS, the Planning & Zoning Commission has reviewed the Special Use Permit request pursuant to Ordinance No. 8, Section 5.03 and Section 8.22; and WHEREAS, a public hearing was held and public input was received; and WHEREAS, the Planning & zoning Commission has determined that the request meets the criteria of the Ordinance as noted above; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of the Special Use Permit Request as presented; 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 grant a Special Use Permit to Bro-Midwest vending to operate coin operated vending machines on the property located at 3200 South Coon Creek Drive, with the following conditions: 1. That the vending machines be limited to the dispensing of cigarettes, soft drinks and snacks. 2. That the vending machines shall be located within the clubhouse building and not outside. 3. That the special use permit is subject to annual review by the City. 4. That a current Cigarette License be maintained at all times. Adopted by the City Council of the City of Andover this 17th day of July, 1990. CITY OF ANDOVER ATTEST: ,¡~áa Victoria volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091-90 A RESOLUTION GRANTING THE VARIANCE REQUEST OF DONALD R. WOOTEN, 13537 NW HEATHER STREET (PIN 33-32-24-32-0015 AND 33-32-24-32- 0059) TO EXPAND AN EXISTING COVERED PORCH INTO THE SIDE YARD SETBACK. WHEREAS, Donald R. Wooten has requested a Variance from Ordinance No. 8, Section 6.02 to expand his existing covered porch into the side yard setback and in so doing is 6'4" from the side yard lot line (north) ; and WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 5.04; and WHEREAS, as a part of that consideration was written testimony from the property owner to the north (Dean Keller) in which he states that he has no objection to this request; and WHEREAS, the Planning & Zoning Commission recommends to the City Council approval of the variance request as presented; 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 an encroachment into the side yard setback. FURTHER RESOLVED, that the reason for granting the variance is because of the building error made at the time of the construction of the original structure. AND FURTHER RESOLVED, that the granting of this variance is made with the following condition: l. That said variance shall be subject to a one (1 ) year sunset clause and if the construction is not substantially complete within one (1 ) year, the request shall become null and void. Adopted by the City Council of the City of Andover this 17th day of July, 1990. CITY OF ANDOVER ATTEST: Ú~ £¿¿ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA " STATE OF MINNESOTA RES. NO. R092-90 A RESOLUTION APPROVING THE FINAL PLAT OF KENSINGTON ESTATES 6TH ADDITION AS BEING DEVELOPED BY JERRY AND CAROL WINDsCHITL IN SECTION 27-32-24. WHEREAS, the City Council approved the preliminary plat of Kensington Estates; and WHEREAS, the developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, Coon Creek Watershed District or any other agency that is interested in the site. WHEREAS, the developE!r has presented the final plat of Kensington Estates 6th Addition; and 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 Kensington Estates 6th 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 and/or surveyor that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property (streets, utili ties, etc.} ) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. 6. Revised grading plan if needed by the City. BE IT FURTHER RESOLVED citing the following: 1. The dE!veloper has paid in full the park dedication for the entire plat. Adopted by the City Council of the City of Andover this 17th day of Julv , 1990. CITY OF ANDOVER ATTEST: ,L~~ victor~a Vo - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R093-90 MOTION by Councilman KnighT to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN, SANITARY SEWER, STORM SEWER AND STREETS WITH CONCRETE CURB AND GUTTER , PROJECT NO. 90-16 , IN THE KENSINGTON ESTATES 6TH ADDITION AREA. WHEREAS, the City Council has received a petition, dated July 9, 1990 , 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 . 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 Kniqht and adopted by the City Council at a Regular Meeting this 17Th day of .Tnly , 19 qO , with Councilmen .T.:::aronhsnn I{Ilight. OrttQl.Pprry, F.11ing . voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Jal)l ,~h ( Victor1a Volk - City Clerk "r '~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R094-90 A RESOLUTION APPROVING THE FINAL GRADING OF RED OAKS MANOR 6TH ADDITION AS BEING DEVELOPED BY ART RAUDIO AND NORM HOLM IN SECTION 34-32-24. WHEREAS, the developer has completed grading of Red Oaks Manor 6th Addition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the grading of Red Oé\ks Manor 6th Addition. Adopted by the City Council of the City of Andover this l7th day of Julv , 1990. CITY OF ANDOVER ATTEST: ,L£~ £¿¿ Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 095-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 90-12, BENT CREEK ESTATES FOR SIDEWALK CONSTRUCTION. WHEREAS, pursuant to Resolution No. R053-90, adopted by the City Council on the 1st day of May ,1990, BRA has prepared final plans and specifications for project 90-12 for Sidewalk construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 17th day of July ,1990. 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 A.M. , Wednesday, August 1 , 19~ at the Andover City Hall. MOTION seconded by Councilman Jacobson and adopted by the City Council at a Regular Meeting this 17th day of July , 19~, with Councilmen Ortte1, Elling, Perry, Knight, Jacobson voting in favor of the resolution and Councilmen None voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: l,l~-,J Iff Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R096-90 A RESOLUTION APPROVING SPEED LIMITS ON UNIVERSITY AVENUE BETWEEN ANDOVER BOULEVARD AND 157TH AVENUE PER THE ATTACHED SPEED LIMIT AUTHORIZATION FROM MNDOT. WHEREAS, speed limit signs are to be placed per the attached MNDOT authorization; and WHEREAS, MNDOT has given authorization to lower the speed limit. NOW, THEREFORE, BE IT RESOLVED the speed limits be placed along University Avenue between Andover Boulevard and 157th Avenue contingent upon placing appropriate advanced warning signs. Adopted by the City Council of the City of Andover this 17th day of July , 1990. CITY OF ANDOVER ATTEST: iLJ £æ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R097-90 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO MOSER CONSTRUCTION FOR PROJECT NO. 89-24 FOR THE IMPROVEMENT OF COMMERCIAL PARK POND IN THE FOLLOWING AREA: COMMERCIAL PARK. WHEREAS, pursuant to a written contract signed with the City of Andover on December 19, 1989, Moser Construction of Minneapolis has satisfactorily completed the construction in accordance with such contract.. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota. 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 Knight and adopted by the City Council at a RpgnlrlT Meeting thi s 17t-h day of Tn]y , 19 90 , with Councilmen Orttel. Elling. Perry. Knight. Jacobson voting in favor of the resolution, and Councilmen nnnø voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: r ,~i& Victor1a Volk -City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R098-90 MOTION by Councilman Perry to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 90-15 FOR TRUNK WATERMAIN CONSTRUCTION IN THE AREA OF CROSSTOWN BOULEVARD AND ANDOVER BOULEVARD. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. R069-90, dated June 5, 1990, bids were J:"eceived, opened and tabulated according to law with results as follows: Yolk Sewer and Water $30,200.20 Dave Perkins contracting $31,575.00 Penn Contracting $34,529.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate volk Sewer and Water as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with volk Sewer and Water in the amount of $30,200.20 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 nE!xt lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilman Knight- and adopted by the City Council at a Regular Meeting this l7th day of .only , 19..2Q.., with Councilmen Ellinq. Perrv. Jacobson, Orttel. Knight voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER £ fL¡;~ 1ng - ATTEST: .~£¿¿ victor1a Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 099-90 A RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION FOR A FIRE DEPARTMENT BOND ISSUE. BE IT RESOLVED by the City Council of the City of Andover, Minnesota that it is hereby found and determined that at the Special Election held in and for said city on July 17, 1990, upon the following question: SHALL THE CITY OF ANDOVER ISSUE ITS GENERAL OBLI- GATION BONDS IN AN AMOUNT NOT EXCEEDING $2,500,000 FOR THE PURPOSE OF PROVIDING MONEY FOR THE ACQUISITION OF LAND AND THE CONSTRUCTION THEREON AND EQUIPPING OF TWO NEW FIRE STATIONS? there were cast a total of 1186 votes, of which 708 were in favor of the aforesaid bond issue, and 478 were against the same; 3 ballots were spoiled or defective; and the bond issue in question is hereby declared approved. Adopted by the City Council of the City of Andover this 18th day of July ,1990. CITY OF ANDOVER Attest: ~la Victoria volk - City Clerk " Registered Persons Voters As Registering Precinct of 7:00 am At Polls Yes Votes No Votes Total 1 2863 22 276 123 399 2 1237 14 128 63 191 3 3041 44 247 222 469 4 1081 19 57 70 127 Totals 8222 99 708 478 1186 Total Registered Voters 8321. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.100-90 MOTION by Councilman Orttel 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 90-16 FOR WATERMAIN, SANITARY SEWER, STORM SEWER AND STREETS WITH CONCRETE CURB AND GUTTER IN THE FOLLOWING AREA KENSINGTON ESTATES 6TH ADDITION . WHEJ1.EAs, the City Council did on the 17th day of July , 19 90 , 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 July , 19 90 ; 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 $ 57,019.00 . 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 $ 57,019.00 , 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 $ -0- with such payments to be made prior to commencement of work on the plans and specifications. MOTION seconded by Councilman Knight and adopted by the City Council at a Regular Meeting this 18th day of July , 19~, with Councilmen Orttel, Knight, Jacobson, Elling(present), Perry (absent) voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. ATTEST: .~ ¡<-If; 1ng - Victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.R101-90 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVEJ1.TIsEMENT FOR BIDS FOR PROJECT NO. 90-16, KENSINGTON ESTATES 6TH ADDITION FOR WATERMAIN, SANITARY SEWER, STORM DRAIN, AND STREET WITH CONCRETE CURB AND GUTTER CONSTRUCTION. WHEREAS, pursuant to Resolution No.J1.100-90 , adopted by the City Council on the 17th day of July , 1990, TKDA has prepared final plans and specifications for project 90-16 for Watermain, Sanitary Sewer, Storm Drain and Street with Concrete Curb and Gutter construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of July ,1990. 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, or a change order, to Project 90-3, Kensington Estates 5th Addition. MOTION seconded by Councilman Knight and adopted by the City Council at a Regular Meeting this 18th day of July , 1990, with Councilmen Jacobson, Knight, Orttel, (aDSent) Elling(present), Perry voting in favor of the resolution and Councilmen none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ,U~áæ victor1a Yolk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 102-90 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 90-13, CREEKRIDGE ESTATES FOJ1. SIDEWALK CONSTRUCTION. WHEREAS, pursuant to Resolution No. R054-90, adopted by the City Council on the 1st day of Ma¥ ' 1990, BRA has prepared final plans and specif~cations for project 90-13 for Sidewalk construction; and WHEREAS, such final plans and specifications were presented to the City Council for their rE!view on the 17th day of July , 1990. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final plans and Specifications . BE IT FURTHER J1.EsOLVED 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. , wednesday , August 1 , 19~ at the Andover City Hall. MOTION seconded by Councilman Perry and adopted by the City Council at a Regular Meeting thi s 7th day of Auqust , 19~, with Councilmen Orttel. Knight. Jacobson, Perry, Ellinq (absent) voting in favor of the resolution and Councilmen None voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ fa Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 103-90 ,,---"- A RESOLUTION APPOINTING JUDGES FOR THE PRIMARY ELECTION TO BE HELD ON SEPTEMBER 11, 1990 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 Primary Election to be held on Tuesday, September 11, 1988 in the City of Andover: Precinct 1, Grace Lutheran Church Verna Hennen, Chief IR John Johanson DFL Leone struwve, Ass't. DFL Jeorgette Knoll DFL Wanda Grant DFL Richard Shepard DFL Jan Greer IR Sylvia Volk IR Micki Harris DFL Jo zillhardt IR Precinct 2, Crooked Lake School Ellen Wirkus, Chief DFL Mary Gwinn IR Lillian Barten, Ass't. IR Rene Kroll DFL Maureen Bushard DFL Kathy Tingelstad IR Precinct 3, Andover Elementary school Mary West, Chief DFL Carol Riecken DFL Sharon Rzeszutek, Ass't. IJ1. Cindy J1.yhn DFL Eleanor Apel DFL Lois spadgenske IR Barbara Bassing IR Loretta Sunderland IR Carole Hibbard IR Susan Wood DFL Karen Peterson IR Precinct 4, Family of Christ Lutheran Church Cindy Brostrom, Chief DFL L. Mary Boyum DFL Judy Snyder, Ass't. IR Esther Haas IR Susan Beal IR Susan Rylander IR Mary White DFL Adopted by the City Council of the City of Andover this 7th day of August , 19 90 . CITY OF ANDOVER Attest: é[/&ü 1ng - May r k~[a '''-_./ V1ctor1a Volk - City Clerk " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 104-90 A RESOLUTION CERTIFYING TO THE COUNTY AUDITOR FOR COLLECTION CLEANUP COSTS FOR PIN 34 32 24 41 0004. WHEREAS, the property known as PIN 34 32 24 41 0004 was declared a public niusance under Ordinance #72; and WHEREAS, the property owner was notified of the ordinance violations and an appropriate amount of time was allowed for cleanup; and WHEREAS, the property owner did not clean up the site and the city contracted with Sauter and Sons to clean the site. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the cleanup charges plus interest and administrative fees are hereby certified to the County Auditor to be placed on the tax rolls and collected with the 1991 taxes. Adopted by the City Council of the City of Andover this 7th day of August , 1990 . CITY OF ANDOVER Attest: µ~~ V1ctor1a Vol - City Clerk Exhibit A Cleanup Interest Total PIN Cost Admin. Cost Certified 34 32 24 41 0004 $4,200.00 $966.00 $5,166.00 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 105-90 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 90-14, CEDAR CREST 3RD ADDITION/CEDAR HILLS RIVER ESTATES FOR STREET CONSTRUCTION. WHEREAS, pursuant to Resolution No. 088-90, adoptE!d by the City Council on the 17th day of JU1! ' 1990, BRA has prepared final plans and speci ications for Project 90-14 for street construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7th day of August , 1990. 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 a.m. , Friday , August 24 , 19~ at the Andover City Hall. , " MOTION seconded by Councilman Orttel and adopted by the City Council at a Reqular Meeting this 7th day of Auqust , 19 JU, with Councilmen Perry, Kniqht, Jacobson, Orttel, Ellinq (absent) voting in favor of the resolution and Councilmen Nnnp voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: LÞáø lng or Victorla Volk - Clty Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 106-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS WITH CONCRETE CURB AND GUTTER , PROJECT NO. 90-5 , IN THE HIDDEN CREEK EAST 3RD ADDITION AREA. WHEREAS, the City Council has received a petition, dated July 27, 1990 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is -0- . 