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Home My WebLink About1986 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. ROOl-86 M:JTION by Councilman Ell i nq to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJEcr NO. 85-10, FOR TELEMETRY IDNITORING AND CONTROL SYSTEM FOR THE ELEVATED STORAGE TANK AND WELL P~S #l AND #2. WHEREAS, pursuant to advertisement for bids, bids were received, opened, and tabulated according to law for Project No. 85-l0, with results as follows: Collins Electrical Construction $24,205.00 Hoffman Electric 26,699.00 Ridgedale Electric, Inc. 29,400.00 Dynamic Systems 35,494.00 Gopher Electric 52,635.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the above bids as shown to indicate Collins Electrical Construction as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and Clerk to enter into a Contract with Collins Electrical Construction in the amount of $24,205.00 for construction of Irrprovement Project No. 85-l0 for telerœtry m::mitoring and oontrol system for the elevated storage tank and well purrps #l and #2; 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 insurance and bond requirements net. M:JTION seconded by Councilman Kniqht and adopted by the City Council at a Reqular Meeting this 7th day of January , 19 86 , with Counci1lnen Ellinq, Knight, Lachinski, Orttel, Windschitl voting in favor of the resolution, and Counci1lnen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~tv~ ~..¿.H7 [:1- J indschi tl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R002-86 MOTION by Councilman Flling to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FOREST LAKE CONTRACTING, INC. FOR PROJECTS NO. 85-l4 and 85-l5 FOR THE IMPROVEMENT OF STREET CONSTRUCTION IN THE FOLLOWING AREA: LUND'S ROUND LAKE ESTATES AND DEHN'S FRONTAGE ROAD. WHEREAS, pursuant to a written contract signed with the City of Andover on September 26, 1985, Forest Lake Contracting, Inc. of Forest Lake, Minnesota has satisfactorily completed the following improvement of street construction, IP 85-14 and 85-l5, 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 7th day of January , 19 86 . with Councilmen ElUng, Knight. Lachinski. Orttel. Windschitl voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~~ ÚJ.~ 'tl.~7/ ATTEST: Je y W dschitl - Mayor ------- FL / Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA No. R003-86 A RESOLUTION OF SUPPORT FOR A LIBKARY IN THE CITY OF ANDOVER. WHEREAS, the Council has previously encouraged the establishment of a branch library within the City of Andover; and WHEREAS, there are two sites within the City of Andover that would be available for such branch library, those being County Road 9 and County Road 20, and County Road 9 and bunker Lake Boulevard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to support a branch library within the City at either of those two sites. Adopted by the City Council of the City of Andover this 2I.st day of j!'abtitam.y . , 1986 CITY OF ANDOVER Jerry Windchitl - Mayor ATTEST: Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R004-86 MOTION by Councilman T.;:¡l!h;n~ki to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF STREET CONSTRUCTION FOR HANSON BOULEVARD, PROJECT 83-l. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY RESOLVE: WHEREAS, the right-of-way has been acquired and the road constructed for Project No. 83-l, Hanson Boulevard from Andover Boule- vard to l6lst Avenue N.W., and the right-of-way costs for such improve- ment are $60,572 and the expenses incurred or to be incurred in the making of such improvement amount to $2,423 so that the total cost of the improvement will be $62,995. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, that the amount of the cost to be assessed against benefitted property owners is declared to be $62,995. BE IT FURTHER RESOLVED that 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 he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at 9:00 P.M., Tuesday ,Feb. l8 , 19JJ.£ at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman Elling and adopted by the City council at a Regular Meeting this 2lst day of January , 19 86 , with Councilmen Knight, Orttel, Lachinski, Elling, Windschitl voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~ R ~. - ~,>.-.ãI' A EST J ry Undschi tl - Mayor (ìr~, ~ Larry . Johnson - City Clerk/Treasurer CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. ROO5-86 MOTION by Councilman Ellinq to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDER- ING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER FOR CREEKRIDGE ESTATES. WHEREAS, the City Council did on the l7th day of December, 1985, order the preparation of a feasibility study for the improvements in Creekridge Estates; and WHEREAS, such feasibility study was prepared by TKDA and presented to the City Council on the 2lst day of January, 1986; 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the improvement of sanitary sewer, watermain, storm drain and streets with concrete curb and gutter for Creekridge Estates under IP No. 86-1. 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, with such payment to be made prior to commencement of work on the plans and specifications by TKDA. MOTION seconded by Councilman Kniqht and adopted by the City Council at a Reqular Meeting this 2lst day of January , 1986, with Councilmen Orttel, Lachinski, ETlinq, Kniqht, Windschitl voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~~ _w' Ú -/#// J . ry 6Iindschi t :: Mayor arry . Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA NO. ROO 6-86 MOTION by Councilman Knight to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDER- ING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF SANITARY SEWER, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER FOR SMITH'S GREEN ACRES. WHEREAS, the City Council did on the l7th day of December, 1985, order the preparation of a feasibility study for the improvements in Smith's Green Acres; and WHEREAS, such feasibility study was prepared by TKDA and presented to the City Council on the 2lst day of January, 1986¡ 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the improvement of sanitary sewer, storm drain and streets with concrete curb and gutter for Smith's Green Acres under IP No. 86-2. 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 $4,000 with such payment to be made prior to commencement of work on the plans and specifications by TKDA . MOTION seconded by Councilman Lachinski and adopted by the City Council at a Regular Meeting this 2lst day of January , 19 ~, with Councilmen Orttel, Elling, Knight, Windschitl, Lachinski voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~ ç / (A j.. /? ..;.-z;/ Je y W~dschitl - Mayor - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. ROO 7-86 MOTION by Councilman Lachinski to adopt the following: A RESOLUTION ESTABLISHING SANITARY SEWER USER RATES AND SANITARY SEWER CONNECTION CHARGES, TO BE EFFECTIVE ON JANUARY 2l, 1986 )?URSUANT 'IÜ ORDINANCE NO. 32 AND RESOLUTION NO. R68-81. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to Ordinance No. 32 and Resolution No.R68-8l, Sanitary Sewer User Rates and Sanitary Sewer Connection Charges are hereby established to be effective January 2l, 1986 as follows: Sanitary Sewer Fund A User Rates: $ '] . 50 per m::>nth per unit Connection Charge: $574.35 per unit connection Sanitary Sewer Fund B User Rates: $ 8.50 per m::mth per unit Connection Charge: $l9l.50 per unit connection A unit shall be as defined in Ordinance No. 32, or by determination of the Metro- politan Waste Control Commission. MOTION seconded by Councilman Knight and adopted by the City Council at a Regular Meeting this 2lst day of January , 1986 , with Counci1lœn Orttel, Elling, Windschitl, Lachinski, Kniqht voting in favor of the resolution, and Counci1lœn none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~ tv.. ~ é'~ Je W schi tl - Mayor . Larry P Johnson - City Cler /Treasurer CITY OF ANDOVER COUNTY OF ANOKA STATE OF }UNNESOTA NO. RÚOg-86 M7rION by Councilman Lachinski to adopt the following: A RESOLUTION SETTING RATES FOR PERMITS, CONNECTION FEES, SERVICES, AND WATER USAGE PURSUANT TO ORDINANCE NO. 55, SECTION 3 AND RESOLUTION NO. RlOl-81. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Referenoe Ordinance 55 SECTION l. WATER PERMIT FEES 1. Service/Connection..................$ 45.00...........Section 2l/22 2. TappingjMain........................$ l5.00........... 9 3. Disconnection Requests..............$ l5.00........... l2 4. HVAC................................$ l5.00........... 20 5. Undergrow1d Sprinklers..............$ l5.00 6. Reinspections (All).................$ l5.00 SECTION 2. SERVICE CHARGES l. Testing Up to 2" Meters.....................$ 20.00......... . Section 3l 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.QO..........Section 6/l0/37 Shut-off (After hours)..............$ 30.00 SECTION 3. WATER METER CHARGES l. 5/8" meter..........................$ 90.00......... . Section 3l 2. l-l/2" meter....................... .$300.00 3. Special Sizes...............Cost + handling SECTION 4. UNIT CONNECTION CHARGES 1. Residential. . . . . . . . . . . . . . . . . .. . . . . . . $900.00 2. Non-residential, Per REC..$450/unit or $4,500/A, whichever is higher SECTION 5. WATER USAGE RATES l. Billed Quarterly....................$5.00 + $0.82/l000 gallons 2. Minimum Per Quarter.................$7.00 3. Penalty/Late Payment................ lO% SECTION 6. The rates/charges as shown shall be effective January l, 1986. M7rION seconded by Councilman Orttel and adopted by the City Council at at Regular Meeting this 2lst day of January , 19~, with Councilm2n Kniqht, Ellinq, Windschitl, Lachinski. Orttel voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~ l-tl· /? ~ad J f;¡fuldschi tl - Mayor ~ - City Clerk/Treasurer CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 009-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION RECEIVING AND REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NO. 85-l7 FOR EARLY WARNING SIRENS IN THE CITY OF ANDOVER. WHEREAS, pursuant to advertisement for bids as set out by the City Council, bids were received, opened and tabulated according to law for Project No. 86-l7, with results as follows: Electric Service Company $47,232 Lehn Electric 54,900 Gopher Electric 57,204 Corrigan Electric 57,7l4 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to reject all bids and to readvertise for eight sirens at a total-cost bid for five years. MOTION seconded by Councilman Kniqht and adopted by the City Council at a Regular Meeting this 4th day of February , 1986 with Councilmen Lachinski, Ellinq, Windschitl, Kniqht, Orttel voting in favor of this resolution and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~,_ _ £:~ P,,~/-d/ J ry ~in šchitl - Mayor - - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. OlO-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 85-8 FOR WATERMAIN IN THE AREA OF BUNKER LAKE BOULEVARD FROM NARCISSUS STREET TO RAVEN STREET AND CROSSTOWN BOULEVARD FROM BUNKER LAKE BOULEVARD TO l39TH AVENUE. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. l44-85, bids were received, opened and tabu- lated according to law for Project No. 85-8, with results as follows: Kenko, Inc. $355,l05.30 Barbarossa and Sons 413,904.58 Minn-Kota Excavating 420,390.75 Winona Plumbing 39l,404.23 c.w. Houle, Inc. 42l,267.25 Channel Construction 404,727.04 Austin P. Keller Const. 425,007.00 L & G Rehbein 447,065.50 Richard Knutson, Inc. 460,041. 05 Arcon Construction 435,556.90 Northdale Construction 442,739.50 Lake Area Utilities 469,778.45 Bonine Excavating 488,000.00 Nodland Associates 560,191. 25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the above bids as shown to indicateJ Kenko, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and Clerk to enter into a Contract with Kenko, Inc. in the amount of $355,l05.30 for construction of Improvement project No. 85-8 for watermain in the area of Bunker Lake Boulevard from Narcissus Street to Raven Street and Crosstown Boulevard from Bunker Lake Boulevard to 139th Avenue; and direct the city Clerk to return to all bidders the deposits made with theri bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the Contract has been executed and insurance and bond requirements met. MOTION seconded by Councilman Ellinq and adopted by the City Council at a Regular meeting this 4th day of February , 1986, with Councilmen Lachinkski, Orttel, Ellinq, Kniqht, Windschitl voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A TEST :-C.. ~fAA-/ tv _ð,e .-aV j Je ry WOndschitl - Mayor Jo nson - City Clerk / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. ROll-86 A RESOLUTION REQUESTING CONSIDERATION BY THE ANOKA COUNTY LIBRARY BOARD OF TWO POTENTIAL LIBRARY SITES WITHIN THE CITY OF ANDOVER. WHEREAS, two previous City Council resolutions dated September 18, 1984, and July 2, 1985, have encouraged the establishment of a branch library within the City of Andover; and WHEREAS, the City Council has agreed to forward to the Anoka County Library Board potential site locations within the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the following two site locations be offered for the purpose of establishing a branch library: Site # 1: The NE corner of the intersection of CSAH # 16 (Bunker Lake Blvd.) and CSAH # 9 (Round Lake Blvd.) Site # 2: The SW corner of the intersection of CSAH # 20 (161st Ave. N.W.) and CSAH # 9 (Round Lake Blvd.) Adopted by the City Council of the City of Andover this 4th day of February , 1986. CITY OF ANDOVER ~ð~ tv: - /.) .d2P' Je y Win chitl - Mayor ATTEST: STATE OF MINNESOTA CITY OF ANDOVER COUNTY OF ANOKA NO. an-go· MOTION by Councilman Elling to adopt the follow- ing: A RESOLUTION REQUESTING TRAFFIC SAFETY IMPROVEMENTS TO THlO/47 INTERCHANGE AT ANOKA COUNTY ROAD 9 (ROUND LAKE BOULEVARD). WHEREAS, the City Council of the City of Andover is cognizant of the hazardous traffic conditions at TH lO inter- change at Anoka County Road 9; and WHEREAS, there have been many accidents and numerous close calls due to the limited sight distance; and WHEREAS, this safety hazard is continually worsening due to increased traffic. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Andover requests that the Minnesota Department of Transportation take immediate action to relieve this condition by installing temporary signalization; ramp access moved to the access road location; and/or other control or site distance improvements. MOTION seconded by Councilman Lachinski and adopted by the City Council at a Regular Meeting this 6th day of February , 1986, with Councilmen Knight, Windschitl, Orttel, Elling, Lachinski voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER n·bJ~ Jerry Windschitl - Mayor ATTEST: dO¥ Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 013-86 MOTION by Councilman Lachinski to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 83-1, HANSON BOULEVARD BETWEEN ANDOVER BOULEVARD AND l6lST AVENUE. WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Andover has met and heard and passed upon the proposed assessment for right-of-way costs for the improvement of Hanson Boulevard between Andover Boulevard and l6lst Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that such assessment, a copy of which is attached hereto and made a part thereof, is accepted and includes all changes adopted by the Council at the Public Hearing for that purpose, and shall constitute the special assessment against such lands named therein, and each tract of land included therein is hereby found to be benefitted directly or indirectly by the improvement for the amount levied against it. BE IT FURTHER RESOLVED that such assessment shall be payable in annual installments extending over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January, 1987, and shall bear interest at the rate of per annum from the date of adoption of this assessment roll, or if deferred, the date on whch the assessment is certified against the property. To the first installment shall be added interest on the entire assessment from the date of certification through December 3l of the certifying year. To each subsequent installment, when due, shall be added interest for one year on all unpaid assessments. BE IT STILL FURTHER RESOLVED that the owner of the property assessed, may at any time prior to October l5 of the certifying year, pay the whole of such assessment with such payment being made to the City Treasurer. He may, at any time thereafter, pay to the City Treasurer, the amount of the assessment remaining unpaid, excepting that installment for the year in which payment is made shall be paid to the County Treasurer if paid after October l5 (except in the certifying year. Payments must be made prior to October l5, or interest shall be charged for the entire following year (except the certifying year). BE IT STILL FURTHER RESOLVED that the City Clerk shall transmit a certified duplicate of this assessment, indicating those to be deferred, to the County Auditor to be extended on the proper tax lists of the County, except those being deferred; and such assess- ments shall be collected and paid over in the same manner as municipal taxes. MOTION seconded by Councilman Elling and adopted by the City Council at a Reqular Meeting this l8th day of February , 19~, with Councilmen Orttel, Knight, Elling, Lachinski voting in favor of the resolution, and Councilmen Windschitl (absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~"CM~Q Ken Orttel - Acting Mayor JOI'J-UU'- Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. o 1 4-86 MOTION by Councilman Lachinski to adopt the following: A RESOLUTION PROVIDING FOR THE DEFERMENT OF SPECIAL ASSESS- MENTS AGAINST UNDEVELOPED PROPERTY PURSUANT TO MS, CHAPTER 429.06l, SUBDIVISION 2 AND CITY OF ANDOVER RESOLUTION OF POLICY ON STATE AID IMPROVEMENTS FOR WHICH THE CITY HAS EXPENDED FUNDS. WHEREAS, Minnesota Statutes authorize the City of Andover to defer the payment of special assessments on unimproved property; and WHEREAS, the City of Andover has adopted a policy under Resolution No. 002-83, entitled the Assessment Policy for Special Assessments Against State Aid Highway Improvements; and WHEREAS, such policy sets forth standards to cover deferments on State Aid Highway improvements; and WHEREAS, City funds and City Municipal State Aid Funds were expended to acquire right-of-way for the construction of Hanson Boulevard between Andover Boulevard and l6lst Avenue (MSA83-l) . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby defer those special assessments to unimproved property for the improvement of Hanson Boule- vard between Andover Boulevard and l6lst Avenue, with such deferment meeting the requirements of MS, Chapter 429.06l and City of Andover Resolution No. 002-83; and direct the City Clerk to file a Certificate with the County Auditor as provided in MS 429. 06l. MOTION seconded by Councilman Elling and adopted by the City Council at a Regular meeting this l8th day of February , 19 86 , with Councilmen Knight, Orttel, Elling, Lachinski voting in favor of the resolution, and Councilmen Windschitl (absent) voting against, whereupon said resolution was declared passed. ATTEST: C'TY OF ANOO~ ~A ) '--.. . . " Ken Orttel - Acting·Mayor - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Ol5-86 A RESOLUTION DESIGNATING SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY WHEREAS, Minnesota Statutes Sec. 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, the First National Bank of Anoka has previously been designated as the City's official depository for 1986; 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 First Bank St. Paul, First Bank Minneapolis, Norwest Bank St. Paul, American National Bank of St. Paul, National City Bank of Minneapolis, Norwest Bank Minneapolis, the Fidelity Bank and Trust Company, F & M Marquette National Bank of Minneapolis, First Federal Savings and Loan, Midwest 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 Stanley, Merrill Lynch, Dain Bosworth Inc., Dean Wittier Reynolds Inc., Piper Jaffray & Hopwood Inc., Kidder Peabody & Co. be designated as additional depositories for 1986 for investment purposes only; and BE IT FURTHER RESOLVED 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 l8th day of February , 1986. CITY OF ANDOVER ~~(~Q- Ken~ Orttel ~- Acting Mayor ATTEST: ~p.~~ - Larry Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Ol6-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPAR- ATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN, SANITARY SEWER, STROM DRAIN AND BITUMINOUS STREETS WITH CONCRETE CURB AND GUTTER, PROJECT NO. 86-4, IN THE HIDDEN CREEK (SEJ,¡, SECTION 33) AREA. WHEREAS, the City Council has received a petition dated January 28, 1986, requesting the construction of improve- ments, specifically watermain, sani tary s e,.¡er , storm drain, and bituminous streets with concrete curb and gutter in the following described area: Hidden Creek (SEJ,¡ of Section 33); and WHEREAS, such petition has been validated to represent the signatures of lOO% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: l. The petition is hereby declared to be signed by lOO% of owners of property affected, thereby making the petition unanimous. 2 . Escrow amount for feasibility report is $l,DOO. 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 Reqular Meeting this l8th day of February , 19-8-6-' with Councilmen T.rtf"!hin~ki . ()rt-t-pl r Knight:. EJling - voting in favor of the resolution and Councilmen W;nr19f""hit-l (i'!hc:"nt-) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~~I~ ATTEST: KenO ttel·...· Actf . ayor J J . Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO, R17-86 A RESOLUTION DENYING THE APPLICATION OF ANDOVER AUTO PARTS FOR A JUNKYARD LICENSE FOR CALENDAR YEAR 1986 WHEREAS, Andover Auto Parts is and has been in violation of Ordinance No. 44, the junkyard ordinance, in that vehicles are stored on the street side of the required screening fence; and WHEREAS, the owners and/or manager of Andover Auto Parts has been notified several times prior to said license denial that a violation exists and nothing has been done to correct said violation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that a junkyard license be denied Andover Auto Parts for being in continual violation of city ordinance no. 44 in that vehicles are kept on the street side of the required screening fence. Adopted by the City Council of the City of Andover this 18th day of February, 1986, by unanimous vote. A rEST'm CITY OF ANDOVER },. , ~&='~.~ . Johnson - Clerk Je y Wi schitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Ol8-86 MOTION by Councilman Knight to adopt the following: A RESOLUTION APPROVING A VARIANCE FOR CONSTRUCTION OF A SINGLE FAMILY DWELLING WITHOUT THE REQUIRED l2 INCH ROOF OVERHANG ON PROPERTY DESCRIBED AS LOT 3, block l, FOX MEADOWS (PIN l8 32 24 4l 0002) . WHEREAS, the Planning and Zoning Commission has reviewed the variance request of Jim Larsen to construct a single family dwelling without the required l2 inch roof overhang as required by Ordinance 8S; and WHEREAS, as a result of such review the Planning and Zoning Commission has recommended approval of the request; and WHEREAS, the City Council acknowledges that construct- ing the home with the l2 inch overhang, some of the home's appeal is lost. NOW, THEREFORE, BE IT RESOLVED by the City Council to hereby approve the variance request of Jim Larsen to vary from the provisions of Ordinance No. 8S, Section 8.23 to construct a single family dwelling without the required l2 inch overhang on property identified as PIN l8 32 24 41 0002. MOTION seconded by Councilman Elling and adopted by the City Council at a Regular Meeting this l8th day of February , 19~, with Councilmen Orttel, Knight, Lachinski, Elling voting in favor of the resolution, and Councilmen Windschitl (absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~Q,,(& Ke Orttel·- ctingMayor P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Ol9-86 MOTION by Councilman r.achinski to adopt the following: A RESOLUTION SETTING FEES FOR PERMITS, REZONINGS, SPECIAL USE PERMITS, VARIANCES, PLATTING, LICENSE FEES, SEWER USER FEES, LOT SPLITS, RENTAL FEES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following fees are hereby established: Type of Fee Fee Ordinance "Rezonings $ l50.00 8DD Filing Fee/Rezonings 10.00 8DD "Special Use Permits $ 150.00 8DD Filing Fee/Special Uses lO.OO 8DD ·Variances Single Family $ 40.00 8DD Other Requests $ 65.00 8DD Filing Fee/Variances lO.OO 8DD "p lab Fees Preliminary plat filing fee $ 40.00 lOJ Preliminary Plat per acre fee $ 7.50/acre lOJ Final Plat fee $ lO.OO lOJ "Contractor Licenses $ 25.00/year 22E "Non-intoxicating malt liquor license-on sale $ lOO.OO/year 28B "Non-intoxicating malt liquor license-off sale $ 40.00/year 28B "Sewer Rental Fee S"ewer Fund A $ 7.50/month 32F Sewer Fund B $ 8.50/month 32F Sanitary Sewer Hookup Permit $ 40.00 32F Administrative Fee $ l5.00 32F "Excavator Licenses $ 25.00 35A "Street Opening Permit $ 5.00 35A "Lot Split Fee $ 50.00 40D Filing Fee/Lot Split $ lO.OO 40D Park Dedication Fee/ Lot Split $ lOO.OO/each newly created lot 40D ·Cigarette License $ l2.00/year 45A ·Outdoor Party License $ 5.00 5lA ·Fire Hydrant Rental $ lO.OO/day plus 0.82/thousand gal. 55F "Intoxicating Liquor On-Sale Liquor $3,500.00/year 56A On-sale wine $ 500.00/year 56A Off-sale $ l50.00/year 56A MOTION seconded by Councilman Ellinq and adopted by the City Council this l8th day of February , 1986. CITY OF ANDOVER ~S(Oæt~~ ATTEST: - . - - .-- --. , Ken Orttel - Acting Mayor .~~ P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 020-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF SANITARY SEWER, PROJECT NO. 85-8B IN THE AREA ALONG BUNKER LAKE BOULEVARD FROM VERDIN STREET TO QUINN STREET (THE SW\ OF THE NW\ AND THE NW\ OF THE SW\ OF SECTION 34), INCLUDING THE JAMES LIESINGER PROPERTY WHEREAS, pursuant to Council motion adopted the l7th day of December 1985, a Feasibility Report has been prepared by TKDA for the improvement of sanitary sewer, Project No. 85-8B in the area adjacent to Bunker Lake Boulevard from Verdin Street to Quinn Street; and WHEREAS, such report was received by the City Council on the 4th day of March, 1986; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $228,400. 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. 85-8B, for the improvement of sanitary sewer in the area of Bunker Lake Boulevard from Verdin Street to Quinn Street, including the James Liesinger property. 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 cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated estimated total cost of the improvement of $228,400. 3. A public hearing shall be held on such proposed improvement on the 20th day of March , 1986 in the Council Chambers of the City Hall at 8:00 P.M. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilman Knight and adopted by the City Council at a Regular Meeting this 4th day of March , 1986, with Councilmen Windschitl, Lachinski, Orttel, Knight, Elling voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER TTEST: ~ '-((f- ___ c./ ð h¿/ J ry ~ndschitl - Mayor P. lty Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 02l-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECTS NO. 86-l AND 86-2, FOR SANITARY SEWER, WATERMAIN, STORM DRAIN, AND STREETS WITH CON- CRETE CURB AND GUTTER. WHEREAS, pursuant to Resolution Nos. 005 and 06B;~adoÞted by the City Council on the 21st day of January, 1986, TKDA has prepared final plans and specifications for Projects 86-l and 86-2; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of March, 1986. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final plans and Specifications for Projects No. 86-l and 86-2 for watermain, sanitary sewer, storm drain and streets with concrete curb and gutter. 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 on Tuesday, April 8 , 1986 at lO:OO A.M. at the Andover City Hall, l685 Crosstown Boulevard N. W. , Andover, MN. MOTION seconded by Councilman Lachinski and adopted by the City Council at a Reqular Meeting this 4th day of March , 1986 with Councilmen Ellinq. Kniqht. Orttel. Lachinski voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER AT EST: ~,__~ W ,. J4P J ry Wi schitl - Mayor CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA NO. 022-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN. WHEREAS, the City Council of the City of Andover has heretofore determined that it is in the interests of the City to construct public utilities along Bunker Lake Boulevard from Narcissus Street to Raven Street, IP 85-8; and WHEREAS, it is necessary to acquire certain easements on Bunker Lake Boulevard between Narcissus Street and Raven Street for con- struction of utilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA AS FOLLOWS: 1. Acquisition by the City of a utility easement over the property described in Exhibit A attached hereto and made a part hereof is necessary for the purpose and construction of utility improvements. 2 . The City Attorney is authorized and directed on behalf of the City to acquire a utility easement over, across and under the property described in such Exhibit A by exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter ll7. The City Attorney is further authorized to take all actions necessary and desirable to carry out the purpose of this resolution. MOTION seconded by Councilman Elling and adopted by the City Council at a Regular Meeting this 4th day of March , 1986 with Councilmen Lachinski, Knight, Windschitl, Elling, Orttel voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~ .ð._.¿';~ J Y n schitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO R023-86 MOTION by Councilman Lachinski to adopt the following: A RESOLUTION APPROVING THE PRELIMINARY PLAT OF HIDDEN CREEK AS BEING DEVELOPED BY GOOD VALUE HOMES IN SECTION 33-32-24. WHEREAS, purusant to published notice thereof, the Planning and Zoning Commission has conducted a public hearing on the Preliminary plat of Hidden Creek; and WHEREAS, as a result or such hearing and review, the Planning and Zoning Commission is recommending approval of such plat, citing as reasons for such recommendation as being l) the plat is in confor- mance with the Comprehensive Plan; 2 ) the plat meets city ordinances; and WHEREAS, the City Council acknowledges that a recommendation has been received from the Park Board subject to l) the developer will grade and seed the two parcels, the second parcel being Lot 30, Block 5; 2 ) the developer will berm the north edge of the park along Bunker Lake Boulevard. This berm will be approximately 3' to 4' high; 3) the developer will install a post-cable fence along Bunker Lake Boulevard; 4) the developer will install two 20-foot walkways to the park area to include grading and seeding of the two walkwasy and to include blacktop of a five-foot wide blacktop walkway within the two walkways; and 5) if the county denies access off Bunker Lake Boulevard, the developer will also give Lot l, Block 2 as park area. The area desig- nated for the Fire Station be given in fee ownership to the City; and WHEREAS, the City Council further acknowledges that the plat has been reviewed by the Andover Review Committee and the Anoka County Highway Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Hidden Creek, noting the following: 1. A variance will be granted for the length of Hidden Creek Drive which exceeds the maximum 500 feet for a cul-de-sac; 2. The developer will be required to go before the City Council with Phase II of the plat when it is platted; at that time they will have to have the exception shown on the preliminary plat resolved. MOTION seconded by Councilman Orttel and adopted by the City Council at a Regular Meeting this 20th day of March , 1986 by unanimous vote. CITY OF ANDOVER . ç;p __ ~ ßø e-dP Je y ¥).ndschi tl - Mayor Johnson - C'ty Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 024-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFI- CATIONS FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER FOR HIDDEN CREEK, IP 86-4. WHEREAS, the City Council did on the l8th day of February, 1986, order the preparation of a feasibility study for the improve- ments in Hidden Creek; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 20th day of March, 1986; 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the improvement of sanitary sewer, watermain, storm drain and streets with concrete curb and gutter for Hidden Creek under IP NO. 86-4. 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 with such pay- ment to be made prior to commencement of work on the plans and specifications by TKDA. MOTION seconded by Councilman Elling and adopted by the City Council at a Regular Meeting this 20th day of March , 1986, with Councilmen Knight, Windschitl, Orttel, Lachinski, Elling voting in favor of the resolution and Councilmen l.LOI.Lê voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~¿; <P. ,,~ J ry inasch~tl - Mayor arry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO.025-86 MOTION by Councilman Ellinq to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT 85-8 FOR SANITARY SEWER IN THE AREA OF BUNKER LAKE BOULEVARD FROM VERDIN STREET TO QUINN STREET. WHEREAS, a resolution of the City Council adopted on the 4j-h day of March , 1986, fixed a date for a public hearing on the improvement of Sanitary Sewer, Project No. 85-8; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 20th day of March, 1986; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and WHEREAS, pursuant to advertisement for bids as set out in Coucnil Resolution No. 0/.0-86 , bids were received, opened and tabulated according to law for Project No. 85-5, with results as follows: Kenko, Inc. $l75,662.35 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate TKDA as the Engineer for this improve- ment and they were directed to prepare plans and specifications for such improvement. BE IT EUETHER:RESQ:r,VED2b¥.the~cçit¥~Coùncil of the City of Andover to hereby accept the above bid as shown to indicate Kenko, Inc. as being the apparent low bidder. BE IT STILL FURTHER RESOLVED by hereby direct the Mayor and Clerk to enter into a Contract with Kenko, Inc. in the amount of $l75,662.35 for construction of Improvement Project No. 85-8 for sanitary sewer in the area of Bunker Lake Boulevard from Verdin Street to Quinn Street; 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 insurance and bond require- ments met. MOTION seconded by Councilman Knight and adopted by the City Council at a Reqular meeting this 20th day of March , 1986 by unanimous vote. CITY OF ANDOVER Pi TEST: ~ /' tv. ~...~ Jer ~ndschitl - Mayor Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 026-86 MOTION by Councilman Lachi nski to adopt the following: A RESOLUTION APPROVING PLANS FOR RECONSTRUCTION OF COUNTY HIGHWAY NO. 16 CONTINGENT UPON APPROVAL BY THE CITY OF ANOKA WHEREAS, þlans for Project No. 85- 03-116 showing proposed alignment, profiles, grades and cross-sections for the construction, reconstruction or improvement of County Highway No. 116 within the limits of the City of Andover as a County Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA AS FOLLOWS: that said plans be in all things approved, contingent upon approval by the Anoka City Council with no changes to the plans as submitted. MOTION seconded by Councilman Ortte 1 and adopted by the City Council at a Regular Meeting this 20th day of March , 1986 with Councilmen Knight, Lachinski and Orttel , voting in favor of the resolution and Councilmen Ell i ng and , Mayor Windschitl voting against, whereupon said resolution was declared passed. CITY OF ANDOVER <;r /iv~ æ D?7 rr~ndschitl - Mayor ¡~ Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA NO. R027-86 MOTION by Councilman J :::¡....hi '""'.::,[.......¡ to adopt the following: A RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN. WHEREAS, the City Council of the City of Andover has heretofore determined that it is in the interests of the City to construct a street improvement along Hanson Boulevard align- ment extended; and WHEREAS, it is necessary to acquire certain easements on Hanson Boulevard between 161st Avenue and 181st Avenue for ;t street construction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA AS FOLLOWS: 1. Acquisition by the City of a street and utility ease- ment over the property described in Exhibit A attached hereto and made a part hereof is necessary for the purpose and construction of street improvements. 2 . The City Attorney is authorized and directed on behalf of the City to acquire a street easement over, across and under the properyt described in such Exhibit A by exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter ll7. The City Attorney is further authorized to take all actions necessary and desirable to carry out the purpose of this resolution. MOTION seconded by Councilman Elling and adopted by the City Council at a Regular Meeting this 20th day of March 1986 with Councilmen Windschitl, Orttel, , Knight, Lachinski, Ell ing voting in favor of the resolution and Councilmen nnnl=' voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ ~,,' 4~ J ryOWindschi tl - Mayor City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R028-86 MOTION by Councilman Lachinski to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 85-8B, FOR SANITARY SEWER IN THE AREA OF BUNKER LAKE BOULEVARD FROM VERDIN STREET TO QUINN STREET AS PRESENTED. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. l44-85, bids were received, opened and tabulated according to law for Project No. 85-8B, with results as follows, based on total bid: Sanitary Total Sewer Bid Watermain 85-8B Kenko, Inc. $502,877.05 $355,l05.30 $l75,662.35 Barbarossa and Sons $5l5,528.23 388,907.58 l26,620.65 Minn-Kota Excavating $528,875.25 382,550.75 146,324.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the above bids as shown to indicate Kenko, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and Clerk to enter into a Contract with Kenko, Inc. in the amount of #l75,662.35 for construction of Improvement project No. 85-8B for sanitary sewer in the area of Bunker Lake Boulevard from Verdin Street to Quinn Street; 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 insurance and bond requirements met. MOTION seconded by Councilman Kniqht and adopted by the City Council at a Reqular meeting this 20th day of March 1986 by unanimous vote. CITY OF ANDOVER ATTEST: ~ " _ t../- '.J, _ ../A.IY Je ry ~indschitl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R029-86 MOTION by Councilman Lachinski to adopt the following: A RESOLUTION APPROVING A SPECIAL USE PERMIT AS REQUESTED BY LEROY JOHNSON AND PARK CONSTRUCTION FOR THE PURPOSE OF MINING SAND FROM PROPERTY LOCATED IN SECTION 36, 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 Leroy Johnson and Park Construction to mine sand from the property legally described as the West one-half of the North- east one-quarter of Section 36, Township 32, Range 24; and WHEREAS, after such hearing and review, the Planning and 7.c1nìng Commission has recommended approval of the request with reasons for such recommendation as 1) removal of the sand is in confermanes with City ordinances; 2) removal will leave the remaining land in a buildable condition; and WHEREAS, the City Council i5 in agreement with the reasons cited by the Planning and Zoning Commission; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special U5e Permit requested by Leroy John50n and Park Construction, noting the following: 1. Not more than 100,000 cubic yards of sand will be excaveted. 2. Tha land will ba repaired per the map provided dated 4-1-86. 3. The trafFic pattern wi 11 follow Bunker Lake Boulevard to Hanson Boulevard and south to the Freeway. 4. The final grading plan will be followed, 5. The maximum elevation must be SJ¿ feet above the water table 6. The completion will be within 60 days from the 5tarting date: of excavation but not later than April 1, 1987 BE IT STILL FURTHER RESOLVED that epproval of the Special Use Permit is contingent upon the t"'sceipt of the required bonds and certificates of insurance. MOTION seconded by Councilman Orttel and aodpted by the City Council at e Regular meeting this l5t day of April, 1986 by unanimous vote. CITY OF ANDOVER ~(l- --tv~ J ry dindschitl - Mayor Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R030-86 A RESOLUTION DECLARING THE MONTH OF APRIL 1986 AS REGISTRATION AWARENESS MONTH. WHEREAS, the continuation of the program for peacetime registration for the Selective Service System contributes to national readiness by reducing the time required for a full defense mobilization; and WHEREAS, over one million United States citizens have sacrificed their lives to protect the rights and freedoms of all Americans and registration for Selective Service is an integral part of current preparedness to preserve these rights and freedoms in the future; and WHEREAS, more than 96 percent of potential registrants have registered with the Selective Service System since the resumption of registration and by so registering have enhanced United States national defense preparedness; and WHEREAS, the Selective Service System has been tasked with assisting in the process of improving our readiness by calling upon eighteen year old male citizens to comply with the law by simply registering their name, address, date of birth and social security number at the Post Office within thirty days of their eighteenth birthday. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that they do hereby support continuation of registration with Selective Service and do hereby declare April 1986 as REGISTRATION AWARENESS MONTH. Adopted by the City Council of the City of Andover this _ 1st - day of Apr il , 1986. CITY OF ANDOVER ATTEST: Ç);.e - . tv ,æ ¿,d/ J. rry Oindschitl - Mayor Ci"ty Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R031-B6 MOTION by Councilman Kniqht to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF CREEKRIDGE ESTATES AS BEING DEVELOPED BY CARLSON DROPPS, ASSOCIATES IN SECTION 29. WHEREAS, the developed has presented the Final Plat of Creekridge Estates; a.nd WHEREAS, the City Engineer has reviewed such plat for conformance with the Preliminary Plat approved on the 3rd day of December, 1985; and WHEREAS, the City Attorney has presented a favorable Title Opinion on the property being platted; and WHEREAS, the City Council acknowledges the developer will donate land and perform services in the park as agreed to by the Park and Recreation Commission. NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Andover to hereby approve the Final Plat of creekridge Estates as developed by Carlson Dropps, Associates. BE IT FURTHER RESOLVED to make such approval contingent upon the developer entering into a development contract with the required security. MOTION seconded by Councilman Orttel and adopted by the City Council at a Reqular meeting this 15th day of Apr il , 1986, with Councilmen Windshcitl. Lachinski. Ellina, Orttel. Kniqht voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~.e.. / t/ . .æ... .¿-/ Je ry WÕndschitl - Mayor ohnson - ity Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R032-86 MOTION by Councilman lachinski to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF SMITH'S GREEN ACRES AS BEING DEVELOPED BY FOREST OAKS CONDOS IN SECTION 28. WHEREAS, the developer has presented the Final Plat of Smith's Green Acres; and WHEREAS, the City Engineer has reviewed such plat for conformance with the Preliminary Plat approved on the l7th day of December 1985; and WHEREAS, the City Attorney has presented a favorable Title Opinion on the property being platted; and WHEREAS, the City Council acknowledges the developer will pay cash in lieu of land for park dedication as agreed to by the Park and Recreation Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final plat of Smith's Green Acres as developed by Forest Oaks Condos. BE IT FURTHER RESOLVED to make such approval contingent upon the developer entering into a development contract with the required security. MOTION seconded by Councilman Kni~ht and adopted by the City Council at a Regular- meeting this 15th day of Apr-il , 1986, with Councilmen Ellling, Or-ttel, Windachitl, Kniqht, lachinaki voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A TEST: ~~- / ~ ,~.¿¿¿/ J ry ~ndschitl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R033-86 MOTION by Councilman Ortte1 to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF SANITARY SEWER AND WATERMAIN, PROJECT NO. 86-3 IN THE BUNKER LAKE BOULEVARD AREA FROM THRUSH STREET TO ZILLA STREET AND SECTION 34, EXCEPT FOR RED OAKS MANOR ADDITIONS, THE SW~ OF THE NW~ AND NW~ OF SW~; SECTION 35 NORTH OF BUNKER LAKE BOULEVARD; AND THE NW~ OF THE SW~. WHEREAS, pursuant to Council motion, a Feasibility Report has been prepared by TKDA for the improvement of sanitary sewer and water- main, Project No. 86-3 in the Bunker Lake Boulevard area from Thrush Street to Zilla Street; and Section 34 except for Red Oaks Manor Additions, the SW~ of the NW~ and the NW~ of the SW~; Section 35 North of Bunker Lake Boulevard; and the NW~ of the SW\. WHEREAS, such report was received by the City Council on the l8th day of February 1986; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Andover that: l. The City Council hereby accepts the Feasibility Report for Project No. 86-3, for the improvements of sanitary sewer and watermain, project No. 86-3 in the Bunker Lake Boulevard, Thrush Street to Zilla Street and Section 34, except for Red Oaks Manor Additions, the SW~ of the NW~ and the NW~ of the SW~, Section 35 north of Bunker Lake Boulevard; and the NW~ of the SW~, as prepared by TKDA. 2. The Council will consider the improvements in accordance with the report and the assessment of benefitting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of ~3' A public heJzi9g shall be held on such proposed improvement on the 1i3tf.i n'day of Mav ,l986 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 Lachinski and adopted by the City Council this 15th day of April , 1986. CITY OF ANDOVER ~ L- ~~¿,,ø/ J rY~indschit - Mayor ,City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R034-86 MOTION by Councilman nt""'+:-t:""l 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 SANITARY SEWER, WATERMAIN, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER FOR HIDDEN CREEK 2ND ADDITION, IP 86-6. WHEREAS, the City Council did on the l5th day of April, 1986, order the preparation of a feasibility study for the improve- ments in Hidden Creek 2nd Addition; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the l5th day of April, 1986; 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. NOW, THEREFORE, BE IT RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifi- cations 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 with such pay- ment to be made prior to commencement of work on the plans and specifications by TKDA. MOTION seconded by Councilman Elling and adopted by the City Council at a Regular Meeting this 15th day of April , 1986, with Councilmen Lac:hinski, Knight, Windsc:hitl, Orttel, Elling voting in favor of the resolution and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER IST' ~- ~-kt ~ /~ Je y W~ds itl - Mayor Larry P. Johnson - ity Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R03S-86 MOTION by Councilman nr+.+.¡::ol to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND BITUMINOUS STREETS WITH CONCRETE CURB AND GUTTER, PROJECT NO. 86-6, IN THE HIDDEN CREEK 2ND ADDITION AREA. WHEREAS, the City Council has received a petition dated April 4, 1986, requesting the construction of improvements, specifically vvatermain, sanitary sewer, storm drain, and bituminous streets with concrete curb and gutter in the following described area: Hidden Creek 2nd Addition (SE~ of Section 33); 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: l. The petition is hereby declared to be signed by lOO% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $l,OOO. 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 15th day of April , 1986, with Councilmen Elling, Windschitl, Lachinski, Orttel, Knight voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ . /2-~ Je ry schitl - Mayor P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA NO. R036-86 MOTION by Councilman Ell inq to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 86-4, HIDDEN CREEK FOR WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER. WHEREAS, pursuant to Resolution No. 024-86, adopted by the City Council on the 20th day of March, 1986, TKDA has prepared final plans and specifications for Project 86-4, Hidden Creek; and WHEREAS, such final plans and specifications were presented to the City Coucnil for their review on the l5th day of April, 1986. NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Andover to hereby approve the Final Plans and Specifications for Project No. 86-4, Hidden Creek, for water- main, sanitary sewer, storm drain and street with concrete curb and gutter. 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 lO:OO A.M., May l3, 1986 at the Andover City Hall. MOTION seconded by Councilman Knight and adopted by the City Council at a Regular meeting this 15th day of April , 1986, with Councilmen Lachinski, Orttel, Windschitl, Knight, Ell ing voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A TEST: ~/&' ~6~ J ry indschitl - Mayor .- Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANDKA STATE OF MINNESOTA NO. R037-86 MOTION by Councilmen Orttel to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF STORM DRAINAGE, PROJECT NO. 86-19, IN THE DEHN'S/SONSTEBY/ROUND LAKE AREA. WHEREAS, the City Council of the City of Andover is cognizant cf the need for improvements, specifically storm drainage in the following described area: Dehn's{ Sonsteby/Round Lake Areaj and WHEREAS, the City Council proposes to assess the benefitting properties for all cr 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 improve- ment$. 2. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report, MOTION seconded by Councilman Ell ing and adopted by the City Council at a Regular Meeting this 29th day of April , 1986 with Councilmen Lachinski, Kni¡::]ht, Orttel, Windschitl, Ell ing voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~A_ , C.v' ¿1 ....1'/ J ry Wqndschitl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R038-86 MOTION by Counoilmen Orttel to edopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STORM DRAINAGE, PROJECT NO. 86-15, IN THE NORTH AND SOUTH ENCHANTED DRIVE AREA. WHEREAS, the City Council of the City of Andover is cogni:zant of the need for improvements, due to receiving e petition, specifi- celly storm drainage in the following described area: North end South Enchented Drive; and WHEREAS, the City Council proposes to assess the beneFitting property for ell or e 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 thet: 1. The City Council is cognizant of the need for improvements. 2, The proposed improvement is hereby referred to TKDA end they ere instructed to provide the City Council with a feesibility report. MOTION seconded by Councilmen Knight end edopted by the City Council et e Regular Meeting this 29th day of April, 1986, with councilmen Lachinski, Elling, Windschitl, Knight, Orttel voting in favor of the resolution, end Councilmen none votîng against, whereupon said resolution Wes declared passed. CITY OF ANDOVER ATTEST: ~ fA,,'_ r¿z/ J ry indschitl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANoKA STATE OF MINNESOTA NO. Ro39-86 MOTION by Councilman orttel to edopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF STORM DRAINAGE, PRO.JECT NO. 86-16, IN THE RED OAKS AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specificelly storm drElinElge in the following described ares: Red OElks; and.; WHEREAS, the City Council proposes to assess the benefitting properties for all or a portion of the costs of the improvement, pursuant to MinnesotEl Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover thElt: 1. The City Council is cognizant of the need for improve- ments. 2, The proposed improvement is hereby referred to TKDA Elnd they are instructed to provide the City oouncil with EI feasibility report. MOTION seconded by CouncilmEln Lachinski Elnd adopted by the City Council Elt a RegulElr Meeting this 29th day of April , 1986, with councilmen Windschitl, Elling, Knight, Lachinski, Drttel voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution WElS declElred pElssed. CITY OF ANDOVER ¥. lJ; ;~ ATTEST: .J ry ðíindschitl - Mayor LElrry P. .Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R040-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 86-1 AND 86-2 FOR WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS IN THE AREA OF CREEKRIDGE ESTATES AND SMITH'S GREEN ACRES. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. , bids were received, opened and tabulated according to law for Project Nos. 86-1 and 86-2, with results as follows: Channel Construction $306,l69.85 Annandale Sewer & Water 308,126.95 American Contracting 329,7l4.75 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the above bids as shown to indicate Channel Construction Company, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and Clerk to enter into a Contract with Channel Construction Company, Inc. in the amount of $306,169.85 for construction of Improvement Project Nos. 86-l and 86-2 for watermain, sanitary sewer, storm drain and streets in the area of Creekridge Estates and Smith's Green Acres; 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 insurance and bond require- ments met. MOTION seconded by Councilman Elling and adopted by the City coucnil at a Special Meeting this 29th day of April , 1986, with Councilmen Laohinski, Knight, Orttel, Windsohitl, Elling voting in favor of the resolution and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A TEST: ~.' pV ~ t- /- J ~indschi tl - Mayor P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R04l-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION WAIVING THE PLATTING REQUIREMENTS ON PROPERTY LOCATED IN SECTION 28-32-24. WHEREAS, Tony Emmerich has requested a waiver of platting requirements for property located in Section 28-32-24; and WHEREAS, no additional buildable lots are being created and shifting lot lines will accommodate a current and proposed construction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to approve a waiver of platting requirements as requested by Tony Emmerich for property located in Section 28-32-24. MOTION seconded by Councilman Ellinq and adopted by the City Council of the City of Andover this 6th day of May , 1986 by unanimous vote. CITY OF ANDOVER ATTEST: :iJ~ ~., ~«/ Je ry indschitl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA NO. R042-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF HIDDEN CREEK AS BEING DEVELOPED BY GOOD VALUE HOMES IN SECTION 33. WHEREAS, the developer has presented the Final Plat of Hidden Creek; and WHEREAS, the City Engineer has reviewed such plat for conformance with the Preliminary Plat approved on the 20th day of March 1986; and WHEREAS, the City Attorney has presented a favorable Title Opinion on the property being platted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plat of Hidden Creek as developed by Good Value Homes. BE IT FURTHER RESOLVED to make such approval contingent upon the collection of park fees for the cash in lieu of land portion of the park dedication of the plat. MOTION seconded by Councilman Lachinski and adopted by the City Council at a Reqular Meeting this 6th day of May , 1986 by unanimous vote. CITY OF ANDOVER ATTEST: ~. c.