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Home My WebLink About1980 () U \~80 RESOLUTIONS - TABLE OF CONTENTS Zi11hardt variance re detached garage approved 1-2-80 Rl-80 ), ': Pond View Pre. Plat denied 1-2-80 R2-80 . Wobegon Woods final plat accepted 1-15-80 R3-80 Ha1uptzok-Canfie1d road approved 1-15-80 R4-80;i:J (/7 e>'Jt.1 v 4ýS Dump truck bid accepted-Bill Boyer Ford low 1-15-80 R5-80 Stenquist lot split approved 1-15-80 R6-80 Potawatomi-Quapaw-159th surveyed R6-80 PCA to do something about dump 1-29-80 R7-80 Chapman's streets petitions accepted & sewer 2-5-80 R8-80 157th La. accepted 2-5-80 R9-80 Two parks from Anoka County accepted 2-5-80 R10-80 Metro Waste to adopt Alt. $31 re CAB interceptor 2-5-80 Rll-80 Al1adin Acres streets to be readvertised 2-5-80 R12-80 , TKDA to do feasibility report re 133rd, etal 2-19-80 R13B-80 ,... 1./ Enforcement of hazardous waste on 4 properties 2-11-80 R13-80 Sec. 17 rezoned Limited Business-portion-Baker&Sons 2-19-80 R14-80 Baker & Sons Rezoning w/Agreement 2-19-80 R15-80 Variance/D. Burger - Deletion of Property from Moratorium Ordinance 4- 3-80 R16-80 Variance/D. Szykulski - Garage Construction 3- 4-80 R17-80 Lot Split/Canfield 3-18-80 R18-80 Extension/Final Plat - James Hane (Cunningham) 3-18-80 R19-80 Accept Feasibility/133rd, 134, 135th, Gladiola et al 3-18-80 R20-80 Deny Rezoning/Menkveld (Green Acres)-R4 3-18-80 R21-80 , i Rezone Green Acres to R-3 3-18-80 R22-80 Certificates of Indebtedness - $40,000 3-18-80 R23-80 Order Streets/133rd, 134th, 135th, Gladiola et al 3-20-80 R24-80 . Joint Powers w/County - Culvert CSAH No. 9 3-25-80 R25-80 .( . Special Use Permit-Waste Disposal/Lime Sludge 4- 1-80 R26-80 1 (j ~) Feasibility Report - SW Area 4- 1-80 R27-80 Order Feasibility - 138th, Xavis, Eidelweiss St 4- 1-80 R28-80' \ Set Hearing - 138th, Xavis, Eidelweiss St. 4- 1-80 R29-80: ¡ , .J'-' 1-1."'), ~...~:'--':' I {¡:-1_\ ;; .r·';~::___, (:,:-¿'i ,-~. f.':".1 \, r~ --" } R30-80' Lot Split/Esther Olson 4-15-80 R31-80 Lot Split/L. Johanson 4-15-80 R32-80 Variance/Mashuga (Garage Construction) 4-15-80 R33-80 Accept Feasibility-Set P.H. (Southwest Area) 4-15-80 R34-80 Assign Responsible Authority - Date Privacy Act 4-15-80 R36-80 r- ,) I (}(~'- '.J (~(-'}:('Î) \ ¡u-:-- J~¿ - ;..)('/0"_'-' 4-15-80 R35-80 Adopt Records Retention Schedule 4-15-80 R37-80 .: <. \',) '"'. Order Detailed Feasibility Study (SW Area) 4-29-80 R38~80 Order Streets-138th, Xavis, Eidelweiss 5- 1-80 R39-80· Bond Sale - $430,000 5- 6-80 R40-80' \ Variance/A.Oscar Carlson-K.Boulais 5- 6-80 R41-80 ../ Special Use Permit/Germundson Denied (2-family homes) 5- 6-80 R42-80 Preliminary Plat Denied - Good Ridge Acres 5 -6-80 R43-80 Final Plat Extension Denied - Oakwood Terrace (Harstad) 5- 6-80 R44-80 Accept Bids, Award Contract -(1979-2 Xenia Street et al) 5- 6-80 R45-80 State Aid Streets 5- 6-80 R46-80 R47-80 R48-80 Rosaria Bohme Easement (1979-2) 5- 6-80 R49-80 Amendment to Stipulation/Cemetary 5- 6-80 R50-80 Preliminary Plat-Rolling Creek Trails 5-20-80 R52-80 Variance/Donald Peterson/Accessory Bldg. 5-20-80 R-53-80 Accept Final Plans, Set ~~ø 138th, Xavis, et.al (1980-2) 5-20-80 R54-80- Accept Final Plans, SetBi~133rd, 134th, et. al (1980-1) 5-20-80 R54A-80 Accept Feasibility/Set P.H./Eidelweiss 5- 20-80 R55-80 ~\ Accept Feasibility/SW Area-Set P.H. 5-20-80 R56-80 ./ Accept Final Plans/Set Bid Opening-So.Coon Creek Dr. 5-20-80 R57-80 Condemnation/Hanson Blvd. 5-20-80 R57A-80 Test Additional Wells 5-20-80 R58-80 U \ U Preliminary Plat/Hawk Ridge (Defeated 61-80 6/03/80 \ / Variance/Keller (Garage Construction) 62-80 6/03/80 Special Use Permit/Meadowcreek Baptist Church 63-80 6/03/80 L9~ _ ~pl iJ:(V,a1~n.t) neJ" ,'/ é ,_,/ ~~:2-. 64-80 6/03/80 ,- ..' _,r ~ -' i. \ ,- , ~ ¿~~ ;~ - q~ ~~ .) c'Q Adequacy/Petition-172nd Lane NW 65-80 6/03/80 Cftble TV-Establish Citizen~dvisory Board 66-80 6/03/80 ~ ....._.{--- Uc-':; .">'':; -','.~ ;.:s-,'O Approve PlansCSAH No. 9/Anoka County 67-80 :,::~2 6/09/80 Adopt Grades, Alignment/CSAH No.9 68-80 6/09/80 Order Streets/1980-2/Eidelweiss Street 69-80 6/09/80 Preliminary Plat/Andover West 70-80 6/17/80 Extension Final Plat/Birchwood Pond 71-80 6/17/80 Preliminary Plat/Hawk Ridge 72-80 6117/80 Urban Area Rezoning 73-80 6117/80 - PROPOSING ADJUSTMENT TO MUSA 74-80 6117/80 '.J Preliminary Plat/Northglen 75-80 6/17/80 Special Use Permit/Northglen 76-80 6117/80 Ac cept Bids/So.Coon Creek Drive Bridge Approach 77 -80 6117/80 Accept Bids, Award Contract, 1980-1, 1980-2 78-80 6117/80 Accept Feasibility/Set Public Hearing NW Area (1980-4) 79-80 6119/80 r ! Amend 79-80 80-80 Set Public Hearing - IR Financing (Boehland) 81-80 Set Public Hearing - IR Financing (Rademacher) 82-80 7/01/80 Jurisdictional Concerns/Coon Creek Watershed 83-80 7/01/80 Street Standards (Amendment R48-9, M16 2/5/80)) 84-80 7/01/80 Submission of Comprehensive Plan 85-80 7/01/80 Order 172nd Avenue, Lane. (1980-4) 86-80 7/15/80 Order Rest of NW Area (1980-4) 87-80 7115/80 ! , Special Use Permit - Grace Lutheran Church 88-80 7/22/80 , \ J Policy/Tax Exempt Financing 89-80 7/22/80 \ '\ U U Industrial Development Revenue Bonds6~oehland 7-29-BO R90-BO (See Amendment - 9/2/8 Application re above-Rademacher 7-29-BO R91-BO '\ , Final plans S.W. BO-3 project 7-29-BO R92-BO - / Easement - 13Bth Ave. 7-15-BO R93-BO Special Use-Chinander -65933-1690 approved B-5-BO R94-BO Sealcoating bids Northwoods & Red Oaks B-5-BO R95-BO $4,365,000 G.O. Imp. Bonds S.W. area B-5-BO R96-BO G & L Contracting awarded sealcoating B-19-BO R97-BO Approve final plans - Cedar6rest, et al B-19-BO R9B-BO Special use permit-Fearon, beauty shop approved B-19-BO R99-BO Special use permit-Constance Church approved B-19-BO RIOO-BO Klatke lot split approved-65929-2425 B-19-BO RIOI-BO Final plat Northglen approved B-19-BO RI02-BO Election judges approved 9-9-BO RI03-BO ) Well BO-3 project E. H. Renner contract approved 9-9-BO RI04-BO [ Issue sale $4,365,000 GO Imp. Bonds B-26-BO RI05-BO Variance Denial/Stanford Carlson/Garage 9- 2-80 R106-80 Feasibility Report/Order~Curb & Gutter (1980-3) 9-02-80 R107-80 Set Date/Assessment Hearing(80-1, 80-2, 80-4, 