3. The proposed improvement is hereby referred to TKDA , \ and they are instructed to provide the City Council with a i feasibility report. MOTION seconded by Councilman Jacobson and adopted by the City Council at a Regular Meeting this 7th day of Auqust , 19 90 , wi th Councilmen Kniqht, Perrv. Orttel, Jacobson. ElJ ing (absent) voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ,~j/þ Victor~a VOlk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 107-90 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIJ1.ECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 90-5 FOR SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS WITH CONCRETE CURB AND GUTTER IN THE FOLLOWING AREA HIDDEN CREEK EAST 3RD ADDITION . WHEREAS, the City Council did on the 7th day of August , 19 90 , order the preparation of a feasibility study for the improvements; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 7th day of August ,19 90 ; 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 $ 180,180.00 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an E!stimated total cost of improvements of $ 180,180.00 ,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 7th day of August , 19-2Q, with Councilmen Kniqht. Orttel. Jacob~on. P~rry, F.lling (~h~pnt) voting in favor of the resolution and Councilmen None voting against, whereupon said resolution was declared passed. OF ANDOVER ATTEST: ~Jµ£ VictoDa Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA " STATE OF MINNESOTA RES. NO. 108-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 90-5, HIDDEN CREEK EAST 3RD ADDITION FOR SANITARY SEWER, WATERMAIN, STORM SEWER, STREETS WITH CONCRETE CURB AND GUTTER CONSTRUCTION. WHEREAS, pursuant to Resolution No. , adopted by the City Council on the 7th day of August ,1990, TKDA has prepared final plans and specifications for project 90-5 for Sanitary Sewer, Watermain, Storm Sewer, Streets with Concrete Curb and Gutter construction; and WHEREAS, such final plans and specifications were presented to the Ci ty Council for their review on the 7th day of August , 1990. 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 A.M. , j Tuesday, September 4 19~ at the Andover City Hall. , MOTION seconded by Councilman Perry and adopted by the City Council at a Reqular Meeting this 7th day of Auqust , 19~ with Councilmen Kniqht, Jacobson, Orttel, Perry. Ellinq (absent) voting in favor of the resolution and Councilmen None voting against same 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-I09-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ARCON CONSTRUCTION FOR PROJECT NO. 89-17 FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER IN THE FOLLOWING AREA: HIDDEN CREEK EAST 2ND ADDITION. WHEREAS, pursuant to a written contract signed with the City of Andover on October 17, 1990, Arcon Construction of Mora, Minnesota 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 .T;¡l'!nh~on and adopted by the City Council at a Reqular meeting this 21st day of Auqust 21 , 1990, with Councilmen Rll;nqr Knight-y pprry, OTter" 1 . ."ï=IIl'!oh~nn voting in favor of the resolution, and Councilmen nnnp voting against, whereupon said resolution was passed. ANDOVER ATTEST: &UJ £¿¿ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R110-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO 0 & P CONTRACTING FOR PROJECT NO. 89-22 FOR THE IMPROVEMENT OF SANITARY SEWER, STORM SEWER AND STREETS WITH CONCRETE CURB AND GUTTER IN THE FOLLOWING AREA: WANDERSEE ADDITION. WHEREAS, pursuant to a written contract signed with the City of Andover on November 7, 1989, 0 & P Cotracting of Maple Grove, Minnesota has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota that the work completed under said contract is hereby accepted and approved. 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 thi s 21st day of August , 192.Q, by unanimous vote. CITY OF ANDOVER lng Attest: ,L~J iæ Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rlll-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FOREST LAKE CONTRACTING FOR PROJECT NO. 89-1 FOR THE IMPROVEMENT OF STREET CONSTRUCTION (MSA 198-103-03) IN THE FOLLOWING AREA: WARD LAKE DRIVE. WHEREAS, pursuant to a written contract signed with the City of Andover on June 6, 1989, Forest Lake Contracting of Forest Lake, Minnesota 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 .Tacoh~on and adopted by the City Council at a Reqular meeting this 21st day of Auqust , 1990, with Councilmen Rlling, Orrf-131, Pørry, Knight. .Tacohson voting in favor of the resolution, and Councilmen nnnp voting against, whereupon said resolution was passed. CITY OF ANDOVER ¡ , ATTEST: ¿ ~£¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R1l2-90 MOTION by Councilman Yn;'Jh-t to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FOREST LAKE CONTRACTING FOR PROJECT NO. 89-2 FOR THE IMPROVEMENT OF STREET CONSTRUCTION (MSA 198-105-03) IN THE FOLLOWING AREA: TULIP STREET. WHEREAS, pursuant to a written contract signed with the City of Andover on June 6, 1989, Forest Lake Contracting of Forest Lake, Minnesota 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 .Trlcoh~on and adopted by the City Council at a Reqular meeting this 21st day of Auqust , 1990, with Councilmen Poll i ng , Ort-t-pl, PprrYr Kni ght. .T;lcoh~on voting in favor of the resolution, and Councilmen nnnp voting against, whereupon said resolution was passed. CITY OF ANDOVER í - ATTEST: ~ La Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R1l3-90 MOTION by Councilman Knight- to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO W.B. MILLER FOR PROJECT NO. 89-3 FOR THE IMPROVEMENT OF STREET CONSTRUCTION (OVERLAY) MSA 198-101-07 IN THE FOLLOWING AREA: PRAIRIE ROAD. WHEREAS, pursuant to a written contract signed with the City of Andover on July 25, 1989, W.B. Miller of Ramsey, Minnesota 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 I? {"QbsolJ. and adopted by the City Council at a Regular meeting this 21st day of August , 1990, with Councilmen Polling, Ort:rp1ro Knight-, PprrYr .T;:)cnh~on voting in favor of the resolution, and Councilmen nonp voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ,~£¿¿ Victoria Volk - City Clerk l.:l'!'Y OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 114-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, sANITAJ1.Y SEWER, STORM DRAIN AND STREETS, FOR PROJECT NO. 89-17, HIDDEN CREEK EAST 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 $229,164.38, and the expenses incurred or to be incurred in the making of such improvement amount to $ 69,535.44 and work previously done amount to $ 95,169.21 so that the total cost of the improvement will be $ 393,869.03 . 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 $ 393,869.03 . 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 1990, and shall bear interest at the rate of 8.5 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 Councilman Jacobson and adopted by the City Council at a regular Meeting this 21st day of August ,1990, with Councilmen orttel, Elling, Perry, Knight, Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: yor Ú-~ tl-æ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 115-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAIN & STREETS FOR PROJECT NO. 89-17, HIDDEN CREEK EAST 2ND ADDITION. WHEREAS, by a resolution passed by the City Council on August 21 , 19 90 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements of Watermain, Sanitary Sewer, Storm Drain and Streets for project No. 89-17 ; 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 18th day of seätember, 1990 , in the City Hall at 7:30 P.M. to pass upon such propose 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 October 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilman Jacobson and adopted by the City Council at a regular Meeting this 21st day of August , 19..iQ" with Councilmen Orttel, Perry, Elling, Knight, Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. OF ANDOVER ATTEST: ~iæ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 116-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STORM DRAIN AND , STREETS FOR PROJECT NO. 89-22, WANDERSEE 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 $ 24,476.59, and the expenses incurred or to be incurred in the making of such improvement amount to $ 10,572.80 and work previously done amount to $ 2,021.94 so that the total cost of the improvement will be $ 37,071.33 . 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 $ 37,071.33 . 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 1990, and shall bear interest at the rate of 8.5 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 Councilman Jacobson and adopted by the City Council at a regular Meeting this 21st day of August , 1990 , with Councilmen Orttel, Elling, Jacobson, Knight, Perry voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: k~ ¡¡lb VicLurla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 117-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF SANITARY SEWER, STORM DRAIN AND STREETS FOJ1. PROJECT NO. 89-22, - WANDERSEE ADDITION. WHEREAS, by a resolution passed by the City Council on August 21 , 19 90 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements of Sanitary Sewer, Storm Drain and Streets for Project No. 89-22 ; 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 hE!aring shall be held the 18th day of September, 1990, 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 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 October 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilman Jacobson and adopted by the City Council at a regular Meeting this 21st day of August , 19-1Q, with Councilmen Elling, Orttel, Knight, Jacobson, Perry voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ,~~ Victor1a Vo k - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA '----' NO. Rlla-90 A RESOLUTION IN SUPPORT OF ANOKA SOIL AND WATER CONSERVATION DISTRICT'S PROPOSAL TO STUDY THE SURFACE WATER QUALITY AND GROUNDWATER QUALITY IN THE COON CJ1.EEK STUDY AREA. WHEREAS, the City of Andover shares the concern and interests of the Anoka County Soil and Water conservation District in surface and groundwater quality; and WHEREAS, the City of Andover supports a study effort by the Anoka Soil and Water Conservation District involving water quality impacts of non-point sources of pollution that focuses on the surface water quality of Coon Creek and groundwater quality in both urban and rural portions of the city; and WHEREAS, the City of Andover further supports the Anoka Soil and water Conservation District's proposed diagnostic and implementation plan project to define problems within the Coon Creek study area and determine proposed solutions; and WHEREAS, the City of Andover will cooperate with the Anoka Soil and Water Conservation District in contributing source information with respect to current land use, urban development, permit procedures, septic information, general water well information and will discuss future best management practices. NOW, THEREFORE BE IT RESOLVED that the City of Andover supports the Upper Coon Creek Water Quality Project proposal by the Anoka Soil and Water Conservation District to the Minnesota Pollution Control Agency for Clean Water Partnership Grant funding by August 30, 1990 and will offer in-kind services as outlined. AOdpted by the City Council of the City of Andover this :;>l~t- day of AugnRr , 19-9Jl. OF ANDOVER Attest: ~U Victoria Volk - City Clerk r-~ , /' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R119-90 A RESOLUTION ADOPTING THE CITY OF ANDOVER 1991 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOJ1., ESTABLISHING THE BUDGETS FOR THE GENERAL AND DEBT SERVICE FUNDS AND SETTING THE DATES FOR THE REQUIRED PUBLIC HEARINGS. WHEREAS, The City of Andover believes that the preparation and adoption of operating budgets is 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 WHEJ1.EAs, Minnesota state law requires the City to certify to the county auditor a proposed property tax levy prior to september 1st; and WHEREAS, Minnesota state law further requires adoption of preliminary budgets by this date; and WHEREAS, Minnesota state law still further requires the City of Andover to hold a public hearing on the budget and tax levy on a date that will not conflict with similar hearings from other governmental units. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 1991 property tax levy totaling $1,521,700 ; of which $1,364,215 is for general purposes and $ 157,485 is the for the repayment of bonded indebtedness as follows: $21,466 for the 1986 Certificates of Indebtedness, $39,002 for the 1987 Certificates of Indebtedness, $29,517 for the 1989 Certificates of Indebtedness and $67,500 for the anticipated 1990 Certificates of Indebtedness. BE IT FURTHER J1.EsOLVED that the City Council of the City of Andover hereby establishes the preliminary General Fund budget with revenues and expenditures totaling $2,224,447 and preliminary Debt Service Fund budgets with revenues of $5,825,621 and expenditures of $8,756,639. '-.../ r BE IT STILL FURTHER RESOLVED that the City Council of the City of Andover hereby schedules a public hearing to receive citizen input regarding the budget and tax levy to begin at 7:30 p.m. on December 6 , 1990 at Andover City Hall. Should public discussion or budget decisions not be completed at this hearing, Andover City Council shall reconvene the hearing at 7:30 p.m. on December 13 ,1990. Adopted by the City Council of the City of Andover on this 21st day of August ,1990. CITY OF ANDOVER ATTEST: ~W Victoria Yolk - City Clerk " , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 120-90 A RESOLUTION DENYING THE VARIANCE TO ORDINANCE 8, SECTIONS 5.04 AND 6.02 OF DAVID AND MICHELLE KANGAS TO ALLOW FOR A SEVEN FOOT SIDE YARD ENCROACHMENT INTO THE SETBACK AREA FOR CONSTRUCTION OF A DECK ON THE PROPERTY DESCRIBED AS LOT 2, BLOCK 2, CJ1.EEKHAVEN, ANOKA COUNTY, MINNESOTA. WHEREAS, David and Michelle Kangas have requested a variance to Ordinance 8, Sections 5.04 and 6.02 to allow a 7 foot side yard encroachment into the setback area; and WHEREAS, the Andover Planning and zoning Commission reviewed the request at their August 14, 1990 meeting, and recommended denial of the request; and WHEREAS, the Ci ty Council reviewed the request at their September 4, 1990 meeting and found that the slope and unique lot shape do not create a hardship; and WHEREAS, the hardship is based on the unique physical feature of the property including topography, shape or condition of the parcel; and WHEREAS, strict enforcement of the regulation would not preclude reasonable use of the property; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover denies the variance request of David and Michelle Kangas to Ordinance 8, Sections 5.04 and 6.02 to allow for a seven foot side yard encroachment into the setback area for construction of a deck on the property described as Lot 2, Block 2, Creekhaven, Anoka County, MinnE!sota. Adopted by the City Council of the City of Andover this 4th day of September , 1990. CITY OF ANDOVER ATTEST: J ,Lt-~ £tv /; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 121-90 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WOODLAND CREEK GOLF COURSE and A. R. BULLICK TO ERECT AN AREA IDENTIFICATION SIGN ON THE PROPERTY DESCRIBED AS OUTLOT A, BRANDON'S LAKEVIEW ESTATES. WHEREAS, Woodland Creek Golf Course and A. R. Bullick have requested a Special Use Permit for the purpose of erecting an Area Identification Sign on Outlot A, Brandon's LakE!view Estates, and 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, 7.03 and 8.07; and WHEREAS, the Planning & Zoning Commission finds that the request will not be detrimental to the health, safety and general welfare of the Community; it will not cause serious traffic congestion or hazard; it will not depreciate the surrounding property values or impair scenic views; and the request is in harmony with the general purpose and intent of the Comprehensive plan and the Zoning Ordinance; and WHEREAS, a public hearing was held and there was no opposition to said request; and WHEREAS, the Planning & 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 erection of an Area Identification Sign on said property, with the following conditions: 1. There shall be only one ( 1 ) sign per development. 