-~ .., <~,/ J ryOWindschitl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 043-86 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 STREET CONSTRUCTION, PROJECT NO. 86-l2, IN THE l54TH LANE AREA FROM NIGHTINGALE STREET TO RAVEN STREET. WHEREAS, the City Council has received a petition, dated April 25, 1986, requesting the construction of improvements, specifi- cally street construction in the following described area: l54th Lane area from Nightingale Street to Raven Street; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners re- questing 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 for Project 86-l2. 2 . The proposed improvemetn is hereby referred to BRA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman Ellinq and adopted by the City Cour,::il at a Regular Meeting, this 6th day of )Mav , 1986, with Councilmen Kniqht. Lachinski. windschitl. Orttel. Ellinq voting in favor of the resolution and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER TEST: .t' ~~. é' _/~ Je y ~ndschitl - Mayor ~ Johnson - City Clerk .' STATE OF MINNESOTA COUNTY OF ANOKA CITY OF Ai1UUVtK RESOLUTION NO.044-8RpPROVING THE TRANSFER OF OWNERSHIP OF GROUP W CABLE, INC. WHEREAS, Group W Cable, Inc. , a New York Corporation (hereinafter "Group W Cable"), by and through Group W Cable of the Quad Cities, Inc. , a wholly-owned subsidiary, owns, operates and maintains a cable television system in the City pursuant to the terms and conditions of City Ordinance No. 59 - (hereinafter "Cable Communications Franchise Ordinance ") ; and WHEREAS, Group W Cable's parent corporation, Westinghouse Broadcasting and Cable, Inc. , an Indiana Corporation (hereinafter "Westinghouse II desires to sell and otherwise transfer all of the issued and outstanding shares of the capital stock of Group W Cable to Century Southwest Cable Television, Inc. , a Delaware Corporation; TCI Holdings, Inc. , a Colorado Corporation; American Television and Communications Corporation, a Delaware Corporation; and affiliates of, or subsidiaries or partnerships owned· or controlled by, Houston Industries Incorporated, a Texas Corporation, Comcast Corporation, a Pennsylvania Corporation, Daniels & Associates, Inc. , a Delaware Corporation, and American Television and Communications Corporation (hereinafter "Buyers"), and thereby transfer control of Group W Cable to the Buyers; and WHEREAS, Group W Cable has requested the consent from the City to a change in ownership and control of Group W Cable to the Buyers and the transfer of ownership and control and ultimate transfer of the Cable Communications Franchise Ordinance as amended to North Central Cable Communications, L.P. ; and WHEREAS, the Quad Cities Cable Communications Commission (hereinafter "Commission") has been delegated the authority and responsibility to coordinate, administer and enforce the Cable Communications Franchise Ordinance on behalf of City pursuant to the terms of a Joint and Cooperative Agreement for the Administration of a Cable Television Franchise; and WHEREAS, the Commission has held a public hearing on behalf of City and has reviewed the legaL technical, and financial qualifications of Buyers and found them adequate to own and operate Group W Cable; and WHEREAS, the Commission is continuing to review the legal, technica 1, and financial qualifications of North Central Cable Communications, L.P. as it relates to the transfer of ownership and control and ultimate transfer of the Cable Communications Franchise Ordinance, as amended; and WHEREAS, the Commission has recommended to City approval of the transfer of control of Group W Cable to Buyers subject to the actual closing of the stock sale in June, 1986; and WHEREAS, the Commission and City have been advised by Group W Cable and the Buyers that the approval of such stock transfer to Buyers shall in no way be interpreted as an approval, either express or implied, of the transfer of ownership and control and ultimate transfer of the Cable Communications Franchise Ordinance to North Central Cable Communications, L.P. - 2 - NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover : l. That the City hereby approves the sale by Westinghouse of all of the issued and outstanding shares of the capital stock of Group W Cable, Inc. and the transfer of control of Group W Cable, Inc. to the Buyers subject to an actual closing of the stock sale transaction in June, 1986 pursuant to the terms and conditions currently understood by the City as evidenced by the Notice of Transfer to said Corrunission and City. 2. That the approval of the transfer of ownership and control of Group W Cable, Inc. to the Buyers is hereby deemed not to include any appro va 1, either express or implied, as to any subsequent transfer of ownership or control or transfer of the Cable Communications Franchise Ordinance to North Central Cable Communications, L.P. , or to any other entity or individual. 3. That the Quad Cities Cable Communications Commission continue to review the request of Group W Cable, Inc. regarding a change in control and transfer of the Cable Communications Franchise Ordinance as amended to North Central Cable Communications, L.P. and in the future prepare a separate recommendation for City regarding such change in control and transfer. 4 . That this approval by City shall be null, void and of no effect should any entity or individual successfully li tiga te that the approval is also an approval, either express or implied, as to any subsequent transfer of ownership or control - 3 - or transfer of the Cable Communications Franchise Ordinance to North Central Cable Communications, L. P., or to any other entity or individual. 5. That this approval is specifically conditioned upon payment in full prior to an actual closing of the stock sale transaction in June, 1986 of all expenses incurred by Commission and City related to the Request for Approval of Transfer dated February 4, 1986, including those related expenses incurred prior to February 4, 1986, but incurred in preparation for the receipt of the Request for Approva 1. 6. That this approval is specifically conditioned upon the understanding that any changes or modifications In the cable communications Franchise ordinance or cable communications system (in place or proposed) which are subject to regulation or control by City and/or Commission shall not be made without the prior review and approval of City and/or Commission pursuant to such procedures as are contained in the cable communications Franchise or otherwise applicable law. The above listed resolution was moved by Council Member Rlli ng , and duly seconded by Council Member ()rt-f-pl . The following Council Members voted in the affirmative: Windschitl, Lachinski, Orttel, Elling, Knight The following Council Members voted in the negative: None this f>t-h day of b'f;:ay , 1986. d , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R045-86 A RESOLUTION ALLOWING THE ANDOVER FIRE DEPARTMENT TO DISPOSE OF OBSOLETE EQUIPMENT EITHER BY DONATION OR SALE. WHEREAS, the Andover Fire Department has obsolete equip- ment which is no longer used. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Andover that the Andover Fire'Department be allowed to donate obsolete equipment to the following organizations: Anoka County, The Children's Museum of St. Paul, and IndependéTt. School District #ll. BE IT FURTHER RESOLVED by the City Council that the Andover Fire Department be permitted to sell obsolete equipment to other fire departments. Adopted by the City Council of the City of Andover this 6th day of May , 19 86 . CITY OF ANDOVER ~¿;/ .¿? ~ Je y 'náschitl - Mayor Larr P. Johnson - City Clerk " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R046-86 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 STREET CONSTRUCTION PROJECT NO. 86-7, IN THE l64TH LANE-EAST OF ROUND LAKE BOULEVARD- AREA. WHEREAS, the City council has received a petition, dated April 22, 1986 requesting the construction of improvements, specif- ically street construction in the following described area: l64"th Lane from Round Lake Boulevard to Heather Street grid; 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: l. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to BRA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman Lachinski and adopted by the City Council at a Reqular Meeting this 6th day of May , 1986, with Councilmen Kniqht, Windschitl, Ellinq, Orttel , Lachinski voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A TEST: ~~ ~~. 4'. ~.¡:/ J r~in schitl - Mayor Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO.R047-86 MOTION by Councilman Lachinski to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPAR- ATION OF FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN, SANITARY SE,i1ER, STORM DRAIN AND BITUMINOUS STREETS WITH CONCRETE CURB AND GUTTER, PROJECT NO. 86-l0, IN THE HIDDEN CREEK 3RD ADDITION AREA. WHEREAS, the City Council has received a petition dated April 22, 1986, requesting the construction of improvements, specifically watermain, sanitary sewer, storm drain, and bituminous streets with concrete curb and gutter in the following described area: Hidden Creek 3rd Addition (SE~ of Section 33); and WHEREAS, such petition has been validated to represent the signatures of lOO% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: l. The petition is hereby declared to be signed by lOO% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $l,OOO. 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 Orttel and adopted by the City Council at a Reqular Meeting this 6th day of May , 1986, with Councilmen Ellinq, Kniqht, Windschitl, Lachinski, Orttel voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A TEST: Çf" ----~; /.? ~~ J r~imSchitl - Mayor City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R048-86 MOTION by Councilman Lachinski 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 SANITARY SEWER, WATERMAIN, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER FOR HIDDEN CREEK 3RD ADDITION, IP 86-10. WHEREAS, the City Council did on the 6th day of May, 1986 order the preparation of a feasibility study for the improvements in Hidden Creek 3rd Addition; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 6th day of May, 1986; 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. NOW, THEREFORE, BE IT RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifi- cations 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 with such pay- ment to be made prior to commencement of work on the plans and specifications by TKDA. MOTION seconded by Councilman Ellinq and adopted by the City Council at a Reqular meeting this 6th day of May , 1986, with Councilmen Kniqht, Windschitl, Orttel, Ellinq, Lachinski voting in favor of the resolution and Council- ment none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A TEST: ç;~£" ~ /d/ J ry' indschitl - Mayor - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R049-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARA- TION OF FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND BITUMINOUS STREETS WITH CONCRETE CURB AND GUTTER, PROJECT NO. 86-8 IN THE WOODLAND TERRACE 2ND AND 3RD ADDITIONS AREA. WHEREAS, the City Council has received a petition dated April 25, 1986 requesting the construction of improvements, specifically watermain, sanitary sewer, storm drain, and bituminous streets with concrete curb and gutter in the following described area: Woodland Terrace 2nd and 3rd Additions; and WHEREAS, such petition has been validated to represent the signatures of lOO% 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 signed by lOO% of owners of property affected, thereby making the petition unanimous. 2 . Escrow amount for feasibility report is $l,OOO. 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 811 ing and adopted by the City Council at a Reguli'lr Meeting this (;t-h day of May , 1986, with Councilmen Winn~r.hirl _ Knighrr RllinlJ. T.;;1("ni nc¡;'k-i r Ortt€,l voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~~ µ./' ~ ~// J ry indschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R050-86 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 SANITARY SEWER, WATERMAIN, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER FOR WOOD- LAND TERRACE 2ND AND 3RD ADDITIONS, IP 86-8. WHEREAS, the City Council did on the 6th day of May, 1986 order the preparation of a feasibility study for the improvements in Woodland Terrace 2nd and 3rd Additions; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 6th day of May, 1986; 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. NOW, THEREFORE, BE IT 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 $2,000 with such payment to be made prior to commencement of work on the plans and specifications by TKDA. MOTION seconded by Councilman Elling and adopted by the City Council at a Regular Meeting this 6th day of Mav , 1986, with Councilmen Knight. Elling. Orttel. Windschitl. Lachinski voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ /£~~ ~ R~ ;:;:¡ Winds chi tl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R05l-86 MOTION by Councilman orttel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND BITUMINOUS STREETS WITH CONCRETE CURB AND GUTTER, PROJECT NO. 86-9, IN THE WOODLAND TERRACE 4TH ADDITION AREA. WHEREAS, the City Council has received a petition dated April 25, 1986, requesting the construction of improvements specifically water,ain, sanitary sewer, storm drain, and bituminous streets with concrete curb and gutter in the following described area: Woodland Terrace 4th Addition; and WHEREAS, such petition has been validated to represent the signatures of lOO% of the affected property owners requesting such improvemetn. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: l. The petition is hereby declared to be signed by lOO% of owners of property affected, thereby making the petition unanimous. 2 . Escrow amount for feasibility report is $l,OOO. 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 Coucnilman Elling and adopted by the City Council at a Regular Meeting this 6th day of May , 1986 with Councilmen Windschitl, Lachinski, Knight, Elling, Orttel voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~,/ t.-'" .£.. /.dY rr Wlndschitl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R052-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING FEASBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER FOR WOODLAND TERRACE 4TH ADDITION, IP 86-9. WHEREAS, the City Council did on the 6th day of May, 1986 order the preoparation of a feasibility study for the improvements in Woodland Terrace 4th Addition; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 6th day of May, 1986; 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. NOW, THEREFORE, BE IT 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 $l7,000 with such payment to be made prior to commencement of work on the plans and specifications by TKDA. MOTION seconded by Councilman Ellinq and adopted by the City Council at a Reqular Meeting this 6th day of May , 1986 with Councilmen Kniqht. Lachinski, Ellinq, Orttel, Windschitl voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~...~ < ¿" ¿? .;.,.ß J ry ð\'indschi tl - Mayor - City clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 053-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF WATERMAIN, SANITARY SEWER, STORM DRAIN, STREETS WITH CONCRETE CURB AND GUTTER, PROJECT NO. 86-9 IN THE WOODLAND TERRACE 4TH ADDITION AREA ALONG LILY STREET AND ROUND LAKE BOULEVARD/ l33RD LANE/l34TH AVENUE AREA. WHEREAS, pursuant to Resolution No. adopted the 6th day of May, 1986, a Feasibility Report has been prepared by TKDA for the improvement of watermain, sanitary sewer, storm drain and streets, Project No. 86-9 in the Woodland Terrace 4th Addition area along Lily Street and Round Lake Boulevard/133rd Lanej134th Avenue area; and WHEREAS, such report was received by the City council on the 6th day of May, 1986; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: l. The City Council hereby accepts the Feasibility Report for Project No. 86-9, for the improvements of sanitary sewer, watermain, storm drain, and streets, in the Woodland Terrace 4th Addition area along Lily Street and Round Lake Boulevard/l33rd Lane/l34th Avenue area as prepared by TKDA. 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 cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 3. A public hearing shall be held on such proposed improve- ment on the 1ril day of ,Tnnp , 1986 in the Council Chambers of the City Hall at 7.10 P M and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilman Ellina and adopted by the City Council at a RpgnlrJr Meeting this firh day of May , 1986, with Councilman WindRchitl. Knight. Elling. Orttel. LachinRki voting in favor of the resolutions, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~/' t....-: "./.. - .././y rr Windschitl - Mayor ci·ty Clerk I , , Extract of Minutes of Meeting of the City Council of the City of Andover, Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was held at the City Hall in said City on Tuesday, May 6, 1986, commencing at 7:30 o'clock P.M. The following members were present: Elling, Knight, Lachinski, Orttel, Wi ndschi tl and the following were absent: None *** *** *** The following resolution was presented by Councilmember Ell i nq i who moved its adoption: i I , I I RESOLUTION NO. 86- 054 I I I RESOLUTION PROVIDING FOR THE ISSUANCE I AND SALE OF $1,795,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986 BE IT RESOLVED By the City Council of the City of Andover, Anoka County, Minnesota (City) as follows: 1. It is hereby determined: (a) That the following assessable public improvements (the "Improvements") have been made, duly ordered or con- tracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429: i Project Designation & Description Total Project Cost Project 85-8B Trunk Sewer Extension Bunker Lake Boulevard $ 228,220 Project 85-14 Lund Development Streets and Guarani Street 105,900 Project 85-15 Dehn's Frontage Road 10,000 Project 85-16 Sipe and Lawrence Water and Sewer Installation 33,307 Project 86-1 Creek Ridge Plat Improvements 269,230 Project 86-2 Smith's Green Acres Improvements 42,307 Project 86-4 Hidden Creek Improvements - Phase One 263,615 Project 86-6 Hidden Creek Improvements - Phase Two 292,769 Project 86-8 Woodland Terrace Outlot 61,538 Engineering Costs (ll%) 222,170 Contingencies (5%) 65,344 Administrative Expense (4%) 52,272 Legal Expense (2%) 26,137 Fiscal Expense (2%) 26,137 Capitalized Interest 65,054 Total $1,763,997 Dicount 31,000 Total $1,795,000 (b) That it is necessary and expedient to the sound finan- cial management of the affairs of the City to issue $1,795,000 General Obligation Improvement Bonds, Series 1986 (Bonds) to provide financing for the Improvements. 2. In order to provide financing for the Improvements, the City shall therefore issue and sell Bonds in the amount of $1,764,000. In order to provide in part the add it ional interest required to market the Bonds at this time, additional Bonds shall be issued in the amount of $31,000. Any excess of the purchase price of the Bonds over the sum of $1,764,000 shall be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on such additional Bonds. The Bonds shall be issued and sold in accordance with the terms of the following Official Notice of Sale: i : f OFFICIAL NOTICE OF SALE $1,795,000 General Obligation Improvement Bonds, Series 1986 City of Andover Anoka County, Minnesota NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota, will consider sealed bids for the purchase of $1,795,000 general obligation improvement bonds of the City at a regular Council meeting on Tuesday, June 3, 1986, at 7:30 o'clock p.m. J C.T. on the following terms. Purpose and Security The purpose of the bonds is to provide funds for the finan- cing of various 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 property. Date and· Maturities The bonds will be issued in fully registered form, will be dated July 1, 1986, will be in integral multiples of $5,000 each and will mature on August 1 in the following years and amounts: Year Amount Year Amount 1987 $ 75,000 1994 $125,000 1988 75,000 1995 125,000 1989 100,000 1996 125,000 1990 100,000 1997 150,000 1991 125,000 1998 150,000 1992 125,000 1999 145,000 1993 125,000 2000 125,000 2001 125,000 Redemption The City may elect on August 1, 1996 and any interest payment date thereafter, to prepay in whole or in part in inverse order of maturity, bonds due on or after August 1, 1997 at a price of par plus accrued interest. If prepayment is in part the specific bonds to be prepaid will be selected by lot by the Registrar. Interest Interest on the bonds will be payable on February 1, 1987, and semiannually thereafter on each August 1 and February 1. All bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for bonds of any subsequent maturity. Each rate must be in an inte- gral multiple of 1/20 of 1%, and no rate of interest nor the net effective average rate of the issue may exceed the maximum rate of interest permitted by law on the day of sale. Paying Agent The City will name the Registrar which shall be subject to applicable SEC regulations. Principal will be payable at the prin- cipal 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 will assume 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 prin ted at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. Delivery Within 40 days after sale, the City will furnish and deliver to the office of the purchaser or, at its option, will deposit with a bank in the United States selected by it and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed and executed bonds, the unqualified opinion thereon of bond counsel, and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. The charge of the delivery agent must be paid by the purchaser, but all other costs will be paid by the City. The purchase price must be paid upon delivery of the bonds in funds available for expenditure by the City on the day of payment. Legal Opinion An unqualified legal opinion on the bonds will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Associa- tion of 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 benefited property, and that the City is obligated and required 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 and must be received prior to the time of said meeting. Each bid must be unconditional and must be accompanied by a cashier's or certif ied check or bank draft in the amount of $35,900, payable to the City Clerk-Treasurer, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid authorizing the lowest net interest cost (total interest from date of bonds to stated maturities, less any cash premium or plus any amount less than $1,795,000 bid for principal) will be deemed the most favorable. No oral bid and no bid of less than $1,764,000 for princi- pal plus accrued interest on all of the bonds will be considered, and the City reserves the right to reject any and all bids and to waive any informality in any bid. BY ORDER OF THE CITY COUNCIL /s/ Larry P. Johnson City Clerk-Treasurer Dated: May 6, 1986. I 3. The Clerk-Treasurer is authorized and directed to advertise the Bonds for sale in accordance with the foregoing Official Notice of Sale and to cause the abbreviated notice of sale attached hereto as Exhibit A, to be published in the manner requi red by law. The City Council shall meet on Tuesday, June 3, 1986, to consider bids on the Bonds and take any other appropriate action. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Lac h ins k ånd upon vote being taken thereon, the following voted in favor of the motion: E 11 in g, Ortte1, Windschit1, Knight, Lachi nsk i and the following voted against: None whereupon said resolution was declared duly passed and adopted. , . i I I I I I I ¡ , EXHIBIT A NOTICE OF BOND SALE $1,795,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986 CITY OF ANDOVER, MINNESOTA ANOKA COUNTY These bonds will be offered for sale on sealed bids on Tuesday, JUNE 3, 1986 Bids will be opened and tabulated for consideration and award by the City Council at 7:30 p.m., C.T. , a regular meeting of the Council on that date. The Bonds will be dated July 1, 1986, will bear interest payable semiannually on each February 1 and August 1 to maturity, commencing February 1, 1987, and will mature on February 1 in the amounts and years as follows: Year Amount Year Amount 1987 $ 75,000 1994 $125,000 1988 75,000 1995 125,000 I989 100.000 1996 125,000 1990 100,000 1997 150,000 1991 125,000 1998 150,000 1992 125,000 1999 145,000 1993 125,000 2000 125,000 2001 125,000 The City may elect on February I, 1996 to prepay in whole or in part bonds due on or after February 1, 1997 at a price of par plus accrued interest. If prepayment is in part the specific bonds to be prepaid will be selected by lot by the Registrar. No rate of interest nor the net effective rate of the issue may exceed the maximum rate permitted by law. Bidders must specify a price of not less than $1,764,000 plus accrued interest. A legal opinion on the Bonds will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Hinneapolis, Minnesota. The proceeds of the Bonds will be used to finance a portion of the costs of various improvement projects in and for the City. Bidders should be aware that the Official Statement to be published 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 said Official Statement, the provi- sions of the latter shall be those to be complied with. BY ORDER OF THE CITY COUNCIL /s/ Larry P. Johnson City Clerk-Treasurer Dated: May 6, 1986. I I STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk-Treasurer of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of a regular meeting of the City Council of said City held on Tuesday, May 6, 1986, with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same relates to the issuance and sale of $1,795,000 General Ob liga t ion Improvement Bonds, Series 1986, of the City. WITNESS My hand as such City Clerk-Treasurer and the cor- porate seal of the City this 20th day of June 1986. . Clerk-Treasurer of Andover, Minnesota (SEAL) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R055-86 A RESOLUTION REQUESTING ANOKA COUNTY TO REMOVE THE DEVELOPMENT RESTRICTION NORTH OF BUNKER LAKE BOULE- VARD IN THE CITY OF ANDOVER. WHEREAS, the City of Andover is preparing to extend water and sanitary sewer to the area north of Bunker Lake Boulevard and to the Anoka county Public Works maintenance building. NOW, THEREFORE, BE IT RESOLVED that the City of Andover requests Anoka County to remove the develop- ment restriction north of Bunker Lake Boulevard in the City of Andover. Adopted by the City Council this l5thday of May , 1986 CITY OF ANDOVER ATTEST: bW~---dZ/ /l J JI1'. Jerry Wlndschitl - Mayor . Johnson - City Clerk fuy 20 Council Meeting MOTION by Orttel, Seconded by Elling, that we direct the staff to prepare a resolution vacating an easement on the west side of Lot 3, Block 3, Northglen First Addition as presented by the City Administrator. Resolution R056-86 assigned. SHOULD BE ORDINANCE AMENDMENT CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R057··86 MOTION by Councilman Knight to adopt the following: A RESOLUTION APPROVING A LOT SPLIT REQUESTED BY NORBERT TEMPLE FOR THE PROPERTY DESCRIBED AS LOT l, BLOCK l, COUNTRY ESTATES. WHEREAS, the Planning and Zoning Commission has conducted a public hearing and reviewed the lot split request of Norbert '\, Temple; and ~ \ WHEREAS, after such review, the Pla n~g and Zoning Commission recommended approval of t~reque t citing l) the proposed lot split will not be detrimental to Ne heal ,safety or general welfare of the community; 2) The pro osled lo plit will not cause an increase in traffic; 3) it will n t d re ~ te surrounding property values; 4) It is i conform In e '~the Zoning ordinance, the Comprehensive Plan and Ordinance n regard to width and area; and ~ · WH'ê" ^', ,"e Ciey 3no \ 0 in agce~en' ,ieh ,"ooe mom given by tÎ~ Panning and Z n'fg ,ommission. NOW, HEREFORE, ,BEfIRESOLVED by the City Council of the Ci'y of Arda"e '0 hacab~~PCa"a 'he '0' opli' cagnao' af Nacbac' ~emple tol spli the p~p r',y known as Lot l, Block l, Country Estates, lnto two feparþte par l. \ i ~~ Ii URT R~SOLVED that approval is contingent upon the follow ng: l) n~l al descriptions will be drawn; 2) Prior to the issu nce of a uiling permit, an additional sewer stub will be installed . by councilma\\ Lachinski and adopted by \ the City Council at a Reqular meeting this 20th day of Mav , 1986. CITY OF ANDOVER ~/ k p'... ¿:d',/ J ry ináschitl - Mayor P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R058-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF RED OAKS PONDS, PROJECT NO. 86-16. WHEREAS, pursuant to Resolution No. R039-86, adopted the 29th day of April, 1986, a Feasibility Report has been prepared by TKDA for the improvement of storm drainage of the Red Oaks Ponds, Project No. 16-16; and WHEREAS, such report was received by the City Council on the 20th Day of May, 1986; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $78,200. 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. 86-16, for the improvement of storm drainage in the Red Oaks Ponds areas as prepared by TKDA. 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 cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated cost of the improvement of $78,200. 3. A public hearing shal be held on such proposed improvement on the 17th Day of June, 1986 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 Knight and adopted by the City Council at a Regular Meeting this 20th day of May , 1986, with Councilmen Elling, Knight, Lachinski, Orttel, and Windschitl voting in favor of the resolution, and Councilmen none voting against~ whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ úL' a d27' J ry W' schitl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R05,9-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT OF STORM DRAINAGE, PROJECT NO. 86-19, IN THE DEHN'S/SONSTEBY/ ROUND LAKE AREA. WHEREAS, pursuant to Resolution No. R037-86, adopted the 29th day of April, 1986, a Feasibility Report has been prepared by TKDA for the improvement of storm drainage, Project No. 86-19, in the Dehn's/Sonsteby/ Round Lake area; and WHEREAS, such report was received by the City Council on the 20th day of May, 1986; and WHEREAS, such report declared the proosed improvement to be feasible for an estimated cost of $91,680. 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. 86-19 for the improvments of storm drainage in the Dehn's/Sonsteby/Round Lake area as prepared by TKDA. 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 cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $91,680. 3. A public hearing shall be held on such proposed improvement on the 25th of June, 1986, in the Council Chambers of the City Hall at 7:30 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 20th day of May , 1986, with Councilmen Elling, Knight, Lachinski, Orttel, and Windschitl voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ ~)' ¿? /.-id Je y Win chit! - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R060-86 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF GOODRIDGE ACRES AS BEING DEVELOPED BY GLEN GEVING AND WALTER JOHNSON IN SECTION 04-32-24. WHEREAS, pursuant to published notice thereof, the Planning and Zoning Commission has conducted a public hearing on the Preliminary Plat of Goodridge Acres; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission is recommending approval of such plat, citing as reasons for such action as being 1) a public hearing was held; there was no opposition; 2) the plat is in conformance with the Comprehensive Plan; 3) the plat has been reviewed by the Andover Review Committee and the City Engineer, and WHEREAS, the City Council acknowledges that a recommendation has been received from the Park Board for cash in lieu of land; and WHEREAS, the City Council is in agreement with the reasons given by the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Goodridge Acres subject to a note on the plat stating that footing drain tile may be required as the City Engineer has determined this is a perched water table. BE IT FURTHER RESOLVED that the following exceptions are hereby noted and approved: 1. Lot 1, Block 1 and Lots 3 and 4, Block 2, Lot 2, Block 3 and Lot 2, Block 2 require variances for lot width pursuant to Ordinance 8, Section 6.02; 2. A variance will be granted from Ordinance 8, Section 6.02 for the length of Eidelweiss, Heathe Street, and 176th Avenue that will terminate with a temporary turnaround. Adopted by the City Council of the City of Andover this 20th day of May , 1986. CITY OF ANDOVER ATTEST: ~W~ J rry W' dschitl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 061-86 MOTION by Councilman Lachinski to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET CONSTRUCTION, PROJECT NO. 86-18 IN THE FOREST MEADOWS, BLUEBIRD STREET, YELLOWPINE STREET AND WARD LAKE DRIVE AREA. WHEREAS, the City Council has received a petition, dated 5/20/86, requesting the construction of improvements, specifically Street in the following described area: FOREST MEADOWS, BLUEBIRD STREET, YELLOWPINE STREET, AND WARD LAKE DRIVE; 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 for Project No. 86-18. 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 Elling and adopted by the City Council at a Regular Meeting this 20th day of ~, 1986, with Councilmen Elling, Lachinski, Knight, Orttel, and Windschitl voting in favor of the resolution and Councilmen None voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ~ ~ IV' Þ"_ __dÝ rryiWindschitl - Mayor James E. Schrantz - City Clerk Resolution R061-86 May 20, 1986 MOTION by Lachinski, Seconded by Elling, to authorize the Engineer to contract with the engineering firm of BRA to prepare a feasibility study and update our State Aid funding program. Carried unanimously. NOT REQUIRED AS RESOLUTION CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R062-86 MOTION by Councilman Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 86-4 FOR WATERMAIN, SANITARY SEWER, STORM DRAIN, STREET WITH CONCRETE CURB AND GUTTER IN THE AREA OF HIDDEN CREEK. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. R036-86, bids were received, opened and tabulated according to law for project No. 86-4, with results as follows: American Contracting $339,86l.30 S.J. Louis Construction 358,563.50 Annandale Sewer & Water 363,540.39 NOT, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the above bids as shown to indicate American Contracting as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and Clerk to enter into a Contract with American Contracting in the amount of $339,86l.30 for construction of Improvement Project No. 86-4 for water- main, sanitary sewer, storm drain, streets with concrete curb and gutter in the area of Hidden Creek; 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 insurance and bond requirements met. MOTION seconded by Councilman Lachinski and adopted by the city Council at a Meeting this 20th day of May , 19 86 , with councilmen Windschitl, Ellinq, Orttel, Kniqht, Lachinski _ voting in favor of the resolution, and Council- men None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~. ~ j,;. 4,.aV' J ry #!indschi tl - Mayor . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R063-86 MOTION by Councilman __Lachjnski to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 86-6, HIDDEN CREEK 2ND ADDITION FOR WATERMAIN, SANITARY SEWER, STORM DRAIN, STREETS WITH CONCRETE CURB AND GUTTER. WHEREAS, pursuant to Resolution No. 034-86, adopted by the City Council on the 15th day of April, 1986, TKDA has prepared final plans and specifications for Project 86-6, Hidden Creek 2nd Addition; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of May 1986. NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Andover to hereby approve the Final Plans and Specifications for Project No. 86-6 for watermain, sanitary sewer, storm drain, streets with concrete curb and gutter. 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 lO:OO A.M., Tuesday, June lO, 1986 at the Andover City Hall. MOTION seconded by Councilman Orttel and adopted by the City Council at a Regular meeting this 20th day of May , 1986, with Councilmen Elling, Knight, Windschitl, Orttel, Lachinski voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER g , ATTEST: ___ ?v-- ,;, ¿',"''V J rY~indschitl - Mayor Larry P. Johnson - City Clerk RESOLUTION NO. 063A RESOLUTION AUTHORIZING ISSUANCE OF A CERTIFICATE OF INDEBTEDNESS - 1986 WHEREAS, Minnesota Statutes, Section 4l2.30l authorizes the City Council to issue certificate of indebtedness within existing debt limits to finance the purchase of fire equipment; and WHEREAS, a contract will be entered into for the pur- chase of such fire equipment at a total purchase price of $95,000.00; and WHEREAS, the City has sought quotations for the pur- chase of said certificate of indebtedness, which are on file with the City Clerk; and WHEREAS, it appears that the bid of First Northtown National Bank, Blaine, Minnesota for the purchase of such cer- tificate of indebtedness is reasonable. BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The bid of First Northtown National Bank for the purchase of a $95,000.00 certificate of indebtedness is hereby accepted. . 2. The Ci ty shall forthwith issue and sell the nego- tiable, general obligation fire equipment certificate of indebt- edness in the amount of $95,000.00, dated June l, 1986, to the First Northtown National Bank in the form of single typewritten fully registered certificate of indebtedness, in the denomina- tion of $95,000.00, bearing interest as set out herein, all -1- interest payable on December 1 and June 1 of each year, commenc- ing December 1, 1986, which certificate installments mature serially with option of prior payment on any interest payment date in the years and installments amounts as follows: Maturity Year Principal Amount Rate of Interest 1987 $19,000.00 6.80% 1988 $19,000.00 7.00% 1989 $19,000.00 7.20% 1990 $19,000.00 7.40% 1991 $19,000.00 7.60% 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 $95,000.00 Fire Equipment Certificate 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 First Northtown National Bank, Blaine, Minnesota or registered assigns, with option of prior paymen t, the principal sum of . NINETY-FIVE THOUSAND and no/lOO DOLLARS on the 1st day of June, in the years and installment amounts as follows: Year Amount 1987 $19,000.00 1988 $l9,00O.00 1989 $19,000.00 1990 $19,000.00 1991 $19,000.00 -2- 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 at the rates as follows: Maturity Year Principal Amount Rate of Interest 1987 $19,000.00 6.80% 1988 $19,000.00 7.00% 1989 $19,000.00 7.20% 1990 $19,000.00 7.40% 1991 $19,000.00 7.60% from the date hereof un ti 1 the principal sum is paid, interest to maturity payable on December 1, 1986 and semi-annually thereafter on the 1st day of December and the 1st day of June. Principal and interest on this certificate is payable at the office of the City Clerk-Treasurer 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 der i ved, 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. This certificate is in the total principal amount of NINETY-FIVE THOUSAND and no/lOO DOLLARS, and is issued by the -3- City pursuant to the Constitution and the laws of the State of Minnesota, including Minnesota Statutes, §4l2.30l, for the pur- pose of financing the purchase of certain fire 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-Treasurer by registered mail, and the assignee shall furnish the same to the City Clerk-Treasurer either in exchange for a new fully registered certificate in the principal amount then outstanding or for transfer on the registration book kept by the Clerk-Treasurer 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 ex ist, 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 per cent 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 -4- 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 June 1, 1986. /5/ Larry P. Johnson /s/ Gerald Windschitl City Clerk Mayor (SEAL) CERTIFICATE OF REGISTR~TION It is hereby certified tha t , 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 REGISTR"'TION CITY CLERK-TREASURER First Northtown June 1, 1986 National Bank FORM OF ASSIGNMENT For value received, the registered owner does hereby sell, assign and transfer the wi thin 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 First Northtown National Bank -5- 3. The certificate shall be prepared under the direc- tion 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 certificate has been so executed and authenticated, it shall be delivered by the City 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 certificate 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 pr in- cipal or interest on the certificate 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 fire equipment account in the general fund. Into this account shall be paid the pro- ceeds of the sale of the certificate authorized by this resolu- tion and from this account shall be paid all expenses incurred for the purchase of fire equipment to be financed by such -6- 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 this certificate of indebtedness when due, the 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 wi th and as a part of the other general property taxes in the City in the years and amounts as follows: Year Tax Levy 1987 $ 27,132.00 1988 $ 25,775.00 1989 $ 24,378.00 1990 $ 22,942.00 1991 $ 21,466.00 Such tax levy shall be irrepealable until all of the principal and interest on the certificate 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 this certificate 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 -7- Aud i tor of Anoka County, together with such information as he shall require, and to obtain from the County Auditor a certif- icate that this certificate of indebtedness has been entered on his bond register and the tax has been levied as required by law. 8. The City Clerk-Treasurer shall act as bond regis- trar and shall maintain a complete record of ownership of the Certificate. The City makes no representation that it is expe- rienced 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 Certificate shall take the Certificate subject to this condition. Adopted by the City Council this 20th day of May, 1986. ~ W· ~& ~ Clerk -8- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 064-86 MOTION by Councilman Kniqht to adopt the following: A RESOLUTION REQUESTING THE ANOKA COUNTY BOARD OF COMMISSIONERS TO APPROVE LEGISLATION REGARDING THE COON CREEK WATERSHED PROJECT FOR DITCH 57. WHEREAS, the Coon Creek Watershed Board has approved a project for the repair of Ditch 57 in the City of Andover; and WHEREAS, there are numerous unanswered questions surrounding this project, such es method of assessment, scope, procedure, whether or not it is an improvement project rather than a repair, the un- usual expenditures of funds, and others; and WHEREAS, there has been almost unanimous opposition by the taxpayers affected by the project as proposed; and WHEREAS, we are in the fourth year of the highest precipitation cycle on record and are unaware of major flooding problems in the Coon Creek Watershed area of Andover; and WHEREAS, the City of Andover has been unsuccessful in its attempts to negotiate with the Watershed Board to bring reasonableness to the issue; and WHEREAS, the City of Andover and its individual residents have been told repeatedly that there is no way to halt or alter the project other than through the courts; and WHEREAS, Senator Dahl has enacted legislation that will allow a decision on this proposed project to be based on a democratic process; and WHEREAS, final authority to enact this legislation rests with the Anoka County Board of Commissioners. NOW, THEREFORE, BE IT RESOLVED that the City of Andover urges the Anoka County Board of Commissioners to do whatever is in their power to do, including approval of the Dahl bill, to allow the democratic process to determine the future of this project. LET IT BE FURTHER RESOLVED that if the AnokaCounty Büard of Commissioners is unable or unwilling to so do, that it, at the very least, hold the issue in abeyance to be used as leverage to force the Coon Creek Watershed Board to negotiate in good faith those concerns raised by the City of Andover and its individual residents. MOTION seconded by Councilman Ellinq and adopted by the City Council at a Special Meeting this 22nd day of May , 198 by unanimous vote. CITY OF ANDOVER ~;~ ({J~' t1 ,hZ;/ Je ry w' dschltl - Mayor Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R065-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAIN, STREETS WITH CONCRETE CURB AND GUTTER, PROJECT NO. 86-9, IN THE WOODLAND TERRACE 4TH ADDITION, LILY STREET, ROUND LAKE BOULEVARD, 133RD LANE, AND 134TH AVENUE AREA AND DIRECTING PREPARATION OF FINAL PLANS & SPECIFICATIONS. WHEREAS, a resolution of the City Council adopted on the 6th day of May, 1986, fixed a date for a public hearing on the improvement of watermain, sanitary sewer, storm drain and streets, Project No. 86-9; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 3rd day of June, 1986; and WHEREAS, all persons desiring to be heard were given such opportunity for same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the improvement of watermain, sanitary sewer, storm drain, streets with concrete curb and gutter, Project No. 86-9, in the Woodland Terrace 4th Addition, Lily Street, round Lake Boulevard, 133rd Lane, and 134th Avenue area. 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 improvement. MOTION seconded by Councilman Lachinski and adopted by the City Council at a Regular Meeting this 3rd day of June, 1986, with Councilmen Knight, Lachinski, Orttel, Windschitl voting in favor of the resolution, Councilmen none voting against, and Councilman Elling absent; whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (~Cv'c~út:/ J ry 'ndschitl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R066-86 MOTION by Councilman Lachinski to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STORM DRAINAGE, PROJECT 86-l5 IN THE ENCHANTED DRIVE AREA. WHEREAS, pursuant to Resolution No. 038-86, adopted the 29th day of April, 1986, a feasibility report has been prepared by TKDA for the improvement of storm drainage, Project No. 86-15 in the Enchanted Drive area; and WHEREAS, such report was received by the City Council on the 20th of May, 1986; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $l4,498.00. 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. 86-l5, for the improvements of storm drainage in the Enchanted Drive area as prepared by TKDA. 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 cost of the improvement pur- suant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $l4,498.00. 3. A public hearing shall be held on such proposed improvement on the 25th day of June , 1986 in the Council Chambers of the City Hall at 9 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 June , 1986, with Councilmen Knight, Lachinski, Orttel, Windschitl (Elling Absent) voting in favor of the resolution and Council- men none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ L..¿'a. ~ J Y ndschitl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R067-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF WATERMAIN AND SANITARY SEWER, PROJECT NO. 86-3, IN THE BUNKER LAKE BOULEVARD/HANSON BOULEVARD AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, a resolution of the city Council adopted on the 15th day of April , 1986, fixed a date for a public hearing on the improvement of watermain and sanitary sewer, Project No. 86-3; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 22nd day of May, 1986, and continued to the 3rd day of June, 1986; and WHEREAS, all persons desiring to be heard were given such opportunity for same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the improvement of watermain and sanitary sewer Project No. 86-3 in the following described area: Bunker Lake Boulevard/Hanson Boulevard 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 improvement. BE IT STILL FURTHER RESOLVED that the Council agrees the developed residential parcels on the southern end of Jay Street would be eligible for deferment of up to three years for the connection charges for both sewer and water, such deferment voided at any time the property develops prior to that three-year period. MOTION seconded by Councilman Lachinski and adopted by the City Council at a regular Meeting this 3rd day of June , 1986, with Councimen Knight, Lachinski, Orttel, and Windschitl voting in favor of the resolution and Councilmen none (Elling absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ r~ ¿:7, /.-vc./ J ry ndschitl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R068-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF PRAIRIE OAKS AS BEING DEVELOPED BY ROBERT GROVER AND GENE BAK IN SECTION 23-32-24. WHEREAS, the developers have presented the Final Plat of Prairie Oaks; and WHEREAS, the city Engineer has reviewed such plat for conformance with the Preliminary Plat approved on the 3rd day of December, 1985; and WHEREAS, the City Attorney has presented a favorable Title Opinion on the property being platted. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plat of Prairie Oaks as being developed by Robert Grover and Gene Bak contingent upon the following items: 1. The developer present a warranty escrow for one year in the amount of $4,000. 2. The developer pay required park fees and all other required fees. MOTION seconded by Councilman Knight and adopted by the City Council at a Regular meeting this ~ day of June , 1986, with Councilmen Knight, Lachinski, Orttel, and Windschitl (Elling - Absent) voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~. {Á I . t? - .¿.¿.cl' J ry Wi tlschitl - Mayor ATTEST: Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA NO. R069-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION APPROVING THE SPECIAL USE PERMIT FOR DENSITY ZONING REQUESTED BY CONTINENTAL DEVELOPMENT CORPORATION FOR PROPERTY DESCRIBED AS THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 32, RANGE 24 EXCEPT THE EAST 100 FEET THEREOF. WHEREAS, pursuant to published and mailed notice the Planning and Zoning Commission has conducted a public hearing and reviewed the request of Continental Development Corporation for density zoning; and WHEREAS, after such hearing and review the Planning and Zoning Commission failed to approve a motion approving the request on a 4-no, 3-yes vote which listed the following reasons for approval: 1) the proposed use will not be detrimental to the health, safety, and general welfare of the community; 2) it will not cause serious traffic congestion; 3) it will not seriously depreciate surrouding property values; and 4) it is in harmony with the general purpose and intent of the zoning ordinance and the Comprehensive Plan; and WHEREAS, the City Council is in agreement with the reasons given for approval; and WHEREAS, the City Council recognizes the primary reason for allowing density zoning on this property is because of its close proximity to the Urban Service Area and the hazardous waste site to the south. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit for density zoning as requested by Contingental Development Corporation for property described as the North Half of the Northwest Quarter of Section 26, Township 32, Range 24 except the East 100 feet thereof. BE IT FURTHER RESOLVED that the matter regarding the open space be referred to the City Attorney to develop an agreement whereby the City will acquire the open space until such time as the municipal utilities become available to the property. MOTION seconded by Councilman Lachinski and adopted by the City Council at a Regular Meeting this ~ day of June , 1986. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor P. Johnson - City Clerk CITY OF ANDOVER CITY OF ANORA STATE OF MINNESOTA NO. R070-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION DENYING THE VARIANCE REQUESTED BY CONTINENTAL CORPORATION TO RETAIN THE OPEN SPACE IN PRIVATE OWNERSHIP IN THEIR DENSITY ZONING PROJECT FOR PROPERTY DESCRIBED AS THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 32, RANGE 24 EXCEPT THE EAST 100 FEET THEREOF. WHEREAS, the Planning and Zoning Commission has reviewed the variance request of Continental Corporation to retain the open space in their density zoning project in private ownership; and WHEREAS, as a result of such review the Planning and Zoning Commission failed to approve a motion approving such variance; and WHEREAS, the City Council finds that a hardship of the land has not been established to allow such a variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby deny the variance request of Continental Corporation to retain the open space in private ownership in their density zoning project for property described as the North Half of the Northwest Quarter of Section 26, Township 32, Range 24 except the East 100 feet thereof. MOTION seconded by Councilman Lachinski and adopted by the City Council by a 4-Yes, I-Absent (Elling) vote this 3rd day of June , 1986. CITY OF ANDOVER ~/¿U' &7 ¿¿¿7 J ry Wi schitl - Mayor ATTEST: Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R071-86 MOTION by Councilman Knight to adopt the following: A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT TO CHANGE OUTLOTS A AND B IN WOODLAND TERRACE FROM MULTIPLE TO SINGLE FAMILY RESIDENTIAL AS REQUESTED BY LAWRENCE B. CARLSON. WHEREAS, pursuant to published and mailed notice the Planning and Zoning Commission has conducted a public hearing and reviewed the request of Lawrence B. Carlson to change from multiple to single family residential development on Outlots A and B of Woodland Terrace; and WHEREAS, after such hearing and review the Planning and Zoning Commission has recommended approval of the request, with reasons for such recommendation as 1) the proposed will not be detrimental to the health, safety or general welfare of the community; 2) it will not cause serious traffic congestion; 3) it will not depreciate surrounding property values; and 4) it is in conformance with the Comprehensive Plan; and WHEREAS, the City Council is in agreement with the reasons given for approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Amended Special Use Permit to change Outlots A and B in Woodland Terrace from multiple to single family residential as requested by Lawrence B. Carlson. BE IT FURTHER RESOLVED that this does not alter any of the other conditions in the PUD other than the two outlots. MOTION seconded by Councilman Orttel and adopted by the City Councl at a Regular Meeting this ~ day of June , 1986, on a 3-Yes (Knight, Orttel, Windschitl), 2-Absent (Elling, Lachinski) vote. CITY OF ANDOVER ~ L:- ¿7://ff Je W dschitl - Mayor ATTEST: Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R072-86 MOTION by Councilman Knight to adopt the following: A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAND TERRACE 2ND ADDITION DESCRIBED AS OUTLOT A, WOODLAND TERRACE LOCATED IN SECTION 32-24-32 AS BEING DEVELOPED BY LAWRENCE B. CARLSON. WHEREAS, pursuant to published notice thereof, the Planning and Zoning Commission has conducted a public hearing on the Preliminary Plat of Woodland Terrace 2nd Addition; and WHEREAS, as a result of such hearing and review, the Planning and Zonign Commission is recommending approval of such plat, citing as reasons for such recommendation as being l) the plat is in conformance with the Comprehensive Plan; 2) it has been reviewed by the City Engineer; 3) the plat has been reviewed by the Anoka County Highway Department; 4) Ordinance lOH, Section 9.06 (a)(l) allows the area to be developed to ll,400 square foot lots; and WHEREAS, the Planning and Zoning Commission has recommended approval with the following conditions: l) Lots lO, l, 3, 4 and 5 shall front on Marigold Street; 2) Lots 2 and 6 will front on Narcissus Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Woodland Terrace 2nd Addition noting the following: l. A variance will be granted for lot frontage on Lot l, Block 1 (75' rather than 80'). 2. Lots 3, 4, and 5 will require variances for double frontage. 3. The setback will be measured at 40 feet rather than 35 feet. 4. The frontage for Lot 2 will be on Narcissus Street which is not the short side of the lot. MOTION seconded by Councilman Orttel and adopted by the Ci ty Council at a Regular Meeting this 3rd day of June , 1986, with Councilmen Knight, Orttel, Windschitl (Elling, Lachinski - Absent) voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ fu. '£? ~ J. ry indschitl - Mayor Larry P. Johnson-City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 073-86 MOTION by Councilman Knight to adopt the following: A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAND TERRACE 3RD ADDITION DESCRIBED AS OUTLOT B, WOODLAND TERRACE LOCATED IN SECTION 32-24-32 AS BEING DEVELOPED BY LAWRENCE B. CARLSON. WHEREAS, pursuant to published notice thereof, the Planning and Zoning Commission has conducted a public hearing on the Preliminary Plat of Woodland Terrace 3rd Addition; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission is recommending approval of such plat, citing as reasons for such recommendation as being 1) the plat is in con- formance with the Comprehensive Plan; 2 ) The City Engineer has reviewed the plat; 3 ) The plat meets the ordinances with the follow- ing variances: a) Lot l, Block 1 for lot depth (l05' rather than 130 feet) ; b) the setback line will be measured at 40 feet rather than 35 feet, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Woodland Terrace 3rd Addition. MOTION seconded by Councilman Orttel and adopted by the City Council at a Regular Meeting this 3rd day of June , 1986, with Councilmen Knight, Orttel, Windschitl (Elling, Lachinski - Absent) voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ ?t,' ~;;¿/ Je y ndschitl, Mayor Larry P. Johnson - City Clerk RÓì'-\-<.(,L:, , EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER COUNTY OF ANOKA. MINNESOTA Pursuant to due call and notice thereof. a special meeting of the City Council of the City of Andover. Minnesota. was duly held in the City Hall in the City of Andover. on Tuesday. June 3, 1986. commencing at 7:30 o'clock p.m.. C.T. The following members of the Council were present: Knight, Orttel, Windschitl and the following were absent: Elling; Lachinski *** *** *** The Mayor announced that the meeting was convened tor the consider- ation of the bids which had been received tor the purchase of the City's $1,795.000 General Obligation Improvement Bonds, Series 1986A, as adver- tised for aale. The City Clerk-Treasurer presented affidavits ahowing , publication of notice of sale in the City's official newspaper and in Commercial West, a financial paper published in Minneapol1s, Minnesota, which affidavits were examined. found satisfactory· and ordered placed on tHe. The City Clerk-Treasurer presented a tabulation of the bids which had been received in the manner specified in the Official Notice of Sale of tbe Bonds. The bids were 8S tollows: ~. After due consideration of the bids. Councilmember Orttel in- troduced the following resolution and moved its adoption: RESOLUTION NO. 86 -074 RESOLUTION AWARDING THE SALE OF $1.795,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986A; FIXING THEIR FORM A1~ SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; A~~ PROVIDING FOR THEIR PAYMENT. !IE IT RESOLVED By the City Council of the City of Andover, Minnesota, (City) as follows: Section 1. Sale of Bonds. 1.01. The bid of (Purchaser) to purchase $1,795,000 General Obligstion Improvement Bonds, Series 1986A (Bonds) of the City described in the Official Notice of Sale thereof is hereby found and determined to be the highest and best bid received pur- suant to duly advertised notice of sale and shall be and is hereby accept- ed, the bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as fol- lows: Year of Interest Year of Interest Maturity Rate Maturity Rate 1987 1994 1988 % 1995 % 1989 1996 1990 1997 1991 1998 . 1992 1999 1993 2000 2001 Net Effective Interest Rate: Reoffering yield: The Clerk-Treasurer is directed to retain the good faith check of the Purchaser pending completion of the sale and delivery of the Bonds, and to return the checks of the unsuccessful bidders forthwith. The sum of $ being the amount offered by the Purchaser in excess of $1,764,000 shall be credited to the Debt Service Fund created by Section 3. The sum of $65,054 representing capitalized interest shall be credited to the Debt Service Fund created by Section 4. , 1.02. The City shall forthwith issue and sell the Bonds in the total principal amount of $1,765,000, originally dated as of July I, 1986, the Bonds being in fully regiatered form and issued in the denomination of $5,000 or any integral multiple thereof, numbered no. R-I upward, bearing intereat as above set forth, and which Bonds mature serially on August 1 in the years and amounts as follows: YEAR AMOUNT YEAR AMOUNT 1987 $ 75,000 1994 $125,000 1988 75,000 1995 125,000 1989 100,000 1996 125,000 1990 100,000 1997 150,000 1991 125,000 1998 150,000 1992 125,000 1999 145,000 1993 125,000 2000 125,000 2001 125,000 Section 2. Form: Registration. 2.01. Registered Form. The Bonds shall be issuable only in fully registered form.. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to vhich interest on the Bond haa been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest hss been paid or made availsble for payment, in which case such Bond shall be dated as of the date of authentication, or (11) the date of authentication is prior to February I, 1987, in which csse such Bond shall be dated as of July I, 1986. The interest on the Bonds ahall be payable on February 1 and August 1 in each year, commencing February I, 1987, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month~ whether or not auch day is a business day. 2.03. Registration. The City "hall appoint, and ahall maintain, a , bond registrar, transfer agent, authenticsting agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corpo- rate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, trans- ferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any 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 shall ~ 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) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall 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. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrsr and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is pre- sented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is aatisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be 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 all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof suffi- cient to reimburse the Registrar for any tax, fee or other govern- mental charge required to be paid with respect to such transfer or ' exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reason- able 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 such 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 aatisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been cslled for redemption in accordance with its terms it shall not be 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 regis- tration books kept by the Registrar and by publishing said notice in the manner required by law. Failure to give such notice by publica- tion or by mail to any registered owner, or any defect therein, will not affect the vslidity of any proceeding for the redemption of Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemp- tion are on deposit with the place of payment at that time. 2.04. Appointment of Initial Registrar. The City hereby appoints , Minnesota, as the initial Registrar. The Mayor and the Clerk-Treasurer are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consoli- dation of the Registrar with another corporation, if the resulting corpora- tion is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the aervices 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 shall deliver all cash and Bonds in its possession to the auccessor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Clerk-Treasurer ahall transmit to the Registrar moneys sufficient for the payment of all principal and i~terest then due. 2.05. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the Clerk-Treasurer and shall be executed , on behalf of the City by the signatures of the Mayor and the Clerk-Treasurer, provided that all aignatures may be printed, engraved or lithographed facsimiles of the originals. In csse any officer whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwith- standing such execution, no Bond shall 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 such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentica- tion on each Bond shall be conclusive evidence that it has been authenti- cated and delivered under this Resolution. When the Bonds have been so ~ - prepared, executed and authenticated, the Clerk-Treasurer shall deliver the same to the Purchaser thereof upon payment of the purchaae price in accor- dance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.06. Form of Bonds. The Bonds shall be printed in substa~tially the following form: [Face of the Bond] UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 1986A Date of Rate Maturity Original IS8ue CUSIP June I, 1986 No. R- . The City of Andover, a duly organized and existing aunicipal corporation in Anolta County, Minnesota (City) , acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns the principal aum of . on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, com- . mencing February I, 1987, to the person in whose name this Bond is regis- tered at the close of business on the 15th day (whether or not a buainess - day) of the iØlD1ediately 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 , as Bond Registrar, Transfer Agent, Authenticating Agent and Paying Agent, or its designated aUccessor 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 lIay elect on August I, 1996, and any interest payment date thereafter, to prepay in whole or in part in inverse order of maturity, ~ bonds due on or sfter August 1, 1997 at a price of par plus accrued inter- est. lf prepayment is in part the specific bonds to be prepaid will be selected by lot by the Registrar. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect ss though fully set forth in this place. This Bond shall 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 shall have 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 aignatures of the Mayor and City Clerk-Treasurer and has caused this Bond to be dated as of the date set forth below. ·Dated: CITY OF ANDOVER, MINNESOTA (facsimile) (facsimile) City Clerk-Treasurer Kayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregste principal amount of U,795,OOO, all of like original date and tenor. except as to number, maturity date, interest rate, and provision for redemption issued pursuant to a resolution adopted by the City Council on June 3, 1986 (the Resolu- tion), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full confonnity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429 and is payable primarily from special assessments against property specially benefited thereby, but constitutes a general obligation of the City and, to provide moneys for the /' prompt and full payment of said principal and interest aa the same become due, the full faith and credit of the City is hereby irrevocably pledged, and the City Council will levy ad valorem taxes, if required for such purpose, which taxes may be levied on all of the taxable property in the City 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 sny integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's attorney duly authori2ed 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 psid 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 shall 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, snd that the issuance of this Bond does not csuse the indebtedness of the City to exceed sny 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-Treasurer ~. The following abbreviations, when used in the inscription of the face of this Bond, shall be construed 8S 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 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 aasignment must correspond with the name as it appears upon the face of the within Bond in every particular. wi th- out 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 unleas 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) y. Please insert social security or other identifying number of assignee 2.07. The Clerk-Treasurer shall obtain a copy of the proposed approv- ing legal opinion of LeFev~re, Lefler, Kennedy, O'Brien & Drawz, a Profes- sional Association, Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the Clerk-Treasurer in substantially the form set forth in the form of Bond. The Clerk-Tressurer is hereby authorized and directed to execute auch certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. Section 3. Security: Payment. 3.01. The Bonds shsll be psysble from the Improvement Bonds, Series 1986A Fund (Debt Service Fund) hereby created, and the proceeds of any genersl taxes hereinafter levied taxes and special assessments (Assess- ments) to be levied for the improvements (Improvements' financed by the Bonds sre hereby pledged to the Debt Service Fund. If any payment of principal or interest on the Bonds shsll become due when there is not sufficient money in the Debt Service Fund to pay the same. the Clerk-Treasurer shall pay such principal or interest from the general fund of the City and such fund lIIay be reimbursed for such advances out of proceeds of Assessments and Taxes for the Improvements when collected. 3.02. It is hereby determined that the City will levy Assessments for the Improvements in the principal amount of at least 20% of the cost of the Improvements. To pay the City's share of the cost of the improvements, there is hereby levied a direct annual irrepealable ad valorem tax levy against all taxable properties in the City, which tax levy ahall be in the years and amounts as follows (year stated being year of levy for collection the following year): . YEAR AMOUNT YEAR AMOUNT 3.03. It is hereby determined that the esti1D8ted collections of Assessments for the payment of the Bonds and the foregoing Taxes will produce at least five percent in excess of the amount needed to meet, when due, the principal and interest psyments on the Bonds. The City Clerk-Treasurer is directed to file s certified copy of this resolution with the Auditor of Anoka County, and obtain the certificate required by Minnesota Statutes, Section 475.63. 3.04. It is hereby 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) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 1987 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council shall 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 Improvements financed wholly or partly from the proceeds of the Bonds, and for the final and valid levy of the Assessments and the appro- priation of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated defi- ciency in the Assessments and Taxes, the City Council will levy ad valorem taxes in the amount of said current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing all receipts and disbursements in connection with the Improvements, the Taxes and Assessments levied therefor and other funds appropriated for their payment, and all collections thereof and disbursements therefrom, aoneys on hand and 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. . 3.05. Subject to the provisions of Section 4.03, the balance of the Net Proceeds (gross proceeds of $ less $ costs of issuance, to-wit , $ ) of th< Bond s after paymen~ the Debt Service Fund required by Section 1.01 and payment of costs. of issuance of the Bonds shall be paid into a special 1986A Construction Account hereby created in the Construction Fund for the Improvements. Expen- ditures from the 1986A Construction Account shall be made only for capital costs of the Improvements financed by the Bonds. Records of expenditures from the 1986A Construction Account shall be kept of such nature as are adequate to enable the Treasurer to determine the following: (a) the date on which 5% of the Net Proceeds of the Bonds will have been expended; (b) the date on which construction of the Improvements commenced; (c) the amount of Net Proceeds to be used for the acquisi- tion of tangible real and personal property in connection with the Improvements and date of expenditure therefor; (d) the date on which the construction of the Improvements will be 90% completed; and (e) the date on which an amount of money equal to the Net Proceeds of the Bond s , from whatever source derived, shall have been expended for the acquisition and construction of the Im- provements. The Clerk-Treasurer shall at the request of any Bondholder or of bond counsel approving the issuance of the Bonds, furnish certificates regarding the status of the monies in the 1986A Construction Account. Sums on the 1986A Construction Account may be invested as permitted by law and will be invested in accordance with and subject to the con- ditions expressed in Section 4.03. Section 4. Authentication of Transcript: Special Tax Covenants. 4.01. The officers of the City are hereby authorized and directed to prepare snd furnish to the Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of the City relsting 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 market- ability of the Bonds and such instruments, including any heretofore fur- niahed, shall be deemed representations of the City as to the facts stated therein. 4.02. The Kayor and Clerk-Treasurer are hereby authorized and direct- ed to certify that they have examined the Official Statement dated Kay IS, 1986, and supplements thereto, 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, as of the date thereof, a complete and accurate representation of the facts and representations made therein as it relates to the City. 4.03. The City hereby estimates that at least 5% of the Net Proceeds of the Bonds will be expended for costs of the Improvements within 30 days after delivery of the Bonds. 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 1954, as amended (the Code), and the Treasury Regulations promulgated thereunder, and that it will comply with all provisions of H.R. 3838 in the form in which it was adopted by the United States House of Representatives on December 17, 1985, to maintain the tax-exempt status of interest on the Bonds. The Bonds are hereby designat- ed by the City as "qualified tax-exempt obligations" as a part of its $10,000,000 limitation of such obligations within the meaning of and for the purpose of Section 802(e)(B) of H.R. 3838. In the event H.R. 3838 is not finally adopted in the form referred to above, or in any form, or the effective date of provisions of H.R. 3838 affecting the Bonds are delayed beyond the date of delivery of the Bonds, the covenants in tMs Section 4.03 and in Section 3.05 will be of no further force or effect. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Kniqht and upon vote being taken thereon, the following voted in favor thereof: Orttel, Windschitl, Knight and the following voted against: Elling (Absent) ; Lachinski (Absent) 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-Treasurer of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Tuesday, June 3, 1986, with the original thereof on file in ~ office and I further certify that the SBIDe is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of the City's $1,795,000 General Obliga- tion Improvement Bonds, Series 1986A. WITNESS My hand as Clerk-Treasurer and the corporate seal of the City this 2t!-7R" day of 4u~ , 1986. a"~k-f.~~:r City of Andover, Minnesota (SEAL) . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R075-,86 MOTION by Councilman Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AWARDING BID AS A CONTRACT CHANGE ORDER TO PROJECT 86-l, FOR PROJECT NO. 86-8, FOR WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER. WHEREAS, pursuant to Resolution No. R050-86 adopted by the City Council on the 6th day of May----~ 1986, TKDA has prepared final plans and specifications for watermain, sanitary sewer, storm drain and streets with concrete curb and gutter; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3rd day of June, 1986. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications for project No. 86-8 for watermain, sanitary sewer, storm drain and streets with concrete curb and gutter. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby award bid as contract change order to Project 86-l. MOTION seconded by Councilman Orttel and adopted by the City Council at a Regular Meeting this 3rd day of June , 1986, with Councilmen Lachinski, Windschitl, Knight, Orttel voting in favor of the resolution and Councilmen Elling (absent) voting against, where- upon said resolution was declared. CITY OF ANDOVER ~. ,./ ATTEST: .- ¿.~ Je ry indschitl - Mayor Larry P. Johnson - City Council CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R076-86 MOTION by Councilman Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 86-9, WOODLAND TERRACE 4TH ADDITION, LILY STREET, ROUND LAKE BOULEVARD, l33RD LANE, l34TH AVENUE FOR WATERMAIN, SANITARY SEWER, STORM DRAIN, STREETS WITH CONCRETE CURB AND GUTTER. WHEREAS, pursuant to Resolution No. 065-86 adopted by the City Council on the 3rd day of June , 1986, TKDA has prepared final plans and specifications for watermain, sanitary sewer, storm drain, streets with concrete curb and gutter for Woodland Terrace 4th Addition, Lily Street, Round Lake Boulevard, l33rd Lane, l34th Avenue; and WHEREAS, such final plans and specifications were presented to the City council for their review on the 3rd day of June, 1986. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications for Project 86-9 for watermain, sanitary sewer, storm drain and streets with concrete curb and gutter. 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. , June 27, 1986 at the Andover City Hall. MOTION seconded by Councilman Orttel and adopted by the City Council at a Regular Meeting this 3rd day of June , 1986, with Councilmen Knight, Orttel, Winds chit 1 (Elling, Lachinski - Absent) voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~. tv;. æ u£/ ATTEST: Je ~dsChitl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R077-86 MOTION by Councilman Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 86-l0, HIDDEN CREEK 3RD ADDITION FOR WATERMAIN, SANITARY SEWER, STORM DRAIN, STREETS WITH CONCRETE CURB AND GUTTER. WHEREAS, pursuant to Resolution No. R048-86 adopted by the City Council on the 6th day of May , 1986, TKDA has prepared final plans and specifications for watermãin, sanitary sewer, storm drain and streets with concrete curb and gutter for Hidden Creek 3rd Addition; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3rd day of June, 1986. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications for Project 86-l0 for watermain, sanitary sewer, storm drain and streets with concrete curb and gutter. 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 lº-~.m. , ,Tl1n~ 77. , 9R6 at the Andover City Hall. MOTION seconded by Councilman Orttel and adopted by the City Council at a Regular Meeting this 3rd day of June , 1986, with Councilmen Knight, Orttel, Windschitl (Elling, Lachinski - Absent) voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ {¡/. p> ~~ Je y W dschitl - Mayor Larry P. Johnson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. R078-86 RESOLUTION APPROVING THE NORTH METRO TASK FORCE BRIDGE LOCATION STUDY. WHEREAS, the City of Andover is cognizant of the need for a Mississippi River crossing; and WHEREAS, the City Council has reviewed the location study. NOW, THEREFORE, BE IT RESOLVED that the Andover City Council supports the Resolution of the North Metro Task Force. Adopted this 10th day of June, 1986, CITY OF ANDOVER ~~ tv" ¿7",~¿d/ rry W dschitl - Mayor ATTEST: James E. Schrantz - City Clerk STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANIJOVt;!{ RESOLUTION NOP78-860ENYING THE REQUEST TO TRANSFER OWNERSHIP AND CONTROL OF GROUP W CABLE OF THE QUAD CITIES, INC. AND TRANSFER OF THE CABLE COMMUNICATIONS FRANCHISE ORDINANCE TO NORTH CENTRAL CABLE COMMUNICATIONS, L.P. WHEREAS, Group W Cable, Inc. , a New York Corporation, by and through Group W Cable of the Quad Cities, Ine. , a wholly-owned subsidiary, (hereinafter collectively "Group W Cable") owns, operates and maintains a cable television system in the City pursuant to the terms and conditions of City Ordinance No. -22 (hereinafter "Cable Communications Franchise Ordinance" ) ; and WHEREAS, Group W Cable has requested the consent from the City to a transfer of ownership and control of Group W Cable and transfer of the Cable Communications Franchise Ordinance as amended to North Central Cable Communications, L.P. , (hereinafter "North Central"); and WHEREAS, the Quad Cities Cable Communications Commission (hereinafter "Commission II) has been delegated the authority and responsibility to coordinate, administer and enforce the Cable Communications Franchise Ordinance on behalf of City pursuant to the terms of a Joint and Cooperative Agreement for the Administration of a Cable Television Franchise; and IVHEREAS, the Commission has held a public hearing on behalf of City and has reviewed the legal, technical, and financial qualifications of North Central; and WHEREAS, the Commission has recommended to City denial of the transfer of ownership and control of Group W Cable and transfer of the Cable Communications Franchise Ordinance to North Central. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover : l. Based upon the Findings of Fact and Conclusions of the Quad Cities Cable Communications Commission (attached hereto and made a part hereof) the City denies the request to approve the transfer of ownership and control of Group W Cable of the Quad Cities, Inc. and transfer of the Cable Communications Franchise Ordinance to North Central Cable Communications, L.P. The above listed resolution was moved by Council Member Orttel , and duly seconded by Council Member Knight The following Council Members voted in the affirmative: Windschitl, Knight, Orttel The following Council Members voted in the negative: Lachinski (absent); Elling (absent) Passed and adopted this 3rd day of June , 1986. ~~æ# ity Administrator or City Official - 2 - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R079-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION APPROVING A VARIANCE FOR THE CONSTRUCTION OF AN INDENTIFICATION SIGN IN EXCESS OF THE REQUIREMENTS FOR THE ANOKA ASSEMBLIES OF GOD CHURCH PROPERTY DESCRIBED AS PIN 32 32 24 41 0002. WHEREAS, the Planning and Zoning Commission has reviewed the variance request of the Anoka Assemblies of God Church to construct an identification sign that will be l2 feet in height and 32 square feet in size; and WHEREAS, as a result of such review, the Planning and Zoning Commission has recommended approval of the request; and WHEREAS, the City Council acknowledges that because the sign will be set back a distance from Bunker Lake Boulevard because of the service road, a hardship is created. NOW, THEREFORE, BE IT RESOLVED by the City Council to hereby approve the variance request of the Anoka Assemblies of God Church to construct a 32 square foot, l2 foot high sign on the property described as PIN 32 32 24 4l 0002. MOTION seconded by Councilman Knight and adopted by the City Council at a Regular Meeting this l7th day of June , 1986, with Councilmen Windschitl, Lachinski, Orttel, Knight, Elling voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~,,~ ?/ 'R' ~ J ry W· dschitl - Mayor y Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R080-86 MOTION by Councilman Knight to adopt the following: A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAND TERRACE 5TH ADDITION BEING DEVELOPED BY LAWRENCE B. CARLSON IN SECTION 32-32-24. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on the Preliminary Plat of Woodland Terrace 5th addition; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission is recommending approval of such plat, citing as reasons for such recommendation as being 1) the plat is in conformance with the Comprehensive Plan; 2 ) the plat meets the ordinances of the City. WHEREAS, the City Council acknowledges that a recommendation has been received from the Park Board to accept cash in lieu of land; and WHEREAS, the City Council further acknowledges that the plat has been reviewed by the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Woodland Terrace 5th Addition, noting the following: l. A variance will be granted for a 40 foot setback at the property line rather than the required 35 feet. MOTION seconded by Councilman Elling and adopted by the City Council at a Regular meeting this l7th day of June , 1986, with Councilmen Windschitl, Lachinski, Orttel, Elling, Knight voting in favor of the resolution and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~. /.1 ./~Z/ Je y 'ndschitl - Mayor , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 08l-86 MOTION by Councilman Kniqht to adopt the following: A RESOLUTION APPROVING A VARIANCE REQUESTED BY GERALD LAZARZ TO WAIVE THE PLATTING REQUIREMENTS FOR THE PROPERTIES DESCRIBED AS PIN l7 32 24 34 0002 and PIN l7 32 24 34 0003. WHEREAS, the Planning and Zoning Commission ahs reviewed the variance request of Gerald Lazarz to move a property line on PIN l7 32 24 34 0003 two-hundred feet to the west; and WHEREAS, as a result of such review the Planning and Zoning Commission has recommended approval of the request; and WHEREAS, the City Council acknowledges that PIN 17 32 24 34 0003 will be 300 feet in width and 660 feet in depth and PIN l7 32 24 34 0002 will be 398 feet in width and 660 feet in depth, which meets the requirements of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council to hereby approve a variance requested by Gerald Lazarz to waive the platting requirements of the City of Andover for the properties described as PIN l7 32 24 34 0003 and PIN l7 32 24 34 0002. MOTION seconded by Councilman Elling and adopted by the City council at a Regular Meeting this l7th day of June , 1986, with Councilmen Lachinski, Orttel, Windschitl, Knight, Elling voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: k (A/' ~ ¿:¡;' J ry 'ndschitl - Mayor Clerk .I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R082-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT OF STREETS, PROJECT NO. 86-7 IN THE l64TH LANE AREA. WHEREAS, pursuant to Resolution No. , adopted the day of , 1986, a feasibility report has been prepared by Bonestroo Engineering for the improvement of streets, Project No. 86-7 in the l64th Lane area; WHEREAS, such report was received by the City Council on the 17th day of June, 1986; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Andover that: l. The City Council hereby accepts the feasibility report for Project No. 86-7, for the improvement of streets in the l64th Lane area as prepared by Bonestroo Engineering. 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 cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 3. A public hearing shall be held on such proposed improvement on the 17th day of ,Tnl , 1986, in the Council Chambers of the City Hall a~ 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 Knight and adopted by the City Council at a Regular Meeting by unanimous vote. CITY OF ANDOVER ATTEST: ~.~ ___{A/' . ç?~ J ry Ùindschitl - Mayor J Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 083-86 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 STREETS, PROJECT NO. 86-l2, IN THE NIGHTINGALE ESTATES 3RD ADDITION AREA. WHEREAS, the City Council has received a petition, dated June 6, 1986, requesting the construction of improvements, specifically streets in the following described area: Nightingale Estates 3rd Addition; 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 for project No. 86-12. 2. The escrow amount for the feasibility report is $1,000. 3 . The proposed improvement is hereby referred to B.R.A. and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman Lachinski and adopted by the City Council at a Regular Meeting this 17th day of June , 1986, 'vi th Councilmen Elling, Knight. Orttel. Lachinski. Windschitl voting in favor of the resolution and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ç¡Þ /' tv:.'. ¿? ./JY../ J ry~Windschitl - Mayor t , [ Schrantz CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R084-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENT OF STREETS, PROJECT NO. 86-l2 IN THE l54TH LANE AREA WEST OF NIGHTINGALE STREET AND NIGHTINGALE ESTATES 3RD ADDITION. WHEREAS, pursuant to Resolution No. R083 & R043, adopted the 6th & l7th day of May & June, 1986, a feasibility report has been prepared by B.R.A. for the improvement of streets, Project No. 86-l2 in the l54th Lane area west of Nightingale Street and Nightingale Estates 3rd Addition area; and WHEREAS, such report was received by the City Council on the 17th day of June, 1986; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ l08,00O 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. 86-l2, for the improvement of streets in the l54th Lane area west of Nightingale Street and Nightingale Estates 3rd Addition area as prepared by B.R.A. 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 cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $l08,00O. 3 . A public hearing shall be held on such proposed improvement on the l7th day of July , 19 86 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 Ellinq and adopted by the City Council at a Rp-qnlnr Meeting this 17th day of Jyng , 1986, with Councilmen Windschitl. Lachi n~ki g Oyrf-P'r Knil}nt-. RlliniJ voting in favor of the resolution and Councilmen nnTIP voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~.-o.~/ tv . ¿:? /~ Lç'~ J ry ndschitl - Mayor rf'nes E. Schrantz C· Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R085-86 MOTION by Councilman Kniqht to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF WOODLAND TERRACE 2ND ADDITION AS BEING DEVELOPED BY LAWRENCE B. CARLSON IN SECTION 32. WHEREAS, the City Council approved the Preliminary Plat of Woodland Terrace; and WHEREAS, the developer has presented the Final Plat of Woodland Terrace 2nd Addition; and WHEREAS, the City Engineer has reviewed such plat for conformance with the Preliminary Plat; and WHEREAS, the City Attorney has presented a favorable Title Opinion on the property being platted; and WHEREAS, the developer has deposited security sufficient to cover legal, engineering, consultant and street sign costs; and WHEREAS, the developer has entered into a Development Contract with the City of Andover for the installation of utilities and streets and has paid the required escrow of $9,000; and WHEREAS, the developer has paid to the City a deposit to cover all plat fees; and WHEREAS, the park dedication for all of Woodland Terrace was part of Phase I. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Woodland Terrace 2nd Addition as developed by Lawrence B. Carlson, noting the following: l. A variance will be granted for Lot l, Blockl, which has 8l feet of frontage rather than the required 90 feet. 2. A variance will be granted for Lots 3, 4 and 5 for double frontage. 3. The setback line will be measured at 40' rather than 35'. 4. Lot 2 will front on Narcissus Street, which is not the short side of the lot. 5 . Lot depth on Lots l, 2 and 6 require variances. 6 . Lots l, 3, 4, 5 and lO will front on Marigold Street and Lots 2 and 6 will front on Narcissus Street. MOTION seconded by Councilman Elling and adopted by the City Council at a regular meeting this l7tWay of June , 1986, by unanimous vote. CITY OF ANDOVER ATTEST: ~ k' ¿;7 .&d/ J rry indschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R086-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF WOODLAND TERRACE 3RD ADDITION AS BEING DEVELOPED BY LAWRENCE B. CARLSON IN SECTION 32. WHEREAS, the City Council approved the preliminary Plat of Woodland Terrace; and WHEREAS, the developer has presented the Final Plat of Woodland Terrace 3rd Addition; and WHEREAS, the City Engineer has reviewed such plat for conformance with the Preliminary Plat; and WHEREAS, the City Attorney has presented a favorable Title Opinion on the property being platted; and WHEREAS, the developer has deposited security sufficient to cover legal, engineering, consultant, and street sign costs; and WHEREAS, the developer has entered into a Development Contract with the City of Andover for the installation of utilities and streets and has paid the required escrow of $9,000; and WHEREAS, the developer has paid to the City a deposit to cover all plat fees; and WHEREAS, the park dedication for all of Woodland Terrace was part of Phase I. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Woodland Terrace 3rd Addition as developed by Lawrence B. Carlson, noting the following: l. A variance will be granted for lot depth on Lot l, Block 1 2 . A variance will be granted for the setback line, which will be measured at 40 feet rather than 35 feet. MOTION seconded by Councilman Or1-t",1 and adopted by the City Council at a Rp-çnlnr Meeting this 17th day of .Tnnp.: , 1986 by unanimous vote. CITY OF ANDOVER ATTEST: ~..._- ,/ /t/!' ¿? /--J-/ J rry Wlndschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R.087-86 A RESOLUTION OPPOSING THE COMMERCIAL TUBING OPERATION OCCURRING AT THE RUM RIVER COUNTY REGIONAL PARK. WHEREAS, tubing in the Rum River is presenting a pollution problem from beer and pop cans plus other litter; and WHEREAS, the tubers are tresspassing on private property to picnic and associated activities that require restroom facilities; and WHEREAS, the proposed facility will increase the already questionable use; and WHEREAS, a promoted tubing activity will increase these violations; and WHEREAS, a commercial operation is being operated in the Scenic River zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City is opposed to the granting of the Conditional Use Permit to allow construction of a commercial operation in the Rum River Scenic River zone. BE IT FURTHER RESOLVED by the City Council of the City of Andover that they believe the Scenic River Ordinance was adopted to protect the natural amenities of the river. Adopted by the City Council of the City of Andover this 17th day of _ June , 1986. CITY OF ANDOVER ATTEST: ~- _ L/' ¿ ~~~ Je ry Wti1dschi t I - Mayor {~ Schrantz CrfY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R088-86 MOTION by Councilman Ellin~ to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO AMERICAN CONTRACTING FOR PROJECT NO. 85-5 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM DRAIN, AND STREETS WITH CONCRETE CURB AND GUTTER IN THE WOODLAND TERRACE AREA. WHEREAS, pursuant to a written contract signed with the City of Andover on M~y ~l , 19~, American Contracting of Coon Rapids, Minnesota has satisfactorily completed the following improvement of sanitary sewer, watermain, storm drain and streets with concrete curb and gutter construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andoiver, 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 Regular Meeting this l7th day of June , 1986, with Councilmen Windschitl, Lachinski, Knight, Orttel, Elling voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ /' ~"'" '¿7 ~:'T/ Je ~dsc itl - Mayor ,{ E. Schrantz Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO, ROBS-BS A RESOLUTION APPROVING A LOT SPLIT REQUESTED BY STEPHEN NEMETH FOR PROPERTY DESCRIBED AS PIN 33 32 24 43 0012. WHEREAS, the Planning and Zoning Commission has conducted a public hearing and reviewed the lot split request of Stephen Nemeth to subdivide PIN 33 32 24 43 0012 into two separate parcels; and WHEREAS, after such review, the Planning and Zoning Commission recommended approval of the request citing 1) it will not have an adverse affect on adjacent properties and 2) it is the most reasonable use of the land; and WHEREAS, the City Council is in agreement with those reasons given by the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the lot split request of Stephen Nemeth to subdivide the property described as PIN 33 32 24 43 0012 into two separate parcels, BE IT FURTHER RESOLVED by the City Council of the City of Andover that a variance be granted for the smaller of the two lots for lot frontage (75 feet) and lot area (10,125 square feet). BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby make such approval contingent upon the applicant paying to the City a park dedication fee of $200.00. Adopted by the Ci ty Counci 1 of the Ci ty of Andover thi s lot; day of 'uly , 1986. CITY OF ANDOVER ~~~ / t.~. ~_:...ø Jer y i '1SChi tl - Mayor ATTEST: [ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R090-86 A RESOLUTION APPROVING A LOT SPLIT REQUESTED BY STEPHEN NEMETH FOR PROPERTY DESCRIBED AS PIN 33 32 24 43 0020. WHEREAS, the Planning and Zoning Commission has conducted a public hearing and reviewed the lot split request of Stephen Nemeth to subdivide PIN 33 32 24 43 0020 into two separate parcels; and WHEREAS, after such review the Planning and Zoning Commission recommended approval of the request citing 1) it will not have an adverse affect on adjacent properties, and 2) it is the mos~ reasonable use of the land; and WHEREAS, the City Council is in agreement with those reasons given by the Planning and Zoning Commission, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the lot split request of Stephen Nemeth to subdivide the property described as PIN 33 32 24 43 0020 into two separate parcels. BE IT FURTHER RESOLVED by the City Council of the City of Andover that the existing garage on the property will be removed upon completion of building. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby make such approval contingent upon the applicant paying to the City a park dedication fee of $200.00. Adopted by the City Council of the City of Andover this 1st day of ,1o.Jy , 1986. CITY OF ANDOVER ~. ATTEST: ./' t-./ ~.~ Je y W ndschi tl - Mayor I 1{9tJ!J- ðt ¡\ 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 Council of the City of Andover, Minnesota, was duly held in the City Hall in the City ot Andover on Tuesday, July 1, 1986, commencing at 2.:..JJl. o'clock p.m. The following members were present: Knight, Orttel, Windschitl, Elling, Lachinski and the following were absent: None * * * * * * * * * The Mayor announced that the next item of business was the considera- tion of a proposal for the purchase of $180,000 General Obligation Refund- ing Improvement Bonds, Special Series of 1986 ot the City. The City Clerk-Treasurer presented an ofter of First National Bank of Anoka, Anoka, Minnesota, to purchase the Bonds which had been submitted to the City pursuant to Council direction. After due consideration of the proposal, Councilmember Lachj n~ki , introduced the following resolution and moved its adoption: ___,_r______ .__.~-- .---- ._-~. ..'_ _.'.___ .___~..___..____.___~~n___. _~..____~.__ .---- - ------~.------~.- ,------- RESOLUTION NO. R90A-86 RESOLUTION AWARDING THE SALE OF $180,000 GENERAL OBLIGATION REFUNDING IMPROVEMENT BONDS, SPECIAL SERIES OF 1986 FIXING THE FORM AND SPECIFICATIONS THEREOF; 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. Findings. r.0r. The City has heretofore issued and sold its $150,000 General Obligation Improvement Bonds of 1981 and $175,000 General Obliga- tion Improvement Bonds of 1981 (collectively, 1981 Bonds), which Bonds are callable on any interest payment date and of which $180,000 in combined principal amount is outstanding. r.02. Minnesota Statutes, Section 475.67 permits the refunding of city obligations and interest thereon before their due dates, if consis- tent with the covenants made with the holders of the obligations when determined by the city to be necessary for the reduction of debt service cost to the city. r.03. It is determined that the 1981 Bonds be redeemed and prepaid on August 1, 1986 from the proceeds of $180,000 General Obligation Improvement Refunding Bonds, Special Series of 1986 (Refunding Bonds). r.04. The City is authorized by Minnesota Statutes, Section 475.601, Subd. 2(1) to negotiate the sale of the Refunding bonds, there having been no negotiated sale of the City's bonds within the past 90 days. Section 2. Sale of Bonds. 2.01. The offer of First National Bank of Anoka, Anoka, Minnesota (Purchaser), to purchase the Bonds is hereby found and determined to be a reasonable offer and shall be and is hereby accepted, such bid being to purchase the Refunding Bonds at a price of par plus accrued interest to date of delivery, for bonds bearing interest at the rate per annum set forth below. Year of Maturity Interest Rate 1987 6.25% 1988 6.50% - -._- -~-- -_.-~-._..__. ·-1-9&.9·-- -. _···__····_··_··6.~ --. - ----.~- ~_.~-,-_._.- --~. 1990 7.00% 1991 7.25% The Mayor and City Clerk-Treasurer are directed to enter into a purchase contract for the Refunding Bonds with the Purchaser. The Refunding Bonds may be prepaid in whole or in part by the City on any interest payment date at a price of the par amount to be redeemed plus accrued interest to the date of redemption. Prepayments shall be applied first to interest due and then to principal, but no prepayment shall relieve the City of the obligation to pay the remaining outstanding princi- pal amount of the Refunding Bonds. 2.02. The City shall forthwith issue and sell the Refunding Bonds in the principal amount of $180,000, dated as of date of delivery, the Refunding Bonds being in typewritten form, five in number, fully registered in the name of the Purchaser, in denominations of $36,000 each, bearing interest as above set forth, and which Refunding Bonds mature on August 1 in the years and amounts as follows: Year Amount 1987 $36,000 1988 36,000 1989 36,000 1990 36,000 1991 36,000 Section 3. Form: Execution. 3.01. Registered Form. The Refunding Bonds shall be issued in tully registered form. The interest thereon and, upon surrender of the Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 3.02. Dates; Interest Payment Dates. The interest on the Refunding Bond is payable to the registered owner thereof on August 1 and February 1, commencing on February I, 1987. 3.03. Registration. The City Clerk-Treasurer is appointed Bond Registrar. (a) Register. The Registrar shall keep at the City oftices a Bond register in which the Registrar shall provide for the registra- tion of ownership of the Bond. (b) Transfer of Bond. Upon surrender for transfer of the 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 . -- .__._~. '~'---- ~--author.;f.ged.· ~.b.y~ the .-r-egiste.r.ßd . <>WIler i.n--wr.itolng.,- ~ ~he~· Regis{;"a.----,*",.lcl. ~--- ~ - ~ note the name of the new registered owner in the Bond register and upon the registration certificate on the Bond. (c) Persons Deemed Owners. The City and the Registrar may treat the person in whose name the Bond is at any time registered in the Bond register as the absolute owner of such Bond, whether such Bond shall be 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 all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy the discharge the liability upon such Refunding Bond to the extent of the sum or sums so paid. 3.04. Execution, Authentication and Delivery. The Refunding Bonds shall be prepared under the direction of the Clerk-Treasurer and shall be executed on behalf of the Ci ty by the manual signatures of the Mayor and the Clerk-Treasurer. In case any officer whose signature or a facsimile of whose signature shall appear on the Bond shall cease to be such officer before the delivery of the Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. When the Bond has been so prepared, executed and authenticated, the Clerk-Treasurer shall deliver the same to the Purchaser thereof upon payment of the purchase price in accor- dance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 3.05. Form of Bond. The Refunding Bonds shall be printed in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER GENERAL OBLIGATION REFUNDING IMPROVEMENT BOND, SPECIAL SERIES 1986A No. R- $36,000 The City of Andover, 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 First National Bank of Anoka, Anoka, Minnesota, or registered assigns, the principal sum of THIRTY-SIX THOUSAND DOLLARS ($36,000) on August 1, 19 , with interest thereon from the date hereof at the annual rate of __% per annum, payable February 1 and August 1 in each year, commencing February 1, 1987, to the person in whose name this Bond is registered. The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in _ . ___ .. . ____...I¡¡wfJIJ.. IIlQ!;!gy__of the United. .states. of -America b,y -check-or·<iraf-t··a~ the office of the City Clerk-Treasurer in Andover, Minnesota, as Bond Regis- trar. 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. This Bond may be prepaid in whole or in part by the City on any interest payment date at a price of the par amount to be redeemed plus accrued interest to the date of redemption. Prepayments shall be applied first to interest due and then to principal, but no prepayment shall relieve the City of the obligation to pay the remaining outstanding princi- pal amount of this Bond. This Bond is one of an issue of Bonds in the total principal amount of $180,000 all of like date and tenor except as to interest rate, issued pursuant to a resolution adopted by the City Council on July 1, 1986 (the Resolution), for the purpose of refunding, in accordance with Minneso- ta Statutes, Section 475.67, interest on and outstanding principal of the City's General Obligation Improvement Bonds of 1981 and $I75,OOO General Obligation Improvement Bonds of 1981, and constitutes a general obligation of the City and. to provide moneys for the prompt and full payment of said principal and interest as the same become due, the full faith and credit of the City is hereby irrevocably pledged, and the City Council will levy ad valorem taxes, if required for such purpose, which taxes may be levied on all of the taxable property in the City without limitation as to rate or amount. 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 office of the City Clerk-Treasurer as 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 trans- fer satisfactory to the Bond Registrar, duly executed by the registered owner or the owner's attorney. 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 shall 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 indebted- ness of the City to exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council, has caused this Bond to be executed on its behalf by the facsimile signatures of the Mayor and City Clerk-Treasurer and has -_. -.--.- - - ----. caused .(",his Bond to be dated as of the date>-set forth below..--. >.-----. __... Dated: CITY OF ANDOVER, MINNESOTA City Clerk-Treasurer Mayor REGISTRATION CERTIFICATE (To be attached to Bond) The ownership of unpaid principal balance of and interest on the within Bonds is registered in the bond register of the Ci ty of Andover, Minnesota, in the name of the owner last noted below: Name of Signature of Date of Registration Registered Owner City Clerk-Treasurer First National Bank of Anoka, Anoka, Minnesota (Employee ID or Social Security No. ) Section 4. Security. 4.01. The Refunding Bonds shall be payable from the General Obligation Refunding Improvement Bonds, Special Series of 1986 Fund (Debt Service Fund) hereby created, and the proceeds of general taxes hereinafter levied are hereby pledged to the Debt Service Fund. If any payment of principal or interest on the Refunding Bonds shall become due when there is not sufficient money in the Debt Service Fund to pay the same, the Clerk- Treasurer shall pay such principal or interest from the general fund of the City and such fund may be reimbursed for such advances out of proceeds of general ad valorem taxes when collected. 