79-2) 9-02-80 R108-80 See RllO-80) Amend Reso./Boehland IR Bonding 9-02-80 R90A-80 Award Contract/SW Area 9-02-80 R109-80 Set Date/Assessment Hearing(80-1, 80-2, 80-4, 79-2) 9-08-80 RllO-80 Award Contract/1980-4 9-08-80 R1ll-80 Set Date/Assessment Hearing (1980-4) 9-16-80 Rll2-80 Special Use Permit/Doc "E" 9-16-80 Rll3-80 E Final Plat/Andover West-Phase I 9-16-80 R114-80 Lot Split/Koeplin (Plat 65923, Parcel 1810) 9-16-80 Rll5-80 ) Variance Approval/Storage Bldg/Peach 9-16-80 R116-80 Order Concrete Curb/Gutter - (1980-3) 9-24-80 R117 -80 ü U Certify 1981 Levy 9-30-80 RU8-80 -, Adopt Assessment Roll/1980~ 10-07-80 RU9-80 \ J' Adopt Assessment Roll/1979-2 10-07-80 R120-80 Adopt Assessment Roll/1980-1 10-07-80 R121-80 Adopt Assessment Roll/1980-2 10-07-80 R122-80 Variance/R.Reini-Construct Garage, 65986-7900 10-07-80 R123-80 Special Use Permit/2-Family Homes (Sonsteby) 10-07-80 R124-80 Vacation/139th Avenue (Section 32) 10-07-80 R124A-80 Final Approval/I.R.Bonds-Boehland 10-07-80 R125-80 Certification/Unpaid Sewer Bills 10-07-80 R126-80 Certification/Unpaid Sewer Connection Charges 10-07-80 R127-80 Certification/Unpaid Connection Charges 10-07-80 R128-80 Approve Judges/General Election 10-07 -80 R129-80 Six-Month Extension/Rolling Creek Trails 10-21-80 R130-80 '\ Approve Plans/Pumphouse (1980-3) 10-21-80 R131-80 ~ Special Use Permit/Rademacher-Gas Pumps 10-21-80 R131A-80 Moving Permit/Kim Sai Sia 10-21-80 R132-80 ~) - o CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA NO. RlOl-80 \. '-~ Motion by Councilperson Jacobson to approve A RESOLUTION APPROVING THE VARIANCE REQUEST OF JOHN ZILLHARDT TO CONSTRUCT A DETACHED GARAGE CLOSER TO THE FRONT SETBACK LINE THAN THE PRINCIPAL STRUCTURE. WHEREAS, John Zillhardt has requested a variance to construct a garage on his property described as thc' Easterly 851 of Lot 6, J!uditor's SUDI1i-',,¡:·;): 82; and WHEKEAS; such variance i~ being requested to allow him to construct the garage closer to the front lot line than the principal structure; ~ and \. J WHEREAS, the Planning and Zoning Commission has reviewed the request resulting in a recommendation to the City Council for approval of the request; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being 1) the positioning of the garage in this location does not adversely affect the health, safety, or welfare of the residents of Andover, 2)it does not compromise the intent of the Comprehensive Development Plan or the Ordinances of the City of Andover; and WHEREAS, the City Council is in agreement with the recommendation <) from the Planning and Zoning Commission for the reasons set forth; and WHEREAS, the City Council further acknowledges a future extension of 145th Avenue does not appear feasible to run directly west of its present termination; and WHEREAS, shoreline of the lake and the water table would further prohibit extension of 145th Avenue to the west in a line as it is now laid out; and WHEREAS, topography of the land is such that construction of the garage in any other location would not be feasible; and ) WHEREAS, the City Council is of the opinion that the need for . a garage on the property does exist. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the variance request of John Zillhardt from the provisions of Ordinance No.8, Section 4.05C to construct a garage on the Easterly 851 of Lot 6, Auditor1s Subdivision 82. Motion seconded by Councilperson 0átt3' , and adopted by unanimous vote of the City Council. on this 2n ayof January , 1980. . \ ~tft·J.! ~3 t. j e y 1 n ê it 1 ~~yor u U CITY OF ANDOVER COUNTY OF ANOKA \ STATE OF MINNESOTA \ ; . / NO. 2-80 MOTION BY Councilperson Orttel to adopt the following: A RESOLUTION DENYING THE PRELIMINARY PLAT OF POND VIEW ADDITION AS PRESENTED BY JAMES CONROY WHEREAS, the Preliminary Plat of Pond View Addition was presented to the Planning and Zoning Commission on December 26, 1978; and WHEREAS, a Public Hearing was conducted on this date and continued to a future meeting; and WHEREAS, the matter was again discussed on February 5, 1979, at which time the Hearing was again continued to allow the developer to secure additional information; and WHEREAS, the developer has not appeared before the Commission at any subsequent meeting; and WHEREAS, the City Council is of the opinion that due to numerous .') ordinance changes and lack of activity on the Plat, the file should be closed \ and the developer required to resubTIitat such time as he is prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby deny the Preliminary Plat of Pond View Addition as submitted on December 26, 1976, by James Conroy. BE IT FURTHER RESOLVED by the City Council of the city of Andover to hereby refund to the Developer all remaining unused escrow deposits and fees. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby require the Developer to resubmit the Preliminary Plat at such time as all information and materials are available. MOTION seconded by Councilperson Jacobson and adopted by the City Council of the City of Andover at a Regular Council Meeting this 2nd day of January , 1980, with a roll call vote as follows: Aye: Councilpersons Lachinski, Orttel, Peach, Jacobson Mayor Windschitl Naye: None Absentl:. None CITY OF ANDOVER ., ) ~ tI.- ~.....~d y W,n chitl - Mayor r-" U U CITY OF ANDOVER COUNTY OF ANOKA ,,) STATE OF MINNESOTA NO. R3-80 MOTION by Councilperson Jacobson to acceptlthe following: A RESOLUTION APPROVING THE FINAL PLAT OF WOBEGON WOODS AND ACCEPTING THE STREETS THEREIN FOR MAINTENANCE PURPOSES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: '\ The Final Plat of Wobegon Woods, developed by Dean Lutterman, is hereby accepted I and approved. Receipt of $4,245.00 for park dedication fee in lieu of land; \__J and a favorable Title Opirrton is hereby acknowledged. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby accept the streets in said Plat for maintenances purposes. Receipt of maintenance security in the amount of $2,000.00 is hereby acknowledged. Seconded by Councilperson Peach . Adopted by the City Council of the City of Andover at a Regular Meeting this 15th day of January , 1980, with roll call vote as follows: \-) Aye: Naye: Present: CITY OF ANDOVER ~¿'Jl-.