2. The maximum square footage of the sign shall be thirty- two (32 s. f.) square feet. 3 . The sign shall meet the setback requirements as set out in Ordinance No. 8, Section 8.07. 4. That a Sign Maintenance Agreement be executed which sets out the details for maintenance for said sign, the form to be approved by the City Attorney. Page Two In Re: Res. No. 4 September 1990 --- 5. That said sign be erected within one (1) year from the date of the granting of the Special Use Permit; failure to make significant progress would render the request null and void. 6. That an annual review by the Staff be made to assure compliance with the Special use Permit. Adopted by the City Council of the City of Andover this 4th day of September, 1990. OF ANDOVER ATTEST: ú~ia Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 122-90 A RESOLUTION APPROVING THE FINAL PLAT OF HIDDEN CREEK EAST 3RD ADDITION AS BEING DEVELOPED BY GOOD VALUE HOMES IN SECTION 34-32-24. WHEREAS, the City Council approved the preliminary plat of Hidden Creek East 3rd Addition; and WHEREAS, the developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, Coon Creek Watershed District or any other agency that is interested in the site. WHEREAS, the developer has presented the final plat of Hidden Creek East 3rd Addition; and 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 Hidden Creek East 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 and/or surveyor that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.} ) and a contract for the improvements awarded. 5. Street light costs to be paid to Anoka Electric Cooperative. 6. Revised grading plan if needed by the City. BE IT FURTHER RESOLVED citing the following: 1. Park dedication as required by Park and Recreation Commission. Adopted by the City Council of the City of Andover this 4th day of September , 1990. CITY OF ANDOVER ATTEST: or Li-~ £æ Victoria Volk - city Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J1.Es. NO. 123-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 90-5 FOR WATERMAIN, SANITARY SEWER, STORM SEWER AND STREETS WITH CONCRETE CURB AND GUTTER CONSTRUCTION IN THE AREA OF HIDDEN CREEK EAST 3RD ADDITION . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 108-90, dated August 7 , 19 90 , bids were received, opened and tabulated according to law with results as follows: Mille Lacs Contracting $87,390.70 B & D Underground $92,454.00 Annandale Contracting $92,575.00 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 contractinl in the amount of $87,390.70 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 Councilman Perry and adopted by the City Council at a regular meeting this 4th day of September , 1990 , with Councilmen Elling, knight, Jacobson, Orttel, Perry voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER or ATTEST: &~Ú victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 124-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 88-35 FOR WATER TOWER II AND APPURTENANCES CONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Motion at the Council meeting of June 5 ,19 90 , bids were received, opened and tabulated according to law wi~esults as follows: Rice Lake contracting $36,850.00 Richmar Construction $41,760.00 Gridor Construction $46,660.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rice Lake Contracting as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rice Lake Contracting in the amount of $36,850.00 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 4th day of September , 19~, with Councilmen Elling, Knight, Perry, Jacobson, Orttel voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER or ATTEST: ~Ú Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R125-90 A RESOLUTION CERTIFYING TO THE 1991 TAXES CHARGES FOR MOWING WEEDS AT 341 CONSTANCE BOULEVARD N.W., ANDOVER, MN (PIN 13 32 24 13 0004) . WHEREAS, a complaint was received regarding weeds growing at 341 Constance Boulevard N.W.; and WHEREAS, several attempts were made to contact the property owner to mow said weeds; and WHEREAS, no response was received from the property owner and Public works proceeded to mow the weeds on June 1, 1990 and again on June 26, 1990. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to certify to the 1991 taxes the amount of $362.00 for mowing charges on the property known as PIN 13 32 24 13 0004. CITY OF ANDOVER Attest: Mayor Vi~~l~ity Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 126-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 90-14 FOR STREET CONSTRUCTION IN THE AREA OF CEDAR HILLS RIVER ESTATES/CEDAR CREST 3RD ADDITION . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 105-90, dated August 7 , 19 90 , bids were received, opened and tabulated according to law with results as follows: 1. W.B. Miller, Inc. $47,802.50 2. Forest Lake contracting $52,088.75 3. Aero Asphalt, Inc. $58,572.50 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 $47,802.50 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 Orttel and adopted by the City Council at a regular meeting this 4th day of September , 19~, with Councilmen Knight, Orttel, Elling, Perry, Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVEJ1. ATTEST: Lt-~ '4 Victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 127-90 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF DEBRIS/RUBBISH CLEAN UP , FOR PROJECT NO. 90-18, PUMKIN CITY . 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 $62,500.00 , and the expenses incurred or to be incurred in the making of such improvement amount to $2,500.00 and work previously done amount to $ -0- so that the total cost of the improvement will be $65,000.00 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $65,000.00 . 2. Assessment shall be payable in equal annual installments extending over a period of 1 year. The first of the installments to be payable on or before the first Monday in January 1991, and shall bear interest at the rate of 8.5 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 Councilman Perry and adopted by the City Council at a regular meeting this 4th day of September , 19 90 , with Councilmen Knight, Elling, Orttel, Perry, Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVEJ1. ATTEST: ~[æ Ma or Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 128-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF DEBRIS/RUBBISH CLEAN UP FOR PROJECT NO. 90-18, PUMKIN CITY. WHEREAS, by a resolution passed by the City Council on September 4 , 19 90 , the city Clerk was directed to prepare a proposed assessment of the cost of improvements of Debris/Rubbish Clean Up for project No. 90-18 ; 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 October ,in the City Hall at 8:30 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 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 2 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilman Jacobson and adopted by the City Council at a regular Meeting this 4th day of September , 1990 , with Councilmen orttel, Elling, Knight, Perry, Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. ATTEST: or Ú~£æ victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. 129-90 MOTION by Councilman Perry to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREET AND STORM DRAINAGE , CONSTRUCTION FOR PROJECT NO. 90-2, 163RD LANE/164TH AVE./JONQUIL ST. . 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 $56,645.00 I and the expenses incurred or to be incurred in the making of such improvement amount to $ 13,515.00 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 70-160.00 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $ 4,385.00 . 2. Assessment shall be payable in equal annual installmE!nts extending over a period of 10 years. The first of the installments to be payable on or before the first Monday in January 1991, and shall bear interest at the rate of 8.5 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 Councilman Orttel and adopted by the City Council at a regular meeting this 4th day of September ,1990 , with Councilmen Orttel, Elling, Knight, Perry, Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CIT OF ANDOVER ATTEST: Ú~£æ Victorla Volk - City Clerk CITY OF ANDOVEJ1. COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 130-90 MOTION by Councilman Jacobson to adopt the following: A J1.EsOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF STREET AND STORM DRAINAGE CONSTRUCTION FOR PROJECT NO. 90-2 , 163RD LANE/164TH AVE./JONQUIL STREET . WHEREAS, by a resolution passed by the City Council on September 4 , 19 90 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 90-2 ; 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 October, 1990, 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 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 October 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilman Perry and adopted by the City Council at a regular Meeting this 4th day of September , 1990 , with Councilmen Elling, Orttel, Jacobson, Knight, Perry voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: or ,~U Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 131-90 MOTION by Councilman Ferry to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPAJ1.ATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREET AND STORM DRAINAGE CONSTRUCTION, FOR PROJECT NO. 90-14, CEDAR CREST ESTATES 3RD ADDITION/CEDAR HILLS RIVER ESTATES AREA. 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 $ 50,193.00, and the expenses incurred or to be incurred in the making of such improvement amount to $ 11,156.00 and work previously done amount to $ -0- so that the total cost of the improvement will be $ 61,375.00 . 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 $ 61,375.00 . 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 1991, and shall bear interest at the rate of 8.5 percent per anrrum 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 Councilman Orttel and adopted by the City Council at a regular meeting this 4th day of September , 1990 , with Councilmen Perry, Knight, orttel, Elling, Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ,L4ü¿ Ú victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 132-90 MOTION by Councilman Perry to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF STREET AND STORM DRAINAGE CONSTRUCTION FOR PJ1.0JECT NO. 90-14 ,CEDAR CREST ESTATES 3RD ADDITION/CEDAR HILLS RIVER ESTATES . WHEREAS, by a resolution passed by the City Council on September 4 , 19 90 , the City Clerk was directed to prepare a proposed assessment of the cost of improvements for project No. 90-14 ; 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 October, 1990, in the City Hall at 8:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvemE!nt. 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 October 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilman Orttel and adopted by the City Council at a regular Meeting this 4th day of September ,1990, with Councilmen Elling, perry, Knight, Orttel, Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. ATTEST: i1~t& victoria volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA REVISED RES. NO. 133-90 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STORM DRAIN AND , STREETS FOR PROJECT NO. 89-22, WANDERSEE 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 $ 24,476.59, and the expenses incurred or to be incurred in the making of such improvement amount to $ 9,087.17 and work previously done amount to $ 2,021.94 so that the total cost of the improvement will be $ 35,585.70 . 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 bî the City is hereby declared to be $ -0- and the amount 0 the cost to be assessed against benefited property owners is declared to be $ 35,585.70 . 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 1990, and shall bear interest at the rate of 8.5 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 Councilman Knight, and adopted by the City Council at a regular Meeting this 18th day of September , 1990 , with Councilmen orttel, Elling, Jacobson, Knight, perry voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. OF ANDOVER ATTEST: ia E 1ng . Victor1a Vo C1ty CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R134-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STORM SEWER AND STREETS, PROJECT NO. 89-22, WANDERSEE ADDITION. WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the fi rst of the installments to be payable on or before the 15th day of April, 1991 and shall bear interest at a rate of 8.5 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 Councilman Perry and adopted by the city Council at a regular meeting this 18th day of September , 19 90 with Councilmen Orttel, Perry, Knight, Elling, Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ¡", ( í r ... / _ , '/' ;' "'¡r Attest: -i-/;/J//{..1 y (,..-/,,- y'," ~~. ~ ¡ 1~',¡, !.r"'L~ ( L·(.f.A,,^,-~_';~ Jámes E. Elling -¡ Mayor j~fæ ./ ; I V1ctor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R135-90 MOTION by Councilman Knight to ,adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS, PROJECT NO. 89-17, HIDDEN CREEK EAST 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: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years, the first of the installments to be payable on or before the 15th day of April, 1991 and shall bear interest at a rate of 8.5 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 Councilman Perry and adopted by the City Council at a regular meeting this 18th day of September , 19 90 with Councilmen Orttel, Perry, Knight, Elling, Jacobson voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER (ì ", , (£1" Attest: ,iLi¿ ;íÞ';' í kL-U kix J~~S E. E fing - M¡ror Victoria VO~City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 136-90 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF CONSTANCE EVANGELICAL FREE CHURCH TO ALLOW FOR THE ERECTION OF TWO (2 ) TEMPORARY CLASSROOMS. WHEREAS, Constance Evangelical Free Church has requested an Amended Special Use Permit to allow them to construct two ( 2 ) temporary classrooms on their property located at 16060 NW Crosstown Boulevard, and WHEREAS, the Planning & zoning Commission reviewed the above-noted request to so construct said temporary classrooms, and WHEREAS, the Planning & zoning Commission has determined that said request is permitted pursuant to Ordinance No. 8, Sections 5.03 and 7.03, with conditions; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover agrees with the recommendation of the Planning & Zoning Commission and hereby grants the Amended Special Use permit request of Constance Evangelical Free Church, subject to the following conditions: 1. That the drawing be prepared to scale. 2 . That the property lines on the drawing be corrected to reflect the actual property lines, including corrected right-of-way lines on Constance Boulevard. 3. That the location of the septic system and well be shown on the corrected drawing to assure that the proposed structures are not placed on top of them. 4. That the setbacks for the proposed buildings be as follows: a. From the south property line, ten (10' ) feet minimum. b. From the front (Crosstown Boulevard) of the church to the closest temporary classroom, fifty (50' ) feet minimum. c. Between the two ( 2 ) buildings, six ( 6 ' ) feet minimum. 