4.02. It is determined that special assessments for 100% of the cost of the improvements financed by the 1981 Bonds and the Refunding Bonds .-. ~.. --have be&n---l..w:Led against benefit.te<ia1rutting pr-<>¡>eFt·ies-- and--t ha t·~·no tax .u._ levy is needed at this time. A certified copy of this resolution shall be delivered to the County Auditor of Anoka County in order to obtain the certificate pursuant to Minnesota Statutes, Section 475.63. 4.03. The respective Debt Service Funds for the 1981 Bonds are terminated on Augus t 1, 1986, and all balances therein are transferred on that date to the Debt Service Fund for the Refunding Bonds. 4.04. The 1981 Bonds are hereby called for redemption and prepayment in accordance with their terms on August 1, 1986. Section 5. Transcript: Miscellaneous. 5.01. The officers of the City are hereby authorized and direct- ed to prepare and furnish to the Purchaser and to the attorneys approving the Bond, certified copies of proceedings and records of the City relating to the Refunding 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 Bond and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. 5.02. It is hereby determined that no comprehensive official statement or prospectus has been prepared or circulated by the City in connection with the sale of the Refunding Bonds and that the Purchaser has made its own investigation concerning the City as set forth in its invest- ment letter of even date herewith, receipt_of which is hereby acknowledged. 5.03. The City hereby 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 Internal Revenue Code of 1954, as amended (the Code), and the Treasury Regulations promul- gated 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 actions 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 applic- able to the Bonds. The City designates the bonds as "qualified tax exempt oblitations" for the purposes of Section 802(e) of the proposed Tax Reform Act of 1986 (H.R. 3838) as part of its $10,000,000 limitation on such obligation. 5.04. The ac t ions of. the officers and employees of the City in contacting prospective purchasers for the Refunding Bond and negotiating the terms of the sale of the Bond are ratified and confirmed in all re- spects. The motion for the adoption of the foregoing resolution was duly -. "-,"- secon4ed·l>y- COtffiG.ilmember-Or-t.j;~lT-"nà upon 'Jote being taken the.reon, ~t-he.~-__. ..---- following voted in favor thereof: Windschitl, Orttel, Elling, Knight, Lachinski and the following voted against: 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- Treasurer of the City of Andover, Minnesota do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Tuesday, July 1, 1986, with the original thereof on file in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of $180,000 General Obligation Refunding Improvement Bonds, Special Series of 1986, of the City. WITNESS My hand as Clerk-Treasurer and the corporate seal of the City this 4th day of Auqust , 1986. )1/Vt11''; Clerk Treasurer of Andover, Minnesota ( (SEAL) .. ~~- -_. -- -._- -.. - ....._-,~ - '----....- -- -- -.. ---.. -----.-- -.~----,--~- --....- ----.---.---,-- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 091-86 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ESTABLISHMENT BY THE CITY OF ANDOVER OF A DEVELOPMENT DISTRICT AND A TAX INCREMENT FINANCING DISTRICT AND ON THE ADOPTION OF A DEVELOP- MENT PROGRAM AND A TAX INCREMENT FINANCING PLAN RELATING THERETO BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota (the "City"), as follows: JSUlCyi~~ 1. Public Hearin~. This Council shall meet on ,1986 at!:30 o'clock p.m., to hold a public hearing on the following matters: (a) the establishment by the City of Development District No. 1 and Tax Increment Financing District No.1, (b) the approval and adoption of a proposed Development Program for Development District No. 1 and (c) the approval and adoption of a proposed Tax Increment Financing Plan for Tax Increment District No.1, all pursuant to and in accordance with Minnesota Statutes, Sections 472A.Ol to 472A.13, inclusive, as amended and Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended. Section 2. Notice of Hearin~: Fi1in~ of Plans. The Clerk-Treasurer is authorized and directed to cause notice of the hearing, substantially in the form attached hereto as Exhibit A, to be given as required by law, and to place a copy of the proposed Development Program and the Tax Increment Financing Plan on file at the City Hall and to make such plans available for inspection by the public, commencing July 18., 1986. Section 3. Referral to Planni~ Commission. The Clerk-Treasurer is authorized and directed to transmit a copy of the Development Program to the Planning Commission of the City and to request the Planning Commission to consider and comment on whether the Development Program is in accordance with the comprehensive plan of the City. Adopted by the City Council of the City of Andover, Minnesota, on July 1, 1986. ~ f~Í¥' ~.'..,.." f Mayor ATTEST: r 0017F CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R092-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION CALLING FOR A PUBLIC HEARING ON IMPROVEMENTS OF STORM DKAINAGE, PROJECT NO. 86-21 IN THE COON RAPIDS/ANDOVER/JAY STREET AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically storm drainage in the following described area: Coon Rapids/Andover/Jay Street Area; and WHEREAS, a Feasibility Report has been ordered by the City of Coon Rapids to be prepared by Bennett Ringrose Wolsfeld, Project No. CR86-16, Andover 86-21; and WHEREAS, the City Council is in the process of negotiating a Joint Powers Agreement with the City of Coon Rapids regarding said project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to call for a public hearing on improvements of storm drainage, Project No. 86-21 in the Coon Rapids/Andover/Jay Street Area. BE IT FURTHER RESOLVED that the Council will consider the improvements in accordance with the report and the assessment of abutting property within the City of Andover for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429. BE IT STILL FURTHER RESOLVED that said hearing shall be held on the 29th day of July, 1986 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 Lachinski and adopted by the City Council at a Regular Meeting this 1st day of July , 1986, with Councilmen Elling, Knight, Orttel, Lachinski, Windschitl voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ &- . ¿:? <<'~ J ry ndschitl - Mayor Jam CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R-093-86 MOTION by Councilman g¡-1;1;91 to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF HIDDEN CREEK 2ND ADDITION AS BEING DEVELOPED BY GOOD VALUE HOMES IN SECTION 33. WHEREAS, the City Council approved the Preliminary Plat of Hidden Creek; and WHEREAS, the developer has presented the Final Pl at of Hi dden Creek 2nd Addition; and WHEREAS, the City Engineer has reviewed such plat for conformance with the Preliminary Plat; and WHEREAS, the City Attorney has presented a favorable Title Opinion on the property being platted; and WHEREAS, the developer has deposited security sufficient to cover legal, engineering, consultant and street sign costs; and WHEREAS, the developer has entered into a Development Contract with the City of Andover for the installation of utilities and streets and ha~ paid the required escrow; and WHEREAS, the devleoper has paid to the City a deposit to cover all plat fees; and WHEREAS, the park dedication for all of Hidden creek has been dedicated or cash in lieu of alnd has been paid. NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Andover to hereby approve the final plat of Hidden Creek 2nd Addition as developed by Good Value Homes, noting the following: 1. A variance will be granted for the length of Hidden Creek Drive, which exceeds the maximum 500 feet allowed for a cul- de-sac. MOTION seconded by Councilman KniOht': and adopted by the City Council at a Requ1a¡- Meeti ng thi s lqt': day of 'u1y , 1986 by unanimous vote, CITY OF ANDOVER ATTEST: ~ . A ""d Je y W ndsch1ll - Mayor " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 094-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 86-6 FOR SANITARY SEWER, WATERMAIN, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER IN THE AREA OF HIDDEN CREEK 2nd ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 063-86 , bids were received, opened and tabu- lated according to law for Project No. 86-6, with results as follows: American Contracting $223,065.32 Lake Area Utility Contracting 244,522.55 CECA 259,064.75 HBH Construction 281,642.50 Barbarossa and Sons 283,777.00 Nodland Construction 295,322.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the above bids as shown to indicate American Contracting as being the apparent low bidder. BE IT FURTHER RESOLVED to hereby direct the Mayor and Clerk to enter into a Contract with American Contracting in the amount of $223,065.32 for construction of Improvement Project No. 86-6 in the area of Hidden Creek 2nd Addition; and direct the City Clerk to return to all bidders the deposits made with their bid, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the Contract has been executed and insurance and bond requirements met. MOTION seconded by Councilman Knight and adopted by the City Council at a Regular Meeting this 1st day of July , 1986, with Councilmen Elling, Knight, Lachinski, Orttel, Windschitl - voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ -" 0 ',Þ:; ...¿'".?,é/ J Y JI1indschitl - Mayor Ja s E. J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R095-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF WOODLAND TERRACE 4TH ADDITION AS BEING DEVELOPED BY LAWRENCE B. CARLSON IN SECTION 32. WHEREAS, the City Council approved the Preliminary plat of Woodland Terrace; and WHEREAS, the developer has presented the Final Pl at of Woodl and Terrace 4th Addition; and WHEREAS, the City Engineer has reviewed such plat for conformance with the Preliminary Plat; and WHEREAS, the City Attorney has presented a favorable Title Opinion on the property being platted; and WHEREAS, the developer has deposited security sufficient to cover 1 ega 1, engineering, consultant and street sign costs; and WHEREAS, the developer has entered into a Development Contract with the City of Andover for the installation of utilities and streets and has paid the required escrow; and WHEREAS, the developer has paid to the City a deposit to cover all plat fees; and WHEREAS, the park dedication for all of Woodland Terrace was part of Phase 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Woodland Terrace 4th Addition as developed by Lawrence B, Carlson. MOTION seconded by Councilman Knight and adopted by the City Council at a Regular Meeting this l£:t day of July , 1986 with Councilmen ~'ind"chit1 , Ortt..1, Knight, L¡;¡chin¡¡:ki, ¡:lling voting in favor of the resolution, and Councilmen Nom" voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ fs-- '0 ¿.~..... ~ Je y )Inn scfiltl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R096-86 MOTION by Councilman Ell i ng to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF WOODLAND TERRACE 5TH ADDITION AS BEING DEVELOPED BY LAWRENCE B. CARLSON IN SECTION 32, WHEREAS, the City Council approved the preliminary plat of Woodland terrace; and WHEREAS, the developer has presented the Final Plat of Woodland Terrace 5th Addition; and WHEREAS, the City Engineer has reviewed such plat for conformance with the Preliminary Plat; and WHEREAS, the City Attorney has presented a favorable Title Opinion on the property being platted; and WHEREAS, the developer has deposited security sufficient to cover 1 ega 1, engineering, consultant and street sign costs; and WHEREAS, the developer has entered into a Development Contract with the City of Andoer for the installation of utilities and streets and has paid the required escrow; and WHEREAS, the developer has paid to the City a deposit to cover all plat fees; and WHEREAS, the 5th Addition is outside the Woodland Terrace platting and original park dedication, a park dedication i s required for the 5th Addition i n the amount of $730. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Woodland Terrace 5th Addition as developed by Lawrence B. Carl son, noting the following: 1. A vari ance wi 11 be granted for a 40' setback at thepp~ppetyy 1 i ne instead of the required 35' setback. 2. l33rd Avenue wi 11 be constructed to city standards, 3. All lots wi 11 front on interior streets (Silverod Court). MOTION seconded by Councilman Knight and adopted by the City Council at a Regular meeting this 1 s t day of July , 1986, with Councilmen Wi ndschi tl, Lachinski, Orttel, Knight, Elling voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: r- W':' L? -"~~ Jer Wi nð5chi tl - Mayor (ho Schrantz - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R097-86 MOTION by Councilman Lachinski to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 86-9 FOR WATERMAIN, SANIARY SEWER, STORM DRAIN, STREETS WITH CONCRETE CURB AND GUTTER IN THE WOODLAND TERRACE 4TH ADDITION, LILY STREET, ROUND LAKE BOULEVARD, 133RD LANE, AND 134TH AVENUE AREA. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution R076-86, bids were received, opened and tabulated according to the law for Project No. 86-9, with results as follows: S. J. Louis Construction $484,648.50 HBH Construction 491,552.60 Channel Construction 499,404.35 Ceca Utilities 515,333.85 Nodland Construction 525,294.00 Bonine Excavating 533,444.50 Arcon Construction 535,360.65 American Contracting 562,600.98 Widmer, Inc. 692,080.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the above bids as shown to indicate S. J. Louis Construction as being the apparent low bidder. BE IT FURTHER RESOLVED that the City Council acknowledges the receipt of a 10 percent bid bond from the apparent low bidder, 5 percent of which was submitted late, concurring with the Attorney's opinion that it was not a material deviation from the specifications. BE IT STILL FURTHER RESOLVED to hereby direct the Mayor and Clerk to enter into a Contract with S. J. Louis Construction in the amount of $484,648.50 for construction of Improvement Project No. 86-9 in the area of Woodland Terrace 4th Addition, Lily Street, Round Lake boulevard, 133rd Lane and 134th Avenue; and direct the City Clerk to return to all bidders the deposits made with their bid, except that the deposit of the successful bidder and the next low bidder shall be retained until the Contract has been executed and insurance and bond requirements met. MOTION seconded by Councilman Orttel and adopted by the City Council at a Regular Meeting this ~ day of July , 1986, with Councilmen Elling, Knight, Lachinski, Orttel, Windschitl voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ ¿.-.-: .Þ' ä?'/ Je y . dschitl - Mayor F,,:, \..".~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R098-86 MOTION by Councilman Lachinski to adopt the following: A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUESTED BY TERRY HANSON FOR A CAR WASH ON LOT 1, BLOCK 1, ANDOVER COMMUNITY SHOPPING CENTER. WHEREAS, pursuant to published and mailed notice the Planning and Zoning Commission has conducted a public hearing and reviewed the request of Terry Hanson for a car wash on Lot 1, Block 1, Andover Community Shopping Center; and WHEREAS, after such hearing and review, the Planning and Zoning Commission recommended disapproval of the request; and WHEREAS, the Council does not concur with the Planning and Zoning Commission but rather agrees with the request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit for a car wash as requested by Terry Hanson on Lot 1, Block 1, Andover Community Shopping Center. BE IT FURTHER RESOLVED that said permit be subject to the following conditions: l. That a sidewalk be placed along the southerly property line. Z. That the tunnel car wash, Phase Z, not be approved until such time as traffic signal lights are installed on County Road 9 and 140th Lane. 3. That the island be modified to allow for turnaround in the driveway. 4. That the driveway be modified up to 10 feet from where it is to accommodate future ingress and egress. 5. That additional trees be planted along the fence line. MOTION seconded by Councilman Orttel at a Regular Meeting this 15th day of July, 1986 with Councilmen Lachinski, Orttel voting in favor of the resolution, and Councilmen Windschitl, Knight, Elling voting against, whereupon said resolution failed. CITY OF ANDOVER ATTEST: ~~_ ______ k ' a. /.u/ J ry Wi~schitl - Mayor J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R099-86 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAND MEADOWS BEING DEVELOPED BY LAWRENCE B. CARLSON IN SECTION lO-32-24 AND SECTION 03-32-24. WHEREAS, pursuant to published and mailed notice thereof, the Planning and zoning Commission has conducted a public hearing on the preliminary plat of Woodland Meadows; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission is recommending approval of such plat, citing as reasons for such recommendation as being l) the plat is in confor- mance with the Comprehensive Plan; 2 ) the plat has been reviewed by the Anoka County Highway Department; and WHEREAS, the City Council acknowledges that a recommendation has been received from the Park Board; and WHEREAS, the City Council further acknowledges that the plat has been reviewed by the City Engineer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Woodland Meadows, noting the following: 1. A variance will be granted for Lot 8, Block 3 and Lot 6, Block 3 for definition of lot front; 2. A variance will be granted for Lot 6, Block 7 and Lot l8, Block 6 for definition of lot front; 3. A variance will be granted for Lot l5, Block 7 and Lot l2, Block 6 as the setback is measured at greater than 40 feet; 4. A variance will be granted for the length of Block 5. Adopted by the City Council of the City of Andover this l5th day of July , 1986. CITY OF ANDOVER AT'fEST: ~_w ø_ ~ J rr Windschitl - Mayor . Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. RlOO-86 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF RICHARD BASSING TO CONSTRUCT AN ACCESSORY BUILDING PRIOR TO THE CONSTRUCTION OF THE PRINCIPAL STRUCTURE ON PROPERTY KNOWN AS PIN l3 32 24 34 0008. WHEREAS, pursuant to published notice thereof, the Planning and Zoning Commission has conducted a public hearing on the request for a Special Use Permit by Richard Bassing; and WHEREAS, as a result of such hearing and review by the Planning and Zoning Commission, approval is recommended for the following reasons: l) it will not be detrimental to the health, safety or general welfare of the community; 2) It will not cause serious traffic con- gestion; 3 ) It will not depreciate surrounding property values; 4 ) It meets the intent of the Zoning Ordinance and the Comprehensive Plan; and WHEREAS, the City Council is in agreement with the reasons given by the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit requested by Richard Bassing to construct an accessory building prior to the con- struction of the principal structure. Adopted by the City Council of the City of Andover this l5th day of July , 1986. CITY OF ANDOVER ATTEST: ~W'ß~ J ry indschitl - Mayor lerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. RlOl-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STORM DRAINAGE, PROJECT NO. 86-2l IN THE COON RAPIDS/ ANDOVER/JAY STREET AREA. WHEREAS, the City Council of -the City of Andover is cognizant of the need for improvements, specifically storm drainage in the following described area: Coon Rapids/Andover/Jay Street Area; and a Feasibility Report has been prepared by Bennett Ringrose Wolsfeld for the improvement of storm drainage, Project No. CR86-l6, Andover 86-2l in the Coon Rapids/ Andover/Jay Street area; and WHEREAS, such report was received by the City Council on the l5th day of July ,l986; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $93,000. 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. 86-2l, for the improvement of Storm Drainage, in the Coon Rapids/Andover/Jay Street area as prepared by Bennett Ringrose Wolsfeld. 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 cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $93,000. 3. A public hearing shall be held on such proposed improvement on the 29th day of July ,l986 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 Knight and adopted by the City Council at a Regular Meeting this l5th day of July ,l986, with Councilmen Windschitl, Lachinski, Elling, Orttel, Knight voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~ATTEST: 1/ () I r- ~ & -"'" .-/~ /ë, .~ J r Windschi tl - Mayor Jame . Schrantz City Cl CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R102-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 86-10, HIDDEN CREEK 3RD ADDITION, FOR WATERMIAN, SANITARY SEWER, STORM DRAIN, STREETS WITH CONCRETE CURB AND GUTTER. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution R077-86, bids were received, opened and tabulated according to the law for Project No. 86-10, with results as follows: S. J. Louis Construction $361,759.30 Annandale Sewer and Water 374,715.22 Bonine Excavating 386,656.86 M & M Sewer and Water, Inc. 389,987.00 American Contracting 396,725.60 Ceca Utilities 410,404.60 Nodland Construction 414,228.50 Burschville Construction 429,298.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the above bids as shown to indicate S. J. Louis Construction as being the apparent low bidder. BE IT FURTHER RESOLVED that the City Council acknowledges the receipt of a 10 percent bid bond from the apparent low bidder, 5 percent of which was submitted late, concurring with the Attorney's opinion that it was not a material deviation from the specifications. BE IT STILL FURTHER RESOLVED to hereby direct the Mayor and Clerk to enter into a Contract with S. J. Louis Construction in the amount of $361,759.30 for construction of Improvement Project No. 86-10 in the area of Hidden Creek 3rd Addition; and direct the City Clerk to return to all bidders the deposits made with their bid, except that the deposit of the successful bidder and the next low bidder shall be retained until the Contract has been executed and insurance and bond requirements met. MOTION seconded by Councilman Knight and adopted by the City Council at a Regular Meeting this 15th day of July , 1986, with Councilmen Elling, Knight, Lachinski, Orttel, Windschitl voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~./ iv ./:r-á?/ J y ~ndschitl - Mayor CITY OF ANDOVER COUNTY·OF ANOKA STATE OF MINNESOTA NO. Rl03-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION APPROViNG THE FINAL PLAT OF HIDDEN CREEK 3rd ADDITION AS BEING DEVELOPED BY GOOD VALUE HOMES IN SECTTON 33. WHEREAS, the City Council approved the Preliminary Plat of Hidden Creek; and WHEREAS, the developer has presented the Final Plat of Hidden Creek 3.!:..£ Addition; and WHEREAS, the city Engineer has reviewed such plat for conformance with the Preliminary Plat; and WHEREAS, the city Attorney has presented a favorable Title Opinion on the property being platted; and WHEREAS, the developer has deposited security sufficient to cover legal, engineering, consultant and street sign cost; and WHEREAS, the developer has entered into a Development Contract with the City of Andover for the installation of utilities and streets and has paid the required escrow; and WHEREAS, the developer has paid to the City a deposit to cover all pl at fees; and WHEREAS, the park dedication for all of Hidden Creek has been dedicated or cash in lieu of land has been paid. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Hidden Creek 3.!:..£ Addition as developed by Good Value Homes: MOTION seconded by Councilman Knight and adopted by the City Council at a Regular Meeting this l~th day of ,T1l1y , 1986 by unanimous vote. CITY OF ANDOVER ATTEST: -9 .~ -~ ..,,? J ~Windschitl - Mayor erk Extract of Minutes of Meeting of the City Council of the City of Andover, Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was held at the City Hall in said City on Tuesday, July 15, 1986, commencing at 7:30 o'clock P.M. The following members were present: Elling, Knight, Orttel, Lachinski, Windschitl and the following were absent: None *** *** *** The following resolution was presented by Councilmember orttel who moved its adoption: RESOLUTION NO. 86-__l04 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,950,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986B BE IT RESOLVED By the City Council of the City of Andover, Anoka County, Minnesota (City) as follows: 1. It is hereby determined: (a) That the following assessable public improvements (the "Improvements") have been made, duly ordered or con- tracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429: Project Designation & Description Total Project Cost Project 86-3 Trunk Sewer and Water - Bunker Lake Blvd. and Hanson Blvd. $ 840,970 Project 86-6 Hidden Creek 2nd Addition 233,065 Project 86-7 164th Lane 34,615 Project 86-8 Woodland Terrace 2nd & 3rd Addition 46,289 Project 86-9 Woodland Terrace 4th & 5th Addition 484,648 Project 86-10 Hidden Creek 3rd Addition 361,759 Project 86-12 154th Street 84,615 Project 86-17 Crosstown Water Extension 30,769 Engineering Costs (17%) 359,844 Contingencies (5%) 138,089 Administrative Expense (4%) 84.669 Legal Expense (2%) 42.334 Fiscal Expense (2%) 42,334 Capitalized Interest 110,000 Discount 56,000 Total $2,950,000 (b) That it is necessary and expedient to the sound finan- cial management of the affairs of the City to issue $2,950,000 General Obligation Improvement Bonds, Series 1986B (Bonds) to provide financing for the Improve- ments. 2. In order to provide financing for the Improvements, the City shall therefore issue and sell Bonds in the amount of $2,892,180. In order to provide in part the additional interest required to market the Bonds at this time, additional Bonds shall be issued in the amount of $56,000. Any excess of the purchase price of the Bonds over the sum of $2,894,000 shall be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on such additional Bonds. The Bonds shall be issued and sold in accordance with the terms of the following Official Notice of Sale: OFFICIAL NOTICE OF SALE $2,950,000 General Obligation Improvement Bonds, Series 1986B City of Andover Anoka County, Minnesota NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota, will consider sealed bids for the purchase of $2,950,000 general obligation improvement bonds of the City at a regular Council meeting on Tuesday. August 5, 1986, at 7:30 o'clock p.m., C.T. on the following terms. Purpose and Security The purpose of the bonds is to provide funds for the finan- cing of various 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 pledge4 together with special assessments against benefitted property. Date and Maturities The bonds will be issued in fully registered form, will be dated August 1, 1986, will be in integral multiples of $5,000 each and will mature without option of prior payment on August 1 in the follow- ing years and amounts: Year Amount Year Amount 1987 $225,000 1992 $275,000 1988 250,000 1993 300,000 1989 275,000 1994 325,000 1990 275,000 1995 375,000 1991 275,000 1996 375,000 Interest Interest on the bonds will be payable on August 1, 19R7, and semiannually thereafter on each February 1 and August 1. All bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for bonds of any subsequent maturity. Each rate must be in an inte- gral multiple of 1/20 of 1%, and no rate of interest nor the net effective average rate of the issue may exceed the maximum rate of interest permitted by law on the day of sale. - - - Paying Agent The City will name the Registrar which shall be subject to applicable SEC regulations. Principal will be payable at the prin- cipal 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 will assume no obligation for the assignment or printing of CUSIP numbers on the bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. Delivery Within 40 days after sale, the City will furnish and deliver to the office of the purchaser or, at its option, will deposit with a bank in the United States selected by it and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed and executed bonds, the unqualified opinion thereon of bond counsel, and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. The charge of the delivery agent must be paid by the purchaser, but all other costs will be paid by the City. The purchase price must be paid upon delivery of the bonds in funds available for expenditure by the City on the day of payment. Legal Opinion An unqualified legal opinion on the bonds will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Associa- tion of 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 benefited property, and that the City is obligated and required 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 and must be received prior to the time of said meeting. Each bid must be unconditional and must be accompanied by a cashier's or certified check or bank draft in the amount of $59,000, payable to the City Clerk-Treasurer, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid authorizing the lowest net interest cost (total interest from date of bonds to stated maturities, less any cash premium or plus any amount less than $2,950,000 bid for principal) will be deemed the most favorable. No oral bid and no bid of less than $2,894,000 for princi- pal plus accrued interest on all of the bonds will be considered, and the City reserves the right to reject any and all bids and to waive any informality in any bid. BY ORDER OF THE CITY COUNCIL /s/ James E. Schrantz City Clerk-Treasurer Dated: July 15, 1986. . 3. The Clerk-Treasurer is authorized and directed to advertise the Bonds for sale in accordance with the foregoing Official Notice of Sale and to cause the abbreviated notice of sale attached hereto as Exhibit A, to be published in the manner required by law. The City Council shall meet on Tuesday, August 3, 1986, to consider bids on the Bonds and take any other appropriate action. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Elling and upon vote being taken thereon, the following voted in favor of the motion: Lachinski, Windschi tl, Knight, Orttel, Elling and the following voted against: None whereupon said ·resolution WaS declared duly passed and adopted. EXHIBIT A NOTICE OF BOND SALE $2,950,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986B CITY OF ANDOVER, MINNESOTA ANOKA COUNTY These bonds will be offered for sale on sealed bids on Tuesday, AUGUST 5, 1986 Bids will be opened and tabulated for consideration and award by the City Council at 7:30 p.m., C.T., a regular meeting of the Council on that date. The Bonds will be dated August I, 1986, will bear interest payable semiannually on each February 1 and August 1 to maturity, commencing August 1, 1987, and will mature without option of prior payment on August 1 in the amounts and years as follows: Year Amount Year Amount 1987 $225,000 1992 $275,000 1988 250,000 1993 300,000 1989 275,000 1994 325,000 1990 275,000 1995 375,000 1991 275,000 1996 375,000 No rate of interest nor the net effective rate of the issue may exceed the maximum rate permitted by law. Bidders must specify a price of not less than $2,894,000 plus accrued interest. A legal opinion on the Bonds will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota. The proceeds of the Bonds will be used to finance a portion of the costs of various improvement projects in and for the City. Bidders should be aware that the Official Statement to be published 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 said Official Statement, the provi- sions of the latter shall be those to be complied with. BY ORDER OF THE CITY COUNCIL /s/ James E. Schrantz City Clerk-Treasurer Dated: July 15, 1986. STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk-Treasurer of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of a regular meeting of the City Council of said City held on Tuesday, July 15, 1986, with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same relates to the issuance and sale of $2,950,000 General Obligation Improvement Bonds, Series I986B, of the City. WITNESS My hand as such City Clerk-Treasurer and the cor- porate seal of the City this~;- day of ~/ , 1986. ~- Clerk-Treasurer of Andover, Minnesota (SEAL) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R105-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION AMENDING RESOLUTION NO. R80-82, APPROVING A SPECIAL USE PERMIT FOR USED CARS AND CORRECTING ADDRESS. WHEREAS, an error has been discovered in the address of Bunker Lake Auto Sales which was granted a special use permit on September 7, 1982. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to correct said address to read 1787 Bunker Lake Boulevard instead of 1656 Bunker Lake Boulevard. MOTION seconded by Councilman Knight and adopted by the City Council at a Regular Meeting on the 15th day of July, 1986. CITY OF ANDOVER ~?~ £?.. þ;.?tY J y ndschitl - Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. RI05A MOTION by Councilmen Orttel to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO E.H, RENNER & SONS FOR PROJECT NO. 85-9 FOR THE IMPROVEMENT OF WELL #2 CONSTRUCTION. WHEREAS, pursuant to a written contract signed with the City of Andover on June 18, 1985, E. H. RENNER & SONS of Elk River, Minnesota has satisfactorily completed the following improvement of watermain and sanitary sewer construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota, The work completed under said contract i s 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 Lachinski and adopted by the City Council at a Regular Meeting this I5th day of July, - ~ 1986 with Councilmen Windschitl, Knight, Orttel, Ell i ng, Lachinski voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~~ L2. ;t-P' Je y Wi dschi tl - Mayor ATTEST: Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R106-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREET CONSTRUCTION, PROJECT NO. 86-7 IN THE 164TH LANE AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, a resolution of the City Council adopted on the 17th day of June, 1986, fixed a date for a public hearing on the improvement of street construction, Project No. 86-7; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 17th day of July, 1986; and WHEREAS, all persons desiring to be heard were given such opportunity for same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the improvement of street construction, Project No. 86-7 on 164th Lane. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Bonestroo, Rosene, and Anderlik as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvement. MOTION seconded by Councilman Elling and adopted by the City Council at a Special Meeting this 17th day of July, 1986, with Councilmen Elling, Knight, Lach1nski, Orttel, Windschitl voting in favor of the resolution, and Councilmen none voting against, whereupon s&id resolution was declared passed. CITY OF ANDOVER ~ Í// - ¿;? û:d J ry ndschitl - Mayor ATTEST: ç James E. Schrantz - . (; CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R107-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREET CONSTRUCTION, PROJECT NO. 86-12, FOR 154TH LANE AND NIGHTINGALE ESTATES 3RD ADDITION. WHEREAS, a resolution of the City Council adopted the 17th day of June, 1986, fixed a date for a public hearing on the improvement of street construction, Project No. 86-12; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 17th day of July, 1986; and WHEREAS, all persons desiring to be heard were given such opportunity for same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the improvement of street construction, Project No. 86-12 on 154th Lane and Nightingale Estates 3rd Addition. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Bonestroo, Rosene, and Anderlik as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvement. MOTION seconded by Councilman Elling and adopted by the City Council at a Special Meeting this 17th day of July, 1986, with Councilmen Elling, Knight, Lachinski, Orttel, Windschitl voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~/ {,/ ' /2.~~ Je y Wi schitl - Mayor ATTEST: James)E: 1/ () CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. RI08-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STORM DRAINAGE, PROJECT NO. 86-16, RED OAKS PONDS EAST AND WEST AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, a resolution of the City Council adopted on the 20th day of May, 1986, fixed a date for a public hearing on the improvement of storm drainage, Project No. 86-16; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 25th day of June, 1986 and continued to the 17th day of July, 1986; and WHEREAS, all persons desiring to be heard were given such opportunity for same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the improvement of storm drainage, Project No. 86-16 of the Red Oaks Ponds East and West. 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 improvement. MOTION seconded by Councilman Lachinski and adopted by the City Council at a Special Meeting this 17th day of July, 1986, with Councilmen Elling, Knight, Lachinski, Orttel, Windschitl voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~A'A~.1/ {d ¿;/ -/;;.1/ ATTEST: C 0' t Jam ¡ U CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. RI09-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION TERMINATING THE 429 PROCEDURE FOR THE IMPROVEMENT OF STORM DRAINAGE, PROJECT NO. 86-15, IN THE ENCHANTED DRIVE AREA. WHEREAS, a resolution of the City Council adopted on the 3rd day of June, 1986, fixed a date for a public hearing on the improvement of storm drainage, Project No. 86-15; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 25th day of June, 1986 and continued to the 17th day of July, 1986; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and WHEREAS, a majority of the residents were not in favor of the improvement; and WHEREAS, the City Council determined the funding should come from sources other than special assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to terminate the 429 procedure for the improvement of storm drainage, Project No. 86-15, in the Enchanted Drive area. MOTION seconded by Lachinski and adopted by the City Council at a Special Meeting this 17th day of July, 1986. CITY OF ANDOVER ~ fA) a ¿¿Z/ Je y Wln chitl - Mayor ATTEST' ¡ ~ .. City CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. RllO-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION PROPOSING POSSIBLE SOLUTION TO THE HIGH WATER PROBLEM IN THE SOUTHWEST CORNER OF ANDOVER AND THE NORTHEAST CORNER OF ANOKA TO THE ANOKA CITY COUNCIL AT THEIR SCHEDULED MEETING ON JULY 2l, 1986. WHEREAS, there has been damaging high water in the south- west corner of the City of Andover and the northeast corner of the City of Anoka; and WHEREAS, there is no natural outlet for such high water; and WHEREAS, it is in the best interest of both cities affected to jointly resolve the situation. NOW, THEREFORE, BE IT RESOLVED that the City of Andover propose the following possible solution for the consideration of the Anoka City Council: That Andover be allowed to buy into the existing Anoka storm sewer system at a cost of one-half cent per square foot of buildable benefitted area; that area to be determined jointly by the respective city engineers, with Andover vacant property to be assessed at such time as it develops. That the City of Andover and the City of Anoka share in the cost of additional piping as required along the new County Road ll6 right of way in proportion to their respective benefit. That the piping be placed at the lowest possible elevation to aid in the drainage but not overburden the Anoka storm drainage system. That the City of Andover make maximum use of its existing wet areas in Andover to control flow into the Anoka system to an acceptable level. And that if an agreement cannot be reached in a reasonable period of time, that the City of Andover will reconvene the public hearing dealing with the northwest drainage option. MOTION Seconded by Councilman Lachinski and adopted by the City Council at a Special Meeting this l7th day of July , 1986 by unanimous vote. CITY OF ANDOVER ATTEST: ~e~ V)' ~- ",2;/ J ry W¿raSchitl - Mayor City Clerk CITY OF ANDOVER " COUNTY OF ANOKA ;;, STATE OF MINNESOTA NO. lll,-86 h" M' Resolution Approv~ng and Aut or~z~ng ~nnesota Cities Infrastructure Financing Program Joint Powers Agreement And Execution of Participation Agreement with Respect Thereto. Be It Resolved By The City Council of the City of Andover , Minnesota, as follows: 1. The League of Minnesota Cities (the League) has proposed that the City approve and execute a participation agree- ment (the Participation Agreement) and thereby become a party to a joint powers agreement (the Agreement), with other Minnesota cities and instrumentalities thereof (the participants), providing for the creation of the Minnesota Cities Infrastructure Financing Program (the Program) and the Minnesota Cities Infrastructure Financing Board (the Board) and the issuance of bonds (the Bonds) of the Board on behalf of each of the Participants to finance and refinance capital projects (the Projects) of the Participants. Forms of the Participation Agreement and Agreement have been presented to this Council and are on file in the office of the Clerk. 2. The forms of the Participation Agreement and Agree- ment are hereby authorized and approved, subject to such minor modifications. thereof as the Mayor and the (Clerk) (Manager) shall approve as evidence by execution thereof. The Mayor and (Clerk) (Manager) are authorized to execute the Participation Agreement on behalf of the City. The Board is authorized to issue its Bonds pursuant to the Agreement on behalf of the City in one or more series in the aggregate principal amount of $7,350,000 for the purpose of providing funds for the Projects described in Exhibit B to the Participation Agreement. As provided in the Agreement and Participation Agreement: The principal of, interest on and premium, if any, with respect to the Bonds shall be payable solely from the revenues of the Board derived from the Program. The Bonds shall not constitute a general obligation of or pledge the full faith and credit or taxing powers of the Participants or of anyone or any combination of them, the State of Minnesota or any political sub- division thereof, or a lien upon any property owned by or situated within the territorial limits of the Participants, the State of Minnesota or any political subdivision thereof. The holders of the Bonds shall not have the right to require or compel any exercise of the taxing powers of any of the Participants, the State of Minnesota or any political subdivision thereof to pay the principal of, premium, if any, and interest on the Bonds or to make any other payments provided for under the Program Documents, except as expressly provided in each Particpant Bonds and Participant Bond Resolution as approved by the governing body ?f each such Participant. 3. James Schrantz is hereby designated Representative of the City in accordance with Section 2.03 of the Agreement. Mayor- Jerry Windschitl Attest Clerk - James Schrantz I hereby certify that the foregoing is a true and correct copy of a resolution duly adopted by the City of Andover on the 17thday of . July , 1986, at a Special meeting of the City Councilduly called, noticed and held and at which a quorum was present and acting throughout. The resolution has not been modified or amended and is in full force and effect as of the date hereof. Witnesseth my hand this ___ day of , 1986. -2- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. Rll2-86 A RESOLUTION ESTABLISHING AND DESIGNATING DEVELOPMENT DISTRICT NO. 1 AND TAX INCREMENT FINANCING DISTRICT NO. 1 AND APPROVING AND ADOPTING A DEVELOPMENT PROGRAM AND A TAX INCREMENT FINANC- ING PLAN RELATING THERETO. BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota (the "City"), as follows: Section 1. Reci tals . 1.01. It has been proposed that the City establish a development district within the corporate limits of the City and approve a tax increment financing district and tax increment financing plan with respect thereto, all pursuant to and in accordance with Minnesota Statutes, Chapter 472A, as amended, and Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended. The proposed development district has been designated as Development District No. 1 (the "Development District"). 1.02. This Council has investigated the facts and has caused to be prepared a proposed Development Program (the "Development Program") for the Development District defining more precisely the property to be included in the Development District and describing the action to be undertaken by the City to aid the development and redevelopment of the Development District, and has caused to be prepared a proposed Tax Increment Financing Plan (the "Tax Increment Financing Plan") defining more preciselY the property to be included in the tax increment financing district ("Tax Increment Financing District No. l") and other matters relating thereto. 1.03. The City has performed all actions required by law to be performed prior to the establishment of the Development District, Tax Increment Financing District No. I and the adoption of the Development Program and the Tax Increment Financing Plan relating thereto, including consultations with Anoka County and Independent School District No. 11 having taxing jurisdiction over the property proposed to be included in Tax Increment Financing District No. l, a review of the proposed Development District and Tax Increment Financing District No. 1 and the Development Program and Tax Increment Financing Plan by the City Planning ---- ------ --- .. Department ···andthe ··holding of a.¡iublic-nearïhg upon ·publI'ihéd and mailed notice as required by law. 1.04. The Council hereby determines that it is necessary and in the best interests of the City at this time to es tablish the Development District and Tax Increment Financing District No. 1 and to approve and adopt the Development Program and the Tax Increment Financing Plan relating thereto. Section 2. Findin2s and Establishment of Development District No.1. 2.01. The Council hereby finds, determines and declares that the Development District constitutes a "development district" as defined in Minnesota Statutes, Section 472A.02, Subdivision 11, and further constitutes a "project, " as defined in Minnesota Statutes, Sections 273.7l to 273.78, inclusive, as amended. 2.02. The Council further finds, determines and declares that the establishment of the Development District and the financing of the Devel- opment Program by the City pursuant to the Tax Increment Financing Plan is intended and, in the judgment of this Council, its effect will be, to promote the public purposes and accomplish the objectives specified in the Development Program, Minnesota Statutes, Section 472A.Ol, and Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended. 2.03. Under and pursuant to Minnesota Statutes, Chapter 472A, as amended, and Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended, Development District No. 1 is hereby established in and for the City. The property included in the Development District shall be the property described in the Development Program for the Develoment District approved in Section 4 hereof. Section 3. FindinllS and Establishment of Tax Increment Financing; District No.1. 3.01. The Council hereby finds, determines and declares that Tax Increment Financing District No. 1 constitutes a "tax increment financing district", as defined in Minnesota Statutes, Section 273.73, Subdivision 9, and further constitutes a "redevelopment district", as defined in Minnesota Statutes, Section 273.73, Subdivision lO. 3.02. The Council further finds, determines and declares that the proposed development, in the opinion of the Council , would not occur solely through private investment within the reasonably foreseeable future and, therefore, the Tax Increment Financing Plan conforms to the general plan for the development and redevelopment of the City as a whole; and that the Tax Increment Financing Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of Tax Increment Financing District No. 1 by private enterprise. 3.03. The Council further finds, determines and declares that the establishment of Tax Increment Financing District No. 1 and the approval and adoption of the Tax Increment Financing Plan by the CityJs tnten(kd_ __'_._ u __.n and,.· in the· judgment ·"({"-this Council, its effect will be, to promote the public purposes and accomplish the objectives specified in the Develop- ment Program and the Tax Increment Financing Plan, Minnesota Statutes, Section 472A.Ol, and Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended. 3.04. The Council further finds, determines and declares that the City made the above findings stated in Section 3 and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.05. Under and pursuant to Minnesota Statutes, Section 273.71 to 273.78, inclusive, as amended, Tax Increment Financing District No. 1 is hereby approved and established in and for the City. The property included in Tax Increment Financing District No. 1 shall be the property described in the Tax Increment Financing Plan for Tax Increment Financing District No. 1 approved in Section 4 hereof. Section 4. Adootlon of Develooment Pro.o:ram and Tax Increment Financin.o: Plan. 4.01. The Development Program for the Development District and the Tax Increment Financing Plan related thereto, presented to the Council on this date, are hereby approved and adopted and shall be placed on file in the office of the Clerk-Treasurer. The Development Program and the Tax Increment Financing Plan are in the form attached hereto, and are hereby made a part hereof, entitled "D·evelopment Program for Development District No. 1 including Tax Increment Financing Plan for Tax Increment Financing District No.1, City of Andover, Minnesota, July 29, 1986." Section 5. Imolementation of Develooment Pro.o:ram. 5.01. The officers of the City, the City's financial advisor and underwriter therefor, and the City's legal counsel and bond counsel are authorized and directed to proceed with the implementation of the Development Program and Tax Increment Financing Plan and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all futher plans, resolutions, documents and contracts necessary for this purpose. Adopted by the City Council of the City of Andover, Minnesota, on July 29, 1986. -9r--q WM' ,f!;. ¡I{'}~ ayor ¿ ;; ."-- 003lF EXHIBIT A TO RESOLUTION NO. 112-86 The reasons and facts supporting the findings for the establishment of Tax Increment Financing District No. 1 and the approval and adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 1 as required pursuant to Minnesota Statutes, Section 273.74, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No.1 is a "redevelopment district" as defined in Minnesota Statutes, Section 273.73, Sub- division 10. 2. Finding that the proposed development, in the opinion of the Council, would not occur solely through private investment within the reasonable foreseeable future and, therefore, the use of tax increment financing is deemed necessary. 3. Finding that the Tax Increment Financing Plan conforms to the general plan for the development or redevelopment of the municipality as a whole. 4. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No.1 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 1 by private enterprise. .-. ,-------- 0032F CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 00l-86 A RESOLUTION OF THE ANDOVER PLANNING COMMISSION FINDING THE CITY'S ADOPTION OF THE PROPOSED DEVELOPMENT PROGRAM FOR PROPOSED DEVELOPMENT DISTRICT NO. 1 AND THE ADOPTION OF THE PROPOSED TAX INCREMENT FINANCING PLAN FOR PROPOSED TAX INCREMENT FINANCING PLAN FOR PROPOSED TAX INCREMENT FINANCING DISTRICT NO. 1 TO BE CONSISTENT WITH THE COMP- REHENSIVE PLAN OF THE CITY. WHEREAS, the City's recommended Development Program for proposed Development District No. 1 and the recommended Tax Increment Financing Plan for proposed Tax Increment Financing District No. 1 within Development District No. 1 have been submitted to the Andover Planning Commission pur- suant to Minnesota Statutes, Section 462.5l5 and Section 273.74, Subdivision 3(c), respectively; and WHEREAS, the Planning Commission has reviewed the pro- posed Development Program and proposed Tax Increment Financing Plan to determine the consistency of the Plans to the Compre- hensive Plan of the City. NOW, THEREFORE, BE IT RESOLVED by the Andover Planning Commission that the Plans are consistent with the Andover Comprehensive Plan and the Commission recommends approval of the plans to the Andover City Council. Adopted July 22 , 1986. O~~ DOnJaC~son, Chairman ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R113-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STORM DRAINAGE, PROJECT NO. 86-21, IN THE COON RAPIDS/ANDOVER/JAY STREET AREA. WHEREAS, a resolution of the City Council adopted on the 1st day of July, 1986, fixed a date for a public hearing on the iprovement of storm drainage, Project No. 86-21; and WHEREAS, pursuant to the required published and mailted notice, such hearing was held on the 29th day of July, 1986; and WHEREAS, all persons desiring to be heard were given such opportunity for same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the improvement for storm drainge, Project No. 86-21 in the Coon Rapids/Andover/Jay Street Area. BE IT FURTHER RESOLVED by the City Council of the City of Andover that such project would be engineered by by Bennett Ringrose Wolsfeld as ordered by the City of Coon Rapids. BE IT STILL FURTHER RESOLVED that the City Council intends to negotate a joint powers agreement with the City of Coon Rapids on said project. MOTION seconded by Councilman Lachinski and adopted by the City Council at a Special Meeting this 29th day of July, 1986, with Councilmen Elling, Knight, Lachinski, Orttel, Windschitl voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~h~if (..