-a/ ry 1 schitl - Mayor ) Patricla K. ~.J U CITY OF ANDOVER / '\ COUNTY OF ANOKA "-../ STATE OF MINNESOTA NO. R4-80 ,,] MOTION BY Councilperson I <1rhinc:ki to adopt the following: A RESOLUTION APPROVING THE ~OAD LOCATION IN SECTION 13, TOWNSHIP 32, RANGE 24 AS PROPOSED BY CHRISTINE HAUP-TZOK CANFIELD THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The road location described as: The east 331 of the West Half of the West Half and the West 331 of the East Half of the West Half of the Northwest Quarter of the Southeast Quarter of Section 13, Township 32, Range 24; and That part of the West Half of the West Half and the East Half of the West Half of the Northwest Quarter of the Southeast Quarter of Section 13, Township 32, Range 24, that lies within the arc of a circle with a radius of 661, the vertex point of which is 720' South of the North line of said Northwest Quarter of Southeast Quarter as measured along the East line of said West Half of said West Half and along West line of said East Half of said West Half. ~ is hereby accepted for the construction of a street to City standards. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby acknowledge an exception to Ordinance No. 10, Section 9.03 as to length of cul de sac. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby acknowledge construction of the street to City standards in effect on June 1, 1979, the date of the application for approval made by Ms. Haluptzok Canfield, realizing the application has been in process with the Planning and Zoning Commission since that date. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby require construction of said road to be completed prior to June 15, 1980. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby acknowledge that approval of the road location does not constitute approval to subdivide the property which must be handled under separate Japplication. MOTION SECONDED by Councilperson Jacobson , and adopted by the City Council of the City of Andover at a Regular Meeting this 15th day of January , 1980, with roll call vote as follows: ~- ) Aye: Windschitl, Peach, Jacobson, Lachinski Naye:- None : Absen Orttel ; ! ~~ 'lI..d.d e y 1 n c it 1 - Mayor (~, ( , , I ) \.~J ...~/ / '\ ,-.-J i' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO.R5-80 MOTION BY Councilperson Lachinski to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE DELIVERY OF A 1980 DUMP TRUCK WITH PLOW, WING, AND SANDER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to advertisement for bids as required by law, bids were received, opened and tabulated on January 8, 1980, 2:00 P.M. (COT), for the delivery of a 1980 Dump Truck w/Wing, Plow and Sander, with results as follows: Bidder Base Bid w/Deisel w/Automatic Bloomquist Intl., Inc. $32,703.00 + $4,306.00 + $4,200~00 (gas) + $3,101.00 (deisel) Boyer Ford Trucks $30,123.07 + $7,185.98 + $2,757.28 (gas) + $2,606.09 (deisel) :~J The Mayor and Clerk are hereby authorized to enter into a contract with Bill Boyer Ford Trucks in the amount of $40,343.78 fora 1980 Model L-8000 w/210 hp deisel engine and automatic transmission. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby acknowledge that the low bidder, Bloomquist, International, Inc., could not guarantee delivery within the 180 days as specified. I BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby acknowledge an add-on for the 210 hp engine in the amount of $428.64, thereby making the engine identical to those on the fire vehicles. MOTION SECONDED by Councilperson Peach , and adopted by the City Council of the City of Andover at a Regular Meeting on the 15th day of January , 1980, with a roll call vote as follows: Aye: Lachinski, Jacobson, Windschitl, Peach Naye: None Absent:Orttel CITY OF ANDOVER , ~ ~U:Il-Þ;/ ,-.-/ ry Wln hltl - Mayor '- . (J u . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~J NO.R6-80 MOTION BY Councilperson Peach to approve the following: A RESOLUTION APPROVING A LOT SPLIT ON PLAT 65918, PARCEL 5400, FOR ARTHUR STENQUIST OF 4731 - 159TH AVENUE NORTHWEST. WHEREAS, pursuant to notice published thereof, the Andover Planning and Zoning Commission conducted a hearing on the request of Arthur Stenquist to subdivide Plat 65918, Parcel 5400 into three separate parcels under the provisions of Ordinance No. 40; and WHEREAS, after complete review the Andover Planning and Zoning Commission set forth a recommendation of denial to the City Council; and WHEREAS, the Planning and Zoning Commission cited as reasons for such recommendation as being l)it does not comply with the provisions of Ordinances 40, 40A, 40B and Ordinance 10C due to the fact that Mr.Stenquist is proposing one acre lots where the minimum should be 2.5, and he is proposing the creation of three lots where the ordinances only allow 2, and 2)allowing this can be detrimental to the health, safety and welfare of the community; and WHEREAS, the Andover City Council reviewed the request and the ''\ Planning & Zoning Commission recommendation on November 6, 1979; and ,~ WHEREAS, the property owner reported he could not create 2.5 acre lots due to location of structures; and WHEREAS, the City Council did acknowledge the property had street frontage on three sides; and WHEREAS, the City Council was of the opinion an assessment for street improvement in the amount of $20,000 could not be sustained if the property were unable to be subdivided into lots with frontage on the three streets; and WHEREAS, the City Attorney further noted some type of division could be allowed to uphold the assessment for bituminous streets; and WHEREAS, based on aerial surveys of the area, it appeared two lots of approximately 1.5 acres each could be created without destroying the structures located on the remaining homesteadproperty;and,¡ WHEREAS, Mr. Stenquist was instructed to have the property surveyed allowing the maximum frontage for each of the three parcels and return to the City Council with exact dimensions and area; and WHEREAS, such survey was made and presented to the City Council on January 15, 1980; and :) WHEREAS, such survey showed lots with 2891 frontage and containing 1.3 acres and the homestead parcel containing 3.88 acres and approximately 400' frontage; and (J U WHEREAS, the City Council was of the opinion that the northerly lots could contain 300 feet frontage without destroying the use of existing structures. \~) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the lot spiit request of Arthur Stenquist for three separate parcels of Plat 65918, Parcel 5400, with each containing a minimum of 300· street frontage pursuant to the attached Exhibits IIAII, IIBII, and IICII. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby make exception to the lot area as required by Ordinance 10C. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby make exception to the provisions of Ordinance No. 40B, noting three parcels,sitwdk;ot whiÏ.charel,Jess,than minimum size for platted lots, are being created. BE IT STLL FURTHER RESOLVED by the City Council of the City of Andover to hereby waive the park dedication fees, noting park fees were paid at the time of the original platting of the property in 1974. MOTION SECONDED by Councilperson Lachinski and adopted by the City Council of the City of Andover at a Regular Meeting on the 15th day of January , 1980, with a roll call vote as follows: Aye: Windschitl, Jacobson, Lachinski, Peach ~ , Naye: None '--) Absent: Orttel CITY OF ANDOVER ATTEST!:. /~ ~~ (ff. "L. ¿1R e y win ch,t - Mayor Patn c, a \ '- ) -1\---'----- (J U Ur.1.!1(19-C ~~ ~\) 160-62 :ì \f F. c. JACKSON \\' ~ LAND SURVEYOR t----A,yP 5~ q/ ~ ; / ":/17 0' REGIIõTERED UNDER LAWS OF ST"TE OF MINNESOT" ~ L.ICENSED BY ORDINANCE OF CITY OF NINNEAPOL.IB ·~Lrðvt ~ I 3616 EAST 5~TH STREET 55417 72 7 -3484 \1 ß>urbtpor'~ ~trtifitatt ~ ¡ ~ r-- .._,J 4 " CJ. 0 . -- \t) , ~ 'b I ~( '- ~ I .... ....' ~ 4 .i .\ l) ~ ~ I I '-.~ , ~ I I~ ! í I ~ ~ ~ ~ I' I . , IN ~ ..... ~I )l Þ- i- ~ 't- \t1-- I I () :s I'''' ! \J ¡~ I I ~ I I~ " I j ¡ .~ ,- '\ \--./ I ~~ I ¡ j ~ -- I: /S'1 Tk, Aye·:--J. "v~W -- _ I \1 i -- ~-- ~oC'.O ----;0....--- 7-1~,o ~ -J , --- JI_ ~ // -;(2.0' ./ L Se> 41k / ír: ~ ('>( ~ w, -/,-f:"'-:: ý'V, '/-1- ß.:, /~' ~.J2;, -'l- 21- - I HEREBY CERTIFY TH"T THE ABOVE IS,.. TRUE AND CORRECT PLAT OF A SURVEY Of" l ! . I i I Th~ S~uth 412.4 feet ~f ' ì \ I the w~3t 400.0 f~et ~f I the East 1132.0 feet ~f ¡ the Northwcst 1/4 of the í \ Southwest 1/4 of Secti~n 18. , -, i Township 32,Range 24.AnJka I Cthlnty. Minn~lõota ' I. , I ! Containing 3.78 Acres m~re or less , i including road. î I Dec. 1979 I \JRVEYED BY ME THIS 17th. I j D"Y OF ".D. j ) ¡ 18-32-24 i , J SIGNED 1 -Q---- ~ '1-: F. C, J ',.. . .¡ ì -,>] I , , "'..-- ,. . . ':. 0··7 ;~_~J ¡ - - .,,' -; ~ ;:;:J ! . , or' . ~.. , ..~ L_ -_ , .L-I"" (j U \.. '1 . i .. !. I_~ -,rt .. ló0-1J2 ~~ 0 \Ì ,1; F. C. JACr<SON . -}' IJ / -\V LAND SURVEYOR \9'\ ~ REGISTERED UNDER LAWS 0,.. ST....TE OF MINNESOTA LICENSED BY ORDIN....NCE OF CITY 0'1' ...INNE....POLJ. fc '1 Ie: /"::. t 17' 3616 EAST 55TH STREET )~417 727-)484 ~ Î~ - ------7 ~ ·;0......,..."11 --;¡r---- ß,urbepor',S <'!:£rtificatt 1-.£;¡ 5' / //;¡ C ( /Ý :%; - .- ''''; 1: ,) o ,y.r, 4 -", ,,".1-/ ¡ \ ~ ~ --'-~-=~-:::-:--:-:--='~~--=="---- , 1 \ r--f' "?i ,'ì\ ~ i.' ì~ p;¡fqWq ¡- (J ¡--r7 / r s7-r-e~1 ~~' ~,', " ; " \J ~" , V) -- .....:..--::-=---------------3 ð?J. c,7------'-..-----h--=---r:::-~----41 Z.þ' --~-~ V .' . I, ¡~' . ~ ' i ~ t ',,," , ,\'\. ~ f ~ I ; ;\ ~ j i r-, l-) . ¡ '.. \. " I \J h~ ! ~ ) '\. ' .~ . .. ! ' I '" ~ , !~ ?¡ ! ~\ ()i ~ i~ (,JI <) I \: , (', ':';1 f'! " '''' ! \,) . ., I,....~ . ¢ , '\ I ¡ ".J i . I 'J ,;: ; ~ " ~ , , I } i ~ I I~ I : , , ' ! I Ii ¡j; . I -i.'''-ó _- ___nn_ ______ 3 J C-'.C-7ÎZ:~w_'::"'- ¡ ,oO nn n -+ ~ n -::J; .. , \1 I HEREBY CERTIFY THAT THE ABOVE IS A TRUE AND CORRECT PLAT OF A SURYf:Y OF Tne N~rt~ 300.0 fe~t of the S~ut~ 712.0 f~cl of the We~t 200.0 feet of the E~~t 932.0 feet of the N:>rthwe!5t 1/4 ",f the Sout~\o,'t'ilt 1/4 of Section 18, T~~n~hip 321~3~ge 24.A~~~A County.Mir.ncs~t&. C~ntai~ing 1.38 Acres rn~re ar les~. /- '\ 17th. Dec. 1979 'JRYEYED BY ME THIS DAY OF___A.D,_ "-...../ 18-32-24 SIGNE F. 3600 ",' .' ~... . :jl~ / -- --- .---- :' )' ,U' 150-62A ,. '--- A.l 000 .'\) ~I F. c. JACKS[J~ ,. ¡' I (\.1)/ LAND SURVEYOR ~ £. ¡..rr /un:- (' r ,1- L-v. ~ - -.S; w. //..,. "\.. t-, REGISTERED UNDER LAWS 01" STATE Of' MINNESOTA N Sc ;; / e: /'1:; ¡;, 0' LICl:NSED BY ORDINANCE OF CITY 01" MINNEAPOLIS - ~ .;; ;: /t:> 11 3616 EAST 55TH STREET 55417 727 -3484 ~' <-.----7'...__ fi,urbepor's ~ertifitate K s:::-..,.... Q¡j "'\ -~- -- Joa.c' -=1':--- +IZ. 4-' ~- i ': Ì' Ii ~¡ ...,' i' ¡ ~. ~ ¡ ~ I ' I ~ '~ ~ r "'\ ~ \_ <; " -0;:) h\ ~ . <;) \ "\. ~ ii ~ ~ ',,- ~ \\\ ~ '\\: N ~ \\1 ~ ~ '\. ~ I.'l... - ) Q " ~ \~ " \ ~ '1'/ t ~.~:: J " - ~, . I -+/2.. -1-' t\ ..- -- .3V"Oc -~_._~----_:.>, =...-----~ - I.,.J a ¿A ? Pël W g recf- I HEREBY CERTIFY THAT THE ABOVE IS A TRUE AND CORRECT PLAT Of" A SURVEY Of" Toe N~rth 300.0 feet of the Soutn 712.4 f~et of th~ West 200.0 f~et of the Ea9t 1132.0 f~et of the N'Jrtrnoleøt 1/4 :>f the South~est 1/4 of Section 18. Tovo5hip 32.Ranee 24.Anoka Co:mty. Mione !lot a. Containing 1.38 Acres more or less. \, 17th Dec. 1979 SURVEYED BY ME THIS . DAY Of" A.D. 18-32-24 SIGNE F, No. -' ~-,..-: ': '. ","' ". . ... ~ ir. .... ,.-:. _; -'I: ~ ..: '^ ~ ....:..'....- ...:,,~~"', .~:L...~.. '.' .::::~~~_,;.~'.:... .i¡. r~~' (J CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA , NO. R7-80 0 MOTION BY Councilperson Jacobson to adopt the following: A RESOLUTION REQUESTING IMMEDIATE ACTION BY ANOKA COUNTY AND THE MINNESOTA POLLUTION CONTROL AGENCY FOR THE RETRIEVAL OF HAZARDOUS WASTES CONTAINED IN A PIT LOCATED ON THE LANDFILL PROPERTY IN THE CITY OF ANDOVER THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The Minnesota Pollution Control Agency and Anoka County are hereby requested to remove all hazardous wastes contained in the "hazardo~s waste pit" at the Waste Disposal Engineering landfill site located in the City of Andover, with such removal to be completed prior to the termination of the landfill operation. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby request the County Commissioners of the County of Anoka to consider the increasing of the security bond posted by Waste Disposal Engineering and covering the landfill site to an adequate amount to insure that there is a proper and complete termination of the site at the appropriate time. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover "j to hereby request the County Commissioners of the County of Anoka to consider the requirement of the owners of the landfill site to post sufficient security for any future environmental problems created as a result of the landfill operation. Motion seconded by Councilperson Orttel and approved by the City Council at a Special Meeting this 29th day of January . 1980, with roll call vote as follows: Aye: Windschitl, Orttel, Peach, Lachinski, Jacobson Naye: None Absent: None CITY OF ANDOVER ATTEST: ~ )J.... ,¿¡pi er. y ln 1 - Mayor "---..----- " , '--.) (J u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \~ NO. R 8-80 MOTION BY Councilman 'Drtte-l to adopt the following: A RESOLUTION ACCEPTING PETIT~ON AND DECLARING ADEQUACY OF SAME FOR THE IMPROVEMENT OF BITUMINOUS STREETS AND SANITARY SEWER FOR ALL OF CHAPMAN'S FIRST, SECOND, THIRD, FOURTH, FIFTH AND SIXTH ADDITIONS AND THOSE STREETS AND PROPERTIES IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 32, RANGE 24, AND THE NORTHERLY 192 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 32, RANGE 24 WHEREAS, a petition has been received from residents owning property in excess of 35% of the property ëiniChapman's 1st, 2nd, 3rd, 4th, 5th and 6th Additions and those streets and properties in the Northwest ~ of the Southeast ~ and the Northerly 192 feet of the Southwest ~ of the Southeast ~ of Section 32, Township 32, Range 24, requesting the improvement of bituminous streets with curbing and sanitary sewer; and WHEREAS, said petitions have been verified and declared adequate as containing the signatures of at least 35% of the affected property owners who are requesting the improvements~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the ç~ty of Andover to hereby declare adequate the petition dated January 10, 1979 and 0 containing 43 signatures of which 30 are requesting the improvement of bituminous streets and sanitary sewer for properties abutting those streets in Chapmans 1st, 2nd, 3rd, 4th, 5th, and 6th Additions and streets in the Northwest ~ of the Southeast ~ and the Northerly 192 Feet of the Southwest ~ of the Southeast ~ of Section 32, Township 32, Range 24. MOTION SECONDED BY Councilperson Jacobson and adopted by the City Council of the City of Andover at a Regular Meeting this 5th day of February , 1980, with roll call vote as follows: Aye: Windschitl, Jacobson, Peach, Orttel Naye: None Absent: Lachinski CITY OF ANDOVER ATTEST :--- ~~ .,- ~:1'/ e y Wln chitr - Mayor / 'ì 'J C=) CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA '\ NO. R9-80 \~ MOTION BY Councilperson Jacobson to adopt the following: A RESOLUTION ACCEPTING FOR MAINTENANCE PURPOSES 157th LANE IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 32, RANGE 24. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: 157th Lane in the Southwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, is hereby accepted. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby declare such acceptance to be contingent upon the developer, GM Investment, posting maintenance security in the amount of $1,000.00. MOTION SECONDED by Councilperson Peach , and approved by the City Council of the City of Andover at a Regular Meeting this 5th day of February , 1980, with roll call vote as follows: / '\ \.J Aye: Peach, Orttel, Windschitl, Jacobson Naye: None Absent: Lachinski CITY OF ANDOVER ~m · d-."./.,.q e y W, sc ,t1 - Mayor I \ ,--, ,) ¡ "--) \.J CITY OF ANDOVER COUNTY OF ANOKA ([, ) STATE OF MINNESOTA NO. R 10 ~. - '. MOTION BY Councilperson Peach to adopt the following: A RESOLUTION ACCEPTING PARKLAND AS DESCRIBED FROM THE COUNTY OF ANOKA. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Acceptance by the City of Andover for park purposes is hereby acknowledged of the following described properties: That part of the Northwest Quarter of Section 24, Township 32, Range 24, described as follows: beginning at the Northwest corner of sd Northwest Quarter; thence South along the West line a distance of 1,089 feet; thence East parallel with the North line a distance of 264 feet~to the actual point of beginning; thence East parallel with the North line a distance of 202 feet; thence North parallel with the West line a distance of 462.75 feet; thence West parallel along with the North line a distance of 202 feet; thence south paralleliwith the West line to point of beginning. and , (J That part of the Northeast Quarter of the Northeast Quarter of Section 23, '... Township 32, Range 24, in Anoka County, Minnesota described as follows: Commencing at the Northeast corner of sd Northeast Quarter of Northeast Quarter; thence West (assumed bearing) on the North line of sd Northeast Quarter of Northeast Quarter , a distance of 570 feet; thence South 1039155" East on a line parallel with the East line of sd Northeast Quarter of Northeast Quarter a distance of 360.70 feet to the center line of County State Aid HijhWa~ No. 18, as the same is now laid out and travelled; thence South 57012' 4" est on sd center line a distance of 267.60-t-feet to the point of beginning of land to be described; thence continue South 57012134" West on sd centerline a distance of 75.90 feet; thence North 34047126" West a distance of 134.72 feet; thence North 23058156" West a distance of 171.18 feet; thence North 22044133" East a distance of 44.23 feet; thence North a distance of 172.74 feet to a point which is 66 feet South of the North line of sd Northeast Quarter of Northeast Quarter as measured at right angles thereto; thence East at right angles and parallel with sd-;North line a distance of 20 feet; thence South at right angles a distance of 153.80 feet; thence South 63048'58" East a distance of 74.61 feet; thence South 22047138" East a distance of 274.15 feet to the point of beginning of land to be described: subject to road easement over the Southeasterly 50 feet as measured at right angles to the centerline of sd County State Aid Highway No. 18, including an easement for road purposes 20 feet in width, the centerline of which is described as follows: Beginning at a point on the North line of sd Northeast Quarter of Northeast Quarter, sd point being a distance of 967.64 feet West of the Northeast cor. thereof; thence South at right angles to sd North line a distance of 66 feet and there~tetminating. , / . ' \:....,; MOTÍON SECONDED by Councilpe;son Orttel and adopted by the Andover City Council at a Regular Meeting this 5th day of February , 1980, with roll call vote as follows: Aye: Peach, Jacobson, Orttel, Windschitl Naye: None ~ Absent: Lachinski CITY OF ANDOVER ...