5. That the present parking lot is not adequate to meet the ordinance but that within three (3 ) years' time this should be remedied. The church has increased the number of services to accomodate the parking that they have and since this condition has existed since 1981 and is to be remedied within three (3 ) years, that is acceptable. Page Two Resolution NO. In Re: Constance Evangelical Free Church Amended Special Use Permit at 16060 NW Crosstown Boulevard 18 September 1990 6. That two ( 2 ) handicap parking stalls be located at the front (east side) of the building, marked and striped, as ~equired by state Law. 7. That the maximum capacity of the temporary classrooms not exceed forty-eight (48) persons total. 8 . That the buildings meet the State Law in regard to handicap accessibility. 9. That the Amended Special Use Permit be subject to annual review. 10. That the request is subject to the Sunset Clause as set out in Ordinance No. 8, Section 5.03 D. 11. That the duration of this Amended Special Use Permit is three (3 ) years, at which time the buildings are to be removed and the site to be restored to its original condition prior to construction. Adopted by the City Council of the City of Andover this 18th day of September, 1990. CITY OF ANDOVER ATTEST: lng, ,Lru.J {& victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 137-90 A RESOLUTION DECLARING A SEGMENT OF CROOKED LAKE BOULEVARD WITHIN THE CITY OF ANDOVER, MINNESOTA TO BE AN URBAN DISTRICT AND ESTABLISHING A 30 MPH SPEED LIMIT THEREON BETWEEN 133RD AVENUE AND BUNKER LAKE BOULEVARD. WHEREAS, the City Council is the governing body of the City of Andover, Minnesota; and WHEREAS, Minnesota Statute 169.14 subd. 5b provides that the governing body of a city may by resolution declare any segment of a city street of at least one quarter mile in distance on which a speed limit in excess of 30 mph has been established pursuant to an engineering and traffic study conducted by the Commissioner of Transportation an "urban district" as defined by Minnesota Statute 169.01, subd. 59; and WHEREAS, Minnesota Statute 169.14, subd. 5b also provides that the governing body may establish on such segment of city street the speed limit for urban districts as prescribed in Minnesota Statutes 169.14, subd. 2; and WHEREAS, Crooked Lake Boulevard between 133rd Avenue and Bunker Lake Boulevard in the City of Andover was previously under the jurisdiction of Anoka County as County Road No. 18 and was designated as an arterial street within the City of Andover; and WHEREAS, pursuant to engineering and traffic investigations by the Commissioner of Transportation a speed limit of 40 mph has been established for Crooked Lake Boulevard between 133rd Avenue and Bunker Lake Boulevard; and WHEREAS, a new County Road No. 18 between 133rd Avenue and Bunker Lake Boulevard has been constructed at a different location and jurisdiction over Crooked Lake Boulevard has been returned to the City of Andover; and WHEREAS, Crooked Lake Boulevard has been redesignated as a local city street; and WHEREAS, Andover Engineering Department has determined that the segment of Crooked Lake Boulevard between 133rd Avenue and Bunker Lake Boulevard meets the definition "urban district" as defined in Minnesota Statute 169.01, subd. 59 in that such segment is in excess of one quarter mile in distance and the area contiguous thereto is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet; and WHEREAS, the Ci ty Council finds that in the interest of public safety such segment of Crooked Lake Boulevard should be declared an "urban district" and that a speed limit pf 30 mph should be established. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andove r , Minnesota that the segment of Crooked Lake Boulevard in the City of Andover between 133rd Avenue and Bunker Lake Boulevard be declared an "urban district" as defined by Minnesota statute 169.01, subd. 59. BE IT FURTHER RESOLVED that a speed limit of 30 mph as prescribed for urban districts in Minnesota Statute 169.14, subd. 2 be established for such segment of Crooked Lake Boulevard. BE IT FURTHER RESOLVED that the Director of Public Works be authorized and directed to erect appropriate signs evidencing the intent of this resolution. BE IT FURTHEJ1. RESOLVED that a copy of this resolution be transmitted to the Commissioner of Transportation at least ten days prior to the erection of such signs. Adopted by the City Council of Andover, Minnesota this 18th day of September , 1990. CITY OF ANDOVER ATTEST: ~J d.ß Victoria Volk - City Clerk . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 138-90 A RESOLUTION APPROVING THE SPEED LIMIT IN THE PRAIRIE MEADOWS ALONG 169TH LANE N.W. BETWEEN QUAY STREET N.W. AND ROUND LAKE BOULEVARD IN SECTION 8-32-24 AS PER ATTACHED SPEED LIMIT AUTHORIZATION FROM MNDOT. WHEREAS, 35 mph speed limit signs are to be placed along 169th Lane between Quay Street N.W. and Round Lake Boulevard per the attached MNDOT authorization. WHEREAS, MNDOT has given authorization to lower the speed limit. NOW, THEREFORE, BE IT RESOLVED the 35 mph speed limit signs be placed in the Prairie Meadows area along 169th Lane N.W. between Quay street N.W. and Round Lake Boulevard contingent upon placing appropriate advance warning signs along 169th Lane N.W. between Tulip Street N.W. and Round Lake Boulevard. Adopted by the City Council of the City of Andover this 18th day of September , 1990. CITY OF ANDOVER ATTEST: L4~ ú¿ victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA RES. NO. 139-90 A RESOLUTION APPROVING THE SPEED LIMIT ALONG 133RD AVENUE N.W. BETWEEN CROSSTOWN BOULEVARD AND HANSON BOULEVARD IN SECTION 34- 32-24 AS PER ATTACHED SPEED LIMIT AUTHORIZATION FROM MNDOT. WHEREAS, 40 mph speed limit signs are to be placed along 133rd Avenue N.W. between Crosstown Boulevard and Hanson Boulevard per the attached MNDOT authorization. WHEREAS, MNDOT has given authorization to lower the speed limit. NOW, THEREFORE, BE IT J1.ESOLVED the 40 mph speed limit signs be installed along 133rd Avenue N.W. between Crosstown Boulevard and Hanson Boulevard contingent upon placing appropriate advance warning signs. Adopted by the City Council of the City of Andover this 18th day of September , 1990. CITY OF ANDOVER or ATTEST: ú~tÆ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 140-90 A RESOLUTION REQUESTING RELIEF FROM THE FEDERAL HOUSING ADMINISTRATION (FHA) REQUIREMENT TO MEET THE METROPOLITAN COUNCIL GENERAL RURAL USE DENSITY POLICY. WHEREAS, it has been brought to the attention of the City of Andover that the Federal Housing Administration (FHA) has recently implemented procedures which deny FHA loan approval in communities in which the minimum density policy is not in conformance with the policies adopted by the Metropolitan Council and as amended in 1987; and WHEREAS, the City of Andover has received approval from the Metropolitan Council through submission, review and adoption of its Comprehensive Plan in 1982 to develop areas within the general rural use area of the City at a density less than 1:10/4:40 as adopted by the Metropolitan Council in 1987; and WHEREAS, the City of Andover has allowed development to occur in the general rural use area based on that Comprehensive Plan; and WHEREAS, the City of Andover does not confer to the Metropolitan council (a regional planning advisory body) the ability to plan its growth but rather intends to retain that local control as provided by Minnesota Statutes 462.358, et al; and WHEREAS, it is the opinion of the City of Andover that the denial of funding from the FHA is confiscatory, an unlawful taking of private property without compensation, an unnecessary and unlawful interference with local government prerogative, and a grossly unfair treatment of private property rights; and WHEREAS, it is the opinion of the City of Andover that the adoption of exclusionary policies by the FHA is similarly unlawful, unwarranted, and unconstitutional; and WHEREAS, the City of Andover has in force and effect those Ordinances which protect such amenities as the Wild and Scenic River, Shoreland Management, Flood Plain Management, and further regulates residential development by adoption of such Ordinances as On-Site Septic System Regulations, Zoning Requirements, Platting Requirements, etc. , all of which work toward protecting the general health, welfare and safety of the residents of the City of Andover; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The exclusionary funding policy adopted by the Federal Housing Administration be revoked immediately and make that funding source available to new housing located within the City of Andover. 2. The regulation and control of the growth and development of the city of Andover be returned to the city Council as elected official responsive to the needs of its residents and in conformance with the approved Comprehensive plan and that the FHA discontinue using the Metropolitan Council as the clearing agency for FHA loans. 3. The City of Andover hereby requests that the Congressional Delegation from the State of Minnesota support the above requests of the City of Andover by affording to it assistance through all means at their disposal. Adopted by the City Council of the City of Andover this 18th day of September, 1990. CITY OF ANDOVER ~ ~ ATTEST: V~~ity cI.,k CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 141-90 MOTION by Councilman Jacobson to adopt thE! following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREET AND STORM DRAINAGE FOR IMPROVEMENT PROJECT 90-2 FOR CERTIFICATION. 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 improvement of Street and 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, 1991 and shall bear interest at the rate of 8.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1991. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilman Knight and adopted by the City Council at a regular meeting this 2nd day of October ,1990, with Councilmen Orttel, Elling, Perry, Jacobson, Knight voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. ANDOVER ATTEST: ~ £-11 victor~a volk - City Clerk \,;i'i'Y Ut' ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 141-90 MOTION by Councilman Perry to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREET AND STORM DRAINAGE FOR IMPROVEMENT PROJECT 90-14 FOR CERTIFICATION. WHEJ1.EAs, 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 improvement of Street and 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 E!ach 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 fi rst of the installments to be payable on or before the first Monday in January, 1991 and shall bear interest at the rate of 8.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1991. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3 . The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded by Councilman Orttel and adopted by the City Council at a regular meeting this 2nd day of October , 1990 , with Councilmen Elling, Orttel, Perry, Jacobsn, Knight voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. /Yl) (. G- ,/ ATTEST: I , ' /;/./" ~ , ,> / V'\_Å'-';' µ~ dLb ~ng - May! V~ctoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 143-90 MOTION by Councilman Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF DEBRIS/RUBBISH CLEAN UP FOR IMPROVEMENT PROJECT 90-18 FOR CERTIFICATION. 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 improvement of Debris/Rubbish Clean up . 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 1 year, the first of the installments to be payable on or before the first Monday in January, 1991 and shall bear interest at the rate of 8.5 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1991. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the county Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. MOTION seconded by Councilman Orttel and adopted by the City Council at a regular meeting this 2nd day of October ,1990, with Councilmen Elling, Knight, Jacobson, Orttel, Perry voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CI'ty OF ANDOVER ATTEST: , ~ng L~id Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J1.Es. NO. R 144-90 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PEJ1.MIT REQUEST OF THE METROPOLITAN MOSQUITO CONTROL DISTRICT TO CONSTRUCT AN ADDITION TO THE EXISTING MAIN OFFICE FACILITY, TWO (2) VEHICLE STORAGE BUILDINGS AND INSTALL A FUEL PUMPING STATION ON THE PROPERTY DESCRIBED AS 1260 NW BUNKER LAKE BOULEVARD. WHEREAS, the Metropolitan Mosquito Control District has requested an Amended Special Use permit to construct an addition to the existing main office facility, two (2) vehicle storage buildings and install a fuel pumping station on the property described as 1260 NW Bunker Lake Boulevard, legally described as: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 820.00 FEET; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 2119.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES A DISTANCE OF 70.00 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE EASTERLY AT RIGHT ANGLES A DISTANCE OF 290.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES A DISTANCE OF 480.00 FEET; THENCE WESTERLY AT RIGHT ANGLES A DISTANCE OF 290.00 FEET; THENCE SOUTHERLY AT RIGHT ANGLES A DISTANCE OF 480.00 FEET TO THE POINT OF BEGINNING AND THERE TERMINATING. TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS. CONTAINING 3.196 ACRES MORE OR LESS. WHEREAS, the Planning & Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Section 5.03, 7.03 and 8.08; 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 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 & Zoning Commission to allow for the construction of an addition to the existing office services facility, two (2) vehicle storage facilities and the installation of a fuel pumping station on said property; with the following conditions: 1 . The parking area is to meet the requirements established in Ordinance 8, Section 8.08 and State regulations for handicapped parking. Page Two Resolution No. R 143-90 In Re: Metropolitan Mosquito Control District Amended Special Use Permit at 1260 NW Bunker Lake Boulevard. 2 October 1990 2 . The existing storage facility which was illegally placed on the property is to be removed within thirty (30) days of completion of the new vehicle storage buildings. 3. The City will receive a letter from the State as to the suitability of the underground fuel storage tanks to meet specifications required. 4. The screening to the north of the existing office building remain in place, excE!pt for those trees needed to be removed for the actual placement of the structure. 5. The proposed construction must have significant progress made in the first twelve (12) months after approval of the Amended Special Use permit or it will become null and void. 6. The property will be subject to annual review by the City Staff Adopted by the City Council of the City of Andover on this 2nd day of October, 1990 CITY OF ANDOVER 'J " '- I (, ¿ [/1 ':' _', f' .' , I! _' ',I .-'." .I Lt'L~{j!-j ( / (A.../( ¿t-{,..,- ¿íámes E. Elling, ~or ATTEST LLÚL City Clerk Victoria Volk, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R14S-90 A RESOLUTION CERTIFYING TO THE COUNTY AUDITOR FOR COLLECTION, UNPAID SEWER AND WATER USER CHARGES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEJ1.EBY RESOLVES: Pursuant to City Ordinance No. 32 and Ordinance No. 55, the following charges on attached Exhibit A are hereby certified to the County Auditor to be placed on the tax rolls and collected with the 1991 taxes, if they remain unpaid on October 10, 1990. Adopted by the City Council of the City of Andover on this 2nd day of October , 1990. CITY OF ANDOVER " ( ATTEST: "¿{¿.