</ '~.LÛ/ Je Win hit! - Mayor ATTEST: (( Jame{¡ E. Schrantz I \ '\ ~I ~\) ) I J" \ r ¡ ) Extr~ct of Minutes of Meeting of the City Council of the City of Andover, Anoka County, Minnesota Pursuant to due call and notice thereof a ( v.eg:cXX1!Q (special) meeting of the City Council of the City of Andover, Anoka County, Minnesota, was held at the City Hall in said City on Tuesday, July 29, 1986, commencing at 7:30 o'clock P.M. The following members were present: Windschitl, Knight, Elling, Orttel, Lachinski and the following were absent: None *** *** *** The following written resolution was presented by Councilmember Ort tel who moved its adoption. RESOLUTION NO. Rll4-86 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,485,000 GENERAL OBLIGATION REFUNDING IMPROVEMENT BONDS. SERIES 1986C BE IT RESOLVED By the City Council of the City of Andover, Anoka County, Minnesota (City) as follows: l. It is hereby determined: (a) The City is authorized by Minnesota Statutes, Section 475.67, SubdivIsion 3 (Act) to refund obligations and the interest thereon before the due date of the obliga- tions, .~ if c<1n.B.l!¡te!Lt with __ _G.ovepant s. .In.~d.e-_ with u the~~. .--- - ------.---- - ----~~-_._._---. hOÌcters··lh"t "of ,. ~ de!,ermined-br·t1ré"-çrt)'-C-ó-':¡Tftn·~to~ ~ .--.-...... be necessary or desirable for the reduction of debt service cost to the City. .- (b) The City has issued and sold its $4,365,000 General Obligation Improvement Bonds of 1980, Series B, dated October I, 1980 (1980 Bonds). The 1980 Bonds maturing in the years 1991 to and including 2002 are subject to redemption on February 1, 1987 and bear interest at rates far in excess of current rates for municipal bonds. (c) Subdiviaion 4 of the Act permits the sale of refunding obligations during the six month period prior to the date on which the obligation to be refunded shall have been called for redemption. (d) The Council finds that it is necessary to use the authority granted by the Act to issue and sell refund- ing obligations to refund the 1980 Bonds to reduce debt service costs. (e) That it is necessary and expedient to the sound finan- cial management of the affairs of the City to issue $2,485,000 General Ob liga t ion Refunding Improvement Bonds, Series 1986C (Bonds) to refund ::he 1980 Bonds. 2. In order to provide financing for the Improvements, the City shall therefore issue and se 11 Bond s in the amount of $2,438,000. In order to provide in part the additional interest required to market the Bonds at this time, additional Bonds shall be issued in the amount of $47,000, Any excess of the purchase price of the Bonds over the sum of $2,438,000 shall be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on such additional Bonds. The Bonds shall be issued and sold in accordance with the terms of the following Official Notice of Sale: - -.- ---- --------- _.u__,__" '__n ,._. .---. .--- .. ..--.- - "..._--.- <----------. --, --.......-..--. -, --._---- ------ ____.. _."..___.___ _~___'_______n-_.. -- OFFICIAL NOn CE 0 F SALE $2,485,000 General Obligation Refunding Improvement Bonds, Series 1986C City of Andover Anoka County, Minnesota NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota, will receive sealed bids for the purchase of $2,485,000 general obligation refunding improvement bonds of the City at its regular council meeting at 7:30 p.m., C.T. on Tuesday, August 19, 1986. Purpose and Security The purpose of the bonds is to provide funds for the refund- ing of certain outstanding general obligation improvement bonds of the City. The bonds will be general obligations of the issuer, for which its full faith, credit and taxing powers are pledged, together with special assessments against benefited properties. Date and Maturities The bonds will be issued in fully registered form, will be dated August I, 1986, will be in integral multiples of $5,000 each and will mature on August 1 in the following years and amounts: Year Amount Year Amount 1991 $210,000 1997 $210,000 1992 210,000 1998 210,000 1993 210,000 1999 210,000 1994 210,000 2000 210,000 1995 210.000 2001 210,000 1996 210,000 2002 175,000 Redemption The City may elect on August 1. 1997, to prepay Bonds due on and after August I, 1998. Redemption may be in who Ie or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date will be prepaid first. If only part of thE! Bonds having a common maturity date are called for prepayment the specific Bonds to be prepaid will be chosen --.------- ~=IO:t~)I-t:ïieu Registrar. -- -~-. --'-_..' . -.- _n__ -,_.,'-- --~-,--'--- Interest Interest on the bonds will be payable on February 1, 1987, and semiannually thereafter on each August 1 and August 1. All bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for bonds of any subsequent maturity. Each rate must be in an integral multiple of 5/100 of 1%, and no rate of interest nor the net eftective average rate of the issue may exceed the maximum rate of interest permitted by law on the day of sale. Paying Agent The City will name the Registrar which shall be subject to applicable SEC regulations. Principal will be payable at the prin- cipal 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 will assume no obligation for the assignment or printing of CUSIP numbers on the bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby, Delivery Within 40 days after sale, the City will furnish and deliver to the office of the purchaser or, at its option, will deposit with a bank in the United States selected by it and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed and executed bonds, the unqualified opinion thereon of bond counsel, and a certificate stating that no li t iga tion in any manner questioning their validity is then threatened or pending. The charge of the delivery agent must be paid by the purchaser, but all other costs will be paid by the City. The purchase price must be paid upon delivery of the bonds in funds available for expenditure by the City on the day of payment. The City expects to deliver the Bonds prior to September I, 1986. Legal Opinion An unqualified legal opinion on the bonds will be furnished by LeFevere, Lefler, Kennedy, OIBrien & Drawz, a Professional Associa- tion of Minneapolis, Minnesota. The legal opinion will be printed on the bonds at the request of the purchaser. The legal opinion will ......... _._. __:.:,S.t.ate. tnaLthp hnn.io..are .validß.nd...biruJing...general obligatioriicT'the City, payable primarily from spÚial assessments against benefited property, and that the City is obligated and required 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 and must be received prior to the time of said meeting. Each bid must be unconditional and must be accompanied by a cashier's or certified check or bank draft in the amount of $49,700, payable to the City Clerk-Treasurer, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid authorizing the lowest net interest cost (total interest from date of bonds to stated maturities, less any cash premium or p~us any a~ount less than $2,485,000 offered for principal) will be deemed the most favorable. No oral bid and no bid of less than $2,438,000 for princi- pal plus accrued interest on all of the bonds will be considered, and the City reserves the right to reject any and all bids and to waive any informality in any bids. BY ORDER OF THE CITY COUNCIL /s/ James E. Schrantz City Clerk-Treasurer Dated; July 24, 1986. _ __u_._.·.._ _"____ -. ------ _n_' .--,- -_.....__.......~- ----- -..----- " "'-... ---'- 3. The City Clerk-Treasurer is authorized and directed to advertise the Bonds for sale in accordance with the foregoing Official Notice of Sale and to cause the abbreviated notice of sale attached hereto as Exhibit A, to be published in the manner required by law. The City Council shall meet on Tuesday, August 19, 1986, at 7:30 o'clock p.m. for the purpose of considering bids on the Bonds and taking any other appropriate action. . The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ellinq and upon vote being taken thereon, the following voted in favor of the motion: Windschitl, Elling, Orttel, Lachinski, Knight and the following voted against: None whereupon said resolution was declared duly passed and adopted. ., .-,---- ... ..-...-----..-, -. EXHIBIT A NOTICE OF BOND SALE $2,485,000 GENERAL OBLIGATION REFUNDING H!PROVEMENT BONDS, SERIES 1986C CITY OF ANDOVER, MINNESOTA ANOKA COUNTY NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota, will receive sealed bids for the purchase of $2,485,000 general obligation refunding improvement bonds of the City at it s regula r council meeting at 7:30 p.m., C.T. on Tuesday, August 19, 1986. The Bonds will be dated August 1, 1986, will· bear interest payable semi-annually on each February 1 and August 1 to maturity, commencing February 1, 198/ , and will mature on August ¡ in the amounts and years as follows: Year Amount Year Amount 1991 $210,000 1997 $210,000 1992 210,000 1998 210,000 ¡ 99 3 210 ,000 1999 210,000 1994 210,000 2000 210,000 1995 210,000 2001 210,000 1996 210,000 2002 175,000 Bonds maturing after August 1, 1997 will be subj ect to redemption and prepayment on that date and on any interest payment date thereafter at a price of par plus accrued interest to the date of redemption. No rate of interest nor the net effective rate of the issue may exceed the maximum rate permitted by law. Proposals must specify a price of not less than· $2,438,000 plus accrued interest. A legal opinion on the Bonds will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota. The proceeds of the Bonds will be used to refund certain outstanding general obligation improvement bonds of the City, Bidders should be aware that the Official Statement to be published for the Ronds may contain additional b idd ing terms and information relative to the Bonds. In the event of a variance between statements in Li.is Notice of Bond Sale and said Official Statement, the provi- sions of the latter shall be those to be complied with. BY ORDER OF THE CITY COUNCIL 1st James F.._$~hrant~ .--. ------.._-- --City-Clerk-Treasurer Dated: July 24, 1986~ STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk-Treasurer of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of a (regular) (special) meeting of the City Council of said City held on Tuesday, July 24, 1985, with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same relates to the issuance and sale of $2,485,000 General Obligation Refunding Ic!provement Bonds, Series 1986C, of the City, ~ITNESS My hand as such City Clerk-Treasurer and the corpo- rate seal of the City this 4th day of August . 1986. 'J ( Clerk-Treasurer of Andover, Minnesota ,,/' (SEAL) 05750786.ra2 .. --------. ...·_..u ~.- .-_.~ - ,"--'-"-------"-,.--- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R1I5-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION DECLARING COST FOR RE-ASSESSMENT OF PROJECT 85-5 AND DECLARING COST FOR PROJECT 86-8, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVE- MENT OF WATERMAIN, SANITARY SEWER, STORM DRAINAGE AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT NO. 85-5 AND PROJECT NO. 86-8. WHEREAS, a contract has been entered into for the improvement of watermain, sanitary sewer, storm drainage and bituminous street construction, Project 85-5 and Project No. 86-8, in the Woodland Terrace area, and the contract price for such improvement is $485,340.69 and the expenses incurred or to be incurred in the making of such improvement amount to $113,154.00 and work previously done amount to $ll9,755.3l, so the total cost of the improvement will be $7l8,250.08. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the portion of the cost of such improvement to be paid by the city is hereby declared to be $6,484.00 and the cost to be assess- ed against benefitted property owners is declared to be $7ll,766.08. BE IT FURTHER RESOLVED that 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 he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at 7:30 P.M., Tuesday, August 19, 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman Lachinski and adopted by the City Council at a Special Meeting this 29th day of Julv , 1986, with Councilmen Elling, Knight. Lachinski. Orttel. Wíndschitl voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ tv ~ æ,-4Z¡?7 r J ry W dschitl - Mayor - City CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R1l6-86 A RESOLUTION CALLING FOR A PUBLIC HEARING RELATING TO THE MODIFICATION OF THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT #1, EXPANSION OF DEVELOPMENT DISTRICT 1, THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN AND ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT #1-2, WITHIN DEVELOPMENT DISTRICT 1. BE IT RESOLVED by the City Council of the City of Andover as follows: Section 1. Public Hearing. This Council shall meet on August 21, 1986 at 7:30 o'clock p.m., to hold a public hearing on the following matters: (a) the modividaion of the development program for Development District #1, (b) the expansion of Development District 1, (c) the adoption of the tax increment financing plan and establishment of Tax Increment Financing District # 1-2, within Development District 1. Section 2. Notice of Hearing; Filing of Plans. The Clerk- Treasurer is authorized and directed to cause notice of the hearing, substantially in the form attached hereto as Exhibit A, to be given as required by Law, and to place a copy of the proposed Development Program and the Tax Increment Financing Plan on file at the City Hall and to make such plans available for inspection by the public. Section 3. Referral to Planning Commission. The Clerk-Treasurer is authorized and directed to transmit a copy of the Development Program to the Planning Commission of the City and to request the Planning Commission to consider and comment on whether the Development Program is in accordance with the comprehensive plan of the City. Adopted by the City Council of the City of Andover, Minnesota on July 29, 1986. CITY OF ANDOVER ~ /£U'þ7-~ ATTEST: J rY~Schitl - Mayor C. Schrantz CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 117 -86 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF NIGHTINGALE ESTATES 3RD ADDITION LOCATED IN SECTION 22-32-24 BEING DEVELOPED BY ESTER OLSON AND GARY DEHN, WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on the Prel iminary PI at of Nightingale Estates 3rd Addition; and WHEREAS, as a resul t of such hearing and review, the Planning and Zoning Commission i s recommendation as being 1) it is in conformance with the Comprehensive Plan; 2 ) the plat has been reviewed by the City Engineer; and WHEREAS, the City Council acknowledges that a recommendation has been received from the Park Board to accept cash in lieu of land. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Nightingale Estates 3rd Addition, noting the following: 1. Lots 3 and 4, Block 1 wi 11 require a variance for lot frontage, 2. Lots 1 and 2, B 10 c k 1 , Lot 5, Block 2, Lots 1 , 2, and 3, Block 3 require variances for lot area due to the inclusion of the stub st, Uplander going to the south. 3. Lot 4, Block 2 frontage will be on 153rd Lane, 4, A temporary turnaround on 153rd Lane wi 11 be constructed. Adopted by the City Council of the City of Andover the 5th day of August , 1986, CITY OF ANDOVER ,lI.TTEST: ~~~ Lv' /2 /.d7 J ry ndschi tl - Mayor 11'M9 ~, 1~< James r; Schrantz - City Clerk ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 118-86 A RESOLUTION APPROVING A VARIANCE REQUESTED BY GARY AND JANET GILPIN TO BUILD A 996 SQUARE FOOT HOUSE IN AN AREA ZONED FOR l200 SQUARE FEET IN SECTION 05-32-24. WHEREAS, the Planning and Zoning Commission has reviewed the request of Gary and Janet Gilpin to vary from the provisions of Ordinance 8, Section 6.02, requiring a l200 square foot house; and WHEREAS, after such review the Planning and Zoning Commission has recommended approval of the request citing as reasons: l) the other homes in the area are under 1200 square feet; 2) it will not affect the existing or potential use of adjacent land; and WHEREAS, the City Council is in agreement with the reasons given by the Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the variance request of Gary and Janet Gilpin to build a 996 square foot house in an area zoned for l200 square feet (specifically Lots 8 and 9, Block, l, Cedar Crest Estates). Adopted by the City Council of the City of Andover this 5th day of August , 1986. CITY OF ANDOVER ATTEST: ~- / ¿/ . ¿? "".?/ J ry W(lndschitl - Mayor ~ Schrantz erk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R1l9-86 MOTION BY Councilman Lachinski to adopt the following: A RESOLUTION APPROVING THE PRELIMINARY PLAT OF OAK BLUFF AS BEING DEVELOPED BY CONTINENTAL DEVELOPMENT CORPORATION IN SECTION 26-32-24. WHEREAS, pursuant to published notice thereof, the Planning and zoning Commission has conducted a public hearing on the preliminary plat of Oak Bluff; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission is recommending approval of such plat, citing as reasons for such recommendation as being 1) the plat is in conformance with the Comprehensive Plan, and 2) the plat meets the city ordinances; and WHEREAS, the City Council acknowledges that a recommendation has been received from the Park Board for land and cash; and WHEREAS, the City Council furbber acknowledges that the plat has been reviewed by the City Engineer and the Anoka County Highway Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Oak Bluff, noting the following: 1. For purposes of frontage, Lot 4 of Block 1 and Lot 1 of Block 2 will front on 148th Lane. 2. Lots 9 and 10, Block 4 shall have a minimum house pad elevation increased to 894. BE IT FURTHER RESOLVED that approval of the Plat is contingent upon the signing of the legal document regarding the open space. Such document shall include the following: 1. Be a deed to the City with a reversionary interest to the developer at such time as sewer and water becomes available to the property. 2. The City shall provide notice to the developer when sewer and water is, in fact, available to the property. 3. The developer agrees he has one year from the time that city sewer and water become available to the property to develop the open space area into a plat to its final form. In the ~;~tapproval is not obtained within one year from sewer and water availability, the ownership of the open space property will revert to the City to in turn be sold to some other developer R119-86 Continued 4. The developer further agrees to assume the trunk assessment for storm sewer for the entire 80 acres at the time of development of the open space area, with the ponding area within that open space being used for this plat to be removed when said open space is developed. 5. The open space area being deeded to the City can be used for public purposes such as park, playground or public utility until such time as said open space reverts back to the developer. BE IT STILL FURTHER RESOLVED that said legal document regarding the open space is to be presented to the Council for approval prior to the signing by the Mayor and Clerk. MOTION seconded by Councilman Elling and adopted by the City Council at a Regular Meeting this 5th day of August, 1986, with Councilmen Elling, Lachinski, Orttel, Windschitl (Knight - Absent) voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Jerry Windschitl - Mayor ATTEST: ç CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 120-86 A RESOLUTION APPROVING A VARIANCE REQUESTED BY ANDOVER PARTNERS FROM THE PROVISIONS OF ORDINANCE 8, SECTION 8.08 (C)(3), PARKING, ON PROPERTY KNOWN AS LOT 2, BLOCK 3, ANDOVER COMMUNITY SHOPPING CENTER. WHEREAS, the Planning and Zoning Commission has reviewed the variance request of Andover Partners to reduce the size of the parking stalls from lO' x 20' to 9' x l8' on Lot 2, Block 3, Andover Community Shopping Center; and WHEREAS, after such review the Commission has recommended approval of the request, citing as reasons: l) it will not adversely affect the existing or potential use of adjacent land; 2) it is not in conflict with the Comprehensive Plan; 3) It is a better use of the land; and WHEREAS, the City Council is in agreement with the reasons given by the Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the variance requested by Andover Partners from the provisions of Ordinance 8, section 8.08 (C)(3), Parking, to reduce the size of parking stalls from lO' x 20' to 9' x l8' . Adopted by the City Council of the City of Andover this 5th day of August , 1986. CITY OF ANDOVER ATTEST: ~... ~ tV L ~ J ry ·ndschitl - Mayor ity Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 121-86 A RESOLUTION APPROVING A VARIANCE REQUESTED BY ANDOVER PARTNERS FROM THE PROVISIONS OF ORDINANCE 8, SECTION 8.04, LANDSCAPING ON PROPERTY KNOWN AS LOT 2, BLOCK 3, ANDOVER COMMUNITY SHOPPING CENTER. WHEREAS, the Planning and Zoning Commission has reviewed the variance request of Andover Partners to reduce the landscape area along Round Lake Boulevard and Bunker Lake Boulevard from 20 feet to l5 feet on Lot 2, Block 3, Andover Community Shopping Center; and WHEREAS, after such review the Commission has recommended approval of the request, citing as reasons: l) It is not in conflict with the Comprehensive Plan; 2 ) It will not adversely affect existing or potential use of adjacent land; 3 ) it is a more reasonable use of the land; and WHEREAS, the City Council is in agreement with the reasons given by the Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the variance requested by Andover Partners from the provisions of Ordinance 8, Section 8.04, Landscaping, allowing for l5 feet of landscape area along Round Lake Boulevard and Bunker Lake Boulevard. Adopted by the City Council of the City of Andover this 5th day of August , 1986. CITY OF ANDOVER ATTEST: ~ ___;;..; .æ. -d~é/ J ry Uindschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO, R122-86 MOTION by Councilman Lachinski to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 86-3, WATERMAIN AND SANITARY SEWER CONSTRUCTION IN THE BUNKER LAKE BLVD AND HANSON BLVD AREA, WHEREAS, pursuant to Resolution No. R067-86, adopted by the City Council on the 3rd day of June, 1986, TKDA has prepared final p 1 an s and specifications for Watermain and Sanitary Sewer Construction; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications for Project No. 86-3 for Watermain and Sanitary Sewer Construction. BE IT FURTHER RESOLVED by the City Council of the Ci ty 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, Thrusday, September 4, 1986 at the Andover City Hall, 1685 Crosstown Blvd. MOTION seconded by Councilman Orttel and adopted by the City Council at a Regular Meeting this 5th day of August, 1986 with Councilmen Elling, Lachinski, Orttel, Windschitl (Elling - Absent) voting in favor of the resolution and Councilmen none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ~~ I~/ £~~ Je y W ndschi tl - Mayor ATTEST: ( ~A/~IJ Jame Schrantz - Cit Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R123-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO, 86-12, FOR 154th LANE AND NIGHTINGALE ESTATES 3rd ADDITION STREET CONSTRUCTION, WHEREAS, pursuant to Resolution No, R107-86, adopted by the City Council on the 17th of July, 1986, Bonestroo, Rosene, Aderlik & Asso" I n c . has prepared final p 1 an s and specifications for Street Construction on 154th Lane and Nightingale Estates 3rd Addition; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 5th day of August, 1986. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications for Project No, 86-12 for Nightingale Estates and 154th Lane Street Construction. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek bids as required by law, with such bids to be opened at 10:00 A.M. Friday, August 29, 1986 at the Andover City Hall, 1685 Crosstown Blvd. MOTION seconded by Councilman Orttel and adopted by the City Council at a Regular Meeting this 5th day of August, 1986 with Councilmen Elling, Lachinski, Orttel, Winds chit 1 (Elling-Absent) voting in favor of the resolution and Councilmen none against same whereupon said resolution was declared passed. CITY OF ANDOVER ~ ./ ;fstr; .~ h'Q J rry ~in sc itl - Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R124-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR NO. 86-7, FOR 164th LANE STREET CONSTRUCTION. WHEREAS, pursuant to Resolution No. RI06-86, adopted by the City Council on the 17th day of July, 1986, Bonestroo, Rosene, Anderl i k & Asso., I nc. has prepared final plans and specifications for Street Construction on 164th Lane; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 5th day of August, 1986, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications for Project No. 86-7 for 164th Lan.e Street Contruction. BE IT FURTHER RESOLVED by the City Council of the City 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 29, 1986 at the Andover City Hall, 1685 Crosstown Bl vd. MOTION seconded by Councilman Lachinski and adopted by the City Council at a Regular Meeting this 5th day of August, 1986 with Councilmen Elling, Lachinski, Orttel, Winds chit 1 (Elling - Absent) voting in favor of the resolution and Councilmen none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ~,- /' tvJ-~¿aY J ry ¡Ii ndschi tl - Mayor ATTEST: James CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R125-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO H & S COMPANY FOR PROJECT NO. 85-1 FOR THE IMPROVEMENT OF STREET CONSTRUCTION IN THE FOLLOWING AREA: CEDAR HILLS RIVER ESTATES, WHEREAS, pursuant to a written contract signed with the City of Andover on May 21, 1985 H & S Asphalt Company of Anoka, Minnesota has satisfactorily completed the following improvement of watermain and sanitary sewer construction in accordance with such contract. N OL~, THEREFORE, BE IT RESOLVED by the City of Andover, Minnesota. The work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk arid MByor 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 Lachinski and adopted by the City Council at a Regular Meeting this 5th day of August, 1986 with Councilmen Elling, Lachinski, Orttel, Windschitl (Elling-Absent) voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ~......__/ Lv - ¿J. ~ Je ry W61ndschi tl - Mayor ATTEST: (. JameJ E, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R l26-86 A RESOLUTION DECLARING USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. WHEREAS, the City of Andover has determined the area along Bunker Lake Boulevard (junkyard area) is experiencing blighted conditions; and WHEREAS, acquisition, demolition, cleaning and improvements to the land are desirable; and WHEREAS, it is the Council's desire to use Community Develop- ment Block Grant funds to improve the blighted conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to use its Community Development Block Grant funds for acquisition, demolition, cleaning and improvements to the land for the blighted area along Bunker Lake Boulevard between Thrush Street and Hanson Boulevard. Adopted by the City Council this -n+ day of !f.u<${).s/ ~- , 1986. CITY OF ANDOVER ATTEST: ~~ ~ ~' ¿¿ ~ J ry @indschitl - Mayor 'PC- J: mes E. Schrantz Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R127-86 A RESOLUTION APPOINTING JUDGES FOR THE PRIMARY ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 9, 1986 IN THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The persons shown below are hereby appointed as Election Judges for the Primary Election to be held on Tuesday, September 9, 1986 in the City of Andover: Precinct #1 - Grace Lutheran Church, 13655 Round Lake Boulevard N.W. Lois Benson - Chief IR Micki Harris DFL Leone Struvwe - Assistant Chief DFL Verna Hennen IR Ronald Alto - DFL Karen Larson IR Carol Bradley DFL Sue Richert DFL Judy Florman DFL Carole Santer DFL Lois Granstrom IR Wanda Schreiner DFL Jan Greer IR Jo Zillhardt IR Precinct #2 - Crooked Lake School - 2939 Bunker Lake Boulevard N.W. Barbara Evans - Chief IR Judy Seeman IR Rene Kroll - Assistant Chief DFL Cleo Smith DFL Kay Funk IR Ellen Wirkus DFL Precinct #3 - Andover City Hall, 1685 Crosstown Boulevard N.W. Mary West - Chief DFL Josephine Anne Rounds DFL Lois Spadgenske - Assistant Chief IR Cindy Ryhn DFL Suzanne Aldrich DFL Mary Lou Sigfrid IR Eleanor Apel DFL Loretta Sunderland DFL Mary Gwinn IR Mary VanderLaan IR Karen Peterson IR Precinct #4 - Family of Christ Lutheran Church , 16045 Niqhtinqale Street N.W. Mary Ann Bolster - Chief DFL Esther Haas IR Sharon Rzeszutek - Assistant Chief IR Susan Rylander DFL Lillian Barten IR Judy Snyder IR L. Mary Boyum DFL Mary White DFL Cindy Brostrom DFL BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby establish judges' salaries as: Chief Judges - $5.50, Election Judges $5.00 per hour. Adopted by the City Council of the City of Andover this 13th day of Auqust , 1986. CITY OF ANDOVER ATTEST: ~' ¿ b/ &1 t>tff"'/ J Y w· dschltl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl28-86 A RESOLUTION RESCINDING RESOLUTION NO. R057-86, ADOPTED BY THE CITY COUNCIL ON MAY 20, 1986. WHEREAS, the City Council adopted a resolution approving a lot split for Norbert Tempel for the property described as PIN 33 32 24 3l 0020; and WHEREAS, Mr. Tempel has requested that the lot split be rescinded. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that Resolution No. 057-86 be rescinded. Adopted by the City Council of the City of Andover this 13th day of Auqust , 1986 by unanimous vote. CITY OF ANDOVER ~ tv~~ Je ry W dschitl - Mayor ATTEST: Jam ty Clerk August 6, 1986 City of Andover l685 Crosstown Boulevard N.W. Andover, Minnesota Gentlemen: I hereby request the City Council to rescind the lot split that was approved by the Andover City Council May 20, 1986.for the property known as Lot 1, Block 1, Country Estates. Norbert Tempel ~~µ ~ß CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO, R132-86 MOTION by Councilman to adopt the following: A RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN, WHEREAS, the City Council of the City of Andover has heretofore determined that it is in the interests of the City to construct public utilities along Bunker Lake Boulevard from Verdin Street to Drake Street, IP 86-3; :and WHEREAS, it is necessary to acquire certain easements near Bunker Lake Boulevard between Verdin Street and Drake Street for construction of utilities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA AS FOLLOWS: l. Acquisition by the City of a utility easement over the property described in Exhibit A attached hereto and made a part hereof is necessary for the purpose and construction of utility improvements. 2. The City Attorney is authorized and directed on behalf of the City to acquire a utility easement over, across and under the property described in such Exhibit A by exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter 117. The City Attorney is further authorized to take all actions necessary and desirable to carry out the purpose of this resolution, MOTION seconded by Councilman and adopted by the City Council at a Meeting this 19th day of August , 1986 with Councilmen voting in favor of the resolution and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~ /' ¿",." ...~ Je 1"'W&ndschi tl - Mayor ATTES James /~i7 ., I EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER COUNTY OF ANOKA, 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 the City of Andover, . 1986, on Tuesday, August 19, commencing at 7:30 o'clock p.m., C.T. The following members of the Council were present: Windschitl, Lachinski, Knight, Orttel, Elling ,- and the following were absent: None *** *** *** The Mayor announced that the meeting was convened for the consider- ation of the bids which had been received for the purchase of the City's $2,485,000 General Obligation Refunding Bonds, Series 1986C, as advertised for sale. The City Clerk-Treasurer presented affidavits showing publica- tion of notice of sale in the City's official newspaper and in Commercial West, a financial paper published in Minneapolis, Minnesota, which affida- vits were examined, found satisfactory and ordered placed on file. The City Clerk-Treasurer 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: Premium Names of Interest Rates Total Average or Bidders Years Rate Interest Rate Discount Piper, Jaffray & 1991 6.00% $1,839,705 7.1031 $39,760 Hopwood, Inc. 1992 6.10 1993 6.25 1994 6.50 1995 6.70 1996 6.90 1997 7.00 1998 7.10 1999 7.20 2000 7.25 2001 7.30 2002 7.40 First St. Paul 1991 6.00% $1,844,710 7.1224 $44,730 1992 6.15 ,.- 1993 6.30 1994 6.50 1995 6.70 1996 6.90 1997 7.00 1998 7.10 1999 7.20 2000 7.30 2001 7.30 2002 7.30 After due consideration of the bids, Councilmember Orttel in- troduced the following resolution and moved its adoption: RESOLUTION NO. 86 -133 RESOLUTION AWARDING THE SALE OF $2,485,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 1986C; 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, Minnesota, (City) as follows: Section 1. Sale of Bonds. . 1.01. The bid of Piper, Jaffray & Hopwood, Inc. (Purchaser) to pur- chase $2,485,000 General Obligation Refunding Bonds, Series 1986C (Bonds) of the City described in the Official Notice of Sale thereof is hereby found and determined to be the highest and best bid received pursuant to duly advertised notice of sale and shall be and is hereby accepted, the bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as follows: Year of Interest Year of Interest Maturity Rate Maturity Rate 1991 6.00% 1997 7.00% 1992 6.10 1998 7.10 1993 6.25 1999 7.20 1994 6.50 2000 7.25 1995 6.70 2001 7.30 1996 6.90 2002 7.40 Net Effective Interest Rate: 7. 1031 The Clerk-Treasurer is directed to retain the good faith check of the Purchaser pending completion of the sale and delivery of the Bonds, and to return the -~ecks of the unsuccessful bidders forthwith. The sum of $7,240 being the amount offered by the Purchaser in excess of $2,438,000 shall be credited to the Debt Service Fund created by Section 3. 1.02. The City shall forthwith issue and sell the Bonds in the total principal amount of $2,485,000, originally dated as of August I, 1986, the Bonds being in fully registered form and issued in the denomination of $5,000 or any integral multiple thereof, numbered no. Rl upward, bearing ~, interest as above set forth, and which Bonds mature serially on August 1 in the years and amounts as follows: YEAR AMOUNT YEAR AMOUNT 1991 $210,000 1997 $210,000 1992 210,000 1998 210,000 1993 210,000 1999 210,000 1994 210,000 2000 210,000 1995 210,000 2001 210,000 1996 210,000 2002 175,000 The City may elect on August 1, 1997, and any interest payment date thereafter, to prepay in whole or in part in inverse order of maturity, bonds due on or after August 1, 1998 at a price of par plus accrued inter- est. If prepayment is in part the specific bonds to be prepaid will be selected by lot by the Registrar. ,- Section 2. Form: Registration. 2.01. Registered Form. The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to February 1, 1987, in which case such Bond shall be dated as of August 1, 1986. The interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing February 1, 1987, 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 shall appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corpo- rate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, trans- ferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any 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 shall 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) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall 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. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is pre- sented to the Registrar for transfer, the Registrar may refuse to~- transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be 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 all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof suffi- cient to reimburse the Registrar for any tax, fee or other govern- mental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilate: , or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reason- able 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 such 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, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for redemption in accordance with its terms it shall not be 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 regis- tration books kept by the Registrar and by publishing said notice in the manner required by law. Failure to give such notice by publica- tion or by mail to any registered owner, or any defect therein, will not affect the validity of any proceeding for the redemption of Bonds. All Bonds so called for redemption will cease to bear interest after the specified redemption date, provided that the funds for the redemp- tion are on deposit with the place of payment at that time. - 2.04. Appointment of Initial Registrar. The City hereby appoints First Trust Company', Inc. , St. Paul, Minnesota, as the initial Registrar. The Mayor and the Clerk-Treasurer are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consoli- dation of the Registrar with another corporation, if the resulting corpora- tion is a bank or trust company authorized by law to conduct such business, such corporation shall be 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 shall deliver all cash and Bonds in its possession to the successor Registrar and shall deliver the bond register to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the Finance Director shall transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the Clerk-Treasurer and shall be executed on behalf of the City by the signatures of the Mayor and the Clerk- Treasurer, provided that all signatures may be printed, engraved or litho- graphed facsimiles of the originals. In case any officer whose signature or a facsimile of whose signature shall appcor on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or fac- simile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwith- standing such execution, no Bond shall 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 such Bond has been duly executed by the manual šignature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same reptesentative. The executed certificate of authentica- tion on each Bond shall be conclusive evidence that it has been authenti- cated and delivered under this Resolution. When the Bonds have been so [ prepared, executed and authenticated, the Clerk-Treasurer shall deliver the same to the Purchaser thereof upon payment of the purchase price in accor- dance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.06. Form of Bonds. The Bonds shall 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 REFUNDING BOND, SERIES 1986C '- Date of Rate Maturity Original Issue CUSIP - August I, I986 No. R- $ The City of Andover, a duly organized and existing municipal corporation in Anoka County, Minnesota (City) , acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable February 1 and August 1 in each year, com- mencing February 1, 1987, to the person in whose name this Bond is regis- tered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month. The interest hereon and, upon presentation and surrender hereof, the principal he¡,;,;of are payable in lawful money of the United States of America by check or draft by , as Bond Registrar, Transfer Agent, Authenticating Agent and Paying 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 August 1, 1997, and any interest payment date thereafter, to prepay in whole or in part in inverse order of maturity, [ bonds due on or after August 1, I998 at a price of par plus accrued inter- est. If prepayment is in part the specific bonds to be prepaid will be selected by lot by the Registrar. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth in this place. This Bond shall 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 shall have 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-Treasurer and has caused this Bond to be dated as of the date set forth below. Dated: . CITY OF ANDOVER, MINNESOTA (facsimile) (facsimile) City Clerk-Treasurer Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. By Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $2,485,000, all of like original date and tenor, except as to number, maturity date, interest rate, and provision for redemption issued pursuant to a resolution adopted by the City Council on August 19, 1986 (the Resolu- tion), for the purpose of refunding pursuant to Minnesota Statutes, Section 475.67, certain outstanding general obligation improvement bonds of the City heretofore issued to provide money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429 and is payable primarily from ., [ special assessments against property specially benefited thereby, but constitutes a general obligation of the City and, to provide moneys for the prompt and full payment of said principal and interest as the same become due, the full faith and credit of the City is hereby irrevocably pledged, and the City Council will levy ad valorem taxest if required for such purpose, which taxes may be levied on all of the taxable property in the City without limitation as to rate or amount. The bonds of this series are issued only as fully registered bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's 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 shall 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-Treasurer .. The following abbreviations, when used in the inscription of 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 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 wi thin Bond in every particular, with- out 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 2.07. The Clerk-Treasurer shall obtain a copy of the proposed approv- ing legal opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Profes- sional Association, Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the Clerk-Treasurer in substantially the form set forth in the form of ¡- Bond. The Clerk-Treasurer is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. Section 3. Security: Payment. 3.01. The Bonds shall be payable from the Improvement Bonds, Series 1986C Fund (Debt Set'V'ice Fund) hereby created, and the proceeds of any general taxes hereafter levied and special assessments (Assessments) levied and to be levied for the improvements (Improvements) financed by the Bonds are hereby pledged to the Debt Set'V'ice Fund. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money in the Debt Service Fund to pay the same, the Clerk-Treasurer shall pay such principal or interest from the general fund of the City and such fund may be reimbursed for such advances out of proceeds of Assessments for the Improvements when collected. 3.02. The Bonds are issued to refund those bonds maturing on February 1 in the years 1991 through 2002 of the City's $4,365,000 General Obliga- tion Improvement Bonds of 1980, Series B (1980 Bonds). The Debt Service Fund established for the 1980 Bonds is continued until February 1, 1991 at which time that Debt Service Fund shall be closed and any balance therein transferred to the Debt Service Fund for the Bonds. The pledge of Assess- ments made in Section 3.01 is on a parity with the pledge of Assessments made for the 1980 Bonds and the Assessments shall be paid pro ~ to the Debt Service Fund for the Bonds and the Debt Service Fund for the 1980 Bonds at such times and amounts as are necessary to provide for the prompt payment of principal and interest on the 1980 Bonds and the Bonds. 3.03. It is hereby determined that the estimated collections of Assessments for the payment of the Bonds will produce at least five percent in excess of the amount needed to meet, when due, the principal and inter- est payments on the Bonds and that no tax levy is needed at this time. The City Clerk-Treasurer is directed to file a certified copy of this resolu- tion with the Director of Property Taxation of Anoka County, and obtain the certificate required by Minnesota Statutes, Section 475.63. 3.04. It is hereby determined that the Improvements financed by the Bonds directly and indirectly benefit the abutting property, and the City hereby covenants with the holders from time to time of the Bonds as fol- lows: (a) The City has caused the Assessments for the Im- provements to be levied and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby re-authorized. The City Council shall 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 Improvements financed wholly or partly from the pro- ceeds of 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 any current or anticipated defi- ciency in the Assessments and Taxes, the City Council will levy ad valorem taxes in the amount of said current or anticipated deficiency. (c) The City will keep complete and accurate books and records showing all receipts and disbursements in connection with the Improvements, the Taxes and Assessments levied therefor and other funds appropriated for their payment, and all collections thereof and disbursements therefrom, moneys on hand and 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. Section 4. Authentication of Transcript: Miscellaneous. 4.01. The officers of the City are hereby authorized and direct- ed 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 know- ledge 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, shall be deemed representations of the City as to the facts stated therein. 4.02. The Mayor - and Clerk-Treasurer hereby authorized and are directed to certify that they have examined the Official Statement dated July 29, 1986, 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, as of the date thereof, a complete and accurate representation of the facts and representations made therein as it relates to the City. 4.03. 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 1~54, as amended (the Code), and the Treasury Regulations promulgated thereunder, and that it will comply with all provisions of H.R. 3838 in the form in which it was adopted by the United States House of Representatives on December 17, 1985, to maintain the tax-exempt status of interest on the Bonds. In the event H.R. 3838 is not finally adopted in the form referred to above, or in any form, or the effective date of provisions of H.R. 3838 affecting the Bonds are delayed beyond the date of delivery of the Bonds, the covenants in this Section 4.03 will be of no further force or effect. The City designates the Bonds as "qualified tax exempt obligations" . within the meaning of Section 802(e) of H.R. 3838 as part of the City's $10,000,000 limitation on such obligations. 4.04. There are hereby called for redemption and prepayment in accordance with their terms on February I, 1987 those bonds of the 1980 Bonds of the City maturing on February 1 in the years and amounts as follows: Year Amount Year Amount 1991 $210,000 1997 $370,000 1992 230,000 1998 200,000 1993 250,000 1999 230,000 1994 275,000 2000 255,000 1995 305,000 2001 280,000 1996 330,000 2002 305,000 The City Clerk-Treasurer is authorized and directed to publish notice of call for redemption of the bonds so redeemed in the manner and at the time required by law. 4.05. In order to conform to the requirements of Minnesota Statutes, Section 475.54 the maturity schedule of the Bonds is combined with the maturity schedule of the City's $1,795,000 General Obligation Improvement Bonds, Series 1986A, dated July 1, 1986. 4.06. Pending the preparation of definitive Bonds, the Mayor and Manager may execute, authenticate and deliver a temporary Bond or Bonds which are printed, lithographed, typewritten, mimeographed, or otherwise produced, in any denomination, substantially of the tenor of the definitive Bonds in lieu of which they are issued, in registered form, and with such appropriate insertions, omissions, substitutions and other variations as the officers executing such Bond or Bonds may determine, as evidenced by their signing of such Bond or Bonds. If a temporary Bond or Bonds are issued, the City shall cause definitive Bonds to be prepared without unreasonable delay. After the preparation of definitive Bonds, the tempo- rary Bond or Bonds shall be exchangeable for definitive Bonds upon surren- der of the temporary Bond or Bonds at the principal office of the Regis- trar, without charge to the holder. Upon surrender for cancellation of any one or more temporary Bonds the City shall execute and the Registrar shall authenticate and deliver in exchange therefor a like principal amount of definitive Bonds of authorized denominations. Until so exchanged the temporary Bond or Bonds shall in all respects be entitled to the same benefits under this Resolution as definitive Bonds, and interest thereon, when and as payable, shall be paid to the holders of temporary Bonds upon presentation thereof for notation of such payment thereon. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember F.llina and upon vote being taken thereon, the following voted in favor thereof: Windschitl, Knight, Lachinski, Orttel, Elling . and the following voted against: 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- Treasurer of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Tuesday, August 19, 1986, with the original thereof on file in my office and I further certify that the same is a full, true and complete transcript therefrom insofar as the same: relates to the issuance and sale of the City's $2,485,000 General Obliga- tion Refunding Bonds, Series 1986C. WITNESS My hand as Clerk-Treasurer and the corporate seal of the City this 76~ day of /}vt'ýY5T , 1986. , ¿:. y Clerk-Treasurer ity of Andover, Minnesota (SEAL) 05750886.RAW ~ Gf\ Extract of minutes of Meeting of the City Council of the City of Andover, Anoka County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was held at the . City Hall in said City on Tuesday, August 19, 1986, commencing at 7:30 o'clock P.M. The following members were present: Elling, Knight, Orttel, Lachinski, and Windschitl and the following were absent: None * * * * * * * * * The following resolution was presented by Councilmember Orttel who moved its adoption: RESOLUTION NO. 86-135 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,600,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986B BE IT RESOLVED By the City Council of the City of Andover, Anoka County, Minnesota (City) as follows: 1. It is hereby determined: (a) That 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: Project Designation & Description Total Project Cost Project 86-3 Trunk Sewer and Water Bunker Lake Blvd. and Hanson Blvd. $ 960,500 Project 86-7 164th Lane 34,615 Project 86-9 Woodland Terrace 4th & 5th Addition 484,648 Project 86-10 Hidden Creek 3rd Addition 361,759 Project 86-12 154th Street 84,615 Project 86-17 Crosstown Water Extension 30,769 Engineering Costs (6%) 312,353 Contingencies (4%) 72,327 Administrative Expense (2%) 39,138 Legal Expense (2%) 39,138 Fiscal Expense (2%) 39, 138 Capitalized Interest 91,000 Capitalized Interest 50,000 Total $2,600,000 (b) That it is necessary and expedient to the sound financial management of the affairs of the City to issue $2,600,000 General Obligation Improvement Bonds, series 1986B (Bonds) to provide financing for the Improvements. 2. In order to provide financing for the Improvements, the City shall therefore issue and sell Bonds in the amount of $2,550,000. In order to provide in part the additional interest required to market the Bonds at this time, additional Bonds shall be issued in the amount of $50,000. Any excess of the purchase price of the Bonds over the sum of $2,550,000 shall be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on such additional Bonds. The Bonds shall be issued and sold in accordance with the terms of the following Official Notice of Sale·: OFFICIAL NOTICE OF SALE $2,600,000 General Obligation Improvement Bonds, Series 1986B City of Andover Anoka County, Minnesota NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota, will consider sealed bids for the purchase of $2,600,000 General Obligation Improvement Bonds of the City at a regular Council meeting on Tuesday, September 16, 1986, at 7:30 o'clock p.m., C.T. on the following terms. Purpose and Security The purpose of the bonds is to provide funds for the financing of various 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 bene- fitted property. Date and Maturities The bonds will be issued in fully registered form will be dated October 1, 1986, will be in integral multiples of $5,000 each and will mature without option of prior payment on October 1 in the following years and amounts: Year Amount Year Amount 1987 $190,000 1992 $240,000 1988 215,000 1993 265,000 I989 240,000 1994 290,000 1990 240,000 1995 340,000 1991 240,000 1996 340,000 Interest Interest on the bonds will be payable on April 1, 1987, and semiannu- ally thereafter on each April 1 and October I. All bonds maturing on the same date must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for bonds of any subsequent maturity. Each rate must be in an integral multiple of 1/20 of 1%, and no rate of interest nor the net effective average rate of the issue may exceed the maximum rate of interest permitted by law on the day of sale. Paying Agent The City will name the Registrar which shall 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 reason- able and customary charges for the services of the Registrar. CUSIP Numbers The City will assume no obligation for the assignment or printing of CUSIP numbers on the bonds or for the correctness of any numbers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. Delivery Within 40 days after sale, the City will furnish and deliver to the office of the purchaser or, at its option, will deposit with a bank in the United States selected by it and approved by the City as its agent to permit examination by and to deliver to the purchaser_ the printed and executed bonds, the unqualified opinion thereon of bond counsel~ and a certificate stating that no litigation in any manner questioning their va1ídity 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 LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association of 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 benefited property, and that the City is obligated and required 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 and must be received prior to the time of said meeting. Each bid must be unconditional and must be accompanied by a cashier's or certified check or bank draft in the amount of $52,000, payable to the City Clerk-Treasurer, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid authorizing the lowest net interest cost (total interest from date of bonds to stated maturities, less any cash premium or plus any amount less than $2,600,000 for principal) will be deemed the most favorable. No oral bid and no bid of less than $2,550,000 for principal plus accrued interest on all of the bonds will be considered, and the City reserves the right to reject any and all bids and to waive any informality in any bid. BY ORDER OF THE CITY COUNCIL /s/ James E. Schrantz City Clerk-Treasurer Dated: August 20, 1986. 