-- -- ATTEST: n~· Q...DTI' ) ! /__ ~~L Y W, sc itl - Mayor \ '- ~. 'Patricia K. Lind9uis~~ (JY \ .- . . I . .. . . . . . --"'-~'. ,,' '..... ,~ .;¡ ú:' ,,~ 1- " . " - , ' ' " . ._. ~,<. ~-"" 1,' ,:._ ..',. '.' 4..,.. J~_' -- V _. _.' ... '_... _.. . . _. _._ ~.~'.' ~ _ " ." ,~(~f.jJD@~;iíj"~3/~ml@;~:1+< ;ïfJdj~i~jj;¡;;¡;j¡J.~i~£~~-1,~,f0œ3;~i;ô';i1-~:_,:. " .<¥ ....,...~ ~_~' "".-.,...-..-...,.........., ....M~-""'.___...-..._ .". i}is;;rffJ,'iJJ!.?rfø{¡lÎjj!f!.ijpff;__(ff?JJ,{;tì:.ï1!Ji.b-ftJh.ð.:' 'C', ' , " _ ' .... _ ,,:-' .' "'"':''''''' ",,' ,',:i" "', ,'-":,~" ,....-' ,,~., '-'.. -- . ,':"¿-,..."", ,'," " ..'" ' ~' 'æ " , ',.--'''"' , " " ",.;, """ "" ".;,,~ ",.',,,,~,,~,,,,..' ': ',"'" . ~..., ~. ..-~ ~ "" . ,"- '. ,',' , ..-'" -, ' -' '. ' , " ~'1" . - - '~;;;i;'j,: ' . ,-, ~ " ··A - .;' /./--' .*'~~ .'. £:: ~ ~ ~ '1/.~:::t~ . ~...... .' "':, ;~~ ((,Úf't%:¡"(~~ec.~."~'?"~~"" ..' j,) ......... ~ ;. .' . .' '. . ,/4~,¿;~~ffiJ.Jlfu-;:¡:1:;4¡.. , " ¡ dAa.(.{>;-rYI "';. ~þ/.4(1:.~d î· . . '. ..... . .. ,~- .' ..'-: -~ . ··;~fl·'¿''''~'' ...--¿: ~ ~-2:'!"".... ., - ,J_",:-'~ ..~;+' _ - _-.::.-. "... _ _-,-~:':--~.-,....,:",,-.';"""'':~~'''._:::'_.'';:'___'4.......---. --:.r..._......_~.»:-....._~. C_-! . ¡Z .. _ 0 ' ~ -'--:-:'.__~:",____,__,_' _ '''',_' ';-' ...."-' -_ ('~;-Ei"'t~;l1;'e'¥""~i¡:' .. .. ~ '~.""'"'_'"" c~ ....... . ~..., ., .,/ _. .'¡: .,_~_. -. '"'I.... _ ..-.., _ .. - :.' . , , , , , :¿"o';')::':I' ...', -,_ ' !.J"Ij" ';~"" ". - '....'5.1Jl '~/.;, ,'" "iJ1f J' Q';' J ¡) '" " ~, ': ,": ~'è--::::l~,,:~,: !~ _ -,:.>:::-:-::: ::,:::-...:,:,,:, :: :~-:.. ~.:.. ~ -.:::: '-..::::...----:- ~.-':, - -::---=-+.. ''':':";~ ..:._: -:...- > .... , ~ '~":.-:-:;---- - .- -'" ~ ~, ......--~ ...--- "-- " : ~ ~.. , ' "~~'.~~·A . ..:.~ :~_ill ~~~' --.....-...-~. ' , » , "--...:.~,--~ c.- .', - '-' ,'., I ""1- v "~ .. c, - -- .' . ' '. ,.. . .... .-.'. .~. . -".... -.. ." .", ." ~..- - .. .. ~... '.. .." . , .~..t~ . : ......., ." .....-,. ~",.. - ".,.,,"., ,.' ." -', .'; .' ~ \ J . 1-..--- - ",.,." "..";', ,':--",:;.' ' .'", '"" ~ '.,'.".'.- CI.lm Dead ." -'. . ,., . .... . . waL.............,........ .ttI......,....,. ,.~27 ~d~ldu.1 to Indlvldu.1. ::.~. , : .' ~ <,' . '_ ~ fotm No. 27.:" ~Inn~.ota Unlfor:n ConveyancIng Blanks (1931). " .' ,1,::'. .,. '.' ' .' . . ". 248938 ~ ' .;' . " . : ., . . " - ~ " ' , ' ' ~ . " .. . '. ' .J ,l!tbt5 3Jnbenture, Mcuk thi~,....._.......1.5.,~h.._.._.,.__....,....~cùty o!_....._.....,..}),ijUL........_.........,. 19_.º~.. . between .__.:-.Gox,~n...J.....!lQr.de,erL.an.d,....Ra~~~rL.R......N,Q~~:e,en"....hu.s,ba':l,d....and..,:wifß...~:_ ': '::, " ", j/; ì~tf~·,. .. .:<" . -i" ;" :i;} :, ',. :3.~:··· '. . c/~.,~:~:', . . of the County 0; , . ,', ' Af)Oka_~:_.:.:.;.;_.._.._.:.,...~_._a7UÌ 'Slatt, ol...:....~_._~...J1inn.ª.s,Q,þL::...;·...:....~· '. ~'::'~~: .' i ,'.,., C t f An lea .' ---.' part. ,8.5--'>f the first' pare, a7UÌ;:::.::_.:...,.E_l!:~_.y_.g_.._._....<?,......._,.__'__...._..._~..._---.:___,:_~.._~~~._: _' '.' ,,' ,i.~' ' .' . _ <.. . -'. _, .,~.". f'- '. -.. ", - '. '. ..:. . - ". ~.:- .". - '.. _ :~ -- -.~~.- ~..-.-:-- ..... : ...._......._._..._..._. ....._..__._..______.._._.._..__._.._~._.___.__..__...._.__....._ ....._ _..____ ____...__.___________.._...__h_-. . ..~ . of tlu Cou,nty of.__m__Anoka._.~....:~........,.,_-_---CLnd State ol_·.·_l1tnn.e,s,o_t,a~_.__..._.............._...,._,~, ' ' .. parLy......_.....of the seiond part,' . . , " , .', ' .',' . .~ - - . : . - ........ ¡ ~ítnt5s'etfJ, That t~ said par4.e.s._....~.ol the r:rst part, in ('s:ùkr~r 0/ t1l.e ~u~' óf' .....,One-...Do-llår..-,an~L-Q.t.Þ.ª;p VJ~J.._1.!-ª bl.~_~Pn..1;L+-~t~};-ª_!.ons ~._~. 1. 00 .~_ DOLLARS,' tn.........theIIL ,- --.-in ha7UÌ paid by the said partJ--Of the second part, the recÛpt whereof ú hereby acknowled~ed, do__....._...hereby Grant, Bar!!ain, QuitclaÏ7n,aniL Convey unfJo tlu:. said part.Y___ of the seco7UÌ part, ..~it.s..__..heirs aniL assi1!n8, Forever, all the tract_or pared_of land Zyin~ ~ a7UÌ b--..ln¡! in the County of.__Aa.o.ka,_....._..~_:.m...._...__..__a7UÌ State of Minnesota, described as folZoW8, ~~~t part of the Northwe~t one~quarter (NWt) of Secti~n tw~ntY~four--¡ (24) Township thirty-two (32) Range twenty-four (24), described as follows: be~inning at the Northwest corner of said Northwest one- quarter (NWt)t thence South along the West line a distance of 1,089 feet; thence ~st parallel with ~he North line a distance of 26~ feet to the actual point of beginning; thence East parallel with the North _ line a distance of 202 feet; thence North parallel with the West line \ a distance of 462.75 feet; ~hence West parallel along with the North '...J Cine a distance of' 202 feetl" thence south parallel with the west :;ne I to point of beginning. ' The above deed is limited for Park purposes, or can be exchanged for another tract of land when agreed to by both parties. .- '''\ \!o ~abt anb to ~o1b tfJt ß,amt, To~ethðr with all the hereditallu~nf,s and appurtenances there- unto beZon~in~ or in anywise appertaini.n~, to the said parL.y,---Of the second part,..._its.._.._....heirs a7UÌ assigns, Foreva. . ~n ~tstimonp tBberrof, The said pare)·e S......of the first part lLa~f!hereunto set..__~h~.