-' ¡ MaJr kk ! ¡ " ,,- Victoria Volk - City Clerk CERTIF1990 CITY OF ANDOVER LIST OF DELINQUENT WATER AND SEWER USER CHARGES TO BE TO COUNTY AUDITOR AMOUNT TO BE PIN # SERVICE ADDRESS CERTIFIED ---------------- -------------------------- ----------- 23-32-24-33-0065 15065 CRANE STREET NW $802.49 26-32-24-22-0027 14831 EAGLE STREET NW $271.84 26-32-24-22-0046 1526 - 148TH AVENUE NW $399.68 27-32-24-31-0008 14351 CROSSTOWN BOULEVARD NW $205.61 27-32-24-31-0021 14404 OSAGE STREET NW $237.80 27-32-24-33-0057 14283 RAVEN STREET NW $452.28 27-32-24-33-0058 14287 RAVEN STREET NW $374.41 27-32-24-33-0072 2196 - 141sT LANE NW $268.34 28-32-24-34-0035 2938 - 142ND AVENUE NW $166.42 28-32-24-34-0036 2926 - 142ND AVENUE NW $83.21 28-32-24-34-0055 2867 - 141sT AVENUE NW $99.81 28-32-24-34-0056 2909 - 141sT AVENUE NW $64.94 28-32-24-34-0070 2938 - 141ST LANE NW $163.28 29-32-24-13-0004 14516 ROUND LAKE BOULEVARD NW $344.04 29-32-24-14-0026 14605 JONQUIL STREET NW $140.50 29-32-24-31-0003 14329 UNDERCLIFT STREET NW $119.00 29-32-24-31-0036 14329 WOODBINE STREET NW $97.42 29-32-24-31-0053 14279 VINTAGE STREET NW $169.56 29-32-24-31-0079 14349 XENIA STREET NW $131. 92 29-32-24-34-0031 14239 VINTAGE STREET NW $200.31 29-32-24-41-0008 14411 KERRY STREET NW $429.57 29-32-24-41-0012 14470 KERRY STREET NW $180.71 29-32-24-41-0033 14367 JONQUIL STREET NW $325.46 29-32-24-41-0038 14433 JONQUIL STREET NW $309.80 29-32-24-42-0053 3571 - 144TH AVENUE NW $309.69 29-32-24-43-0020 3458 - 142ND AVENUE NW $131. 92 29-32-24-43-0025 3437 - 141sT LANE NW $131. 92 29-32-24-43-0031 3533 - 141sT LANE NW $131. 92 29-32-24-43-0032 3543 - 141sT LANE NW $163.28 29-32-24-43-0043 3452 - 141sT LANE NW $83.21 32-32-24-12-0003 3545 - 140TH LANE NW $258.10 32-32-24-12-0035 3479 - 139TH AVENUE NW $257.59 32-32-24-12-0055 14001 sILVEROD STREET NW $462.16 32-32-24-12-0066 13983 QUAY STREET NW $420.24 32-32-24-13-0023 13853 sILVEROD COURT NW $159.16 32-32-24-13-0028 13872 ROSE STREET NW $339.18 32-32-24-13-0052 13821 QUAY STREET NW $406.42 32-32-24-21-0014 14018 UNDERCLIFT sTJ1.EET NW $305.84 32-32-24-21-0080 3783 - 140TH AVENUE NW $686.40 32-32-24-22-0011 3831 - 140TH AVENUE NW $370.94 32-32-24-22-0060 13988 AZTEC STREET NW $142.30 32-32-24-22-0063 13954 AZTEC STREET NW $86.67 32-32-24-22-0073 13973 AZTEC STREET NW $400.41 32-32-24-24-0006 13845 UNDERCLIFT STREET NW $293.12 32-32-24-24-0011 13758 ROUND LAKE BOULEVARD NW $97.42 32-32-24-41-0009 13574 ORCHID STREET NW $365.14 32-32-24-41-0037 13545 NARCISSUS STREET NW $427.88 32-32-24-42-0020 3501 - 135TH LANE NW $163.28 32-32-24-42-0032 3521 - 136TH AVENUE NW $163.28 32-32-24-42-0056 3432 - 135TH LANE NW $89.48 32-32-24-42-0058 3512 - 135TH LANE NW $77.18 32-32-24-43-0012 3422 - 135TH AVENUE NW $166.42 32-32-24-43-0082 13310 POPPY STREET NW $252.13 32-32-24-44-0025 13431 NARCISSUS STREET NW $291.20 32-32-24-43-0086 3559 - 134TH AVENUE NW $329.25 33-32-24-11-0019 14013 YUKON STREET NW $99.81 33-32-24-13-0024 13818 CROSSTOWN DRIVE NW $99.81 33-32-24-14-0010 2503-05 138TH AVENUE NW $199.63 33-32-24-14-0022 2526 - 138TH AVENUE NW $399.26 33-32-24-31-0027 13625 GLADIOLA STREET NW $64.94 33-32-24-31-0047 2825 - 135TH CIRCLE NW $88.74 33-32-24-32-0024 13548 HEATHER STREET NW $99.81 33-32-24-32-0044 3024 BUNKER LAKE BOULEVARD $66.60 33-32-24-33-0030 13429 JONQUIL STREET NW $99.81 33-32-24-34-0018 13418 CROOKED LAKE BOULEVARD $89.62 33-32-24-34-0048 13319 EIDELWEIss STREET NW $64.94 33-32-24-34-0058 2844 - 135TH AVENUE NW $99.81 33-32-24-34-0060 2828 - 135TH AVENUE NW $101. 48 33-32-24-41-0041 2435 - 136TH LANE NW $103.69 33-32-24-42-0016 2605 - 136TH AVENUE NW $588.40 33-32-24-42-0025 13693 HIDDEN CREEK DRIVE $394.69 33-32-24-42-0029 13654 HIDDEN CREEK DRIVE $515.94 33-32-24-43-0010 2657 - 134TH AVENUE NW $64.94 33-32-24-44-0023 13449 WREN STREET NW $455.44 33-32-24-44-0024 13438 WREN STREET NW $116.36 33-32-24-44-0029 2503 - 134TH AVENUE NW $200.29 34-32-24-21-0043 13910 NIGHTINGALE STREET NW $83.21 34-32-24-21-0046 2044 - 139TH LANE NW $63.12 34-32-24-21-0060 14001 NIGHTINGALE STREET NW $99.81 34-32-24-21-0064 13929 NIGHTINGALE STREET NW $99.81 34-32-24-22-0025 14031 CROSSTOWN BOULEVARD $101.48 34-32-24-22-0032 2232 - 139TH AVENUE NW $99.81 34-32-24-22-0043 14056 RAVEN STREET NW $99.81 34-32-24-23-0023 13763 RAVEN STREET NW $180.90 34-32-24-24-0007 13819 QUINN STREET NW $83.21 34-32-24-24-0029 13818 QUINN STREET NW $63.71 34-32-24-24-0072 2122 - 137TH LANE NW $116.36 34-32-24-24-0074 2194 - 137TH LANE NW $208.95 35-32-24-23-0042 1424 - 138TH AVENUE NW $339.78 35-32-24-24-0050 13834 WINTERGREEN STREET NW $567.31 ----------- TOTAL $20,222.81 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 146-90 A RESOLUTION APPOINTING ELECTION JUDGES FOR THE GENERAL ELECTION TO BE HELD ON NOVEMBER 6, 1990 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 General Election to be held on Tuesday, November 6, 1990 in the City of Andover: Precinct 1, Grace Lutheran Church Verna Hennen, Chief IR John Johanson DFL Leone struvwe, Ass't. DFL Carol santer IR Carol Bradley DFL Richard Shepard DFL Wanda Grant DFL sylvia Yolk IR Jan GrE!er IR Micki Harris DFL Precinct 2, Crooked Lake Elementary School Ellen Wirkus, Chief IR Mary Gwinn IR Maureen Bushard, Ass't. DFL Rene Kroll DFL Lillian Barten IR Cleo Smith DFL Kay Funk IR Kathy Tingelstad IR Precinct 3, Andover Elementary School Mary West, Chief DFL Karen Peterson IR Sharon Rzeszutek, Ass't. IR Carol Riecken DFL Eleanor Apel DFL Lois spadgenske IR Lois Benson IJ1. Loretta Sunderland IR Elizabeth Cipperly DFL Susan wood DFL Carole Hibbard IR Barbara Bassing IR Precinct 4, Family of Christ Lutheran Church Cindy Brostrom, Chief DFL L. Mary Boyum DFL Judy Snyder, Ass't IR Esther Haas IR Susan Beal IR Susan Rylander IR Mary White DFL Adopted by the City Council of the City of Andover this 2nd day of October , 1990 . CI.TY OF ANDOVER , : Attest: [Í~U victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA NO. R147-90 A RESOLUTION CERTIFYING TO THE 1991 TAXES COSTS INCURRED BY THE CITY OF ANDOVER FOR CLEANUP. WHEREAS, the property known as PIN 32 32 24 42 0064 has been classified as tax forfeit; and WHEREAS, the city received several complaints regarding the condition of the property; and WHEREAS, the city Public Works Department cleaned the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby certify to the 1991 taxes the amount of $350.00 on the poperty known as PIN 32 32 24 42 0064. Adopted by the City Council of the City of Andover this 2nd day of october , 19 90. CITY OF ANDOVER ,~ Attest: µ~£æ victor1a volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R.l!!..§-90 A RESOLUTION DENYING THE VARIANCE REQUEST OF CESERINA sCARDIGLI FOR THE CONSTRUCTION OF AN ACCESSORY STRUCTURE ENCROACHING TWENTY- ONE (21' ) FEET INTO THE FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 444 NW 177TH AVENUE (CO. RD. 58) (PIN 1-32-24-31-003). WHEREAS, Ceserina Scardigli has requested a variance to allow for the construction of an accessory structure encroaching twenty-one (21' ) feet into the front yard setback; and WHEREAS, the Planning & Zoning commission has reviewed the rE!quest 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 the unique shape or topography of the property which would preclude the property owner reasonable use of her property; and WHEREAS, the Planning and Zoning Commission finds that the request does not meet the established setback requirements specified in Ordinance No. 8, Sections 4.05, 4.15 and 6.02; and WHEREAS, the Planning and 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 request of Ceserina scardigli to construct an accessory structure encroaching twenty-one (21 ) feet into the front yard setback. Adopted by the City Council of the City of Andover this 16th day of October, 1990. ATTEST: ~MP V~ctor~a Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 149-90 A RESOLUTION APPROVING THE FINAL GRADING OF KIRBY ESTATES AS BEING DEVELOPED BY WAYNE AND KAY OLSON IN SECTION 34-32-24. WHEREAS, the developer has completed the grading of Kirby Estates. NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Andover tp hereby approve the grading of Kirby Estates. Adopted by the City Council of the City of Andover this 16th day of October , 1990. CITY OF ANDOVER / ( '- ",-, ! ATTEST: ~ia victoria Volk - City Clerk CITY OF ANDOVEJ1. COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 150-90 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION CLOSING THE 1978 GENERAL OBLIGATION BOND FUND AND TRANSFERRING THE REMAINING FUNDS TO THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, the City of Andover issued General Obligation Bonds in 1978 for the acquisition and betterment of firefighting equipment and public services building to house this and other equipment; and WHEREAS, the City of Andover has repaid all obligations arising under these bonds and there are monies remaining in the fund reserved for payment of this debt; and WHEREAS, the City council has adopted Resolution No. R74-90 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 1978 General Obligation Bond Fund is hereby closed. BE IT FURTHER RESOLVED that all monies remaining in the 1978 General Obligation Bond Fund be deposited into Permanent Improvement Revolving Fund with $ -0- allocated to the Public Improvement Account and $ 111,358.21 plus interest accrued during 1990 allocated to the Capital Improvement Account. MOTION seconded by Councilmember Perry and adopted by the City Council on this 16th day of october , 1990, with Councilmembers Elling, Knight, Jacobson, Perry and Orttel voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER . Ú ? )). ,o:=' /1i¿c-~{, ATTEST: - L~'& J.ng - Mayor victor1a Volk - City Clerk '., 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, October 16, 1990, commencing at 7:30 P.M. The following members of the Council were present: Jacobson, Knight, Elling, Orttel, Perry and the following were absent: None *** *** *** The following resolution was presented by Member J a cob son who moved its adoption: RESOLUTION NO. 151- 9 0 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,550,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1990B 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 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): OFFICIAL NOTICE OF SALE $1,550,000 General Obligation Temporary Improvement Bonds, Series 1990B 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, November 20, 1990, 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 temporary 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 December 1, 1990, will be in denominations of integral multiples of $5,000 each and will mature on December 1, 1993. Redemption The City may elect on December 1, 1992 or on any date thereafter to redeem and prepay bonds of this issue at a price of par plus accrued interest to date of redemption. Prepayment may be in whole or in part and by lot. Interest Interest on the bonds will be payable on June 1, 1991, and semiannually thereafter on each June 1 and DE!cember 1. All bonds must bear interest from date of issue until paid at a single, uniform rate. Each rate must be in an integral multiple of 1/20 or 1/8 of 196. RelÓstrar 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 delivE!ry 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 purchasE!r 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. Le~aI 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, shall consitute 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 shall 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 addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter 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 shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating 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 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 $31,000, payable to the City 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 maturity, less any cash premium or plus any amount less than $1,550,000 bid for principal) will be deemed the most favorable. No oral bid and no bid of less than $1,525,000 for principal plus accrued interest on all of the bonds will be considE!red. 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 151 Victoria Volk City Clerk Dated: October 16, 1990. 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, November 20, 1990, to consider bids on the Bonds and take any other appropriate action with respect to the Bonds. 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: Elling, Knight, Orttel, Jacobson, Perry and the following voted against: None whereupon the resolution was declared duly passed and adopted. I Exhibit A NOTICE OF BOND SALE $1,550,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1990B 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 1:30 p.m. on Tuesday, November 20, 1990, at the City Hall in Andover, Minnesota. The bonds are offered on the following terms. The bonds will be dated December 1, 1990, will bear interest payable semiannually on each June 1 and December 1, commencing June 1, 1991, and will mature on December 1, 1993. The City may elect on December 1, 1992 or on any date thereafter to redeem and prepay bonds of this issue in whole or in part by lot at a price of par plus accrued interest to date of redemption. Bidders must specify a price of not less than $1,525,000 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 Is! Victoria Volk City Clerk Dated: October 16, 1990. STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, hereby certify that I have carefully compared the attached and foregoing E!xtract of minutes of a regular meeting of the City Council of the City held on Tuesday, October 16, 1990, 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 $1,550,000 General Obligation Temporary Improvement Bonds, Series 1990B of the City. WITNESS My hand as City Clerk and the corporate seal of the City this _ day of ,1990. \, ì ( 1~ /Úb ( ,',' City Clerk City of Andover, Minnesota " " - . (SÉAL) , , , ) , '! ;, , ' \ " ) 1\ l'If":J/A RES22. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 152-90 A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS ALONG THE COMMON INTERIOR LOT LINE OF LOTS 3 AND 4, BLOCK 4, WINSLOW HILLS. WHEREAS, Gary Gorham, developer and builder of Winslow Hills, has requested that the drainage and utility easements along the common lot line of Lots 3 and 4, Block 4, Winslow Hills, be vacated, to allow for the construction of a home across said interior lot line, and WHEREAS, the City Council has reviewed this request pursuant to Ordinance No. 8, Section 4.08 and has found that the request does not interfere with the public interest to do so; and WHEREAS, pursuant to M. S. 412.851, a public notice has been published and posted at least two (2) weeks' prior to the hearing for this request, and mailed notice to adjacent property owners has been completed, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the drainage and utility easements along the common lot line of Lots 3 and 4, Block 4, winslow Hills, be vacated. BE IT FURTHER RESOLVED that said vacation allows for the construction of a home across said common lot line between Lots 3 and 4, Block 4, Winslow Hills, and that said vacation sets aside the side yard setback as required by Ordinance No. 8, Section 6.02 as applied to said common lot line. AND BE IT FURTHER RESOLVED that if said home is destroyed so as to require reconstruction at some future date, said side yard setbacks along the common lot line would apply, unless reconstruction were at the same place and location as originally constructed. AND BE IT FURTHER RESOLVED that the property owner is responsible for all assessments on both lots, particularly noting the two ( 2 ) water and two (2 ) sewer assessments. AND BE IT FURTHER RESOLVED that said request would be subject to a sunset clause which requires that substantial completion be made within one ( 1 ) year from the date of this vacation, or said vacation shall become null and void. Adopted by the City Council of the City of Andover this 6th day of November, 1990. CITY OF ANDOVER ATTEST: L;(~ £¿¿ Vlctorla Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R153-90 A RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW THE PLACEMENT OF FILL AND TO AMEND THE GENERAL FLOODPLAIN BOUNDARY, ORDINANCE 50 AS REQUESTED BY ROGER HOKANSON OF HOKANSON CONSTRUCTION, INC. GENERALLY LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 32, RANGE 24 AND THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 32, RANGE 24. WHEREAS, pursuant to published and mailed notice the Planning and Zoning Commission has conducted a public hearing and reviewed the request of Roger Hokanson of Hokanson Construction, Inc. ; and WHEREAS, the Special Use permit and amendment of the General Floodplain has been reviewed by the Andover Review Committee; and WHEREAS, that in accordance with Ordinance 50, Section 10.45 and the thirteen criteria there stated, that a review of all thirteen criteria found no negative impacts that would result from approval of the Special Use Permit; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the special Use Permit for Roger Hokanson of Hokanson Construction, Inc. contingent upon the following: 1. Certification of the Commissioner of Natural Resources. 