3. The Clerk-Treasurer is authorized and directed to advertise the Bonds for sale in accordance with the foregoing Official Notice of Sale and to cause the abbreviated notice of sale attached hereto as Exhibit A, to be published in the manner required by law. The City Council shall meet on Tuesday, September 16, 1986, to consider bids on the Bonds and take any other appropriate action. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Elling and upon vote being taken thereon, the following voted in favor of the motion: Knight, Windschitl, Lachinski, Orttel, and Elling and the following voted against: none whereupon said resolution was declared duly passed and adopted. NOTICE OF BOND SALE $2,600,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986B CITY OF ANDOVER, MINNESOTA ANOKA COUNTY These bonds will be offered for sale on sealed bids on Tuesday, SEPTEMBER 16, 1986 Bids will be opened and tabulated for consideration and award by the City Council at 7:30 p.m.. C.T., at a regular meeting of the Council on that date. The Bonds will be dated October I, 1986, will bear interest payable semiannually on each April 1 and October 1 to maturity, commencing April I, 1987, and will mature without option of prior payment on October 1 in the amounts and years as follows: Year Amount Year Amount 1987 $190,000 1992 $240,000 1988 .215,000 1993 265,000 1989 240,000 1994 290,000 1990 240,000 1995 340,000 1991 240,000 1996 340,000 No rate of interest nor the net effective rate of the issue may exceed the maximum rate permitted by law. Bidders must specify a price of not less than $2,550,000 plus accrued interest. A legal opinion on the Bonds will be furnished by LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Professional Association, Minneapolis, Minnesota. The proceeds of the Bonds will be used to finance a portion of the costs of various improvement projects in and for the City. Bidders should be aware that the Official Statement to be published 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 said Official Statement, the provisions of the latter shall be those to be complied with. BY ORDER OF THE CITY COUNCIL /. " James E. Schrantz City Clerk-Treasurer Dated: August 20, 1986. . . STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) ) CITY OF ANDOVER ) . I, the undersigned, being the duly qualified and acting City Clerk-Treasurer of the City. of Andover, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of a regular meeting of the City Council of said City held on Tuesday, August 19, 1986, with the original thereof on file in my office and the same is a full, true and correct copy thereof, insofar as the same relates to the issuance and sale of $2,600,000 General Obligation Improvement Bonds, Series 1986B, of the City. WITNESS My h;:d as su~rk-Treasurer and the corporate seal of the City this &.... day of ';.tV , 1986. ~ . Clerk-Treasurer of Andover, Minnesota (SEAL) 05750886.RAU j i CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 136-86 A RESOLUTION REQUESTING ANOKA COUNTY TO CHANGE THE STATE DESIGNATION OF CROOKED LAKE BOULEVARD AND DESIGNATE THE VERDIN STREET ALIGNMENT AS PROPOSED IN THE HIDDEN CREEK PLAT AND THE COON RAPIDS SHENNANDOAH PLAT FROM BUNKER LAKE BOULEVARD TO TH 242. WHEREAS, the City of Coon Rapids and the City of Andover are planning an arterial roadway to replace Crooked Lake Boulevard from Bunker Lake Boulevard to TH 242. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to request Anoka County remove their designation from Crooked Lake Boulevard and to designate the Verdin Street align- ment from Bunker Lake Boulevard to TH 242 as proposed in the Hidden Creek plat within Andover and the Shennandoah plat in Coon Rapids. Adopted by the City Council of the City of Andover this 2lst day of Auqust , 1986. CITY OF ANDOVER ATTES'l' : ~ ltLß~-J~ J ry ndschitl - Mayor ~. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R137-86 A RESOLUTION MODIFYING BY ENLARGEMENT DEVELOPMENT DISTRICT NO.1, MODIFYING BY REDESIGNATION TAX INCREMENT FINANCING DISTRICT NO.1 AND ESTABLISHING AND DESIGNATING TAX INCREMENT FINANCING DISTRICT NO. 1-2 AND APPROVING AND ADOPTING A MOFIDIED DEVELOPMENT PROGRAM, MODIFIED TAX INCREMENT FINANCING PLAN AND A PROPOSED TAX INCREMENT FINANCING PLAN RELATING :rHERE:rO. BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota (the "City"), as follows: \ Section 1. Reci tals. 1.01. It has been proposed that the City modify by enlargement Development District No. 1 within the corporate !imi ts of the City, modify by redesignation Tax Increment Financing District No. 1 and approve a tax increment financing district and proposed tax increment financing plan wi th respect thereto, all pursuant to and in accordance with Minnesota Statutes, Chapter 472A, as amended, and Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended. 1.02. This Council has investigated the facts and has caused to be prepared a proposed modified Development Program (the "Development Program") enlarging Development District No. 1 and defining more precisely the property to be included in Development District No. 1 and describing the action to be undertaken by the City to aid the development and redevelopment of Development District No.1, has caused to ~be prepared a modified Tax Increment Financing Plan redesignating Tax Increment Financing District No. 1 as Tax Increment Financing District No. 1-1 and has caused to be prepared a proposed Tax Increment Financing Plan (the "Tax Increment Financing Plan") defining more precisely the property to be included in the tax increment financing district ("Tax Increment Financing District No. l-2") and other matters relating thereto. 1.03. The City has performed all actions required by law to be performed prior to the modification by enlargement of Development District No. l, the modification by redesignation of Tax Increment Financing District No. 1 and the adoption of Tax Increment Financing District No. l-2 and the adopt i on 0 f the modified Development Program, the modified Tax Increment Financing Plan and the proposed Tax Increment Financing Plan relating thereto, including consultations with Anoka County and Independent School District No. II having taxing jurisdiction over the property proposed to be included in Tax Increment Financing District No. 1-2, a review of the proposed modification to Development District No.1, the proposed modification to Tax Incr:ement Financing District No. 1 and the proposed adoption of Tax Increment Financing District No. 1-2 and the modified Development Program, modified Tax Increment Financing Plan and proposed Tax Increment Financing Plan relating thereto by the City Planning Department and the holding of a public hearing upon published and mailed notice as required by law. 1.04. The Council hereby determines that it is necessary and in the best interests of the City at this time to modify by enlargement Development District No. 1, modify by redesignation Tax Increment Financing District No. 1 to Tax Increment Financing District No. 1-1 and to establish Tax Increment Financing District No. l-2 and to approve and adopt the modified Development Program, the modified Tax Increment Financing Plan and the proposed Tax Increment Financing Plan relating thereto. Section 2. Findings and MOdification of Development District No.1. 2.01. The Council finds. determines and declares that the modification by enlargement of Development District No. 1 and the financing of the modified Development Program by the City pursuant to the Tax Increment Financing Plans is intended and, in the judgment of this Council, its effect will be, to promote the public purposes and accomplish the objectives specified in the modified Development Program, Minnesota Statutes, Section 472A.Ol, and Minnesota Statutes, Sections 273.7l to 273.78, inclusive, as amended. 2.02. Under and pursuant to Minnesota Statutes, Chapter 472A, as amended, and Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended, Development District No. 1 is hereby modified in and for the City. The property included in Development District No. 1 shall be the property described in the modified Development Program for Develoment District No. 1 approved in Section 5 hereof. Section 3. Findings & Modification of Tax Increment Financing District No. 1. 3.01. The Council finds. determines and declares that the modification to Tax Increment Financing District No. 1 redesignating Tax Increment Financing District No. 1 as Tax Increment Financing District No. l-l is necessary and in the best interests of the City. 3.02. Under and pursuant to Minnesota Statutes, Section 273.71 to 273.78, inclusive, as amended, Tax Increment Financing District No. 1 is hereby modified, redesignated and numbered as Tax Increment Financing District No. l-l in and for the City. Section 4. Findings and Establishment of Tax Increment Financing District No. 1-2. 4.01. The Council hereby finds, determines and declares that Tax Increment Financing District No. 1-2 constitutes a "tax increment financing district", as defined in Minnesota Statutes, Section 273.73, Subdivision 9, and further constitutes a "redevelopment district", as defined in Minnesota Statutes, Section 273.73, Subdivision 10. 4.02. The Council further finds, determines and declares that the proposed development, in the opinion of the Council, would not occur sOlely through private investment wi thin the reasonably foreseeable future and, therefore, the Tax Increment Financing Plan conforms to the general plan for the development and redevelopment of the City as a whole; and that the Tax Increment Financing Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of Tax Increment Financing District No. 1-2 by private enterprise. 4.03. The Council further finds, determines and declares that the establishment of Tax Increment Financing District No. 1-2 and the approval and adoption of the Tax Increment Financing Plan by the City is intended and, in the judgment of this Council , its effect will be, to promote the public purposes and accomplish the objectives speci fi ed in the modified Development Program and the Tax Increment Financing Plan, Minnesota Statutes, Section 472A.Ol, and Minnesota Statutes, Sections 273.71 to 273.78, inclusive, as amended. 4.04. The Council further finds, determines and declares that the City made the above findings stated in Section 4 and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 4.05. Under and pursuant to Minnesota Statutes, Section 273.71 to 273.78, inclusive, as amended, Tax Increment Financing District No. 1-2 is hereby approved and established in and for the City. The property included in Tax Increment Financing District No. 1-2 shall be the property described in the Tax Increment Financing Plan for Tax Increment Financing District No. 1-2 approved in Section 5 hereof. Section 5. Adoption of Modified Development ProRram, Modified Tax Increment Financin£ Plan and Proposed Tax Increment Financin£ Plan. 5.0r. The modified Development Program for Development District No. 1, the modified Tax Increment Financing Plan for Tax Increment Financing District l-l and the proposed Tax Increment Financing Plan for Tax Increment Financing District 1-2, presented to the Council on this date, are hereby approved and adopted and shall be placed on file in the office of the Clerk-Treasurer. The modified Development Program and the modified and proposed Tax Increment Financing Plans are in the form attached hereto, and are hereby made a part hereof, entitled "Development Program for Development District No. 1 including Tax Increment Financing Plan for Tax Increment Financing District No. 1-1 and Tax Increment Financing District No. l-2, City of Andover, Minnesota, August 2l, 1986." Section 6. Implementation of Modified Development Pro£ram. 6.0r. The officers of the City, the City's financial advisor and underwriter therefor, and the City's legal counsel and bond counsel are authorized and directed to proceed with the implementation of the modified Development Program and Tax Increment Financing Plans and for this purpose to negotiate, draft, prepare and present to this Council for its consideration all futher plans, resolutions, documents and contracts necessary for this purpose. Adopted by the City Council of the City of Andover, Minnesota, on September 2, 1986. ~~'6' ú/ ð ,,% Mayor Attest: 003lF EXHIBIT A TO RESOLUTION NO. K/:?1-å The reasons and facts supporting the findings for the establishment of Tax Increment Financing District No. 1-2 and the approval and adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 1-2 as required pursuant to Minnesota Statutes, Section 273.74, Subdivision 3 are as follows: 1. Finding that Tax Increment Financing District No. 1-2 is a "redevelopment district" as defined in Minnesota Statutes, Section 273.73, Subdivision 10. 2. Finding that the proposed development, in the opinion of the Council, would not occur solely through private investment wi thin the reasonable foreseeable future and, therefore, the use of tax increment financing is deemed necessary. 3. Finding that the Tax Increment Financing Plan conforms to the general plan for the development or redevelopment of the municipality as a whole. 4. Finding that the Tax Increment Financing Plan for Tax Increment Financing District No. 1-2 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development of Development District No. 1 by private enterprise. 0032F CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R138-86 A RESOLUTION APPROVING THE CONTRACT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF ANDOVER AND THE ANDOVER LIMITED PARTNERSHIP. WHEREAS, the City of Andover has entered into a contract with the Andover Limited Partnership for the redevelopment of the Andover Community Shopping Center; and \'HEREAS , the City of Andover has approved security agree- ments in conjunction with the redevelopment contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to approve the contract and authorize the Mayor and City Clerk to execute the agreement as amended. Adopted by the City Council of the City of Andover this 2nd day of September , 1986. CITY OF ANDOVER ATTEST: ~/ /.¡)' e~-&Z/ J ry ndschitl - Mayor Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R139-86 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF INDIAN MEADOWS 2ND ADDITION BEING DEVELOPED BY NEW GENERATION HOMES (PROGRAMMED LAND, INC.), IN SECTION 19-32-24 AND SECTION 30-32-24. WHEREAS, pursuant to published notice thereof, the Planning and Zoning Commission has conducted a public hearing on the Preliminary Plat of Indian Meadows 2nd Addition; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission is recommending approval of such plat, citing as reasons for such action as being l) the plat is in conformance with the Comprehensive Plan; 2) the plat has been reviewed by the Andover Review Commitee; and WHEREAS, the City Council acknowledges that a recommendation has been received from the Park Board; and WHEREAS, the City Council is in agreement with the reasons given by the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the preliminary plat of Indian Meadows 2nd Addition subject to the following variances being granted: l) Lots land 2 from the frontage requirements of l65 feet at the setback line; 2) Lots l, 2, 3 and 4 for the area requirements as the lots will be less than 2~ acres. BE IT FURTHER RESOLVED that the following items must be completed or provided: l) A deed for l49th Avenue road easement must be provided to the City; 2) An additional assessment of $4,055 must be paid; 3) A deed for the proportionate share of parkland must be provided. Adopted by the City Council this 2nd____ day of September , 1986. CITY OF ANDOVER ~ (¿¿' - <- ~~ / æ. / ':¡Æ ATTEST: J ry Windschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO.R140-86 MOTION by Councilman Ellinq to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 86-7 FOR STREET CONSTRUCTION IN THE AREA OF l64TH LANE EAST OF ROUND LAKE BOULEVARD. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution Rl24-86, bids were received, opened and tabulated according to law for Project No. 86-7, with results as follows: Valley Paving $33,096.00 Albor Construction 34,891.50 Forest Lake Contracting, Inc. 35,l25.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the above bids as shown to indicate Valley Paving as being the apparent low bidder. BE IT FURTHER RESOLVED to hereby direct the Mayor and Clerk to enter into a Contract with Valley Paving in the amount of $33,096.00for construction of Improvement Project No. 86-7 for Street Construction in the area of l64th Lane East of Round Lake Boulevard; 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 insurance and bond requirements met. MOTION seconded by Councilman Orttel and adopted by the City Council at a Reqular Meeting this 2nd day of September , 1986, with Counci1men Windschitl, Ellinq, Kniqht, Orttel, Lachinski voting in favor of the resolution, and Councilmen none voting against, whereupon said resolultion was declared passed. CITY OF ANDOVER r~ ~. tv. ð ....J~~ . rry Windschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R141-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATER- MAIN, SANITARY SEWER, STORM DRAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT NO. 86-1, CREEK RIDGE ESTATES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain, sanitary sewer, storm drainage and bituminous street con- struction, Project No. 86-1 in the Creek Ridge Estates area, and the con- tract price for such improvement is $268, 9l5. 6,8 and the expenses incurred or to be incurred in the making of such improvement amount to $62,086.47 and work previously done amount to $ll8, 652 .,5Q,o that the total cost of the improvement will be $449.654.65. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the portion of the cost of such improvement to be paid by the City is hereby declared to be $2994.60 and the amount of the cost to be assessed against benefited property owners is declared to be $446 , 660.0-5 BE IT FURTHER RESOLVED that 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 he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at 7:30 P.M. , October 2, 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman Knight and adopted by the City Council at a Regular Meeting this 2nd day of September , 1986· with Councilmen Lachinski, Windschitl, Elling, Knight, Orttel voting in favor of the resolution, and Councilmen None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST' #h~j)/?/ dO' .a;V Je y W' dschitl - Mayor James CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl42-86 MOTION by Councilman Knight to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF SANITARY SEWER, STORM DRAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT NO. 86-2, SMITH'S GREEN ACRES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of sanitary sewer, storm drainage and bitum- inous street construction, Project 86-2 in the Smith's Green Acres area, and the contract price for such improvement is $42,208.83 , and the expenses incurred or to be incurred in the making of such improvement amount to l2,435.l9 and work previously done amount to 7,6l0.00, so that the total cost of the improvement will be 62,254.02 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that 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 $62,254.02. BE IT FURTHER RESOLVED that the City Clerk, with the assist- ance 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 he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the com- pletion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assess- ments shall be held at 7:30 P.M. , October 2, 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improve- ments will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman Elling and adopted by the City Council at a regular meeting this 2nd day of September , 1986 Councilmen Windschitl, Lachinski, Orttel, Knight, Elling voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1t:~ /"tJ a. -' .p James . Schrantz rry ~indschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA . STATE OF MINNESOTA NO. R143-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATER- MAIN, SANITARY SEWER, STORM DRAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT 86-4, HIDDEN CREEK. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain, sanitary sewer, storm drainage and bituminous street construction, Project 86-4 in the Hidden Creek area, and the contract price for such im- provement is $356,854.37 , and the expenses incurred or to be incurred in the making of such improvement amount to $64,534.22 and work previously done amount to $27,059.26 , so that the total cost of the improvement will be $448,447.85 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that 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 $448,447.85 . BE IT FURTHER RESOLVED that the City Clerk, with assistance of the City Engineer shall forthwith calculate the proper amount to be speciallly 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 he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed asssssment, notify the Council thereof. BE IT STILL FURTHER ~ESOLVED that a hearing for such assessments shall be held at 7:30 P.M., October 2, 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman Kniqht and adopted by the City Council at a Regular Meeting this 2nd day of September , 1986 with Councilmen Lachinski, Orttel, Windschitl. Ellina. Kniaht voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~"A_ /" v/ . du..&.Z/ J ry Wi~dschitl - Mayor City CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R144-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATER- MAIN, SANITARY SEWER. STORM DKAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT 86-6, HIDDEN CREEK 2nd ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain, sanitary sewer, storm drainage and bituminous street construction, Project 86-6 in the Hidden Creek 2nd Addition area, and the contract price for such improvement is 244,718.59 , and the expenses incurred or to be incurred in the making of such improvement amount to $44,573.67 and work previously done amount to $36,467.36 , so that the total cost of the improvement will be $325,759.62 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that 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$325,759.62 BE IT FURTHER RESOLVED that 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 he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at 7:30 P.M., October 2, 1986 at the Andover City Hall, to pass upon such proposed ·assessments. H. such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman F.l1:inçr and adopted by the City Council at a Regular Meeting this 2nd day of September , 1986 with Councilmen windschitl, Elling, Lachinski, Knight, Orttel voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ Cv. 'è2.. ¿iP ~~ erry indschitl - Mayor , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R145-86 MOTION by Councilman orttel to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF STORM DRAINAGE AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT NO. 86-7, 164th LANE EAST OF ROUND LAKE BOULEVARD. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of storm drainage and bituminous street construction, Project NO. 86-7 in l64th Lane East of Round Lake Boulevard, and the contract price for such improvement is $34,000.00 , and the expenses incurred or to be incurred in the making of such improvement amount to $7,242.00 and work previously done amount to -0- , so that the total cost of the improvement will be ~41,242.UU . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that 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 $4l,242.00 . BE IT FURTHER RESOLVED that 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 he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at 7:30 p.m., October 2, 1986, at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman Elling and adopted by the City Council at a 1'1pgn 1" r Meeting this 2nd day of September , 1986 with Councilmen windschitl, Lachinski, Elling, Knight, Orttel voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ tv.. . ¿? .:..1"-" (. .í~ err Windschi tl - Mayor James E. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl46-86 MOTION by Councilman orttel to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENTS OF WATERMAIN, SANITARY SEWER, STORM DRAINAGE, AND BITUMINOUS STREET CON- STRUCTION FOR PROJECT 86-9, WOODLAND TERRACE 4th ADDITION, LILY STREET, ROUND LAKE BOULEVARD, l33rd LANE AND l34th AVENUE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain, sanitary sewer, storm drainage and bituminous street con- struction, Project 86-9, in the Woodland Terrace 4th Addition, Lily Street, Round Lake Boulevard, l33rd Lane and l34th Avenue, and the contract price for such improvement is $5l0,l57.73 , and the expenses incurred or to be incurred in the making of such improvement amount to $92,651.22 and work previously done amount to $60,Ol1.53 , so that the total cost of the improvement will be $662,820.48 . NOW, THEREFORE, be it resolved by the City Council of the City of Andover that 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 $662,820.48 . BE IT FURTHER RESOLVED that 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 he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at 7:30 P.M., October 2, 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman Elling and adopted by the City Council at a Reqular Meeting this 2nd day of September, 1986 "vi th Counci lmen Lachinski, Orttel, Knight, Elling, Windschitl voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~..-. ~t:v: ~ ...ø J rry ~ndsch~tl - Mayor James E. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R147-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATER- MAIN, SANITARY SEWER, STORM DRAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT NO. 86-10, HIDDEN CREEK 3rd ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain, sanitary· sewer, storm drainage and bituminous street construction, Project NO. 86-10 in Hidden Creek 3rd Addition, and the contract price for such improvement is $379,847.27 , and the expenses incurred or to be incurred in the making of such improvement amount to $64,944.08 and work previously done amount to $37,049.88 , so that the total cost of the improvement will be $481,841.23 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that 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 $481 , 841. 23 BE IT FURTHER RESOLVED that 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 he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at 7:30 P.M.. October 2. 1986 at the Andover City Hall, to pass upon SUCh proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman Knight and adopted by the City Council at a Reqular Meeting this 2nd day of September , 1986 with Councilmen Lachinski. Orttel. windschitl. Elling. Knight voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~¿/ " ,.V C, J rry ndschitl - Mayor - City Clerk ;ITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA NO. Rl48-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IM- PROVEMENT OF STORM DRAINAGE, AND BITUMINOUS STREET CONSTRUCTION FOR PROJECT NO. 86-l2, l54th LANE AND NIGHTINGALE ESTATES 3rd ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of storm drainage and bituminous street construction, Project No. 86-l2 in 154th Lane and Nightingale Estates 3rd Addition, and the contract price for such improvement is $ll3,050.00 , and the expenses incurred or to be incurred in the making of such improvement amount to $l9,285 and work previously done amount 'to -0- , so that the total cost of the improvement will be $114,285.00 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that 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 $ll4,285.00. BE IT FURTHER RESOLVED that the City Clerk, with the assis- tance 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 he shall file a copy of such proposed assessment in this office for public inspection. The Clerk shall, upon the com- pletion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assess- ments shall be held at 7:30 P.M., October 2, 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman Elling and adopted by the City Council at a R"'9tllaJ" Meeting this 2nd day of Sept:ember , 1986 with Councilmen Windschitl, Orttel, Knight, Lachinski voting in favor of the resolution, and Councilmen none Elling voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1 S;, C).~ r'~' ¿2 t',z:7 Jerry Windschitl - Mayor James, . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl49-86 MOTION by Councilman Kniaht to adopt the following: A RESOLUTION DECLARING COST DIRECTING PREPARATION OF ASSESSMENT ROLL , AND SETTING DATE FOR ASSESSMENT PUBLIC HEARING FOR THE IMPROVEMENT OF WATERMAIN AND SANITARY SEWER CONSTRUCTION FOR PROJECT NO. 85-l6 WEST OF ROUND LAKE BOULEVARD NORTH OF SOUTH COON CREEK DRIVE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the improvement of watermain, and sanitary sewer construction, Project No. 85-l6 in the area west of Round Lake Boulevard north of South Coon Creek Drive, and the contract price for such improvement is $32.270.00 , and the expenses incurred or to be incurred in the making of such improvement amount to $9 , 681. 00 and work previously done amount to $2.680.00. so that the total cost of the improvement will be $44.631. 00 . NOW, THEREFORE, BE IT RESOLVED by the CIty Council of the City of Andover that the portion of the cost of such improvement to be paid by the City is hereby declared to be $24.07l and the amount of the cost to be assessed against benefited property owners is declared to be $17.880.00 . BE IT FURTHER RESOLVED that 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 he shall file a copy of such proposed assessment in his office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT STILL FURTHER RESOLVED that a hearing for such assessments shall be held at 7:30 P.M., October 2, 1986 at the Andover City Hall, to pass upon such proposed assessments. At such time all persons owning property affected by these improvements will be given the opportunity to be heard. The City Clerk is hereby directed to give notice of this hearing pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilman Ellinq and adopted by the City Council at a Reqular Meeting this 2nd day of September , 1986, with Councilmen Windschitl. Lachinski. Orttel, Kniqht, Ellinq voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER (, f}",'f/ (u . //- ¿J( J ry indschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R l5l-86 A RESOLUTION APPROVING THE FINAL PLAT OF NIGHTINGALE ESTATES 3RD ADDITION AS BEING DEVELOPED BY ESTHER OLSON AND GARY DEHN IN SECTION 22-32-24. WHEREAS, the City Council approved the Preliminary Plat of Nightingale Estates 3rd Addition; and WHEREAS, the developer has presented the final plat of Nightingale Estates 3rd Addition; and WHEREAS, the developer has deposited security sufficient to cover legal, engineering, consultant and street sign costs; and WHEREAS, the developer has entered into a Development Contract with the City of Andover for the installation of utilities and streets and has paid the required escrow of $ll,500; and WHEREAS, the developer has paid to the City a deposit to cover all plat fees; and WHEREAS, the Park Dedication be paid in lieu of land in the amount of $4,875.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plat of Nightingale Estates 3rd Addition. Adopted by the City Council of the City of Andover this l6th day of September , 1986. CITY OF ANDOVER ATTEST: ~ tv ~._.i'~/ rry indschitl - Mayor ç ames erk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl52-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 86-l2 FOR STREET CONSTRUCTION IN THE AREA OF l54TH LANE AND NIGHTINGALE ESTATES 3RD ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. Rl23-86, bids were received, opened and tabulated according to law for Project No.86~l2, with results as follows: Valley Paving $87,102.50 Albor Construction, Inc. 89,592.50 Forest Lake Contracting 96,487.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the above bids as shown to indicate Valley Paving as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and Clerk to enter into a Contract with Valley Paving in the amount of $87,102.50 for construction of Improvement Project NO. 86-l2for Street Construction in the area of l54th Lane and Nightingale Estates 3rd Addition; 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 insurance and bond requirements met. MOTION seconded by Councilman Knight and adopted by the City Council at a Reqular Meeting this 161"h day of September , 1986, with Councilmen Windschitl, Lachinski, Orttel, Elling,Knight voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~_ ,.. Ú/ . t"- . ¿.ëd rry ~indschi tl - Mayor - Cit erk Io~) I EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER COUNTY OF ANORA, 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 the City of Andover, on Tuesday, September 16, 1986, commencing at 7:30 o'clock p.m., C.T. The following members of the Council were present: Knight, Elling, Orttel, Lachinski, Windschitl . and the following were absent: None *** *** *** The Mayor announced that the meeting was convened for the considera- tion of the bids which had been received for the purchase of the City's $2,600,000 General Obligation Improvement Bonds, Series 1986B, as adver- tised for sale. The City Clerk-Treasurer presented affidavits showing publication of notice of sale in the City's official newspaper and in Commercial West, a financial paper published in Minneapolis, Minnesota, which affidavits were examined, found satisfactory and ordered placed on file. The City Clerk-Trea~urer 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: . After due consideration of the bids, Councilmember Orttel introduced the following resolution and moved its adoption: RESOLUTION NO. 86- l53 RESOLUTION AWARDING THE SALE OF $2,600,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1986B; FIXING THEIR~ORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT. BE IT RESOLVED By the City Council of the City of Andover, Minnesota, (City) as follows: Section 1. Sale of Bonds. 1.01. The bid of (Purchaser) to purchase $2,600,000 General Obligation Improvement Bonds, Series 1986B (Bonds) of the City described in the Official Notice of Sale thereof is hereby found and determined to be the highest and best bid received pursu- ant to duly advertised notice of sale and shall be and is hereby accepted, the bid being to purchase the Bonds at a price of $ plus accrued interest to date of delivery, for Bonds bearing interest as fol- lows: Year of Interest Year of Interest Maturity Rate Maturity Rate 1987 % 1992 % 1988 1993 1989 1994 1990 1995 1991 1996 Net Effective Interest Rate: Reoffering yield: The Clerk-Treasurer is directed to retain the good faith check of the Purchaser pending completion of the sale and delivery of the Bonds, and to return the checks of the unsuccessful bidders forthwith. The sum of $ being the amount offered by the Purchaser in excess of $2,550,000 shall be credited to the Debt Service Fund created by Section 3. The sum of $91,000 representing capitalized interest shall be credited to the Debt Service Fund created by Section 3. , " 1.02. The City shall forthwith issue and sell the Bonds in the total principal amount of $2,600,000, originally dated as of October 1, 1986, the Bonds being in fully registered form and issued in the denomination of $5,000 or any integral multiple thereof, numbered no. R-l upward, bearing interest as above set forth, and which Bonds mature serially without option of prior payment on October 1 in the years and amounts as follows: YEAR AMOUNT YEAR AMOUNT 1987 $190,000 1992 $240,000 1988 215,000 1993 265,000 1989 240,000 1994 290,000 1990 240,000 1995 340,000 1991 240,000 1996 340,000 Section 2. Form: Registration. 2.01. Registered Form. The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof shall be payable by check or draft issued by the Registrar described herein. 2.02. Dates; Interest Payment Dates. Each Bond shall be dated as of the last interest payment date preceding the date of authentication to which interest on the Bond has been paid or made available for payment, unless (i) the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case such Bond shall be dated as of the date of authentication, or (ii) the date of authentication is prior to April 1, 1987, in which case such Bond shall be dated as of October 1, 1986. The interest on the Bonds shall be payable on October 1 and April 1 in each year, commencing April 1, 1987, 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 shall appoint, and shall maintain, a bond registrar, transfer agent, authenticating agent and paying agent (Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Register. The Registrar shall keep at its principal corpo- rate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, trans- ferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any 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 shall 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) Exchange of Bonds. Whenever any Bonds are surrendered by the registered owner for exchange the Registrar shall 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. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is pre- sented to the Registrar for tr~nsfer, the Registrar may refuse to transfer the same unt~l it is satisfied that the endorsement on such Bond or separate instrument of transfer is valid and genuine and that the requested transfer is legally authorized. The Registrar shall incur no liability for the refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be 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 all such payments so made to any such registered owner or upon the owner's order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds, the Registrar may impose a charge upon the owner thereof suffi- cient to reimburse the Registrar for any tax, fee or other govern- mental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be destroyed, stolen or lost, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond destroyed, stolen or lost, upon the payment of the reason- able 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 such 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, in which both the City and the Registrar shall be named as obligees. All Bonds so sur- rendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, destroyed, stolen or lost Bond has already matured it shall not be necessary to issue a new Bond prior to payment. 2.04. Appointment of Initial Registrar. The City hereby appoints First Trust Company, Inc. , St. Paul, Minnesota, as the initial Registrar. The Mayor and the Clerk-Treasurer are authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger or consoli- dation of the Registrar with another corporation, if the resulting corpora- tion is a bank or trust company authorized by law to conduct such business, such corporation shall be 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 shall deliver all cash and Bonds in its possession to the successor Registrar and shall 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 shall transmit to the Registrar moneys sufficient for the payment of all principal and interest then due. 2.05. Execution, Authentication and Delivery. The Bonds shall be prepared under the direction of the Clerk~Treasurer and shall be executed on behalf of the City by the signatures of the Mayor and the Clerk-Treasurer, 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 shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. Notwith- standing such execution, no Bond shall 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 such Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentica- tion on each Bond shall be conclusive evidence that it has been authenti- cated and delivered under this Resolution. When the Bonds have been so prepared, executed and authenticated, the Treasurer shall deliver the same to the Purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the Purchaser shall not be obligated to see to the application of the purchase price. 2.06. Form of Bonds. The Bonds shall 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 IMPROVEMENT BOND, SERIES 1986B Date of Rate Maturity Original Issue CUSIP October 1, 1986 . No. R- $ The City of Andover, a duly organized and existing City in Anoka County, Minnesota (City), acknowledges itself to be indebted and for value received hereby promises to pay to or registered assigns, without option of prior payment, the principal sum of $ on the maturity date specified above, with interest thereon from the date hereof at the annual rate specified above, payable October 1 and April 1 in each year, commencing April I, 1987, to the person in whose name this Bond is registered at the close of business on the 15th 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 Company, Inc., St. Paul, Minnesota" as Bond Regis- trar, Transfer Agent, Authenticating Agent and Paying Agent, or its desig- nated 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. Additional provisions of this Bond are contained on the reverse hereof and such provisions shall for all purposes have the same effect as though fully set forth in this place. This Bond shall 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 shall have been executed by the Bond Registrar by manual signature of one of its authorized representatives. IN WITNESS ;~¡EREOF, 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-Treasurer and has caused this Bond to be dated as of the date set forth below. Dated: CITY OF ANDOVER, MINNESOTA (facsimile) (facsimile) City Clerk-Treasurer Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. FIRST TRUST COMPANY, INC. By Authorized Representative [Reverse of the Bond] This Bond is one of an issue in the aggregate principal amount of $2,600,000, all of like original date and tenor, except as to number, maturity date and interest rate, issued pursuant to a resolution adopted by the City Council on, September 16, 1986 (the Resolution), for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 429 and is payable primarily from special assessments against property specially benefited thereby, but constitutes a general obligation of the City and, to provide moneys for the prompt and full payment of said principal and interest as the same become due, the full faith and credit of the City is hereby irrevocably pledged, and the City Council will levy ad valorem taxes, if required for such purpose, which taxes may be levied on all of the taxable property in the City without limitation as to rate or amount. The bonds of this series are issued only as fully registered bonds in denominations of $5,000 or any integral multiple thereof of single maturities. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by the owner's 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 1 ' 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 regïstered 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 shall 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-Treasurer The following abbreviations, when used in the inscription of 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 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, with- out 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 2.07. The Clerk-Treasurer shall obtain a copy of the proposed approv- ing legal opinion of LeFevere, Lefler, Kennedy, O'Brien & Drawz, a Profes- sional Association, Minneapolis, Minnesota, which shall be complete except as to dating thereof and shall cause the opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the Clerk-Treasurer in substantially the form set forth in the form of Bond. The Clerk-Treasurer is hereby authorized and directed to execute such certificate in the name of the City upon receipt of such opinion and to file the opinion in the City offices. Section 3. Security: Payment. 3.01. The Bonds shall be payable from the Improvement Bonds of 1986 Fund (Debt Service Fund) hereby created, and the proceeds of any general · ,. taxes hereafter levied (Taxes) , if any, and special assessments (Assess- ments) to be levied for the improvements (Improvements) financed by the Bonds are hereby pledged to the Debt Service Fund. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money in the Debt Service Fund to pay the same, the Clerk-Treasurer shall pay such principal or interest from the general fund of the City and the Debt Service Fund may be reimbursed for such advances out of proceeds of Assessments and Taxes for the Improvements when collect- ed. 3.02. It is hereby determined that the estimated collections of Assessments for the 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. The City Clerk-Treasurer is directed to file a certified copy of this resolution with the Auditor of Anoka County, and obtain the certificate required by Minnesota Statutes, Section 475.63. 3.03. It is hereby 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) The City has caused or will cause the Assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 1987 and will take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby authorized. The City Council shall 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 the Bonds, and for the final and valid levy of the Assessments and the appropria- tion of any other funds needed to pay the Bonds and interest thereon when due. (b) In the event of any current or anticipated defi- ciency in the Assessments, the City Council will levy ad valorem taxes in the amount of said current or anticipated deficiency. (c) The City will keep complete and accuratø books and records showing all receipts and disbursements in connection wi th the Improvements, and Assessments levied therefor and other funds appropriated for their payment, and all collec- tions thereof and disbursements therefrom, moneys on hand and 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. Section 4. Authentication of Transcript: Special Tax Covenant. ,. 4.01. The officers of the City are hereby 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 market- ability of the Bonds and such instruments. including any heretofore fur- nished, shall be deemed representations of the City as to the facts stated therein. 4.02. It is determined that no comprehensive 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 investigation concerning the City as set forth in an investment letter of even date, receipt of which is hereby acknowledged. 4.03. 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 1954, as amended (the Code). and the Treasury Regulations promulgated thereunder, and that it will comply with all provisions of H.R. 3838 in the form in which it is finally adopted by the United States Congress to maintain the tax-exempt status of interest on the Bonds. The Bonds are hereby designated by the City as "qualified tax exempt obligations" and a part of its $IO,OOO,OOO limitation of such obligations within the meaning of and for purposes of Section 802(e)(3) of H.R. 3838. In the event H.R. 3838 is not finally adopted in the form referred to above, or in any form, or the effective date of provisions of H.R. 3838 affecting the Bonds are delayed beyond the date of delivery of the Bonds, the covenants in this Section 4.03 will be of no further force or effect. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Elling and upon vote being taken thereon, the following voted in favor thereof: Knight, Elling, Orttel, Lachinski, Windschitl and the following voted against: 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-Treasurer of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached and foregoing extract of minutes of a regular meeting of the City Council held on Tuesday, September 16, 1986, with the original thereof on file in my office and I further certify that the same is a full, true and complete transcript therefrom insofar as the same relates to the issuance and sale of the City's $2,600,000 General Obligation Improvement Bonds, Series 1986B. WITNESS My hand as Clerk-Treasurer and the corporate seal of the City this /k:I5- day of S~ , 1986. Clerk-Treasurer of Andover, Minnesot (SEAL) 05750986.RAW CITY OF ANDOVER COUWry OF ANOKA STATE OF MINNESOTA NO. Rl55-86 MOTION BY COUNCILMAN Elling TO ADOPT THE FOLLOWING: A RESOLUTION ORDERING THE IMPROVEMENT OF STORM DR1,INAGE , PROJECT NO. 86-19 IN THE DEHN'S POND AREA AND DIRECTING PREPARATION OF FINAL PLANS & SPECIFICATIONS. I'JHEREAS, a resolution (R059-86) of the City Council adopted on the 20th day of ~, 1986, fixed a date for a public hearing on the improvement of storm drainage Project No. 86-19 , and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 25th day of June , 19~; and continued from time to time until September 30, 1986. 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 the improvement of storm drainage, Project No. 86-19 in the Dehn's Pond Area. 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 spec- ifications for such improvement. MOTION seconded by Councilman Orttel and adopted by the City Council at a Special Meeting this 30th day of September, 19~, with Councilmen Elling, Knight, Orttel, Windschitl voting in favor of the resolution, and Councilmen Lachinski (absent) voting against whereupon said resolution was declared passed. CITY OF ANDOVER ~ <- ATTEST: . /V ..7 ./'/z/ ,j rr~schi tl -- Mayor J. mes E. Schrantz \) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 156-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN AND SANITARY SEWER FOR ROUND LAKE BOULEVARD FROM l4462 TO l45l6 ROUND LAKE BOULEVARD (IP 85-l6) FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by Law, the City Council of the City of Andover has met and heard and passed upon the proposed assessment for the improvement of watermain and sanitary sewer under IP 85-l6. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that such assessment, a copy of which is attached hereto and made a part thereof, is accepted and includes all changes adopted by the City Council at the Public Hearing for such purpose, and shall constitute the special assessment against such lands named therein, and each tract of land included is hereby found to be benefitted directly or indirectly by the improvement levied against it. BE IT FURTHER RESOLVED that such assessment roll shall be payable in annual installments extending over a period of twenty ( 20 ) years, the first of the installments to be payable on or before the first Monday in January, 1987 and shall bear interest at the rate of 8.6 percent per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assess- ment from the date of this resolution until December 3l, 1987. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. BE IT STILL FURTHER RESOLVED that the owner of any property assessed, may at any time prior to November 2, 1986 pay the whole of the assessment with no interest, with such payment being made to the City Treasurer. He may, at any time thereafter, pay to the City Treasurer, the amount of the assessment remaining unpaid, excepting that the installment for the year in which payment is made shall be paid to the County Treasurer if paid after October l5. Payments must be made prior to October l5 or interest will be charged for the entire following year. BE IT STILL FURTHER RESOLVED that the City Clerk shall forthwith transmit a certified copy of this assessment to the County Auditor to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as municipal taxes. MOTION seconded by Councilman Knight and adopted by the City Council at a Special Meeting this 2nd day of October , 1986, with Councilmen Orttel, Windschitl, Knight, Elling voting in favor of the resolution, and Councilmen Lachinski (absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~{./ .~ .,~ Je y W dschitl - Mayor ", ,." \ -\'" CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl57-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STREETS, STORM DRAIN FOR WOODLAND TERRACE 4TH & 5TH ADDITIONS, LILY STREET, ROUND LAKE BOULEVARD, l33RD LANE AND l34TH AVENUE (IP86-9) FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by Law, the City Council of the City of Andover has met and heard and pas~ed upon the proposed assessment for the improvement of watermain, sanltary sewer, streets and storm drain under IP 86-9. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that such assessment, a copy of which is attached hereto and made a part thereof, is accepted and includes all changes adopted by the City Council at the Public Hearing for such purpose, and shall constitute the special assessment against such lands named therein, and each tract of land included is hereby found to be benefitted directly or indirectly by the improvement levied against it. BE IT FURTHER RESOLVED that such assessment roll shall be payable in annual installments extending over a period of twenty (20 ) years, the first of the installments to be payable on or before the first Monday in January, 1987 and shall bear interest at the rate of 8.6 percent per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assess- ment from the date of this resolution until December 3l, 1987. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. BE IT STILL FURTHER RESOLVED that the owner of any property assessed, may at any time prior to November 2, 1986 pay the whole of the assessment with no interest, with such payment being made to the City Treasurer. He may, at any time thereafter, pay to the City Treasurer, the amount of the assessment remaining unpaid, excepting that the installment for the year in "lhich payment is made shall be paid to the County Treasurer if paid after October l5. Payments must be made prior to October l5 or interest will be charged for the entire following year. BE IT STILL FURTHER RESOLVED that the City Clerk shall forthwith transmit a certified copy of this assessment to the County Auditor to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as municipal taxes. MOTION seconded by Councilman Orttel and adopted by the City Council at a Special Meeting this 2nd day of October , 1986, with Councilmen Windschi tl, Orttel, Knight, Elling voting in favor of the resolution, and Councilmen T=7rohjnc:ki (.::!rv:::Pl1t- ) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ tv ~ -?.d7 Je ry indschitl - Mayor -- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R l58-86 MOTION by Councilman Ellinq to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREETS FOR l54TH LANE AND NIGHTINGALE ESTATES 3RD ADDITION (IP 86-l2) FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by Law, the City Council of the City of Andover has met and heard and passed upon the proposed assessment for the improvement of streets under IP 86-l2. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that such assessment, a copy of which is attached hereto and made a part thereof, is accepted and includes all changes adopted by the City Council at the Public Hearing for such purpose, and shall constitute the special assessment against such lands named therein, and each tract of land included is hereby found to be benefitted directly or indirectly by the improvement levied against it. BE IT FURTHER RESOLVED that such assessment roll shall be payable in annual installments extending over a period of twenty (20) years, the first of the installments to be payable on or before the first Monday in January, 1987 and shall bear interest at the rate of 8.6 percent per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assess- ment from the date of this resolution until December 3l, 1987. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. BE IT STILL FURTHER RESOLVED that the owner of any property assessed, may at any time prior to November 2, 1986 pay the whole of the assessment with no interest, with such payment being made to the City Treasurer. He may, at any time thereafter, pay to the City Treasurer, the amount of the assessment remaining unpaid, excepting that the installment for the year in which payment is made shall be paid to the County Treasurer if paid after October l5. Payments must be made prior to October 15 or interest will be charged for the entire following year. BE IT STILL FURTHER RESOLVED that the City Clerk shall forthwith transmit a certified copy of this assessment to the County Auditor to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as municipal taxes. MOTION seconded by Councilman Knight and adopted by the City Council at a Special Meeting this 2nd day of October , 1986, with Councilmen Orttel. Windschitl. Kniqht. F:lling voting in favor of the resolution, and Councilmen Lachinski (absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ ~;,. L '/~ J ry ~indschi tl - Mayor C&, ~ James CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R l59-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREETS FOR l64TH LANE EAST OF ROUND LAKE BOULEVARD (IP86-7) FOR CERTIFICAITON. WHEREAS, pursuant to proper notice duly given as required by Law, the City Council of the City of Andover has met and heard and passed upon the proposed assessment for the improvement of streets under IP 86-7. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that such assessment, a copy of which is attached hereto and made a part thereof, is accepted and includes all changes adopted by the City Council at the Public Hearing for such purpose, and shall constitute the special assessment against such lands named therein, and each tract of land included is hereby found to be benefitted directly or indirectly by the improvement levied against it. BE IT FURTHER RESOLVED that such assessment roll shall be payable in annual installments extending over a period of twenty (20 ) years, the first of the installments to be payable on or before the first Monday in January, 1987 and shall bear interest at the rate of 8.6 percent per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assess- ment from the date of this resolution until December 3l, 1987. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. BE IT STILL FURTHER RESOLVED that the owner of any property assessed, may at any time prior to November 2, 1986 pay the whole of the assessment with no interest, with such payment being made to the City Treasurer. He may, at any time thereafter, pay to the City Treasurer, the amount of the assessment remaining unpaid, excepting that the installment for the year in which payment is made shall be paid to the County Treasurer if paid after October l5. Payments must be made prior to October l5 or interest will be charged for the entire following year. BE IT STILL FURTHER RESOLVED that the City Clerk shall forthwith transmit a certified copy of this assessment to the County Auditor to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as municipal taxes. MOTION seconded by Councilman Elling and adopted by the City Council at a Special Meeting this 2nd day of October , 1986, with Councilmen Knight, Elling, Orttel, Windschitl voting in favor of the resolution, and Councilmen Lachinski (absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~__ Ct/" - ~ Je y WPhdschitl - Mayor , , \j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R l60-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STREETS, STORM DRAIN FOR HIDDEN CREEK (IP 86-4) FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by Law, the City Council of the City of Andover has met and heard and passed upon the proposed assessment for the improvement of watermain, sanitary sewer, streets, storm drain under IP 86-4. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that such assessment, a copy of which is attached hereto and made a part thereof, is accepted and includes all changes adopted by the City Council at the Public Hearing for such purpose, and shall constitute the special assessment against such lands named therein, and each tract of land included is hereby found to be benefitted directly or indirectly by the improvement levied against it. BE IT FURTHER RESOLVED that such assessment roll shall be payable in annual installments extending over a period of twenty (20) years, the first of the installments to be payable on or before the first Monday in January, 1987 and shall bear interest at the rate of 8.6 percent per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assess- ment from the date of this resolution until December 3l, 1987. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. BE IT STILL FURTHER RESOLVED that the owner of any property assessed, may at any time prior to November 2, 1986 pay the whole of the assessment with no interest, with such payment being made to the City Treasurer. He may, at any time thereafter, pay to the City Treasurer, the amount of the assessment remaining unpaid, excepting that the installment for the year in which payment is made shall be paid to the County Treasurer if paid after October l5. Payments must be made prior to October l5 or interest will be charged for the entire following year. BE IT STILL FURTHER RESOLVED that the City Clerk shall forthwith transmit a certified copy of this assessment to the County Auditor to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as municipal taxes. MOTION seconded by Councilman Elling and adopted by the City Council at a Special Meeting this 2nd day of October , 1986, with Councilmen Kniqht, Windschitl, Orttel, Ellinq voting in favor of the resolution, and Councilmen Lachinski (absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~e~- /' Co' ¿? h"P J ry Wðndschi tl - Mayor James E. , \ \\.1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R l6l-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STREETS, STORM DRAIN FOR HIDDEN CREEK 2nd ADDITION (IP 86-6) FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by Law, the City Council of the City of Andover has met and heard and passed upon the proposed assessment for the improvement of watermain, sanitary sewer, streets, storm drain under IP 86-6. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that such assessment, a copy of which is attached hereto and made a part thereof, is accepted and includes all changes adopted by the City Council at the Public Hearing for such purpose, and shall constitute the special assessment against such lands named therein, and each tract of land included is hereby found to be benefitted directly or indirectly by the improvement levied against it. BE IT FURTHER RESOLVED that such assessment roll shall be payable in annual installments extending over a period of twenty (20) years, the first of the installments to be payable on or before the first Monday in January, 1987 and shall bear interest at the rate of 8.6 percent per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assess- ment from the date of this resolution until December 3l, 1987. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. BE IT STILL FURTHER RESOLVED that the owner of any property assessed, may at any time prior to November 2, 1986 pay the whole of the assessment with no interest, with such payment being made to the City Treasurer. He may, at any time thereafter, pay to the City Treasurer, the amount of the assessment remaining unpaid, excepting that the installment for the year in which payment is made shall be paid to the County Treasurer if paid after October l5. Payments must be made prior to October l5 or interest will be charged for the entire following year. BE IT STILL FURTHER RESOLVED that the City Clerk shall forthwith transmit a certified copy of this assessment to the County Auditor to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as municipal taxes. MOTION seconded by Councilman Knight and adopted by the City Council at a Special Meeting this 2nd day of October , 1986, with Councilmen Elling, Windschitl, Knight, Orttel voting in favor of the resolution, and Councilmen Lachinski (absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~,. ...... c......--<'. _ <.ø J rt1Windschi tl - Mayor , ! CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl62-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STREETS AND STORM DRAIN FOR HIDDEN CREEK 3RD ADDITION (Ip 86-10) FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by Law, the City Council of the City of Andover has met and heard and passed upon the proposed assessment for the improvement of water- main, sanitary sewer, streets and storm drain under IP 86-l0. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that such assessment, a copy of which is attached hereto and made a part thereof, is accepted and includes all changes adopted by the City Council at the Public Hearing for such purpose, and shall constitute the special assessment against such lands named therein, and each tract of land included is hereby found to be benefitted directly or indirectly by the improvement levied against it. BE IT FURTHER RESOLVED that such assessment roll shall be payable in annual installments extending over a period of twenty (20) years, the first of the installments to be payable on or before the first Monday in January, 1987 and shall bear interest at the rate of 8.6 percent per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assess- ment from the date of this resolution until December 3l, 1987. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. BE IT STILL FURTHER RESOLVED that the owner of any property assessed, may at any time prior to November 2, 1986 pay the whole of the assessment with no interest, with such payment being made to the City Treasurer. He may, at any time thereafter, pay to the City Treasurer, the amount of the assessment remaining unpaid, excepting that the installment for the year in which payment is made shall be paid to the County Treasurer if paid after October l5. Payments must be made prior to October lS or interest will be charged for the entire following year. BE IT STILL FURTHER RESOLVED that the City Clerk shall forthwith transmit a certified copy of this assessment to the County Auditor to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as municipal taxes. MOTION seconded by Councilman Elling and adopted by the City Council at a Special Meeting this 2nd day of October , 1986, with Councilmen Knight, Lachinski, Orttel, Elling voting in favor of the resolution, and Councilmen Lachinski (absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: a< - 'i;' P- -Ú~ Je y ~ndsc itl - Mayor ty~ James E . ' , ,\JJ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R l63-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STREETS AND STORM DRAIN FOR CREEKRIDGE ESTATES (IP 86-l) FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by Law, the City Council of the city of Andover has met and heard and passed upon the proposed assessment for the improvement of watermain, sanitary sewer, streets and strom drain under IP 86-l. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that such assessment, a copy of which is attached hereto and made a part thereof, is accepted and includes all changes adopted by the City Council at the Public Hearing for such purpose, and shall constitute the special assessment against such lands named therein, and each tract of land included is hereby found to be benefitted directly or indirectly by the improvement levied against it. BE IT FURTHER RESOLVED that such assessment roll shall be payable in annual installments extending over a period of twenty (20) years, the first of the installments to be payable on or before the first Monday in January, 1987 and shall bear interest at the rate of 8.6 percent per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assess- ment from the date of this resolution until December 3l, 1987. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. BE IT STILL FURTHER RESOLVED that the owner of any property assessed, may at any time prior to November 2, 1986 pay the whole of the assessment with no interest, with such payment being made to the City Treasurer. He may, at any time thereafter, pay to the City Treasurer, the amount of the assessment remaining unpaid, excepting that the installment for the year in which payment is made shall be paid to the County Treasurer if paid after October l5. Payments must be made prior to October l5 or interest will be charged for the entire following year. BE IT STILL FURTHER RESOLVED that the City Clerk shall forthwith transmit a certified copy of this assessment to the County Auditor to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as municipal taxes. MOTION seconded by Councilman Kniqht and adopted by the City Council at a Special Meeting this 2nd day of October , 1986, with Councilmen Ellinq, Windschitl, Kniqht, Orttel voting in favor of the resolution, and Councilmen Lachinski (absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~<_ (,.",'./ -,;TI" Je ry ~ndschitl - Mayor . ,. \" CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl64-86 MOTION by Councilman Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, STREETS AND STORM DRAIN FOR SMITH'S GREEN ACRES (IP 86-2) FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by Law, the City Council of the City of Andover has met and heard and passed upon the proposed assessment for the improvement of sanitary sewer, streets and storm drain under IP 86-2. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that such assessment, a copy of which is attached hereto and made a part thereof, is accepted and includes all changes adopted by the City Council at the Public Hearing for such purpose, and shall constitute the special assessment against such lands named therein, and each tract of land included is hereby found to be benefitted directly or indirectly by the improvement levied against it. BE IT FURTHER RESOLVED that such assessment roll shall be payable in annual installments extending over a period of twenty (20 ) years, the first of the installments to be payable on or before the first Monday in January, 1987 and shall bear interest at the rate of 8.6 percent per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assess- ment from the date of this resolution until December 3l, 1987. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. BE IT STILL FURTHER RESOLVED that the owner of any property assessed, may at any time prior to November 2, 1986 pay the whole of the assessment with no interest, with such payment being made to the City Treasurer. He may, at any time thereafter, pay to the City Treasurer, the amount of the assessment remaining unpaid, excepting that the installment for the year in which payment is made shall be paid to the County Treasurer if paid after October l5. Payments must be made prior to October l5 or interest will be charged for the entire following year. BE IT STILL FURTHER RESOLVED that the City Clerk shall forthwith transmit a certified copy of this assessment to the County Auditor to be extended on the proper tax lists of the County and such assessments shall be collected and paid over in the same manner as municipal taxes. MOTION seconded by Councilman Orttf" and adopted by the City Council at a Special Meeting this 2nd day of October , 1986, with Councilmen Windschitl, Knight, Ellinq, Orttel voting in favor of the resolution, and Councilmen Lachinski (absent) voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~,,- _ tp '.R ud Je y W~dschitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 165-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION CERTIFYING TO THE COUNTY AUDITOR FOR COLLECTION, UNPAID SEWER AND WATER USER CHARGES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY 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 1986 taxes, if they remain unpaid on October lO, 1986. MOTION seconded by Councilman Knight and adopted by the City Council at a regular Meeting this 7th day of October , 1986, with Councilmen Lachinski, Orttel, Windschitl, Elling, Knight voting in favor of the resolution and Councilmen none voting against,whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ / (Aj L ~ J ry ~ndschitl - Mayor f. utility Acts Certified to the County Code Breakdown Total removed from Acts- 5767.58 Water- 903.32 Sewer- 4864.26 Total Certified (w/23%)- 7094.52 Water- 1111.10 Sewer- 5983.42 I · I':) . Jc.¡i5 J."._. ----2<>~-J2_~_24 J3 0006 14242-·Ivyv.GOd-St~- u... . .---63-.66.:'--. 28-32-24-34-0002 2807 142nd Lane 47.06' t'".) I(.j r~'1 ~ ~ 28-32-24-34-0004 2827142nd Lane ·W.9()·'···· -.-.. 28-32-24-34-0027 2847 142nd Ave. 121. 78/ 28-32-24-34-0034 14183 Heather St. 33.22 / 28-32-24-34-0055 2867 141st Ave. 32.60/ 29-32-24-31-0001 14349 Xenia St. 106.64/ 29-32-24-31-0020 14339 Vintage St. 138.02 / 29-32-24-31-0031 14416 Vintage St. 69.00/ 29-32-24-42-0004 14516 Rd Lk Blvd 166.70 -_. 29-32-24-42-0019 14311 Rd Lk Blvd 138.02 .. 29-32-24-43-0017 3458 142nd Ave. 106.64 ./ 29-32-24-43-0020 3522 142nd Ave. 72.14 / 29-32-24-43-0042 3543 141st Lane 138.02 ,/ 32-32-24-11-0036 2561 140th Ave. 63.66 / 32-32-24-12-0003 3545 140th Lane 229.42 32-32-24-12-0008 3479 140th Lan!,! 62.16 32-32-24-;2-0054 13987 Silverod St. 251.60 32-32-24-12-0055 14001 Silverod St. 379.62 32-32-24-12-0071 13909 Quay St. 47.98 32-32-24-12-0082 14018 Silverod St. 194.84 32-32-24-13-0020 13842 Sllveroð Ct. 65.68 32-32-24-13-0023 13853Sllverod Ct. 105.44 32-32-24-13-0028 13872 R:>se St. 179.64 'D /o-..<õ-1ê"(. 32 32 2( 13--993&.. 13830 ~a}' ~~. 133.7~ 32-32-24-13-0050 3438 138th Ct. 178.04 33-32-24-13-0068 13833 Rd Lk Blvd 43.28 32-32-24-21-0014 14018 Underclift St. 51.00 32-32-24-21-0029 13999 Tulip St. 175.90 32-32-24-21-0031 13977 Tulip St. 239.20 32-32-24-22-0047 14091 Aztec St. 143.36 32-32-24-24-0011 13758 Rd Lk Blvd 63.26 32-32-24-42-0031 3511 136th Ave. 106.64 32-32-24-42-0032 3521 136th Ave. 138.02 32-32-24-42-0040 13600-06 Poppy St. 276.02 32-32-24-43-0009 3443 135th Ave. 138.02 '32-32-24-11-0001 13974 Crosstown Blvd 69.50 33-32-24-11-0007 14021 Crosstown Blvd 33.22 33-32-24-11-0019 14013 Yukon St. 94.10 33-32-24-12-0032 2719 140th Ave. 117.32 33-32-24-13-0018 13849 Northwood Dr. 239.48 33-32-24-13-0034 13808 Northwood Dr. 60.90 33-32-24-14-0005 2557-59 138th Ave. 249.08 33-32-24-14-0010 2503-05 138th Ave. 188.20 33-32-24-32-0020 13507 Heather St. 121.78 33-32-24-32-0024 13548 Heather St. 121.78 33-32-24-33-0030 13429 Jonquil St. 121.78 33-32-24-34-0025 13364 Gladiola St. 121.78 33-32-24-34-0058 2844 135th Ave. 124.54 33-32-24-34-0060 2828 135th Ave. 63.36 33-32-24-43-0011 13405 Arrowhead 66.42 I I 34-32-24-21-0007 2195 140th Lane 60.90 34-32-24-21-0012 13818 Quirm St. 33.22 34-32-24-21-0046 2044 139th Lane 121. 78 34-32-24-21-0060 14001 Nightingale 121.78 34-32-24-21-0075 13848 Quirm St. 16.10 34-32-24-22-0017 13917 uplander St. 121.78 34-32-24-22-0032 2232 139th Ave. 121.78 34-32-24-22-0033 2222 139th Ave. 121.78 34-32-24-22-0067 2263 140th Ave. 33.22 34-32-24-24-0007 13819 Quirm St. 124.54 34-32-24-31-0064 13929 Nightingale St. 121.78 7J:;2.00 77;1f.i'l' 7,Q'I'l.S~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R166-86 A RESOLUTION APPROVING A LOT SPLIT REQUESTED BY THE BLAINE CON- GREGATION OF JEHOVAH'S WITNESSES FOR THE PROPERTY DESCRIBED AS PIN 13 32 24 42 000l. WHEREAS, the Planning and Zoning Commission has conducted a public hearing and reviewed the lot split request of the Blaine congregation of Jehovah's Witnesses; and WHEREAS, after such review, the Planning and zoning Commission recommended approval of the request citing 1) it is part of an orderly planning process; 2 ) it would not adversely affect the health, safety or general welfare of the community; and WHEREAS, the City Council is in agreement with those reasons given by the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the lot split request of the Blaine Congregation of Jehovah's Witnesses to split the property known as PIN 13 32 24 42 OOOl into two parcels. BE IT FURTHER RESOLVED that approval is contingent upon the following: l) receipt of the Certificate of Title for the East 33 feet as shown on the diagram; 2) payment of park dedication fees in the amount of $lOO per lot; 3) receipt of a Certificate of Title or torrens for recording purposes of the existing Goldenrod Street as laid out. Adopted by the City Council of the City of Andover this 7th day of October , 1986. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor James E. Schrantz - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl67-86 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF HIDDEN CREEK EAST AS BEING DEVELOPED BY GOOD VALUE HOMES IN SECTION 34-32-24. WHEREAS, pursuant to published notice thereof, the Planning and Zoning Commission has conducted a public hearing on the Pre- liminary plat of Hidden Creek East; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission is recommending approval of such plat, citing as reasons for such recommendation as being l) it is in conformance with the Comprehensive Plan if the rezoning of the east 60 acres is approved; 2 ) it will not seriously affect property values; 3 ) it will not increase traffic significantly in a fashion that would cause harm to the area; and WHEREAS, the City Council acknowledges that a recommendation has been received from the Park Board; and WHEREAS, the City Council further acknowledges that the plat has been reviewed by the Andover Review Committee and the Anoka County Highway Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby' approve the preliminary plat of Hidden Creek East contingent upon the housekeeping items of the elevation of Lots l, 2, 3, 4, adn 5 of Lot 8, the elimination of the two smaller parks with one row of lots shifted down, and omitting of Lot 19, which becomes part of the park property; confirmation from the DNR that they will accept drainage in Outlot A; and with l34th Lane cul-de-sac to be yet determined. Adopted by the City Council of the City of Andover this 7th day of October , 1986. CITY OF ANDOVER ATTEST: ~1- /' i~ . ß ./..,7/ J ry ðin schitl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl68-86 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE REPLAT OF THE ANDOVER COMMUNITY SHOPPING CENTER, BLOCK 3, TO BE KNOWN AS THE DOWNTOWN CENTER. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on the Preliminary Plat of the replat of the Andover Community Shopping Center; and WHEREAS, as a result of such review and hearing, the Planning and Zoning Commission is recommending approval of such plat, citing as reasons for such recommendation as being 1) it will not adversely affect the existing or potential use of adjacent land; 2 ) It is in conformance with the Comprehensive Plan; 3 ) the Commission feels it is in conformance with the Comprehensive Plan; 3 ) the Commission feels it will not adversely affect any Tax Increment Financing plans for the existing property; 4 ) the drainage will not be adversely affected; 5 ) it is necessary to the reasonable use of the land; and WHEREAS, the City Council is in agreement with the reasons cited by the Planning and zoning commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary plat of the replat of the Andover Community Shopping Center, Block 3, to be known as the Downtown Center contingent upon the Attorney's review of the Tax Increment Financing Plan and legal opinion. Adopted by the City Council at a reqular meeting this 7th day of October , 1986. CITY OF ANDOVER ATTEST: ~_ - !û /.. .az1 J ry indschitl - Mayor ç CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R l69-86 A RESOLUTION APPROVING THE FINAL PLAT OF THE REPLAT OF THE ANDOVER COMMUNITY SHOPPING CENTER, BLOCK 3, TO BE KNOWN AS DOWNTOWN CENTER. WHEREAS, the City Council has reviewed the Preliminary Plat of the replat of the Andover Community Shopping Center; and WHEREAS, the Final Plat conforms to the Preliminary Plat; and WHEREAS, the City Engineer and the Anoka County Surveyor have reviewed the Final Plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the CIty of Andover to hereby approve the Final Plat of the replat of the Andover Community Shopping Center, Block 3, to be known as Downtown Center. Adopted by the City Council at a YPlJ111 ;::a r Meeting this 7t-h day of Or.T()hpr , 1986. CITY OF ANDOVER ATTEST: fì< - ./ W:. ''/ LØ" Je y WObdschitl - Mayor J Schrantz CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl70-86 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUESTED BY SAUTER AND SONS TO MINE SOIL FROM THE PROPERTY KNOWN AS THE MEADOWCREEK BAPTIST CHURCH, 2937 BUNKER LAKE BOULEVARD NW. WHEREAS, pursuant to published and mailed notice, the Planning and zoning Commission has conducted a public hearing and reviewed the request of Sauter and Sons to mine soil from the property at 2937 Bunker Lake Boulevard; and WHEREAS, after such hearing and review, the Planning and Zoning Commission has recommended approval of the request with reasons for such recommendation as l) the city has received a plan dated September 23, 1986 prepared by Caine and Associates, which documents the previous contours and proposed contours; 2) lO,OOO cubic yards of soil have already been removed and it is anticipated another lO,OOO cubic yards will be removed from the site with a one year review; and WHEREAS, the City Council is in agreement with the reasons cited by the Planning and Zoning Commission; and NOW, THEREOFRE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the special use permit requested by Sauter and Sons, noting the following: l) Contractor will provide the city with a surety bond to hold the city harmless against road damage; 2) An agreement by and between the Planning and Zoning Commission and the hauler will be signed. Said agreement will state that the hauler will notify the city of future hauling; 3) Safety precautions will be taken at the end of each working day to prevent injury to children playing, bike riders, snowmobiles, etc. 4) Fill material may only be removed during the hours of 9:00 a.m. to 3:00 p.m. Monday through Saturday. Adopted by the City Council this 7th day of October , 1986. CITY OF ANDOVER ~ '7 ATTEST: ",,_./ 0v:-r....~"'~ Je y ~indschitl - Mayor Ja s E. Schrantz - Cit CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl71-86 A RESOLUTION APPROVING THE FINAL PLAT OF INDIAN MEADOWS 2ND ADDITION AS BEING DEVELOPED BY PROGRAMMED LAND, INC. IN SECTION 19-32-24. WHEREAS, the City Council approved the Preliminary Plat of Indian Meadows 2nd Addition; and WHEREAS, the developer has presented the Final Plat of Indian Meadows 2nd Addition; and WHEREAS, the City Engineer has reviewed such plat for confor- mance with the Preliminary Plat; and WHEREAS, the developer has deposited security sufficient to cover legal costs; and WHEREAS, the developer has paid to the City a deposit to cover all plat fees; and WHEREAS, the park dedication is the West 34.65 feet of the East 475.72 feet of the Northwest Quarter of the Southwest Quarter of Section 20, Township 32, Range 24, Anoka County, Minnesota. NOW, THEREFORE, BE IT RESOLVED by the city Council of the City of Andover to hereby approve the final plat of Indian Meadows 2nd Addition as developed by Programmed Land, Inc., with the following condition: that the title opinion be received from the City Attorney; a deed for temporary turnaround be given the city along the southern border on Lot 3 of the plat. Adopted by the City council of the City of Andover this 7th day of October , 1986. CITY OF ANDOVER ATTEST: ~~-?f fu' ¿.-Zå/ Je y W· dschitl - Mayor .J Ja CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R l72-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO KENKO, INC. FOR PROJECTS 85-8 AND 85-8B FOR THE IMPROVEMENT OF WATERMAIN, AND SANITARY SEWER EXTENSION IN THE FOLLOWING AREA: ALONG BUNKER LAKE BOULEVARD FROM ROUND LAKE BOULEVARD TO RAVEN STREET. WHEREAS, pursuant to a written contract signed with the City of Andover on February l3, 1986, Kenko, Inc. of Blaine, Minnesota has satisfactorily completed the following improvement of watermain and sanitary sewer extension 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. BE IT FURTHER RESOLVED that the City Clerk and Mayor are here- by directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilman Ellinq and adopted by the City Council at a reqular Meeting this 7th day of October , 1986, with Councilmen Windschitl, Knight, Lachinski, Ellinq, Orttel voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~,. .r W~__¡)'~ Je y ~ndschitl - Mayor Schrantz CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl73-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO CHANNEL CONSTRUCTION FOR PROJECT NO. 86-l FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM DRAINAGE, STREETS WITH CONCRETE CURB AND GUTTER IN THE CREEKRIDGE ESTATES AREA. WHEREAS, pursuant to a written contract signed with the City of Andover on April 2l, 1986, Channel Construction of Isle, Minnesota has satisfactorily completed the following improvement of sanitary sewer, watermain, storm drainage, streets with concrete curb and gutter 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. 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 RIling and adopted by the City Council at a reg1J lar meeting this 7th day of October , 1986, with Councilmen ~R~hinRki r Orttpl, Windschitl. Elling. Knight voting in favor of the resolution, and Councilmen none voting against, where- upon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~,._~ w. '¿?_ .~ J ry W dschitl - Mayor Ja CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R l74-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO CHANNEL CONSTRUCTION FOR PROJECT NO. 86-2 FOR THE IMPROVEMENT OF SANITARY SEWER, STORM DRAINAGE, STREETS WITH CONCRETE CURB AND GUTTER IN THE SMITH'S GREEN ACRES AREA. WHEREAS, pursuant to a written contract signed with the City of Andover on April 2l, 1986, Channel Construction has satisfactorily completed the following improvement of sanitary sewer, storm drainage, streets with concrete curb and gutter construction in accordance with the contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota 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 Elling and adopted by the City Council at a regular Meeting this 7th day of October , 1986, with Councilmen Windschitl, Elling, - Knight, Orttel, Lachinski voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~.-... /' {,.t/ . "- .¿.¿:p' J ry ~ndschitl, Mayor £ E. Schrantz, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R l75-86 A RESOLUTION ESTABLISHING THE 1987 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 $742,537; and the total bonded indebtedness levy is hereby set at $l35,6l8; of which $63,896 is for 1978 General Ob- ligation Bonds, $l2,4l8 for 1982 Certificates of Indebted- ness, $7,7l8 for 1983 Certificates of Indebtedness, $24,454 for 1985 Certificates of Indebtedness; and $27,132 for 1986 Fire Sirens Equipment Certificates of Indebtedness. The attached levies are hereby cancelled. Adopted by the City Council of the City of Andover this 7th day of October , 1986. CITY OF ANDOVER ATTEST: ~f) " t1L . ~ _ /¡d" J . r~dschitl - Mayor ~l CI'l'Y OF ANDOVER ) COUNTY OF ANOKA ) SS STATE OF MINNESOTA ) TO: ANOKA COUNTY AUDITOR The following levies are hereby cancelled for Year, 1987: DESCRIPTION AMOUNT FHA/GO IMPROVEMENT BONDS of 1977 $17,604.00 G.O. IMPROVEMENT BONDS OF 1976 2l,958.l9 G.O. IMPROVEMENT BONDS OF 1980 205.80 G.O. IMPROVEMENT BONDS OF 1976 229.25 All other levies on record as certified to be collected as shown in Bond Resolution and Resolution Attachments. ê Jam E. Dated: October 7, 1986 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 1 H-86 A RESOLUTION SETTING RATES FOR PERMITS, CONNECTION FEES, SERVICES, AND WATER USAGE PURSUANT TO ORDINANCE NO. 55, SECTION 3 AND RESOLUTI ON NO. R101-81. 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 Sprihklers......,.....". .$15.00 6 . Reinspections (ALL) . . . . . . . , , , . . . . . , . . . $15.00 SECTION 2 SERVICE CHARGES 1. Testing Up to 2" Meters"..."",......".... .$20,00.... .Section 31 Up to 3" Meters...",....,...,.",." ,$25,00 Up to 4" Meters..." ,........"" ,..,.$30.00 Up to 6" Meters..."........"".,.",$35.00 2 . Viol ation Penalties Shut-off (8:00 a.m. - 4:30 p.m.)..,.. .$20.00.... .Section 6/10/37 Shut-off (After H6urs)....,.......... .$30.00 SECTION 3 WATER METER CHARGES 1. 5/8" Me ter, . . . . . . . , , , . . . . , . . . , , , , , . . , $ 1 00.00, , , . . Sec t ion 31 2. 1 ~ 11 I~eter. . . . . .. , . . . . . . . . , , . . . . . , , $300.00 3. Special Sizes..,............,Cost + Handling SECTION 4 UNIT CONNECTION CHARGES 1. Residential"......."",........... .$950.00 2 . Non-Residential ,Per REC.. .$475/unit or $4,750/A, whichever is higher SECTION 5 WATER USAGE RATES 1. Bi 11 ed Quarterly......,.....",.".., $ 5.00 + $,82/1000 gallons 2 . Minimum Per Quarter... .....".......,$ 7.00 3 . Penalty/Late Payment......"......". 10% SECTION 6 The rates/charges as shown shall be effective October 7, 1986, Adopted by the Ci ty Counci 1 at a Regul ar Meeting this 7th day of October , 1986. CITY OF ANDOVER Page 2 ATTEST: ~__ ./ I.J . d. ~IU J rry ~i ndschi tl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R l78-86 A RESOLUTION APPOINTING JUDGES FOR THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1986 IN THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The persons shown below are hereby appointed as Election Judges for the General Election to be held on Tuesday, November 4, 1986 in the City of Andover: Precinct #1 - Grace Lutheran Church, 13655 Round Lake Boulevard N.W. Lois Benson - Chief - IR Verna Hennen - IR Leone Struvwe - Ass't. Chief - DFL John Johanson - DFL Ronald Alto - DFL Karen Larson - IR Carol Bradley - DFL Sue Richert - DFL Judy Florman - DFL Carole Banter - DFL Lois Granstrom - IR Wanda Schreiner - DFL Jan Greer - IR Jo zillhardt - IR Micki Harris - DFL Precinct #2 - Crooked Lake School, 2939 Bunker Lake Boulevard N.W. Barbara Evans - Chief - IR Rene Kroll - DFL Maureen Bushard - DFL Cleo Smith - DFL Kay Funk - IR Ellen Wirkus - DFL Karen Jones - IR Precinct #3 - Andover City Hall, 1685 Crosstown Boulevard N.W. Mary West - Chief - DFL Karen Peterson - IR Lois Spadgenske - Ass1t. Chief- IR Josephine Anne Rounds - DFL Suzanne Aldrich - DFL Carol Reicken - DFL Eleanor Apel - DFL Cindy Ryhn - DFL Mary Gwinn - IR Loretta Sunderland - IR Cathy Halter - IR Precinct #4 - Family of Christ Lutheran Church, 16045 Niqhtinqale Street N.W. Mary Ann Bolster - Chief - DFL Esther Haas - IR Sharon Rzeszutek - Ass't. Chief - IR Susan Rylander - DFL Lillian Barten - IR Judy Snyder - IR L. Mary Boyum - DFL Mary White - DFL Cindy Brostrom - DFL Adopted by the City Council at a regular Meeting this 7th day of October , 1986. CITY OF ANDOVER ç~ ~h / tu' ',- ~.;?/ J ry ;tndschitl - Mayor Schrantz - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl78A-86 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUESTED BY LOCAL OIL COMPANY TO CONSTRUCT A CONVENIENCE STORE/GAS STATION WITH UNDER- GROUND STORAGE TANKS ON THE PROPERTY KNOWN AS PIN 32 32 24 24 0001 AND PIN 32 32 24 24 00l3. WHEREAS, pursuant to published and mailed notice, the Planning and Zoning Commission has conducted a public hearing and reviewed the request of Local Oil Company for a Special Use Permit to construct a convenience store/gas station with underground gas storage tanks on the property known as PIN 32 32 24 24 OOOl and PIN 32 32 24 24 00l3; and WHEREAS, after such hearing and review, the Planning and Zoning Commission has recommended approval of the request with reasons for such recommendation as l) it will not be detrimental to the health, safety or general welfare of the community; 2) it will not cause serious traffic congestion or hazards; 4) it is in harmony with the Zoning Ordinance; and WHEREAS, the City Council is in agreement with the reasons cited by the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit requested by Local oil Company with the following conditions: l) Local Oil Company will not be permitted to sell propane gas; 2) an 8 foot screening be provided in combination of wood and berming and with the fence being similar in appearance to that of the shopping center; 3) there will be a maximum of 36 nozzles on the gas pumps; 4) the underground storage tanks will be inspected by the State and City Fire Marshals; 5) a 6" curb will be installed around the parking area; 6) the southerly driveway be moved 30 to 35 feet to the west and the future drive be removed; 7) Local oil will provide a quit claim deed for the lO feet across the southerly portion of the property for right of way purposes. Adopted by the City Council of the City of Andover this 2lst day of October , 1986. CITY OF ANDOVER ATTEST: ~~~ / I'..d· /_ .¿:Ø J ry 1findschi tl - Mayor J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R179-86 A RESOLUTION APPROVING THE FINAL PLAT OF OAK BLUFF AS BEING DEVELOPED BY BURL OAK WEST IN SECTION 26. WHEREAS, the City Council approved the preliminary plat of Oak Bluff; and WHEREAS, the developer has presented the Final Plat of Oak Bluff; and WHEREAS, the City Engineer has reviewed such plat for confor- mance with the preliminary plat; and WHEREAS, the City Attorney has received the abstract on the property being platted; and WHEREAS, the developer has agreed to pay for street sign costs; and WHEREAS, the park dedication has been dedicated for Oak Bluff; and WHEREAS, the developer has agreed to enter into a Development Contract for the required escrow which is to be determined by the City Engineer; and WHEREAS, the developer has agreed to pay to the City of Andover the costs of inspection, field/laboratory testing, street signs and installation which is to be determined by the City Engineer; and WHEREAS, the developer has paid an escrow for uncompleted work in the amount of $5,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Oak Bluff as developed by Burl Oak West contingent upon a favorable title opinion and execution of the restrictive covenant on the open space. NOW, THEREFORE, BE IT FURTHER RESOLVED, the appproval be contingent upon the developer paying the warranty escrow for grading, topsoil, seeding and blacktop in the amount of $8,000. Adopted by the City Council of the City of Andover this 2lst day of October , 1986. CITY OF ANDOVER ATTEST: ~,... GJ '..L.. /.-;;7 J rry~indschitl - Mayor Jame lerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl80-86 A RESOLUTION APPROVING THE FINAL PLAT OF GOODRIDGE ACRES AS BEING DEVELOPED BY GLEN E. GEVING AND WALTER A. JOHNSON IN SECTION 04-32- 24. WHEREAS, the City council approved the Preliminary plat of Goodridge Acres; and WHEREAS, the developer has presented the Final Plat of Goodridge Acres; and WHEREAS, the City Engineer has reviewed such plat for confor- mance with the Preliminary Plat; and WHEREAS, the City Attorney has presented a favorable Title Opinion on the property being platted; and WHEREAS, the developer has deposited a warranty escrow for grading, topsoil, seeding and blacktop in the amountof $3,000; and WHEREAS, the developer has agreed to pay for the street signs and installation estimated amount of $500; and WHEREAS, the developer has paid the park dedication fee of $2,220; and WHEREAS, the developer has paid to the City of Andover $l,257.78 to cover inspection fees and STS field and laboratory test fees. The City of Andover has paid for the field and laboratory test to STS in the amount of $782.70. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Goodridge Acres as developed by Glen E. Geving and Walter A. Johnson subject to engineer- ing approval for the remaining blacktop drive work not yet completed. Adopted by the City Council of the city of Andover this 2lst day of October , 1986. CITY OF ANDOVER ATTEST: ~A_ /W_''¿? _~ J ry ~ndschitl - Mayor Q Ç) ø James E. Schrantz STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER RESOLUTION NO. Rl8lÃ~\ROVING THE TRANSFER OF OWNERSHIP OF GROUP W CABLE OF THE QUAD CITIES, INC. WHEREAS, Group W Cable, Inc. , a New York Corporation (hereinafter "Group W Cable"), by and through Group W Cable of the Quad - Cities, Inc. , a wholly-owned subsidiary, owns, operates and maintains a cable television system in the City pursuant to the terms and conditions of City Ordinance No. 59 (hereinafter "Cable Communications Franchise Ordinance"); and WHEREAS, Group W Cable desires to sell and otherwise transfer all of the issued and outstanding shares of the capital stock of Group W Cable of the Quad Cities, Inc. to North Central Cable Communications Corporation (hereinafter "North Central") and thereby transfer control of Group W Cable of the Quad Cities, Inc. , to North Central; and WHEREAS, Group W Cable has requested the consent from the City to a change in ownership and control of Group W Cable of the Quad Cities, Inc. , to North Central; and WHEREAS, the Quad Cities Cable Communications Commission (hereinafter "Comrnission1J) has been delegated the authority and responsibility to coordinate, administer and enforce the Cable Communications Franchise Ordinance òn behalf of City pursuant to the terms of a Joint and Cooperative Agreement for the Administration of a Cable Television Franchise; and WHEREAS, the Commission has held a public hearing on behalf of City and has reviewed the legal, technical, and financial qualifications of North Central and finds no reasonable basis to deny the request for transfer as a result of said review; and WHEREAS, the Commission has recommended to City approval of - th~ transfer of control of Group W Cable of the Quad Cities, Inc. to North Central subject to the actual closing of the stock sale; and WHEREAS, the Commission has alsó recommended approval of a request by North Central to permit the pledge of the stock and assets of Group W Cable of the Quad Cities, Inc. and North Central as security to its lenders. WHEREAS, the City does not object to such security interest in the stock and assets. NOW THEREFORE, BE IT RESOLVED by the City Council of the City 0:: Anc10vpr : 1. That the City hereby approves the sale by Group W Cable, Inc. of all of the issued and outstanding shares of the capital stock of Group W Cable of the Quad Cities, Inc. and the transfer of control of Group W Cable of the Quad Cities, Inc. to North Central subject to an actual closing of the stock sale transaction on or before December 3l, 1986 pursuant to the terms and conditions as evidenced by the Notice of Transfer to said Commission and City. 2. The City approves the pledge by North Central of the stock and assets of Group W of the Quad Cities, Inc. and North Central as security to its lenders. - 2 - The above listed resolution was moved by Council Member Ellinq , and duly seconded by Council Member Kniqht . The following Council Members voted in the affirmative: Lachinski, Windschitl, Elling, Knight The following Council Members voted in the negative: Orttel (absent) Passed and adopted this 2]st day of ()("!t-nh¡::..r , 1986. ATTEST: ~tr 1/ V¿ ~ 6/~ ~~Æ.~ - 3 - KEVIN P. CATTOOR FINANCIAL COMMUNICATIONS CONSULTANT 2224 73n1 COURT NORTH MINNEAPOLIS. MN 55444 Bus. (612)-370-0688 Reo. (612)-566-5294 TO: Directors of the Quad Cities Cable Communications Commission FROM: Kevin P. Cattoor, Financial Communications Consultant DATE: September ll, 1986 RE: Financial Analysis of Group W Transfer I have been engaged by your Commission to perform a fi- nancial analysis of the financial pro formas submitted by the North Central Cable Communications Corporation (North Central) for the purpose of purchasing the six Group W cable systems in the Minneapolis/St. Paul metro area. The purpose of per- forming the financial analysis on North Central's pro formas is to determine whether the assumptions used in preparing the financial pro formas are reasonable in comparison with current industry experience. Additionally, it is important to assure that the assumptions made in the pro formas are con- sistent with the information presented in the Request For Information. This is pàrticularly important as it relates to the documents supporting the financing commitments. To date, the financial analysis has surfaced two major concerns. First, North Central has projected that the cash on hand necessary to finance system acquisition and subsequent operation goes into a negative $2.9 million in the year 1993. Review of the Request For Information indicated the existence of no other financing commitments that would cover this shortage. Addition- ally, North Central has assumed that $8.5 million of additional senior debt would be obtained in the year 1992. There is no evidence of this commitment in the Request For Information. Second, review of the loan commitment letter from the Bank of Boston for the $50,000,000 senior debt calls for cer- tain financial ratios to be met in order for North Central to maintain its loan balance with the Bank of Boston. The loan commitment letter indicates that the total debt to oper- ating cash flow ratio in each of the years one and two must be no higher than 6.5 to land 5.75 to 1 respectively. In performing these calculations on North Central's pro formas included in the Request For Information, it is noted that ratios of 8.0 to 1 in year one and 5.87 to 1 in year two · Directors of the Quad Cities Cable Communications Commission Page Two September ll, 1986 exist. This indicates based upon the pro formas that after years one and two North Central will not be in compliance with the loan commitment with the Bank of Boston. Addition- ally, the operating cash flow to debt service ratio is also not met in year one when the ratio is required to be at least 1. 1 to 1. North Central's ratio· of operating cash flow to debt service in year one is 1.07 to l. This indicates, again, that North Central would nõt be in compliance with the fi- nancial tests as described in the Bank of Boston loan commit- ment letter. In performing a financial analysis of these pro formas, it is necessary to review all of the assumptions used in developing the pro formas. However, the fact that North Central in their pro formas as submitted is generating nega- tive cash flows which exceed the cash invested into the sys- tem simply indicates that the plan as proposed is not eco- nomically viable. At this date, even if a dètailed review were performed to determine that the revenues, expenses and other assumptions were reasonable, the overall financial plan proposed by North Central would still not be viable. At this time if the analysis were to be completed with- out further discussion with North Central's management it would be my opinion that North Central's financial plan is not viable. This conclusion is reached on the basis that there is not enough c"sh investr,d to fund the acquisition and operation of the system and due to the fact that the pro formas as submitted would not comply with the financial tests required in the Bank of Boston loan commitment letter. KPC:abg O'CONNOR & HANNAN ATTORNEYS AT LAW ,"EAI"O~'. , W....HllrUSTON ,tItICK J. O'CONNQII t..A.,.RI;NCE: ,.. G. IoIOLO"IET .....T'UCK J. O'CONNOR ,.. GORDON U:£' ..101; A. W...LTEIIS CAVIO KANTOR E:DWARO W. .AOOKI;· 1:111111$1'0..1-1(.11 O. COURSEN' THOMAS .... ICE:LLI!:R III T,",II:OooI'I£ 1(. 'UReCR 3800 IDS CENTER H. A08£M HA!."C"· TI"'OTI1'1''''. oIAAKE" HICNAr... c. MCGUIRt ~"r.NC£I!:."'tUWISSCN JOStPH C. OU.LON "'ICHAtL,J.,.tRREI.!..' ROBERT J. 0:..IIII5TI_50.., JR. RICHARD I.. tVANS 80 SOUTH EIGHTH STREET THOMAS H. OUI"''''' GtORGE:,J. ......NNINA, JR,' J......I;S It. OOAS£'I' IICVIN....IIU$CI-t OMIIO A. I"I£I.IN<:O"- GIl.SCATC......ADy· A"'DRCW J. $1-111:... VIRGINIA M. LOIIIO "ICHARD O. MORCIA'" JOHN J. MCOCRMOTT- WII.I.I...... It. "COAA"'N JUl.!: M. ....."'......,.01'10 IV MINNEAPOLIS, MINNESOTA 55402~2254 "'VLI!:$.J. ......11110$£· <:"'''11"1:'1' RCGCN!!T!:IN' DOUGL.os M. <:AIIINIVI..... VoURICN III I.ONltROAN "0"1; S. l'OSYI;II' PIl:TEII.... KAZON' I<CNT C. "ICM£T CANICL. L.. WIL.E$ TooIOlot¡t,S II. JOL.L.Y' C""L.T II. 1"...11...01$£' .I...""cs.... "U8£H$1'1:IN "'ICM...£L..J. GIII",£S 16121 341-3800 ....II""..J. CUTL£R' ...foIOIICW.... ..JAX...·O£IIICI<I· TMO"'¡t,S R. SIoIItIl...N ",...IItGAIIET "'. VAfoI V"'LI<ENBUIIC) pETC"C.I<ISSEI.· IIA(;IoIEL OIl",...IICUS· JOHfoI .... BURTON. JII. .....III<..J. ...TOTTI; ~T"'CI( £. O'OONNELL' J. TI",OTHV O·NCII.L· ROeEM....IRUNIO ROB£RT" J¡t,SItOW''''K · ..JOSCpH H. IL...TCHI'"O"O' TI"'OTHT W. JCNI<I...S· WILI.I"'" £. I'"l.v...N OEBR"C). STRCHl.QW · TELEX 29-0584 ..JOHN P. "'CAOC' G"'RT C. ...OI.CR· OON"L.O S. ..."eOUR COIIEV..J. "VI.ING ..J"''''U..JKIL.CSIII· ..J"''''£S p.O·"'e"'R" STCVCN..J. OZUIt"K · "'IC......£LC.V£VC· c:.oNSUL.T"NT oaUGI.¡t,S ..J. I'"II"'NZEN J. R. 1'01I£N ,. TELECOPIER 16121 343-1256 CH"'AI.£S W. GAR"ISON III' "''''RT SCOTT GU£ST' WILI.'"'''' 0. HUL.L W CHRIST'''''' W. I'"LE~' OAVIDW.I<£I.L.£V 0" COUICKL ~ TMO",¡t,S 0. CllltlOHTON NICIe H"'T I'"RltOCIIICIe W. THO"'¡t,S " ...... RelB£RT 0. STRAI,IOHN WII.I.I...'" c:. I<£I.LV 1111".-18701 ~ "'ARTIN lot. eIl:ALINCR' OAVIO....ZISSCR· "''''''OLO R. ICApU\...· L....,,"" O. G"'L.L.CGOS· TII:II£NCe P. 80TLE:- J...""£S.... ......TIONS· - ReI.£Af WI£GANO II' 01"1\111: eL.LCSZNC'" DIRECT DIAL NUMBtR O~IR ameli: :~I~~ o. c:. o..~c.. ~:~:igu'i.Tflc NOLA S. OVAL' S £ .700 ON U"'IT£O ...."'1< CCNTC" 1818 pCNNSYI.VANI... "'V£NUC N.W. ""01'110', SPAtN 1700 LINCOLN STIIEI;T W¡t,SH'NGTON. 0. C. 2000e-~ .013'31'00 'foIOT "'CHec" 01'" HINN£SOT... OAII ~3~~E~~7~Z03·.1W7 12021 887".00 TCLCXZ3~ O"COU"'_I. 01'" COUHHL, LOCAL COUN8CL WILLI"'" T. H"'NNAN 118U-UileS! ''''''''I<J, WUIGA' DotNIO eURLI"'''''''''II:' JOHN J. I'1..VNN WILLI"M II. 'ISooI"'AN' DAVID c:. TII££N' WIL.L.'''''' It <;;ROTTY' MEMORANDUM TO: Directors of the Quad Cities Cable . _ / Communications Commission (""" I, l' /J . -11" k. I" FROM: Thomas D. Creighton and Mark J. AYO:;Jµ(wy}j~ Legal Counsel DATE: September lO, 1986 , /' RE: Group W:Cable, Inc. Request for Approval of Trans- fer of Ownership and Control Please find below a summary and analysis of the proposed transaction regarding a request from Group W Cable, Inc, , to the Member Cities of the Quad Ci ties Cable Communications Commission to approve the sale and transfer of all of the issued and outstanding shares of the capital stock of Group W Cable of Quad Cities, Inc. to North Central Cable Communi- cations Corporation. The purpose of this report is to provide the Commission with an understanding of the transaction and the standard for reviewing whether to approve it. , I. INTRODUCTION The Member Cities of the Commission had been requested to approve the sale of stock in Group W Cable of Quad Cities, Inc. to North Central Cable Communications Corpora- tion. This request arises out of the previous denial of Transaction #2 wherein the Commission and the Member Cities disapproved the sale of stock in your system from Group W to North Central Cable Communications Company, L.P. It is important to note that although the process and factors to be considered by the Commission in this request for approval are similar to the earlier process, this request is separate and distinct. The Commission should not rely upon earlier information or previous perceptions. The parties to this request for approval and t·he information provided is slightly different from that which the Commission previously considered. This memorandum analyzes the current proposed transaction before the Commission. II. DESCRIPTION OF TRANSACTION A. Background. Before considering this transaction, the Commission should be aware of the current structure of Group W Cable, Inc. The earlier Transaction #1 involving the sale and transfer of all of the issued and outstanding shares of the capital stock of Group W Cable, Inc. from Westinghouse Broadcasting and Cable, Inc. to the consortium of five Buyers closed on June 19, 1986. Group W is now supervised - 2 - by a Board of Directors designated by the new Buyers. Each Buyer has primary operational responsibility for the group of cable systems which it had agreed to subsequently pur- chase or dispose of pursuant to the Buyer's purchase agree- ment. The six suburban Minnesota systems had been designated by the Buyers to be purchased by Daniels & Associates, Inc. ("Daniels"). Daniels had assigned its interests to Daniels- Hauser Holding Company ("D.H. Holdings") , a Colorado general partnership. Furthermore, D.H. Holdings has assigned its rights to acquire a number of systems, including the Minne- sota systems, to North Central Cable Communications, L.P. , ("North Central-L.P.") a Minnesota limited partnership. Finally, the right to acquire each specific system has been assigned to North Central Cable Communications Corporation ("North Central"), to whom the present request for transfer approval is pending. Since the close of the earlier trans- action, the management of each Minnesota system was immedi- ately undertaken by North Central-L.P., as agreed by the Buyers pursuant to a management agreement with Hauser Com- munications, Inc. This change in management of each system could legally occur without Commission approval. B. Proposed Transaction. The proposed transaction involves a number of different entities and organizations with a series of assignments of an interest to acquire the Minnesota cable systems. Note - 3 - that each assignment of the interest to purchase each system is not a transfer of ownership of the system. The proposed transaction involves the following primary entities: 1. Daniels & Associates, Inc. ("Daniels") -- a Delaware Corporation. 