2 . Certification from the Federal Insurance Administration. 3. A Sunset Clause of twelve months be applied to the Special Use Permit. 4 . Approval from the Corps of Engineers. Adopted by the City Council of the City of Andover this 6th day of November , 1990. CITY OF ANDOVER ATTEST: E µ~£æ victor1a Volk - City CIE!rk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R154-90 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF GENTHON PONDS ADDITIONS AS BEING DEVELOPED BY ROGER HOKANSON OF HOKANSON CONSTRUCTION, INC. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing and reviewed the preliminary plat of Genthon ponds; and WHEREAS, as a result of such hearing, the Planning and Zoning Commission recommends denial of the plat citing the the following reasons: 1. Lot 3, Block 2 in that it does not meet the minimum 2.5 acres requirement in that it is only 2.2 acres in size as required by OrdinancE! 8, Section 6.02 R-1 single family rural area and Ordinance 10, Section 9.06 a.3. 2. Lot 2, Block 1 does not meet the minimum width requirements at the setback lines as required in Ordinance 8, Section 6.02 for R-1 single family rural area and Ordinance 10, Section 9.06 a.3. WHEREAS, the Ci ty Council is in disagreement with the recommendation of the Planning Commission for the following reason: The conditions in the plat requiring the variances were either suggested by Staff and/or by the City Council as a protection of critical wetland areas and for the inclusion of additional right of way for University Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Genthon Ponds Addition subject to the following conditions as listed in Resolution No. 153-90. 1. Certification of the Commissioners of Natural Resources. 2. Certification from the Federal Insurance Administration. 3. A Sunset Clause of twelve months be applied to the Special Use Pe rmi t. 4. Approval from the Corps of Engineers. Adopted by the City Council of the City of Andover this 6th day of ' November , 1990. CITY OF ANDOVER ATTEST: J;~k Victorla Volk - City Clerk CITY OF ANDOVEJ1. COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 155-90 A RESOLUTION RESCINDING J1.EsOLUTION NO. R148-90 DENYING THE REQUEST OF CESERINA sCARDIGLI FOR THE CONSTRUCTION OF AN ACCESSORY STRUCTURE ENCJ1.0ACHING TWENTY-ONE (21') FEET INTO THE FRONT YARD SETBACK ON THE PROPEJ1.TY LOCATED AT 444 NW 177TH AVENUE (CO. J1.D. 58) (PIN 1-32-24-31-003). WHEREAS, the City Council has requested reconsideration of the itE!m. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover rescinds Resolution No. R148-90. Adopted by the City Council of the city of Andover this 6th day of November, 1990. GITY OF ANDOVER ATTEST: ~ £ø ' . Vìctoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 156-90 A RESOLUTION APPROVING THE VARIANCE REQUEST OF CEsERINA sCARDIGLI FOR THE CONSTRUCTION OF AN ACCESSORY STRUCTURE ENCROACHING TWENTY- ONE (21' ) FEET INTO THE FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 444 NW 177TH AVENUE (CO. RD. 58) (PIN 1-32-24-31-003). WHEREAS, Ceserina Scardigli has requested a variance to allow for the construction of an accessory structure encroaching twenty-one (21' ) feet into the front yard setback; and WHEREAS, the Planning & 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 a hardship does not exist because of the unique shape or topography of the property which would preclude the property owner reasonable use of her property; and WHEREAS, the Planning and Zoning Commission finds that the request does not meet the established setback requirements specified in Ordinance No. 8, Sections 4.05, 4.15 and 6.02; and WHEREAS, the Planning and zoning commission recommends to the City Council denial of the variance request as it does not meet the criteria as set out above; 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 finds that a hardship exists based on the following: 1. preliminary information given the applicant for a building permit was inaccurate which caused the applicant to remove numerous trees from the property in anticipation of putting the building in that site. 2. That causing the applicant to remove additional trees so as to move the structure to the rear would cause an additional unnecessary hardship. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby approves the request of Ceserina scardigli to construct an accessory structure encroaching twenty-one (21 ) feet into the front yard setback. Adopted by the City Council of the City of Andover this 6th day of November, 1990. C TI£ ,~~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 157-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND OJ1.DERING PREPERATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET LIGHTING, PROJECT NO. 90-24, IN THE CREEKRIDGE ESTATES AREA. WHEREAS, the City Council has received a petition, dated October 10, 1990, requesting the construction of improvements, specifically street lighting construction in the following described area: Creek ridge Estates; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affectE!d 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 Anoka Electric Cooperative and they are 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 6th day of November , 1990 , with Councilmen Elling, Jacobson, Perry voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER , 1ng Mayor ATTEST: 4~ l.æ victor1a Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R158-90 MOTION by Councilman Orttel to adopt the following: RESOLUTION DECLARING ADEQUACY OF PETITION AND ODERING PREPERATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF Watermain PROJECT NO. 90-25 , IN THE 1260 Bunker Lake Boulevard (Metropolitan Mosquito Control District) AREA. WHEREAS, the City Council has received a petition, dated October 15, 1990 , 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 fE!asibility report is $1,000 . 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 Knight and adopted by the City Council at a Regular Meeting this 6th day of _ November , 19.2.Q, wi th Councilmen Elling, Orttel, Jacobson, Perry voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER lng ATTEST: .~i& Victorla Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R159-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 90-6 FOR SANITARY SEWER AND WATERMAIN CONSTRUCTION IN THE AREA OF LOT 1 WATTS GARDEN ACRES . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 066-90, dated June 5 ,1990, bids were received, opened and tabulated according to law-wIth results as follows: Base bid (Phase I ) 1. Ro-So Contracting $37,175.75 2. Kadlec Excavating of Mora $37, 793.65 3. Volk Sewer and Water $38,072.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Ro-So 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 Ro-So Contracting in the amount of $37,175.75 for construction of the imrovements; 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 thi s 6th day of November , 1990, with Councilmen Elling, Orttel, Perry voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~¡~ V1ctor1a Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 160-90 A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION HELD ON THE 6TH DAY OF NOVEMBER 1990 IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. The Municipal Election was held in and for the City of Andover on the 6th day of November 1990 and was in all respects duly and legally canvassed; and the votes received for each candidate are as follows: OFFICE/CANDIDATE PRECINCT 1 PRECINCT 2 PRECINCT 3 PRECINCT 4 MAYOR Ken Orttel 1394 683 1332 554 Rosella Sonsteby 383 170 517 198 write-ins 7 4 12 4 Overvotes 0 0 0 0 undervotes 0 0 0 0 Blank voted 157 67 156 57 Council Marjorie Perry 756 233 601 272 Mike Knight 590 211 53,5 215 Wm. LeFebvre 328 166 353 170 Roger Paulson 177 72 161 51 otto H. Pfeiffer 293 84 236 103 Jeff Novak 251 132 291 102 Jack MCKelvey 368 308 683 213 Don Brown Jr. 339 226 329 134 wayne vistad 163 109 160 70 write-ins 12 9 13 5 Overvotes 2 2 6 1 Undervotes 155 66 176 93 Blank Voted 223 114 242 98 The following are hereby declared and certified as those elected: Mayor - Ken Orttel (Two-year term) Councilmembers - Marjorie Perry; Jack McKelvey (Four-year terms). BE IT FURTHER RESOLVED that no irregularities were noted. The summary of the voter results are hereby attached and made part of this resolution. Adopted by the City Council of the City of Andover this 8th day of November, 1990. /C''PI'-f OF ANDOVER ~ 'I ffL¡¿ Attest: ' I.~ . ~ "',/ /'lft:J ' ~ /U/Á U~ Ivd James E. E 1ng - Mayor , i , , 'j Victoria Volk-city Clerk (j City of Andover, Minnesota Election Summary General Election - November 6, 1990 Precinct 1 Precinct 2 Registered Voters: Registered Voters: 7:00 a.m. 2948 7:00 a.m. 1301 8:00 p.m. 3083 8:00 p.m. 1397 New Registrants 135 New Registrants 96 #Persons voting: 1942 #Persons Voting: 924 Precinct 3 Precinct 4 Registered Voters: J1.egistered Voters: 7:00 a.m. 2994 7:00 a.m. 1142 8:00 p.m. 3211 8:00 p.m. 1222 New Registrants 217 New Registrants 80 #Persons Voting: 2014 #Persons voting: 814 Total Number of Persons Voting: 5,694 Total Number Registered Voters: 8,913 Percentage Voting: 64% CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R161-90 A RESOLUTION CANVASSING THE RETURNS OF THE NOVEMBER 13, 1990 RECOUNT OF THE CITY COUNCIL RACE OF THE MUNICIPAL ELECTION HELD ON THE 6TH DAY OF NOVEMBER 1990 IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. A recount of the City Council race of the Municipal Election was held in and for the City of Andover on the 13th day of November 1990 and was in all respects duly and legally canvassed; and the votes received for each candidate are as follows: Candidate Precinct 1 Precinct 2 Precinct 3 Precinct 4 Marjorie Perry 757 235 603 273 Mike Knight 592 214 538 216 Wm. LeFebvre 329 166 353 171 Roger Pauson 177 72 162 51 Otto H. Pfeiffer 295 84 237 103 Jeff Novak 250 132 293 102 Jack MCKelvey 368 308 683 213 Don Brown Jr. 340 226 331 134 Wayne Vistad 163 110 160 70 The following are hereby declared and certified as those elected: Councilmembers - Marjorie Perry; Jack McKelvey (4-year terms). Adopted by the City Council of the City of Andover this 15th day of November , 1990. CITY OF ANDOVER Attest: i~ wg ~¡£a ) Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 162 -90 A RESOLUTION G!1-ANTING THE SPECIAL USE PERMIT REQUEST OF THE CITY OF ANDOVER FOR A 550 GALLON OIL sTO!1-AGE TANK ON THE PROPERTY DESCRIBED AS 1785 CROSSTOWN BOULEVARD NW. WHEREAS, the City of Andover has requested a Special Use Permit for a 550 gallon oil storage tank on the property described as 1785 Crosstown Boulevard NW, legally described as: WEST 330 FEET OF THE NOJ1.THEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 22, TOWNSHIP 32, !1-ANGE 24, ANOKA COUNTY, MINNESOTA. 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 comment received 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 A 550 gallon oil storage tank on said property; with the following conditions: 1. A security device in the form of cement filled pillars will be erected about the perimeter of the storage tank to prevent any accidental contact by vehicles. 2. The tank shall meet State regulations. 3. The Special Use Permit shall have a sunset clause as defined in Ordinance No. 8, Section 5.03(D). 4 . The Special Use Permit will be subject to annual review. Adopted by the City Council of the City of Andover on this 20th day of November, 1990 CITY OF ANDOVER ATTEST: £~~ [¿¿ Victoria Volk, City Clerk 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, November 20, 1990, at 7:30 P.M. ,The following members were present: Knight, Jacobson, Perry, Orttel and the following were absent: Elling * * * -'."'.- 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 $1,550,000 General Obligation Temporary Improvement Bonds, Series 1990B, as advertised for sale. The City Clerk presented affidavits showing publication of the notice of sale in the City's official newspaper and in Northwestern Financial Review, a financial paper published in Minneapolis, Minnesota, which affidavits were examined and found satisfactory and 'ordered placed on file. The City Clerk presented a tabulation of the bids which had been received in the - .... - .-... .., . ~ manner specified in the Official Notice of Sale of the Bonds. The bids were as follows: Total Net Bid Price Interest Cost Interest Rate Piper, Jaffray, Hopwood $1,539,925 $289,075 6.2166% ---Mill e r ;-J oh n s ö-ri--"iid Kueh-ri--$ 1,54'0'; 7 00---- u__ -$ 288; 300'- -, --, 6.'20%-'-----"--- .... ~ American National Bank $1,541,806 $287,194 6.1762% FBS Investment Services $1,543,800 $280,550 6.033% 1 After due consideration of the bids, Member Orttel then introduced the following resolution and moved its adoption: RESOLUTION NO. R163-90 A RESOLUTION AWARDING THE SALE OF $1,550,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1990B; 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 FBS Invp~tmpnt Spr1ri C'pq (Purchaser) to purchase $1,550,000 General Obligation Temporary Improvement Bonds, Series 1990B (Bonds) of the City described in the Official Notice of Sale thereof is found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and is accepted, the 'bid being to purchase the Bonds ata price of $ I , 543 , 800 -plus accrued interest to date of delivery, for Bonds bearing interest at the rate of S. 90 % per annum. Net effective interest rate: 6 . 0 3 3 %. 1.02. The sum of $ 18.800 being the amount bid by the Purchaser in excess of $1,525,000 will be credited to the Debt Service Fund hereinafter created. The City Treasurer is directed to retain 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 $1,550,000, originally dated December 1, 1990, in the denomination of $5,000 each or any integral multiple thereof, numbered No. R-1, upward, bearing interest as above set forth, and maturing on December 1, 1993. 1.04. Optional Redemption. The City may elect on December 1, 1992 and on any date thereafter to prepay Bonds. Redemption may be in whole or in part of the Bonds subject to prepayment. If only part of the Bonds 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. Section 2. Re!:(istration and Payment. -------.- _____._n .____~ ---- -- -----------. 2.01. Re~istered 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 in Section 2.03. 2 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 will 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 June 1 and December 1 of. each year, commencing June 1, 1991, 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 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) Re¡¡;ister. 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 !lUthenticate and deliver, in 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_whosename 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 such 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. - - --- 3 (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 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 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 tèrms it is not necessary to issue a new Bond prior to payment. (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 dàys 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 , Saint Paul , 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 transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. ----- ,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 4 signature or facsimile will nevertheless be valid and sufficient for all 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 rep- resentative. The executed certificate of authentication on each Bond is conclusive evidence that it has been authenticated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Treasurer shall 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 reflect more than one maturity in a single temporary bond. Upon the execution and delivery of dE!finitive Bonds the temporary Bonds will be exchanged therefor and cancelled. 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 TEMPORARY IMPROVEMENT BOND, SERIES 1990B Date of Rate Maturity Original Issue CUSIP 'u - % Devember 1, 1993 December 1, 1990 ,-",m No. R-l $ Registered Owner: The City of Andover, Minnesota, a duly organized and existing municipal corporation ..----- u in Anoka County, Minnesota (City)", acknowledges -itselt'-to, be indebted and for,_value,_ _, , received hereby promises to pay to the Registered Owner specified above or registered assigns, the principal sum specified above on ,the..maturity ,date specified above, with interest thereon from the date hereof at the annual rate specified above, payable June 1 and December 1 in each year, commencing June 1, 1991, to the person in whose name this Bond 5 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 irrevocably pledged. The City may elect on 1, 19 , and on any date thereafter, to prepay Bonds of this issue. Redemption may be in whole or in part of the Bonds subject to prepayment. If only part of the Bonds 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. The City Council has designated the Bonds as "qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal aevenue Code of 1986, as amended (the Code) relating to disallowance 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 those provisions have the same effect as though fully set forth in this place. This Bond will not be valid or become obligatory for any purpose or be 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: December _, 1990. CITY OF ANOKA, MINNESOTA (facsimile) (facsimile) City Clerk Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. - -...--- __u_. .... _.... - __u._. By Authorized Representative 6 [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $1,550,000 all of like original issue date and tenor, except as to number and denomination, issued pursuant to a resolution adopted by the City Council on November 20, 1990 (the Resolution), for the purpose of providing money to temporarily 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 issue and sell definitive or additional temporary bonds to redeem the Bonds and to levy taxes on all of the 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. 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, do 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 _ "c()py of the legal opinion.t .------ "_"..__..____n____ - -.--.---------- --- -----....... '.'.---.---- -.. '-.--"------ 7 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 by entireties under Uniform Gifts or Transfers to Minors JT TEN -~ as joint tenánts 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 ineveryparticular,-without alteration or any change whatever. Signature Guaranteed: 8 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 the certificate in the name of the City upon receipt of the opinion and to file the opinion in the City offices. Section 4. Payment: Security:' Pled~es and Covenants. 4.0l. The Bonds are payable from the General Obligation Temporary Improvement Bonds, Series 1990B Debt Service Fund (Debt Service Fund) hereby created, and special assessments (Assessments) levied or to be levied for -the improvements, (Improvements) financed by the Bonds are hereby pledged 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 authorized and 'directed to pay such principal or interest from the general fund of the City, and the general fund will be reimbursed for such advances out of the proceeds of Assessments for the Improvements when collected. There is appropriated to the Debt Service Fund all (i) capitalized interest financed 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 Improvements to be financed by the Bonds will directly and indirectly benefit the abutting property, and the City hereby covenants with the holders from time to time of the Bonds as follows: (a) ,5he City has caused the Assessments_for the Improve!l1eI!ts ,to,be ,promptly levied and is taking all steps necessary to assure prompt collection. The City Council -- will cause all further actions and proceedings relative to the making and financing of the Improvements financed hereby to be taken with due diligence that are. required for ' the construction of each Improvement financed wholly or partly from the proceeds of 9 the Bonds, and 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 a current or anticipated deficiency in the Assessments, the City Council will levy ad valorem taxes in the amount of the 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 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 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. 4.04. The City Clerk is directed to file a certified copy of this resolution with the County Auditor of Anoka County, and to obtain the certificate required by Minnesota Statutes, Section 475.63. 4.05. In accordance with its statutory duties under Minnesota Statutes, Section 429.091, Subdivision 5, the City covenants and agrees with the holders of the Bonds that if the Bonds cannot be paid at maturity from the proceeds of the Assessments or from other funds appropriated by the City Council, the Bonds will be paid from the proceeds of definitive or additional temporary bonds that will be issued and sold prior to the maturity date of the Bonds. 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 ~eemed 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 10 , 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 1990) 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 hereby 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 hereby 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 1990 will not exceed $10,000,000; and (d) not more than $10,000,000 of obligations issued by the City during calendar year 1990 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. m 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: Knight, Jacobson, Perry, Orttel and the following voted against the same: none whereupon said resolution was declared duly passed and adopted. __H 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 November 20, 1990 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 $1,550,000 General Obligation Temporary Improvement Bonds, Series 1990B of the City. WITNESS My hand officially as such Clerk and the corporate seal of the City this day of ,1990. Lt-~ /¿¿ City Clerk Andover, Minnesota (SEAL) --- 13 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R164-9,O MOTION by Councilmembe[ Jacobson to adopt the following: A RESOLUTION AUTHORIZING THE EXPENDITURE OF $5,150 FJ1.0M THE PERMANENT IMPROVEMENT REVOLVING FUND TO COMPLETE THE UPGRADING OF THE CITY'S UNDERGROUND FUEL sTOJ1.AGE TANKS. WHEJ1.EAs, the City Council of the City of Andover considers the upgrading of the City's underground storage tanks to meet Federal and State codes important; and WHEREAS, the cost of upgrading the fuel storage tanks is $5,150 higher than anticipated and budgeted; and WHEREAS, Resolution No. R74-90 established a Permanent Improvement Revolving Fund containing a Capital Improvement Account designed to fund equipment and capital purchases upon approval of the City Council. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Andover hereby authorizes the expenditure of $5,150 from the Capital Improvement Account of the Permanent Improvement Revolving Fund for the unbudgeted portion of upgrading the City's fuel storage tanks. MOTION seconded by Councilmember Perry and adopted by the City Council on this 20th day of November , 1990, with Councilmembers Knight, Jacobson, Perry and Orttel voting in favor of the resolution, and councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER , ATTEST: f- Ú~ [JIb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 165-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF WATERMAIN , PROJECT NO. 90-25 IN THE 1260 BUNKER LAKE BOULEVARD (METROPOLITAN MOSQUITO CONTROL DISTRICT) AREA. WHEREAS, pursuant to Resolution No. 158-90, adopted the 6th day of November ,19 90 ,a Feasibility Report has been prepared by TKDA for the improvements; and WHEREAS, such report was received by the City Council on the 20th day of November ,19 90; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 37,500.00 . 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. 90-25 ,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 $ 37,500.00 . 3. A public hearing shall be held on such proposed improvement on the 18th day of December ,19 90 in the Council Chambers of the City Hall at 7:30 ~.m. and the Clerk shall give mailed and published notice 0 such hearing and improvement as required by law. MOTION seconded by Councilman Perry and adopted by the City Council at a Regular meeting this 20th day of November , 1990 ,with Councilmen Jacobson, Knight, Perry, Orttel (Elling- absent) voting in favor of the resolution, and councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mayor ~U Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 166-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER AND STORM SEWER , PROJECT NO. 90-23 , IN THE PROPOSED CLEMENS CORNER AREA. WHEREAS, the City Council has received a petition, dated November 1, 1990 , 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 . 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 this 20th day of November , 1990 , with Councilmen Jacobson, Knight, Perry, Orttel, (Elling absent) voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER . ATTEST: ~£& Victor1a Yolk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R167-90 A RESOLUTION APPROVING THE FINAL GRADING OF JAMES W. BENOLKIN MINING PERMIT AT 16040 UNIVERSITY AVENUE IN SECTION 13 32 24. WHEREAS, the property owner has completed the grading. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the grading of James W. Benolkin. Adopted by the City Council of the City of Andover this 20th day of November , 1990. CITY OF ANDOVER Attest: I~£æ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 168-90 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO E.H. RENNER AND SONS FOR PROJECT NO. 88-35 FOR THE IMPROVEMENT OF CITY HALL PILOT WELL IN THE FOLLOWING AREA: ANDOVER CITY HALL . WHEREAS, pursuant to a written contract signed with the City of Andover on April 25 , 19 90, E. H. RennE!r and Sons of Elk 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 Councilman Perry and adopted by the City Council at a regular meeting this 20th day of November ,1990 ,with Councilmen Jacobson, Knight, Perry, Orttel (Elling-absent) voting in favor of the resolution, and councilmen none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (, ' 1J:2.-J £& victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R-LUL~90 A RESOLUTION APPROVING THE VARIANCE REQUEST OF THE CITY OF ANDOVER TO ALLOW FOR A TEN (10) FOOT ENCROACHMENT INTO THE sIDEYARD SETBACK ALONG A MAJOR ARTERIAL (CROSSTOWN BOULEVARD) FOR THE CONSTRUCTION OF FIJ1.E STATION #1 LOCATED AT THE SOUTHEAST CORNER OF 139TH AVENUE NW AND CROSSTOWN BOULEVARD. WHEREAS, the City of Andover has requested a variance to allow fora ten (10) foot encroachment into the sideyard setback along a major arterial to allow for the construction of Fire Station #1; and WHEREAS, the Planning & 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 the unique shape or topography of the property which would preclude reasonable use of the property; and WHEREAS, the Planning and Zoning Commission finds that the request does not meet the established setback requirements specified in Ordinance No. 8, Section 6.02; 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 approves the request of the City of Andover to allow for a ten (10) foot encroachment into the sideyard setback along a major arterial (Crosstown Boulevard) for the construction of Fire Station #1, for the following reasons: 1. Based on the fact that a similar variance was granted due to the shape of the property on a commercial building within a half-mile of the structure within the last few years. 2. A hardship exists because of the unique shape of the property. Adopted by the City Council of the City of Andover this 4th day of December, 1990. CITY OF ANDOVER -,", ,- ./;' c Utft ( > ~t>LV ATTEST: 1ng, Ma¥.-O ~~' Victoria Vol , C1ty Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RIll-90 A RESOLUTION ESTABLISHING THE 1991 WATER AND sEWEJ1. FUND BUDGETS. WHEREAS, the City of Andover water and sewer systems are supported primarily by users through the payment of user fees; and WHEREAS, the City of Andover has the desire and responsibility to appropriately and efficiently manage the use of these fees; and WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice and a proven method for planning and monitoring financial progress. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby E!stablishes the 1991 Water Fund budget as follows: Revenues Expenses User Fees $ 194,572 Source Storage Meter Sales 20,000 and Treatment $ 76,495 Permit Fees 10,000 Distribution 92,382 Other Revenue 8,500 Administration 44,195 contingency 20,000 Total $ 233,072 Total $ 233,072 BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 1991 Sewer Fund budget as follows: Revenues Expenses User Fees $ 345,969 Collection $ 314,513 Transfer from Administration 39,826 Sewer Conn. Transfer to Cert. Fund 30,500 of Indebtedness Other Revenue 15,500 Fund 37,630 Total $ 391,969 Total $ 391,969 Adopted by the City Council of the city of Andover on this 4th day of December , 1990. CITY OF ANDOVER ATTEST: " ,L~ 14 Victoria Volk - Clty Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 172-90 MOTION by Councilman Knight to adopt the following: A RESOLUTION J1.ECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF WATERMAIN, SANITARY SEWER, AND STORM SEWER , PROJECT NO. 90-23 IN THE PROPOSED CLEMENS CORNER AREA. WHEREAS, pursuant to Resolution No. R166-90, adopted the 20th day of November, 19 90 ,a Feasibility Report has been prepared by TKDA for the improvements; and WHEREAS, such report was received by the City Council on the 4th day of December , 19 90 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 46,515.22 . 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. 90-23 ,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 $ 46,515.22 . 3. A public hearing shall be held on such proposed improvement on the 1st day of January, 19 91 in the Council Chambers of the City Hall at 7:30 p.m. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilman Jacobson and adopted by the City Council at a regular meeting this 4th day of December , 19 90 , with Councilmen Perry, Orttel, Jacobson, Knight, Elling voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER /---... " (- tç~;/~ f ~/ ~ CU ?vlA", ATTEST: 1ng - Ma r L:6iæ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R173-90 A RESOLUTION ESTABLISHING THE 1991 LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR 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 $1,364,215 ; and the total bonded indebtedness levy is hereby set at $119,855 to fund the following indebtedness: 1986 Certificates of Indebtedness $21,466 1987 Certificates of Indebtedness $39,002 1989 Certificates of Indebtedness $29,517 1990 Certificates of Indebtedness $29,870 The City Council of the City of Andover further resolves that the following levies are hereby cancelled for 1990: FHA/G.O. Improvement Bonds of 1977 $20,754.00 G.O. Improvement Bonds of 1976 $22,423.69 G.O. Improvement Bonds of 1976 194.25 Adopted by the City Council of the City of Andover on this 6th day of December , 1990. CITY OF ANDOVER ATTEST: ~i0 Victor~a Vol~ - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R174-90 A RESOLUTION ESTABLISHING THE 1991 GENERAL FUND AND DEBT SERVICE FUND BUDGETS. 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 adopted Resolution Number R173-90 establishing the 1991 levy. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby establishes the 1991 General Fund Budget as follows: General property Taxes $1,090,843 Licenses and Permits 205,510 Intergovernmental Revenue 612,444 Charges for Services 72,350 Court Fines 59,000 Miscellaneous 64,300 Transfers from other funds 120,000 Total Revenue $2,224,447 General Government $ 585,269 Public Safety 838,813 Public works 478,054 Park and Recreation 231,897 Recycling -0- Economic Development 16,544 Other 38,000 Contingency 35,870 Total Expenditures $2,224,447 BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 1991 Debt Service Budgets as follows: General property Taxes $ 94,855 Tax Increments 227,000 Intergovernmental Revenue 224,400 Special Assessments 1,783,651 Interest 496,536 Bond Proceeds 3,125,000 TransfE!r from Sewer Fund 37,630 Total Revenue $5,989,072 Principal Payments $7,151,000 Interest Payments 1,578,235 Fiscal Fees 15,000 Transfers to PIR Fund 175,000 Total Expenditures $8,919,235 The difference between budgeted revenues and expenditures in the Debt Service Funds 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 6th day of December , 1990. CITY OF ANDOVER , [é'~"· ;'. '. i. .-, - '.- ~'/,. ATTEST: ~ ¡-vtlv.¿¡ ~ i tXÚ jes E. E J.ng ~or ,'~~ ~4 VictorJ.a Vol - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R~-90 A RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A CITY TREE COMMISSION. WHEREAS, the City Council of the City of Andover hereby authorizes the establishment of a City Tree Commission; and WHEREAS, the Mayor with the approval of the City Council shall appoint seven members, citizens or residents of the City to the Tree Commission; and WHEREAS, the Tree Commission shall serve without compensation staggered terms, with three (3 ) members of the Commission serving a one ( 1 ) year term and four members serving a two ( 2 ) year tE!rm; and WHEREAS, the Tree Commission shall work with the Tree Inspector to establish rules, standards and regulations which they believe will help alleviate the problem of diseased trees in the city and bring those recommendations to the City Council for action; and WHEREAS, the City Council does hereby authorize the advertisement for said Tree Commission members. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby authorizes the establishment of the City Tree Commission. Adopted by the City Council of the city of Andover on this 18th day of December, 1990. CITY OF ANDOVER ATTEST " 'Z ' -' /1 ¡/ ¿_....A-~~·v-"'.-/ ,:.',~:.......~ :....---' Vi ctoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 176 -90 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF JOHN MENGEL KOCH TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40. WHEREAS, John Mengelkoch has requested a lot split to construct a single family residence on the property located at 26 Constance Boulevard NW, legally described as: THAT PART OF THE EAST 660 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LYING SOUTHERLY OF THE SOUTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 60 (OLD CONSTANCE BOULEVARD NW) EXCEPT THE SOUTH 660 FEET THEREOF, ALSO EXCEPT ROADS 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 No. 40, Ordinance No. 10, Section 9.07.10 and Ordinance 8, Section 6.02; 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 & 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. 40, Section 9.07. Adopted by the City Council of the City of Andover on this 18th day of December, 1990 CITY OF ANDOVER I J, Ii / / ATTEST (I LiUJ tfÆ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA " STATE OF MINNESOTA RES. NO. RI77-90 RESOLUTION AUTHORIZING ISSUANCE OF CERTIFICATES OF INDEBTEDNESS - 1990A WHEREAS, Minnesota Statutes, Section 412.301 authorizes the City Council to issue Certificates of Indebtedness within existing debt limits to finance the purchase of equipment; and WHEREAS, a contract will be entered into for the pur- chase of storage tanks, maintenance equipment and vehicles, radio equipment and other capital equipment at a total purchase price of Two Hundred Fifty-two Thousand and no/lOa ($252,000.00) Dollars; and WHEREAS, the City has sought quotations for the pur- chase of said Certificates of Indebtedness, which are on file with the City Clerk; and WHEREAS, it appears that the bid of Firstar St. Anthony Bank, N.A. , St. Anthony, Minnesota for the purchase of such Certificates of Indebtedness is the lowest responsible bid. BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The bid of Firstar St. Anthony Bank, N.A. for the purchase of Two Hundred Fifty-two Thousand and no/100 ($252,000.00) Dollars Certificates of Indebtedness is hereby accepted. 2. The City shall forthwith issue and sell five nego- tiable general obligation equipment Certificates of Indebtedness in the following amounts and dates: -1- 6.30% for $50,000.00 Certificate due January 1, 1992 6.40% for $50,000.00 Certificate due January 1, 1993 6.50% for $50,000.00 Certificate due January 1, 1994 6.60% for $50,000.00 Certificate due January 1, 1995 6.70% for $52,000.00 Certificate due January 1, 1996 to the Firstar St. Anthony Bank, N.A. in the form of single typewritten fully registered Certificates of Indebtedness, bearing interest as set out herein, all interest payable on July 1, 1991, and January 1 and July 1 thereafter to maturity. Such Certificates shall mature serially on January 1 of each year commencing January 1, 1992. Such certificate shall be in substantially the follow- ing form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER No. R-l $ 50,000.00 Equipment Certificates of Indebtedness KNOW ALL MEN BY THESE PRESENTS That the City of Andover, Anoka County, Minnesota, acknowledges itself to be indebted and for value received hereby promises to pay to Firstar St. Anthony Bank, N.A., Minnesota or registered assigns, with option of prior payment, the principal sum of FIFTY THOUSAND DOLLARS on the 1st day of January, 1992, in such coin or currency of the United States of America as at the time of payment shall be legal tender for the payment of debts due the United States of America and to pay interest on said principal sum from time to time remaining unpaid in such coin or currency -2- at the rate of six and thirty/hundredths (6.30%) percent per é\nnum from the date hereof until the principal sum is paid, interest to maturity payable on July 1, 1991 and January 1, 1992. Principal and interest on this Certificate is payable at the office of the City Clerk in the City of Andover, Minnesota. Payments of installments of principal and the interest due thereon shall discharge the City of the obligation hereon to the extent of the payment made. Annual payments regardless of when made, shall be applied first to the interest computed to the annual installment due date and next to principal due. Other payments, from whatever source derived, shall be applied to the principal last to become due and shall not affect the obligation of the City to pay the remaining installments as scheduled herein. The Certificate is issued as a part of a total of five Certificates of Indebtedness of Two Hundred Fifty-two Thousand and no/100 ($252,000.00) Dollars, and it is issued by the City pursuant to the Constitution and the laws of the State of Minnesota, including Minnesota Statutes, ¡§412. 301 for the I. purpose of financing the purchase of certain equipment by the City. This Certificate may be assigned but upon such assign- ment the assignee shall promptly notify the City at the office of the City Clerk by registered mail, and the assignee shall furnish the same to the City Clerk either in exchange for a new fully registered Certificate in the principal amount then -3- outstanding or for transfer on the registration book kept by the Clerk for such purpose. IT IS HEREBY CERTIFIED AND RECITED That all acts, con- ditions, and things required by the Constitution and laws of the State of Minnesota to be done, to happen, to exist, and to be performed precedent to and in the issuance of this Certificate of Indebtedness has been done, has happened, does exist, and have been performed in regular and due form, time, and manner as required by law; that prior to the issuance hereof, a direct, annual, irreparable ad valorem tax upon all the taxable property in the City has been levied for the years and in amounts at least five percent in excess of sums sufficient to pay this Certificate and interest hereon when due, and additional taxes, if needed, will be levied upon all such property without limita- tion as to rate or amount; and this Certificate, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation of indebtedness. IN TESTIMONY WHEREOF, The City of Andover, Anoka County, Minnesota, by its City Council has caused this Certif- icate of Indebtedness to be executed by the facsimile signature of the Mayor and the manual signature of the City Clerk with the City Seal, all as of , 19 - . Isl Victoria Volk Isl James E. Ellinq City Clerk Mayor (SEAL) -4- CERTIFICATE OF REGISTRATION It is hereby certified that, at the request of the holder of the within Certificate, the undersigned has this day registered it as to principal and interest in the name of such holder as indicated in the registration blank below, on the books kept by the undersigned for such purposes. DATE OF SIGNATURE NAME OF REGISTERED HOLDER REGISTRATION CITY CLERK Firstar St. Anthony Jan. 1, 1991 Bank N.A. FORM OF ASSIGNMENT For value received, the registered owner does hereby sell, assign and transfer the within mentioned Certificate to, and unpaid installments of principal and interest shall be paid to the order of the assignee: SOCIAL SECURITY NUMBER NAME OF ASSIGNEE OR ID NUMBER DATE NAME OF REGISTERED HOLDER SIGNATURE OF REGISTERED OWNER'S AUTHORIZED AGENT Firstar St. Anthony Bank N.A. 3. The Certificates shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the facsimile signature of the Mayor and the manual signature of the City Clerk. When the Certificates have been so executed and authenticated, they shall be delivered by the City -5- Treasurer to the purchaser on receipt of the purchase price heretofore agreed upon, and the purchaser shall not be required to see to the application thereof. 4. There is hereby created a special account in the debt service fund which shall be used only for paying principal and interest on the Certificates of Indebtedness issued pursuant to this resolution. Into this fund shall be paid all receipts from the taxes levied in this resolution and any other money appropriated to the fund from any other source. If any prin- cipal or interest on the Certificates becomes due when there is not sufficient money in the fund to pay it, the City Treasurer shall make up the deficit from the general fund of the City and the general fund shall be reimbursed for such advances from the proceeds of the taxes levied in this resolution and all other moneys received for or appropriated to the payment of principal and interest. 5. There is hereby created the equipment account in the general fund. Into this account shall be paid the proceeds of the sale of theCertif icates authorized by this resolution and from this account shall be paid all expenses incurred for the purchase of equipment to be financed by such proceeds. If any moneys remain in this account after all such expenses have been paid, the surplus shall be transferred to the debt service fund created in paragraph 4 of this resolution. 6. For the prompt and full payment of the principal and interest on the Certificates of Indebtedness when due, the -6- full faith, credit, and taxing powers of the City are hereby irrevocably pledged. To provide moneys for such payment, there is hereby levied upon all the taxable property in the City a direct, annual, irrepealable, ad valorem tax which shall be spread upon the tax rolls and collected with and as a part of the other general property taxes in the City in the years and amounts as follows: Year Tax Levv 1991 $ 1992 1993 1994 1995 Such tax levy shall be irrepealable until all of the principal and interest on the Certificates is paid. The Treasurer is directed to certify to the County Auditor of Anoka County on or before October 10 in each year the amount on hand and available from any source and which has been appropriated to the sinking fund to be used to pay the principal of and interest on the Certificates and to direct the county to reduce the levy for such year by that amount. 7. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Anoka County, together with such information as he shall require, and to obtain from the County Auditor a certif- icate that the Certificates of Indebtedness have been entered on his bond register and the tax has been levied as required by law. -7- 8. The City Clerk shall act as bond registrar and shall maintain a complete record of ownership of the Certif- icates. The City makes no representation that it is experienced in the transfer of ownership of registered securities or that it is aware of or experienced in applicable SEC regulations regarding such transfers. The Purchaser and any assignee of the Certificates shall take the Certificates subject to this condi- tion. Adopted by the City Council this 18th day of ----- December , 1990 . / ( ,¡~ U / , City Clerk -8- ! " ". " . , ¡ STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, hereby certify that I have carefully compared the attached and foregoing Resolution Authorizing Issuance of Certificates of Indebtedness, 1990A of the City Council of the City of Andover, with the original thereof on file in my office and the same is a full, true and correct copy of the Resolution, insofar as it relates to the issuance and sale of $252,000.00 Certificates of Indebtedness, 1990A of the City. WITNESS my hand as City Clerk and the corporate seal of the City this day of , 19 . - L~ U Victoria Volk, City Clerk \,-, , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 178-90 MOTION by Councilman Kniaht to adopt the following: A RESOLUTION RESCINDING RESOLUTION NO. 109-90 APPROVING FINAL PAYMENT FOR PROJECT NO. 89-17, HIDDEN CREEK EAST 2nd ADDITION FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAIN, AND STREETS WITH CONCRETE CURB AND GUTTER . WHEREAS, the City Council agrees with the recommendation from City Staff. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover rescinds Resolution No. R109-90. MOTION seconded by Councilman Pørr~.7 and adopted by the City Council at a Reqular meeting this 18th day of December , 19 90 , with Councilmen Perry Ellinq, Kniqht" Orttel. .Jacobson (ahspn~qting in favor of the resolution, and Councilmen nnnp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER " , ' t ~?f: ATTEST: /' j¿.<e?~:'-¿"í J.ng - Ma or , , L-t~ j¿v Victoria Volk - City Clerk