2. Daniels - Hauser Holding Company ("D-H Hold- ings") -- a Colorado general partnership con- sisting of Daniels & Associates, Inc. and North Central Cable Communications, L.P. as general partners. 3. North Central Cable Communications, L.P. ("North Central - L.P.") -- a Minnesota limited partnership consisting of Hauser Cable Communications Inc. as general partner, and R.E. Hauser, Inc. as limited partner. 4. Hauser Cable of Minnesota, Inc. ("Hauser - MN") -- a Minnesota corporation. 5. Continental Cablevision of Minnesota, Inc. ("Continental Inn") -- a Minnesota corpora- tion. 6. North Central Cable Communications Corporatton ("North Central") -- a Delaware corporation. We have reviewed the necessary documentation to conclude that each of the entities is duly organized and in exis- tence. The organizational existence of Daniels has been certified by the Buyers. We have reviewed a Certification and Joint Venture Agreement regarding D.H. Holdings, which constitutes the partnership agreement of D-H Holdings. We have also reviewed a Certificate of Formation issued by the Minnesota Secretary of State and Limited Partnership Agree- ment creating North Central - L.P. We have additionally been presented with the articles of incorporation and bylaws - 4 - of Continental-MN and Hauser-MN. We have reviewed the necessary restated articles of incorporation issued by the Delaware Secretary of State and an Application of Foreign Corporation for a Certificate of Authority to Transact Business in Minnesota, with an acknowledgment of acceptance by the Minnesota Secretary of State, on behalf of North - Central. The most significant entity for our analysis is North Central, which is designated as the Transferee. North Central is duly organized and is authorized to own and operate a cablesystem. The genuineness of all documents and authenticity of all signatures has been presumed. To facilitate an understanding of the transaction, it should be kept in mind that each of the aforementioned organizations is a separate and distinct entity. D-H Holdings, North Central L.P., Hauser-MN, Continental-MN, and North Central are entities which have been created for the purpose of accomplishing this transaction. A graph setting forth the proposed transaction and transition process is appended to the end of this report. From the information we have reviewed, it appears that Daniels is an original member of the Buyer group which acquired the stock in Group W Cable, Inc. from Westinghouse Broadcasting and Cable, Inc. in the earlier Transaction #1. The Purchase Agreement allowed Daniels to assign its rights to purchase stock in each system to other entities. We have reviewed a certification indicating that Daniels has - 5 - assigned its rights and obligations in the earlier trans- action to D-H Holdings. North Central-L.P. has been assigned by D.H. Holdings the right to acquire the six Minnesota systems by a Joint Venture Agreement dated June 13, 1986. North Central-L.P. has further assigned its interest in the Minnesota systems to North Central by letter dated June 18, 1986. Thus, it is North Central which will ultimately own'the stock in each specific Minnesota cable system. From the information we have reviewed, North Central is a newly created corporation which is owned equally by Con- tinental Cablevision of Minnesota, Inc. and Hauser Cable of Minnesota, Inc. The Commission should note that both Con- tinental Minnesota and Hauser-Minnesota are also stated to be newly created corporations. III. STANDARD OF REVIEW The Commission's task in this process is to review the information provided regarding the transaction and to recom- mend to its Member Cities approval or denial of the transfer of stock from Group W, Inc. to North Central. The Cities must make the ultimate determination. The franchise and state statute provides the Cities with the express right to approve or disapprove the transfer of ownership in their franchise and system. The standard of review is that the Cities' consent shall not be unreasonably withheld. For the purpose of determining whether it will consent to the change - 6 - in control and transfer of the stock, the Commission has made inquiry into the legal, technical, and financial quali- fications of North Central, as well as other appropriate factors. In analyzing the transaction, the Commission must con- sider whether North Central meets all of the criteria orig- inally considered in initially granting the franchise to Group W. Note, however, that this analysis is not a comparison between Group Wand North Central to determine which is more qualified. Rather, the analysis is an appli- cation of factors to determine whether North Central satis- fies the standards to the reasonable satisfaction of the City. The Commission should consider the following factors in determining whether to recommend approval or denial of the transfer to North Central: 1) Legal and character qualifications of North Central; 2) Technical ability of North Central; 3) Financial stability of North Central; and 4) Other appropriate factors. IV. ANALYSIS The sources of information used in examining the legal, technical, and financial abilities of North Central include the Municipal Request For Information and other supplemental information provided by Group W, Continental, and North Cen- tral. Any subsequent transfers to Continental in the years - 7 - to come are ~ the subject of this analysis and will not be approved by any response by the Cities to this request. A. Legal Qualifications The legal qualifications standard relates primarily to an analysis of whether the entities involved in the transac- tion are duly organized and authorized to own the cable - system and franchise. Certain entities, such as certain television broadcasting stations, national television net- works, and certain telephone companies, are prohibited by Federal law from owning, operating, or controlling a cable television system. We have reviewed the Federal cross- ownership prohibitions and have determined them to be in- applicable, although these restrictions are primarily a concern of the companies involved. Moreover, we have been provided with the necessary documentation which shows that each of the entities is duly organized and authorized to own a cable system and franchise as described above. The character qualifications of North Central, as well as the principals of the organization, are satisfactory. Since North Central is a newly created entity, it is appro- priate to reviei the character qualifications of its prin- cipals. North Central has provided information showing that neither it nor any principal has ever been convicted in a criminal proceeding of any crimes against character. Although Continental Cablevision, Inc., the parent company of Continental-MN, was previously involved in proceedings - 8 - before the Federal Communications Commission, no violation of FCC regulations was adjudicated. Based upon our review of the information provided, it would appear that the Commission or Cities could not reason- ably withhold approval of the transfer based upon the legal or character qualification of North Central or its prin- - cipals. B. Technical Ability The technical ability factor relates to the technical expertise and experience in operating and maintaining a cable system. This analysis focuses upon the current and former experience of the proposed Transferee. Since North Central is a newly-created entity, it has not directly owned or operated any cable systems. Therefore, the ability of its managing principals must be reviewed. Information has been provided concerning such other individuals' and enti- ties' experience in owning, operating, and managing cable systems. Hauser Cable of Minnesota, Inc. , as one-half owner of North Central, will be primarily responsible for the manage- ment of North Central by virtue of its control of two directors' seats of North Central. Moreover, North Central has stated that it intends to enter into a standard manage- ment agreement with Hauser Communications, Inc. ("HC") to be responsible for the day-to-day supervisory management of North Central and the cable systems. - 9 - The information which we have reviewed indicates that Mr. Gustave M. Hauser, Mr. John Evans, as the primary in- dividuals of North Central, and HC, as the primary organiza- tion involved in management, have extensive cable management capability and experience sufficient to satisfy the tech- nical ability factor as applied to each respective cable - system. Mr. Hauser is Chairman and Chief Executive Officer of HC, Arlington Cable Partners, and Suburban Cablevision Company. He formerly served as Chairman and Chief Executive Officer of Warner Amex Cable Communications, Inc. He has been involved in cable television and other electronic com- munications since the early 1960's. Mr. Evans, as President of HC and Arlington Cable Part- ners, has l3 years of management experience in the cable television industry. He manages a 34,000 subscriber cable system in Arlington, Virginia and a 33,000 subscriber system in Brooklyn Park, Minnesota. He has also served as System and Regional Manager for over 90,000 subscribers in Columbus, Ohio, for American Television and Communications. Hauser Communications, Inc., which will be the manager of each Minnesota cable system, has experience in managing the Arlington System, Brooklyn Center system, and is in- tending to acquire a 23,000 subscriber system in Montgomery County, Maryland. The inclusion of Continental-MN, a wholly-owned sub- sidiary of Continental Cablevision, Inc., should not be - lO - considered as directly bringing any additional technical capability to the operation of your system. Although Continental-MN owns one-half of the stock of North Central, the agreement between Continental and Hauser allows Hauser to control two of the three seats on the Board of Directors. It would appear that Continental's involvement - is primarily as an investor in the system. Although Con- tinental Cablevision, Inc. has extensive experience in the cable industry which could be brought to the management of your cable system, since it does not control the management of the corporation, its experience is subject to the de- cision of Hauser. Based upon our review of the information provided, it would appear that neither the Commission nor Cities could reasonably withhold approval of the transfer based upon the technical ability of the transferee. C. Financial Stability The financial stability factor relates to whether North Central has the financial resources available or committed to not only acquire the system, but also to meèt the exist- ing franchise requirements. The Commission has engaged Mr. Kevin P. Cattoor, Financial Communications Consultant, to undertake a review of this factor. Mr. Cattoor has prepared an independent report of his analysis, and the Commission is referred thereto. - II - \ D. Other Relevant Factors Other appropriate factors which have been reviewed for the purpose of determining whether to approve or deny this transaction are contained in the Municipal Request For In- formation. The most significant factor to be considered is ~ whether the cable franchise will be transferred intact and - whether North Central will agree to comply with all existing franchise requirements. The information which we have reviewed indicates that North Central is not currently requesting any franchise " modifications as a condition of the transfer. Moreover, under the terms of the original purchase agreement of the consortium, North Central is prohibited from requesting any franchise modifications as part of this transfer. In other words, all systems are to be sold and transferred "as-is". Consequently, North Central will agree to receive transfer of the franchise intact. With respect to the franchise requirements regarding the existing service area and line extensions, North Central has indicated that it will comply with the existing franchise requirements and obligations. The construction practices of North Central regarding aerial and underground installation and standards will also conform to existing franchise re- quirements, including the burial of snow-drops at no charge to the subscriber in the spring. North Central has not proposed any modifications to the channel capacity or system - 12 - design (both subscriber and institutional network) and will assume all existing franchise obligations regarding future activation of channel capacity and upstream capabilities, interconnection, performance testing and system maintenance policies. North Central has stated that its personnel will assist current users of the institutional network. - Moreover, North Central has agreed to assume all obli- gations regarding the resolution of customer complaints. We can take notice of the fact that HC, as current manager of the system has already implemented improvements to the cus- tomer service obligations by extending office hours. North Central does not propose any addition or deletion of any programming services. In the area of local programming and public access, North Central will agree to assume all existing franchise commitments, including. equipment, facilities, staff, and funding. North Central will not agree to forego modifica- tions of the local programming/public access commitments in the future. North Central does not propose any additions to the access commitments. With respect to proposed rates, North Central is not proposing any changes in the applicable franchise require- ments and will operate consistent with federal law in set- ting rates. North Central's expected rates are detailed on a rate schedule contained in the financial information. For those rates which are deregulated under federal law, North - 13 - Central is permitted to charge whatever it desires. Any regulated rate will remain the same. North Central has also indicated that it will comply with all federal, state, and local laws relating to discrim- ination, equal opportunity employment programs and affirma- tive action programs. Moreover, North Central will abide by - all existing franchise requirements relating to staff posi- tions and managers, to the extent these issues are subject to the Commission's control. North Central has agreed to execute the existing fran- chise between Group Wand the franchising authority, and to comply with all terms and conditions of the franchise. Additionally, North Central proposes that it will guarantee the performance of the franchise. North Central states that it is fully capitalized and has substantial assets, which includes the other five neighboring Group W systems. In addition, North Central states that it has arranged for the existing performance bonds and letters of credit previously established by Group W Cable, Inc. to remain in place and be guaranteed by Continental Cablevision, Inc. and Hauser Communications, Inc. North Central has taken the position that neither Hauser Communications, Inc. nor Continental Cablevision, Inc. are required to guarantee the performance . of the existing franchises. The franchise provides that if the grantee is a sub- sidiary or wholly-owned corporate entity of a parent corpo- - 14 - ration, performance of the franchise must be secured by guarantees of the parent corporation "in form and substance acceptable to city, " In this case, North Central . . . . states that the original grantee, Group W Cable of Quad Ci ties, Inc. , will remain in place as a subsidiary corporate entity of a parent corporation, North Central. The question before the Commission and the cities is whether North Central's guarantee of the performance of the franchise is "acceptable in form and substance". If not acceptable, the offering of an unacceptable guarantee wóuld . be a violation of the franchise and more probably than not, would be a reasonable basis for the withholding of approval of the transfer. If not, the Commission and cities must de- cide whether the guarantee of either Hauser or Continental or both would be acceptable. The question of the guarantee is related to the amount of equity, the negative cash flows in the first five years indentified for not only your system, but also for the neighboring Group W systems and the fact that the assets of the other systems are pledged as security to the Bank of Boston. Mr. Cattoor's report addresses these factors more specifically. North Central has stated that Hauser and Continental· are reluctant to guarantee the franchise based upon common industry practice and the reluctance to show the guarantee as a liability on the corporate books. The Commission should consider these arguments in light of the perceived need for the guarantee. - lS - Based upon our review of the information constituting other appropriate factors, and recognizing the uncertainty as to judicial interpretations of the 1984 Federal Cable Act, it does not appear that there is any legally justifi- ~ able reason to withhold approval of the transfer to North Central in the areas of legal or technical. The area of financial ability to perform the franchise commitments appears to be the only remaining question for the Commission's consideration, albeit an extremely signifi- cant consideration. Depending upon the policy determination regarding the viability of the financial plan and the associated guarantee of performance, or lack thereof, Com- mission staff is prepared to prepare the necessary documen- tation to approve or deny the transfer of ownershiþ. - 16 - , ~ '"'.~... =~"""""/ '-~J. ..~-- ' . Nor"'..h ~~>¡ . .....-.. ~'-J .-, " ,~~.:.,..õ" . . 3Ur.".s<I1.11el C . tral !rCj l::UCurbs' ~ C.1. ties. ;,,!',c . I ~.. me . ~p, --c,1 '" uçan, I.'1C. en, - lOOt 1 MS 1 M' 34\ I 100' 100\ I ( I I , ;.ME:P.IG.... 'ŒIE/ISICN AND et:nf.'NICA'l'ICNS c:¡:,p. ... 'ŒU:-<XH!mCA'l'ICNS. cr. ,. GROt;P \or INC. ~ œÆ'CAA'l'ION ' , Cl\.oqm.s .. "-SSCC!A..'"'ZS, ~. ib ~ SCJ.1mo<'r.ST O.&.E ~"VISIa;, ~¡ç. I - - ---- --------------------- --------- · Transition (1) ? Process: DANIELS-HAUSER HOt.ûINGS I Louisiana/California _ Systems (2) Minnesota Systems I CANIELS , ASSOCIATES, INC I NORI'H C!NI'AAL QI.SLE CCfoM:NICA1'ICN$,t..P,\ · ()) Assignment J - - - - - - - - - - - - - - _.- - - - - - - - - - - - - - - - - - - - - - · PROPOSED: I ! I ~ CASWlISICN , I CE MJ:NNESO'I'A, INC. :-W'¡¡;~"I' NOR'1'H CENTRAL CAStE AG~ "'"I'm ~ COMMUNICATIONS ¡:,;.t:SZR CORPORATION - - - - CCl+I"NICATICNS. ~. · IWJSD QI.SLE œ ~, .111:. I · . \ · I I Burnsvill North ~~, Quad ~ey/ Col. Hqhcsl I Eagan, Inc Cantral,Il1c uburbs,!r1C:. Cit:ies,Irx:. wash..!r1c. illt:Op,r:1C:.' · 100\ lOOt 100' 100' 100' 34' t I , i I . I '.. _.. _........ - .1,. _.. ......... _...1....... ............ 1.____....__ ___:.. ..__.._ ...__ ..._'-_ _ __ _ ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl82~86 MOTION BY COUNCILMAN Kniqht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT BIDS FOR PROJECT NO. 86-l9 ,FOR STORM DRAINAGE FOR DEHN'S POND AREA. ----- WHEREAS, pursuant to Resolution No. Rl55-86, adopted by the City Council on the 30th day of September ,19~, TKDA has prepared final plans and specifications for Storm drainaqe ; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 21st day of October, 1986. ---- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifica- tions for Project No. 86-l9 for storm drainage . 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. , October 31, 1986 at the Andover City Hall . MOTION seconded by Councilman Ellinq and adopted by the City Council at a reqular Meeting this 2lst day of October ,l986 with Councilmen Windschitl. Lachinksi, Kniqht. Ellinq voting in favor of the resolution and Councilmen Orttel (absent) voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~,,_ /" W . ~ . ¿Ø J ry ~ndschitl - Mayor ity Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl83-86 A RESOLUTION AUTHORIZING INDEMNIFICATION OF DEDUCTIBLE AMOUNTS FOR PUBLIC OFFICERS. WHEREAS, the City currently has a policy of insurance pro- viding protection for public officers and an employee's liability policy; and WHEREAS, said policy contains a $200 deductible; and WHEREAS, Minnesota Statutes 466.07 provides that the Council may defend, save harmless, and indemnify any of its officers and employees, whether elective or appointive, against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act of omission occurring in the performance of duty; and WHEREAS, under Subd. la of Section 466.07, the statute states, "Each municipality or any instrumentality thereof shall indemnify and provide defense for any employee or officer against judgements or any amounts paid in settlement actually and reasonably incurred in connection with any tort claim or demand arising out of an alleged act or omission occurring within the scope of his employment or official duties, subject to the limitations set forth in Section 466.04." NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover: l) The City shall reimburse ( amount contained in the Cl employee liability policy; 2 ) City officers, whether elE ~ ¥zo-v protected against any tort vV1~ protected and indemnified provisions of M.S.A. 466.C Adopted by the City Council of the Cit ~ ~ day of October 1986. ( , CI ATTEST: ~(~_ __ Ct./.' æ ¿--ø J ry ~ndschitl - Mayor ,~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 184-86 A RESOLUTION REQUESTING CHANGE IN THE 100 YEAR FLOOD HAZARD BOUNDARY ALONG CREEKRIDGE ESTATES SUBDIVISION. WHEREAS, the City finds that the requested change does not increase the stage of the 100 year flood; and WHEREAS, the City wi 11 revise its offi ci al zoning maps to reflect the change; NOW, THEREFORE, BE IT RESOLVED that the Andover City Council requests a change in the 100 year flood boundary along Creekridge Estates Subdivision as the Boundary change does not change the stage of the 100 year flood; BE IT FURTHER RESOLVED that the City of Andover will revise its offi ci al zoning maps to reflect the change. PASSED by the Andover City Council this 21st day of October, 1986. CITY OF ANDOVER ATTEST: ~/~I /.2 ~iP Je ry ~n scnitl - Mayor { J es E, Schrantz - City Cler CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl85-86 A RESOLUTION DENYING A LOT SPLIT AS REQUESTED BY RAPHIEL STIFTER FOR THE PROPERTY KNOWN AS PIN l2 32 24 14 0003. WHEREAS, the Planning and Zoning Commission has reviewed the lot split request of Raphiel Stifter; and WHEREAS, after such review, the Planning and Zoning Commission did recommend approval of the request noting that this lot split does not create two standard lots, one of which will be attached to the property known as Lot l, Block l, Birchwood Pond owned by Dan Christensen; and WHEREAS, the City Attorney has stated that a metes and bounds parcel cannot be combined with a platted lot. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby deny the lot split request of Raphiel Stifter in view of the City Attorney's findings and after several meetings to deal with this item, Mr. Stifter or Mr. Christensen have not been present. Adopted by the City Council of the City of Andover this 6th day of November , 1986. CITY OF ANDOVER ATTEST: ~<~. ,/ V./· "- ~iP' J ry ~ndschitl - Mayor {. Ja - City C erk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl86-86 A RESOLUTION DENYING THE REQUEST OF GOOD VALUE HOMES FOR A BLANKET VARIANCE TO CHANGE THE SIDE YARD SETBACKS IN THE R-4 ZONING DISTRICT FROM TEN FEET AND TEN FEET TO FIVE FEET AND TEN FEET. WHEREAS, the Planning and Zoning Commission has reviewed the variance request of Good Value Homes; and WHEREAS, after such review, the Planning and Zoning Commission did recommend denial of the request citing as reasons for such denial as being l) a hardship is not created due to the topography; 2 ) denial will not affect existing or potential use of adjacent land; 3 ) the request is not necessary to the reasonable use of the land; 4 ) the request is not in conformance with the Comprehensive Plan; and WHEREAS, the City Council is in agreement with the reasons given by the Planning and Zoning Commission for denial. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby deny the request of Good Value Homes for a blanket variance to change the side yard setbacks. Adopted by the City Council of the City of Andover this 6th day of November , 1986. CITY OF ANDOVER ATTEST: ~'~-ý (u' L? _ ,.p' J ry W ndschitl - Mayor J Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl87-86 A RESOLUTION APPROVING A LOT SPLIT AS REQUESTED BY ELMER DARGIS FOR THE PROPERTY KNOWN AS PIN l7 32 24 33 0001. WHEREAS, the Planning and Zoning Commission has reviewed the lot split request of Elmer Dargis; and WHEREAS, after such review, the Planning and Zoning Commission recommended approval of the request noting that it meets the criteria as set out in Ordinance 40, 40A and 40B; and WHEREAS, the City Council is in agreement with the recommend- ation of the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the lot split request of Elmer Dargis to split the property known as PIN l7 32 24 33 0001. BE IT FURTHER RESOLVED that approval is contingent upon the payment of park dedication fees. Adopted by the City Council at a Reqular Meeting this 6th day of November , 1986. CITY OF ANDOVER ~_ ~ fA'; /. /d/ J ry W dschitl - Mayor ATTEST: f Schrantz Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl88-86 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUESTED BY NEDEGAARD CONSTRUCTION TO MINE DIRT FROM THE PROPERTY KNOWN AS OAK BLUFF IN SECTION 26-32-24. WHEREAS, pursuant to published and mailed notice, the Planning and Zoning Commission has conducted a public hearing and reviewed the request of Nedegaard Construction to mine soil from the property known as Oak Bluff; and WHEREAS, after such hearing and review, the Planning and Zoning Commission has recommended approval of the request with reasons for such recommendation as 1) the proposed use will not be detrimental to the health, safety or general welfare of the community; 2 ) it will not cause serious traffic congestion or hazards; 3 ) it will not seriously depreciate surrounding property values; and WHEREAS, the City Council is in agreement with the reasons cited by the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the special use permit requested by Nedegaard Construction, noting the following: l) The route to be used for hauling will be Bluebird Street to Andover boulevard to Hanson Boulevard; 2 ) A surety bond must be posted; 3 ) The grading plan for Oak Bluff will be followed; 4 ) The permit will be limited to a maximum of 7000 cubic yards; 5 ) The hauling will be completed by March l, 1987; 6 ) Signs indicating trucks hauling will be posted where necessary; 7 ) No fill material will be removed from Outlots A or B but only from street construction and that which is currently stockpiled in the park area. Adopted by the City Council of the City of Andover this 6th day of November , 1986. CITY OF ANDOVER ATTEST: ~._ ,,/ {..; . ¿?, /.22/ J ry ~ndschitl - Mayor . J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl89-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION REJECTING BIDS FOR THE IMPROVEMENTS OF PROJECT NO. 86-3 FOR SANITARY SEWER AND WATERMAIN IN THE AREA OF BUNKER LAKE BOULEVARD AND HANSON BOULEVARD. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. R122-86, bids were received, opened and tabulated according to law for Project No. 86~3, with resul ts as follows: Richard Knutson, I nc. $1,606,582.50 Progressive Contractors $1,739,613.95 Northdale Construction $1,846,681.00 c. W. Haul e, I n c . $1,869,572.00 Barbarassa & Sons $2,110,125.00 Lametti & Sons $2,366,542.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby reject the above bids and direct the City Clerk to return to all bidders the deposits made with their bids. MOTION seconded by Councilman Knight and adopted by the Ci ty Counci 1 at a regular Meeting this 6th day of November , 1986, with Councilmen Lachinski, Ellinq, K . ht W' d h'tl Orttel . in favor of the resolution, and nlg , ln sc 1, votlng Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~A_ /' tv'./ ~;z/ J rry ~i ndschti 1 - Mayor mes E. Schrantz Clerk CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA NO. Rl90-86 A RESOLUTION APPROVING THE FINAL PLAT OF WOODLAND MEADOWS AS BEING DEVELOPED BY LAWRENCE B. CARLSON IN THE NORTH ONE-HALF OF THE NORTH- WEST ONE-QUARTER OF SECTION lO-32-24 AND THE SOUTHWEST ONE-QUARTER OF SECTION 03-32-24. WHEREAS, the developer has presented the Final Plat of Woodland Meadows; and WHEREAS, the City Engineer has reviewed such plat for conformance with the Preliminary Plat; and WHEREAS, the City Attorney has presented a favorable title opinion on the property being platted; and WHEREAS, the developer has agreed to pay for street sign costs and installation; and WHEREAS, the developer has agreed to pay the park dedication fee of $26,950, said amount to be certified by the City Engineer; and WHEREAS, the developer agreed to enter into a Development Contract and escrow for the uncompleted work, which is to be determined by the City Engineer; and WHEREAS, the developer has paid the warranty escrow for grading, topsoil, seeding and blacktop in the amount of $8,500. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Andover to hereby approve the final plat of Woodland Meadows as developed by Lawrence B. Carlson. Adopted by the City Council of the City of Andover this 6th day of November , 1986. CITY OF ANDOVER ATTEST: ~r.~. /' ((J " ¿? /;7/ J ry W~ndsch1tl - Mayor James CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO, Rl9l-86 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. 86-26, IN THE BUNKER LAKE BOULEVARD FROM ROUND LAKE BOULEVARD TO UNDERCLIFT STREET AREA, WHEREAS, the City Council has received a petition, dated October 22, 1986, requesting the construction of improvements, specifically Watermain and Sanitary Sewer in the following described area: Bunker Lake Boulevard from Round Lake Boulevard to Undercl i ft Street; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: l. The petition is hereby declared to be signed by 100% of owners of property affected, thereby making the petition unanimous. 2. The proposed improvement is hereby referred to TKDA, and they are instructed to provide the City Council with a feasibility report, MOTION seconded by Councilman Kniqht and adopted by the Ci ty Counci 1 at a Reqular Meeting this 6th day of November , 1986, with Councilmen Lachinski. Ellinq. Knight, Windschitl. Orttel voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~tJ( p ,~q' ~ J ry ndschi tl - Mayor J es E. Schrantz CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl92-86 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 SANITARY SEWER, WATERMAIN, 86-26, BUNKER LAKE BOULEVARD FROM ROUND LAKE BOULEVARD TO UNDER- CLIFT STREET. WHEREAS, the City Council did on the 6th day of November, 1986, order the preparation of a feasibility study for the improve- ments; and WHEREAS, such feasibility study was prepared by TKDA and presenteô to the Council on the 6th day of November, 1986; and WHEREAS, the property owners have waived the right to a publ i c heari ng; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible; and NOW, THEREFORE, BE IT RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifi- cations for such improvement project. MOTION seconded by Councilman Knight and adopted by the Ci ty Counci 1 at a Regular Meeting this 6th day of November, 1986, with Councilmen Lachinski, Orttel, Knight, Windschitl, Elling voting in favor of the resolution and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~- ---fA"" /. /-a/ (,2 J ry ~i n schi tl - Mayor J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 193-86 A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION HELD ON THE 4TH DAY OF NOVEMBER, 1986 IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER: The Municipal Election was held in and for the City of Andover on the 4th day of November 1986; 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 Jerry Windschitl l135 - 85.9% 36l-89.4% 929 - 87.3% 319 - 78.5% Overvotes 0 0 0 0 Undervotes l85 - l4.0% 43-l0.6% 135 - l2.7% 90 - 22.l% Councilmen Jim Elling 920 - 34.9% 3l5-39.l% 811 - 38.l% 288 - 35.2% Mike Knight l035 - 39.2% 307-38.l% 787 - 36.9% 284 - 34.7% Overvotes 0 0 0 0 Undervotes 680 - 25.8% l84-22.8% 530 - 24.9% 246 - 30.0% The following are hereby declared and certified as those elected: Mayor - Jerry Windschitl (Two-year term) Councilmen - Mike Knight, Jim Elling (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 6th day of November , 1986. CITY OF ANDOVER ATTEST: ~/ÚJ'~~d J ry indschitl - Mayor CITY OF ANDOVER, MINNESOTA ELECTION SUMMARY GENERAL ELECTION NOVEMBER 4, 1986 Precinct 1 Precinct 2 7:00 A.M.-2,l49 Registered voters 7:00 A.M.- 606 Registered voters 8:00 P.M.-2,282 Registered voters 8:00 P.M.- 642 Registered voters l33 New registrants 36 New registrants l,32l Ballots Cast 404 Ballots Cast Precinct 3 Precinct 4 7:00 A.M.-l,950 Registered voters 7:00 A.M.- 708 Registered voters 8:00 P.M.-2,025 Registered voters 8:00 P.M.- 746 Registered voters 75 New registrants 38 New registrants l,064 Ballots Cast 406 Ballots Cast City of Andover Registered Voters 1980 4,560 1982 4,745 1984 4,890* 1986 5,695 *This figure does not include those who registered the day of the General Election in 1984. Those records are unavailable. The figures for the undervotes in Precinct il include write in candidates as follows: Mayor - James Davis - 1 vote Elroy Wicklund - 1 vote Council - James Hiltz - 1 vote Richard Craig - 1 vote CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rl94-86 A RESOLUTION APPROVING ALTERNATE 'A' ALIGNMENT FOR RELOCATED CROOKED LAKE BOULEVARD (COUNTY STATE AID HIGHWAY 18). WHEREAS, alternate 'A' provides the safest intersection between Crosstown Boulevard and Bunker Lake Boulevard with less congestion and better sight distance; and WHEREAS, alternate 'A' provides the best traffic access to the developments along relocated Crooked Lake Boulevard; and WHEREAS, there is wetland encroachment on both alignments, alternate 'A' has the 1 east impact on qual i ty wetl ands and wildlife habitat; and WHEREAS, alternate 'A' encroaches on a wetland that is a storm water retention area; and WHEREAS, the proposed roadway will provide some separation . between Red Oak storm water retention area on the east side of the proposed roadway and the open water on the west of the proposed roadway; and WHEREAS, the impact to wetland 615 W will be mi nimal because the 4' high fi 11 section will be floated on Geotextile material; and WHEREAS, no trees wi 11 be removed along the wetland, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that alternate 'A' i s selected as the preferred alternate over alternate ' B' (along Coon Creek) because alternate 'A' has the least impact on quality wetlands and wildl ife and provides for the safest most efficient transportation route. PASSED by the City Council of the City of Andover this 6th day of November, 1986. CITY OF ANDOVER ~W~/ ~~"P - erry Windschitl - Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, R195-86 A RESOLUTION REQUESTING VARIANCE FROM RULE 8820.1400. SUBPART 3. WHEREAS, the Andover City Engineer did not understand the request (for increased maintenance funds to pay bond interest) at the beginning of the bond was not adequate and that a request must be made each year; and WHEREAS, a request was made January 14, 1986; and WHEREAS, the maintenance fund interest allotment was part of the bonding program; and WHEREAS, the City of Andover needs these funds in the amount of $36,841 maintenance and interest funds in the amount of $36,850 to make their bond payment; and WHEREAS, the City was advised to request a variance under rule 8820.3300; and NOW, THEREFORE, BE IT RESOLVED, that the City of Andover requests a variance from rule 8820.1400 providing maintenance funding for 1986 in the amount of $36,841 maintenance and $36,850 for interest payments for the State Aid improvements. PASSED by the City Council of the City of Andover this 6th day of November , 1986. ~ fA,)·./- ~r.'d rry indschitl" Mayor ATTEST: £ _.C·' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 196-86 A RESOLUTION APPROVING A LOT SPLIT AS REQUESTED BY DONNA GREEN FOR THE PROPERTY KNOWN AS 2733 BUNKER LAKE BOULEVARD. WHEREAS, the Planning and Zoning Commission has reviewed the lot split request of Donna Green; and WHEREAS, after such review, the Planning and Zoning Commission recommended approval of the request citing the following reasons 1) the proposed use will not be detrimental to the health, safety or general welfare of the community; 2 ) it will not cause serious traffic congestion; 3) it will not seriously depreciate surrounding property values; 4) The lot split is in harmony with the general purpose and intent of the zoning ordinance and the Comprehensive Plan; and WHEREAS, the City Council is in agreement with the recommend- ation of the Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the lot split request of Donna Green to spli t the property known as 2733 Bunker Lake Boulevard. BE IT FURTHER RESOLVED that approval is contingent upon the payment of park dedication fees. BE IT STILL FURTHER RESOLVED that the lot remnants are to be attached to PIN 33 32 24 13 0038. Adopted by the City Council at a regular meeting this l8th day of November , 19 86 . CITY OF ANDOVER ATTEST: ~~/ tv 6!- ~j~ J ry ndschitl - Mayor [ Jame - Clty erk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO.Rl97-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 86-26, FOR WATERMAIN. WHEREAS, pursuant to Resolution No,191-86, adopted by the City Counci 1 on the 6th day of November, 1986, TKDA has prepared final plans and speci fi cati ons for Watermain Construction; and WHEREAS, such final plan and specifications were presented to the City Council for their review on the 18th day of November, 1986, N'01<¡" THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications for Project No. 86-26 for Watermain Construction. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek publ i c bi ds as required by law, with such bids to be opened at 10:00 AM, Tuesday, November 25, 1986 at the Andover City Hall, I MOTION seconded by Councilman Kniqht and adopted by the City Council at a regular Meeting this l8th day of November , 1986 with Councilmen Ellinq. Lachinski. Kniqht, Windschitl, Orttel voting in favor of the resolution and Councilmen none voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ W_ð~ J ry . ndschi tl - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R198-86 MOTION by Councilman Orttel to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF SANITARY SEWER AND WATERMAIN, PROJECT NO, 87-3, IN SECTIONS 22, 23, 25, 26, 27, 28, 34, 35 & 36 EXCLUDING RED OAKS MANOR ADDITIONS, LUNDS EVERGREEN ESTATES, BARNES ROLLING OAKS ADDITIONS, NIGHTINGALE ESTATES ADDITIONS & THE SOUTH PART OF WATT'S GARDEN ACRES, WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically Sanitary Sewer and Watermain in the following described area: Sections 22, 23, 25, 26, 27, 28, 34, 35 & 36 excluding Red Oaks Manor Additions, Lunds Evergreen Estates, Barnes Rolling Oaks Additions, Nightingale Estates Additions & the South part of Watt's Garden Acres; and WHEREAS, the City Council proposes to assess the benefitting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The Ci ty Counci 1 is cognizant of the need for improvements, 2, The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman Lachinski and adopted by the Ci ty Counci I at a Special Meeting this 20th day of November, 1986, with Counci I man Ellinq, Kniqht, Lachinski. Orttel voting in favor of the resolution, and Mayor voting present, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ~ fA/' p' /....¿:¡/ rry ndschi tl - Mayor -" Ja CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R200-86 MOTION by Councilman Orttel to adopt the following: A..RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF SANITARY SEWER AND WATERMAIN, PROJECT NO. 87-3 IN SECTIONS 22, 23, 25, 26, 27, 28, 34, 35 & 36 EXCLUDING RED OAKS MANOR ADDITIONS, LUNDS EVERGREEN ESTATES, BARNES ROLLING OAKS ADDITIONS, NIGHTINGALE ESTATES ADDITION & THE SOUTH PART OF WATT'S GARDEN ACRES. WHEREAS, pursuant to Resolution No, RI98-86, adopted the 20th day of November, 1986, a Feasibility Report has been prepared by TKDA for the improvement of Sanitary Sewer and Watermain Project No. 87-3 in Sections 22, 23, 25, 26, 27, 28, 34, 35 & 36 excluding Red Oaks Manor Additions, Lunds Evergreen Estates, Barnes Rolling Oaks Additions, Nightingale Estates Additions and the South part of Watt's Garden Acres; and WHEREAS, such report was received by the City Council on the 2nd day of December, 1986; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 2~Ol5,850 -- 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, 87-3, for the improvements of Sanitary Sewer and Watermain in Section 22, 23, 25, 26, 27, 28, 34, 35 & 36 excluding Red Oaks Manor Additions, Lunds Evergreen Estates, Barnes Rolling Oaks Additions, Nightingale Estates Additions and the South part of Watt's Garden Acres as prepared by TKDA. 2. The Counci 1 wi 11 consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $2,Ol5,850___ 3, A publ ic hearing shall be held on such proposed improve- ment on the 14th day of January, 1987 in the Council Chambers of the City Hall at 7:30 pm. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTI ON seconded by Councilman Elling and adopted by the City Council at a regular Meeting this 2nd day of December , 1986, with Councilmen Lachinski, Knight, Orttel, Windschitl, Elling voting in favor of the resolution, and Councilmen none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO, R20l-86 A RESOLUTION DESIGNATING SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY, WHEREAS, Minnesota Statutes Sec. 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, the First National Bank of Anoka has previously been designated as the City's official depository for 1986; 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; and WHEREAS, by Resolution No. R015-86 the City Council designated the First Bank St. Paul, First Bank Minneapolis, Norwest Bank St. Paul, American National Bank of St. Paul, National City Bank of Minneapolis, Norwest Bank Minneapolis, the Fidelity Bank and Trust Company, F & M Marquette National Bank of Minneapolis, First Federal Savings and Loan, Midwest 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 Stanley, Merrill Lynch, Dain Bosworth Inc., Dean Wittier Reynolds Inc., Piper Jaffray & Hopwood Inc., Kidder P.eabody & Co. be designated as additional depositories for 1986 for invest- ment purposes only; and WHEREAS, the City Council wishes to add St. Anthony National Bank of Andover to the list, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that St, Anthony National Bank of Andover is hereby added as an additional depository for 1986 for investment purposes only. Adopted by the City Council of the City of Andover this 2nd day of December, 1986. CITY OF ANDOVER ~Á.o<.- /" ¿;/ 11 Ad/' erryúWindsch1 T - Mayor ATTEST: .J James CITY OF ANDOVER COUNTY OF ANOKA STATE OF MtNNESOTA RESOLUTION NO. R202-86 A RESOLUTION CONCURRING IN A PETITION FOR A BOUNDARY CHANGE BETWEEN THE COON CREEK WATERSHED DISTRICT AND THE LOWER RUM RIVER WATER MANAGEMENT ORGANIZATION WHEREAS, the Cities of Andover, Anoka, Coon Rapids, and Ramsey have joined together under a Joint Powers Agreement to form the Lower Rum River Water Management Organization, and WHEREAS, the Coon Creek Watershed District is a Minnesota watershed created pursuant to Minnesota Statutes Section ll2, and WHEREAS, the Minnesota Legislature has enacted the Metropolitan Surface Water Management Act which is set forth in Minnesota Statutes Sections 473.875 through 473.883, and said legislation requires each water management organization to establish a watershed boundary before commencing planning under the Act and requires the water management organizations to submit a map delineating the boundaries of the watersheds to the Minnesota Water Resources Board for review and comment, and WHEREAS, studies have shown that the districts as originally filed with the Minnesota Water Resources Board are incorrect in that they do not accurately reflect the flow of surface water in an area lying generally east of Round Lake and west of Crooked Lake, and WHEREAS, the consulting engineers retained by the Lower Rum River Water Management Organization and by the Coon Creek Watershed District have now prepared an accurate map of the boundaries in this particular area and said boundary changes have been reviewed by the two watershed organizations, and WHEREAS, the Lower Rum River Water Management Organization and the Coon Creek Watershed District will jointly petition the Minnesota Water Resources Board to establish the new boundaries consistent with Exhibit A attached hereto and; made a part of this Resolution, and WHEREAS, there are four jurisdictions who have control over lands within the area wherE! the boundary changes exist, and they are the Lower Rum River Water Managemént Organization, the Coon Creek Watershed District, and the Cities of Andover and Coon Rapids, and I: WHEREAS, Mihnesota law requires that each home rule city or statutory city having jurisdiction over the territory proposed to be added and transferred must concur in writing with the Petition, and WHEREAS, afJer detailed study it is hereby determined that the proposed boundary change is correct and this municipal corporation desires to concur in the Petition, NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Andover, as follows: 1. We hereby concur in the Petition from the Lower Rum River Water Management Organization and the Coon Creek Watershed District to the Minnesota Water Resources Board to approve a boundary change in accordance with the lines drawn on the map which is marked Exhibit A and is attached hereto and made a part of this Resolution. 2. The City Clerk is hereby authorized to provide a certified copy of this Resolution to the water management organizations to accompany the Petition when. it is filed with the Minnesota Water Resources Board. Passed by the City Council of the City of Andover this 2nd day of December, 1986, CITY OF ANDOVER ~/¿-! ð:./.Lz/ rr Wi ndschi tl - Mayor ATTEST: 1 erk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 203-86 A RESOLUTION APPROVING APPOINTMENTS TO THE POSITIONS OF CITY CLERK AND CITY TREASURER. WHEREAS, the office of City Clerk/Treasurer was previously established by the City council in 1974, and said position has been held by various people since its establishment; and WHEREAS, the duties of said position are being separated to provide for their most efficient administration; and WHEREAS, the amended City Ordinance provides for the establishment of the separate office of city Clerk and the office of City Treasurer. NOW, THEREFORE, BE IT RESOLVED that the Andover City Council hereby appoints vicki Volk to the statutory office of City Clerk and Shirley Clinton to the office of Treasurer effective December l5, 1986. Adopted by the City Council of the City of Andover this 9th day of December , 1986. CITY OF ANDOVER ~ ' ATTEST: A'-A.--... / F Á / 0_ /~ rry 8inJschitl - Mayor J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 204-86 A RESOLUTION REQUESTING NO PARKING SIGNS ALONG ROUND LAKE BOULEVARD IN THE VICINITY OF THE ROUND LAKE ACCESS. WHEREAS, parking along Round Lake Boulevard in the vicinity of the Round Lake Access has caused a hazardous traffic problem in a high speed section of highway; and WHEREAS, there is poor visibility due to the curve and grade of the roadway. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover requests that Anoka County post no parking signs along Round Lake Boulevard in the vicinity of the Round Lake access. Adopted by the City Council of the City of Andover this l6th day of December , 1986. CITY OF ANDOVER ATTEST: ~ Í1J; ð- ¿;q J rry W dschitl - Mayor Ú~ ILl Victoria Volk - City Clerk RESOLUTION NO. R205-86 RESOLUTION RELATING TO GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980, SERIES B: CALLING FOR THE REDEMPTION AND PREPAYMENT OF CERTAIN BONDS BE IT RESOLVED BY the City Council of the City of Andover, Minnesota, as follows: 1. The City has issued and sold its $4,365,000 General Obligation Improvement Bonds of 1980, Series B (1980 Bonds) dated October 1, 1980, 2, 1980 bonds maturing on or after February 1, 1991 are subject to redemption and prepayment at the option of the City on February 1, 1987 and on any February 1 thereafter at a price of par plus accrued interest. 3. The City by Resolution No. R114-86 has issued and sold its $2,485,000 General Obligation refunding Improvement Bonds, Series C for the purpose of refunding the 1980 Bonds subject to redemption. 4. I980 Bonds maturing on February 1 in the years 1991 through and including 2002 are called for redemption and prepayment on February 1, 1987 in accordance with their terms. 5, The Clerk-Treasurer is authorized and directed to publish and mail notice of call for the 1980 Bonds to be redeemed in the manner provided by law and Resolution NO. 105. The notice shall be in substan- tially the following form: (Form of Notice) NOTICE OF CALL FOR REDEMPTION $4,365,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980, SERIES B CITY OF ANDOVER, MINNESOTA Notice is hereby given that, by order of the City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on February 1, 1987 all outstanding bonds of the City designated as General Obligation Improvement Bonds of 1980, Series B, dated October 1, 1980, bearing serial numbers 226 through 873, inclusive, having stated maturity dates of February 1, in the years 1991 through 2002, inclusive, and totaling $3,240,000 in principal amount, The bonds are being called at a price of par plus accrued interest to February 1, 1987, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment with interest coupons attached at the main office of First Trust Company, Inc., as agent for First National Bank of St, Paul, in the City of St. Paul, Minnesota, on or before February 1, 1987. IMPORTANT NOTICE In compliance with the Interest and Dividend Compliance Act of 1983 and Broker Reporting Requirements, we are required to withhold 20% of the principal amount of your holdings redeemed unless we are provided with your social security number or employer identification number, properly certified, This Compliance should be fulfilled through the submitting of a W-9 Form which may be obtained at a Bank or other Financial Institution, Adopted by the City Council of the City of Andover this 16th day of December, 1986. CITY OF ANDOVER ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 206-86 A RESOLUTION DELAYING THE REVOCATION OF THE SPECIAL USE PERMIT FOR TONSON, INC. UNTIL FEBRUARY l, 1987. WHEREAS, it is possible that there have been special events that have taken place under the Tonson, Inc. Special Use permi·t¡ and WHEREAS, it is in the best interest to the City of Andover that the tire processing be continued and completed as early as possible; and WHEREAS, the Minnesota Pollution Control Agency will have an agreement in place with Tonson, et al by February l, 1987 to assure that removal of the tires. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the revocation of the Special Use Permit is tabled until February l, 1987. If the agreement is reached with the MPCA at that time, the Special Use Permit will be continued but amended to allow for a maximum of 36 months of operation with l8 months allowed for the removal of existing tires. The ratio of new to old tires will be replaced by the l8 month depletion schedule for existing tires as approved by the MPCA; and also that the large unshreddable tires on site will be removed from the site within the first l8 months. Adopted by the City Council of the City of Andover this 22nd day of December , 1986 at a Special Meeting by unanimous vote. CITY OF ANDOVER ATTEST: ~ (:r/ ¿,~?¿4 rry ndschitl - Mayor ~ Úb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO, R207-86 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the street hereinafter described should be designed 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: l33rd Avenue NW (MSA 109) from Shenandoah Boulevard (î1SA 114-129) to Hanson Boulevard (.36 miles) be, and hereby are established, located and designated as Municipal State Aid Street of said city, subject to the approval of the Commissioner of Highways of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk i s 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 street or portion thereof, that same be constructed, improved and maintained as Municipal State Aid Street of the City of Andover, to be numbered and known as Municipal State Aid Street 109. Adopted by the City Council of the City of Andover this 22nd day of December , 19 86 CITY OF ANDOVER ! - Mayor ATTEST: fLJ £a Victoria Volk - City Clerk CERTIFICATION I hereby certify that the above is a true and correct copy of a resolution duly pas~oPted and approved bY;Jhe City Council of sa i d City 0 f ~ c,".2 , 1 9 , ~!Úó Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R208-86 MOTION by Councilman Elling to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN, SANITARY SEWER AND STREETS WITH CONCRETE CURBS AND GUTTERS, PROJECT NO. 87-1, IN THE HIDDEN CREEK EAST AREA, WHEREAS, the City Council has recéived a petition, dated November 24, 1986, requesting the construction of improvements, specifically Watermain, Santiary Sewer and streets with concrete curb and gutter in the following described area: Hidden Creek East; 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 signed by 100% of owners of property affected, thereby making the petition unanimous, 2. Escrow amount for feasibility report is 1000. 3, The proposed improvement i s 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 Special Meeting this 22nd day of December , 19 86 , with Councilmen Orttel. Windschitl, Knight, Lachinski, Ellinq voting in favor of the resol uti on, and Councilmen none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ~_ (: a~ rrf) Wl ñdschi tl - Mayor ATTEST: k~ £aI Vi ctori a Vol k - City Clerk