~_._ ha7UÌ_}lLtlu day and year first above written. ' ¡n Pre",,,,, 0: .' -:!:±~'-df1.¡+-------- '\ .£ZLP;_~_____ ~..-.~->.-'R]J.v.ul!..u,..J~------ \. .-J Q ~ ---.-.-..-.......-.--..,--..-"...--.-..-.-..'-...--..-.- ð~:6~i-Æ-)1~------ .--'------.-------------------- ßtate of ;fJ[ínnesota, 1 (B8. ' Cou~ty 0/___...__._. .A..o.Ql<: ª....___.... ,....._......____._ J .- On thÏ8...__,...._.._... .l5,th.._....___.._......... ..day of.._.._..__.._..J..~D~..____.._...._...,....._..___., 19.J23._, before me, a.., _.._.go.;a~-Y. J~~:lÜ,~ ÇL....ë.. ....'....(i....Rä'Jë·ë---... R'···..N~tg~~ ~nd ~~ ;b~n~ou:~7i P~if~~lly appeared ......____....Q .d., ß.._J, .._, N....r,d,e..., J1...ao.. ........ ,.... ..,..)1. . ._,~..._.....,_.......____.,_..........,.. ..--...-...... ...-.....-....-... .-, ....--....---..-- ____._~_ _.._________~ __ ______..___.___....._ ..._______ __.______. o. .__________ ________________ __ __. ______.._____ .________ _..____________...______.__. --....---......--... .--. ------ to me known to be the person,S..________ described in, and who executed the fore~oint in3trument, ..,........_, ,_.. ____.. _.._.._...... ...__......____.__......_... . ,.. ....'_.. __.._.._... and acknowledd ed that.......t_...htL~L...._.execu ted \ ~~. . " ~ the .same a8 _..,.~:,)~hetr:.-..-... _.__...free ad and. deed.'__...........:m._..._n...._..h.___.~____._~.___::_. ,'-:,'.">(>~' ' ,~Not.-), , ,;;<__..::~.\~;:~. ..,..., '~,:<'.' ~ --f~ -?7. /, ",' '.. .. .' '.' ..._._....h....(ø....._k:.~...._L~g;ø~..... "'_"_h''''''''_'_ .-- ~/. ~< :,:;";, :. /,'...':, ,.. ¡(q 12 ' -- -, " " . ·0[3 ~ 't . '<, ~ ,,~', , <~'" ' " ~ ': .votary Publ¡.c............lí.P"Þ¡)L'4.. ';'.1: ACounty, Mmn. .- . ' ,~' ~ ,', p iy C Q/ic' IVn ~ :'. .' '. .'., ¡ . ",' ! ,..:.... , Of>.. ..I'~ l..,?!)¡ 1/ . ~.. ",.. I . . . , _ ", "#{ . "'0' . 4 ,~' ~ .,.. ", ,., ..., _", - . ' .. s~ f11i~~,~,¡ V . .:.'._ '.' ~ " . 4'. ".".J,".. My connniSSlon cxplre8 ..._............:;:Jt..;.:'n~'r'"C:¡...., ...,~ 1[){..~_.. ," ..,1 '. ~,. ..~ ",. -. . . ~ ,.6 c. #, fl " . ^ '. _ " , . .-' .-, .;....,., . . l!)r.~J(Þ/r <'17'" ~ ..... .... _.".,..,":~":":~:..' .~'.. :......- """\':S eS·I. .' .. -I :-,¡"_' N~& Thet::.nk lIoe-.J JJ1!U'~ "s.c. Note" uo toc u..c ,....llC~lJ thQ hutruuu.nt" eJ:Kutf'd by an attorueTlo (act. ._.._._~.... ~" ~' .'\'~.' r"\ '1 1 r;("t) ." '- ~ ~ {tÞ f' . _. 7 .., '., ~ ,. 0 CITY OF ANDOVER (~ COUNTY OF ANOKA STATE OF MINNESOTA ~ NO. R 11-80 MOTION BY Councilperson Orttel to adopt the following: A RESOLUTION ASKING THE METROPOLITAN WASTE CONTROL COMMISSION TO ADOPT ALTERNATIVE NO. 31 FOR THE CONSTRUCTION OF THE C.A.B. INTERCEPTOR. WHEREAS, the Metropolitan Waste Control Commission has ordered the development of a waste water management plan to best serve those communities within the Northwest Study Area; and WHEREAS, in response to the above directive by Metropolitan Waste Control Commission, several consultants have submitted a total of 49 individual alternatives, of which have been narrowed down to 6 for further review; and WHEREAS, the City of Andover did, on October 4th, 1979, reaffirm their desire to see the construction of the C.A.B. Interceptor, citing 3 possible alternatives; and WHEREAS, further review and discussion with Metropolitan Waste Control Commission and neighboring communities have shown Alternate No. 31, calling for the phasing out of the Anoka Treatment Facility and construction of the C.A.B. Interceptor, provides the most satisfactory system for all; and ~ WHEREAS, the City of Andover realizes the need by all communities for a waste water treatment plan to assure future service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby urge Metropolitan Waste Control Commission to adopt Alternate No. 31 for the construction of the C.A.B. Interceptor. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby urge Metropolitan Waste Control Commission to proceed as quickly as possible with the implementation of this Alternate. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby transmit copies of this resolution to the affected communities in the Northwest Study Area. MOTION SECONDED by Councilperson Peach and adopted by the City Council of the City of Andover at a Regular Meeting this 5th day of February , 1980, with roll call vote as follows: Aye: Peach, Orttel, Windschitl, Jacobson Naye: None Absent: Lachinski CITY OF ANDOVER ) ~~'£~~ ~ J ry ndschitl - Mayor 0 eItv OF ANDOVER 0 COUNTY OF ANOKA STATE OF MINNESOTA \ NO. R12-80 \-.-J MOTION BY Councilperson Orttel to adopt the following: A RESOLUTION CALLING FOR REVISED PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF BITUMINOUS STREETS IN THE SOUTHWEST QUARTER AND THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 32, RANGE 24, AND THE ALLADIN ACRES AREA IN SECTION 18, TOWNSHIP 32, RANGE 24. WHEREAS, bids for the improvement of bituminous streets in the Section 17 and Section 18 areas cited in this resolution title were received by the City Council on August 28th, 1979; and WHEREAS, tabulations to determine assessment costs proved to be considerably higher than those presented at the public hearings; and WHEREAS, as a result of the increased costs all bids were rejected with a directive for rebidding the improvment set for after January 1,1980; and WHEREAS, the City Council was of the opinion the costs could be reduced if the standards for street construction were revised; and WHEREAS, the City Engineer was directed on January 22nd, 1980 to prepare new feasibility reports using revised standards for streets in existing ,-,J developments; and WHEREAS, the City Engineer did present several alternative street sections to the City Council on Bebruary 5th, 1980; and WHEREAS, the City Council reviewed such alternates and adopted a revised standard for the affected area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby direct the City Engineer to revise the Final Plans and Specifications using the newly adopted standards for the construction of bituminous streets in the Southwest Quarter and the South half of the Northwest Quarter of Section 17, Township 32, Range 24 and the Alladin Acres Area in Section 18, Township 32, Range 24. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids to be opened on the 14th day of March, 1980, at 2:00 P.M.(CST), Andover City Hall. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby require a statement in the advertisement for bids to the effect that the Contract will not be awarded until the City receives funding (up to eo days). MOTION SECONDED by Councilperson Peach and adopted by the City Council eJ this 5th day of February , 1980, with roll call vote as follows: Aye: Peach, Orttel, Jacobson, Windschitl Naye: None Absent: Lachinski ATTEST: ~ w,~ Patr1cla K. Llndqulst - Clty Clerk ry ~sChlt - ayor 0 l) CITY OF ANDOVER COUNTY OF ANOKA "- STATE OF MINNESOTA '>-J NO.R13-80 MOTION BY Councilperson Orttel to adopt the following: A RESOLUTION REQUESTING EQUAL ENFORCEMENT OF HAZARDOUS WASTE STANDARDS TO ALL KNOWN VIOLATORS,BY THE MINNESOTA POLLUTION CONTROL AGENCY THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The Minnesota Pollution Control Agency is hereby requested to enforce equally to all violators, State regulations set out for the control of hazardous wastes. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby acknowledge the possible existence of hazardous wastes at the following locations within the City of Andover: 1. Plat 65915, Parcel 7810 and Parcel 7820 Owner - Patricia A. Torbenson 2. Plat 65933, Parcel 5300 ,~ Owner - Cyril Link (Pumpkin City Investments) 3. Plat 65934, Parcel 6600 Owner - A. McCall 4. Còt'3, Block 1, Watts Garden Acres (Section 34) Owner - Charles Mistelske (Commercial Auto Parts) MOTION SECONDED by Councilperson Peach and adopted by the City Council of the City of Andover at a Regular Meeting this 11th day of February, 1980, with roll call vote as follows: Aye: Lachinski, Orttel, Jacobson, Peach, Windschitl Naye: None Absent: None CITY OF ANDOVER ATTEST: ~t.t '4..#11 ry W' dschitl - Mayor '> , ''''-.......' "\ \-J () u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ''j NO. R13B-80 \J MOTION BY Jacobson to adopt the following~ A RESOLUTION DIRECTING TOLTZ, KING, DUVALL, ANDERSON & ASSOCIATES TO REVISE THE FEASIBILITY REPORT PRESENTED ON DECEMBER 19, 19l9; AND ORDERING A PUBLIC HEARING FOR THE IMPROVEMENT OF BITUMINOUS STREETS FOR 133RD AVENUE, 134TH AVENUE, 135TH AVENUE, GLADIOLA STREET AND EIDELWEISS STREET IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 32, RANGE 24. WHEREAS, pursuant to resolution adopted by the City Council on the 20th day of November, 1979, a report has been prepared by Toltz, King, Duvall, Anderson & Associates for the improvement of bituminous streets for 133rd Ave., 134th Ave., 135th Ave., Gladiola Street and Eidelweiss Street in the East Half of the Southwest Quarter of Section 33; and WHEREAS, such report was received by the City Council on the 19th day of December, 1979; and WHEREAS, street standards have been revised calling for a narrower street width and the elimination of concrete curb and gutter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby direct the City Engineer to prepare a revised feasibility report using newly adopted standards for such improvement. ::J BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby order a public hearing for the improvement of bituminous streets for 133rd Avenue, 134th Avenue, 135th Avenue, Gladiola Street and Eidelweiss Street in the East Half of the Southwest Quarter of Section 33, Township 32, Range 24, for Thursday, March 20th, 1980, 7:30 P.M. (COT) at the Andover City Hall. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to give mailed notice to all affected property owners puoþosed to be assessed under Minnesota Statutes, Chapter 429, for the above referenced improvement. MOTION SECONDED by Councilperson Lachinski , and adopted by the City Council at a Regular Meeting this 19th day of Februasry , 1980, with roll call vote as follows: Aye: Peach, Lachinski, Jacobson, Windschitl Naye: None Present: Orttel (affected by proposed improvement) CITY OF ANDOVER ATTEST-:--~-~_ i ~~ ·o~.L4d ,') ~ y Wln sc it - Mayor , ... ~ -------~ () CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA \_j NO. R14-80 MOTION by Councilperson Lachinski to adopt the following: -- A RESOLUTION ACCEPTING AGREEMENT AND DIRECTING MAYOR AND CLERK TO EXECUTE SAME FOR THE USE AND STRUCTURE OF PROPERTY TO BE REZONED LIMITED BUSINESS IN SECTION 17, TOWNSHIP 32, RANGE 24. WHEREAS, Baker & Sons have suggested an agreement to restrict the use and structure on the property known as Plat 65717, Parcel 450; and WHEREAS, such restriction is to constitute a part of their request to rezone said property; and WHEREAS, the City Attorney has advised such agreements can be a part of a rezoning request. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the Agreement as drafted by the City Attorney and presented by Baker & Sons as part of their rezoning request for Plat 65917, Parcel 450. \ BE IT FURTHER RESOLVED by the City Council of the City of L ) Andover to hereby direct the Mayor and Clerk to execute said Agreement. MOTION seconded by Councilperson Orttel . Adopted by the City Council of the City of Andover at a Regular Meeting this 19th day of February , with roll call vote as follows: Aye: Naye: Absent: CITY OF ANDOVER ~ · 1/~.1aI y w, sc itl - Mayor ~ ~-~ - ~J U CITY OF ANDOVER COUNTY OF ANOKA , \ STATE OF MINNESOTA ~~ NO. R15-80 MOTION BY Councilperson Lachinski to adopt the following: A RESOLUTION APPROVING THE REZONING REQUEST OF BAKER & SONS TO REZONE FROM R-1 TO LIMITED BUSINESS THE PROPERTY DESCRIBED AS: PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 32, RANGE 24, COMMENCING AT A POINT IN THE CENTER OF THE ROAD 59 RODS SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 27, THENCE WESTERLY 10 RODS, THENCE SOUTHERLY 10 RODS, THENCE EASTERLY 10 THE CENTER OF SAID ROAD, THENCE NORTHERLY 10 RODS TO THE POINT OF BEGINNING. WHEREAS, Baker & Sons did convert a residential structure into a real eastate office in an R-1 zoned area; and WHEREAS, Baker & Sons were informed by the City Clerk that such real estate office use was permitted in a residential area; and WHEREAS, Ordinance No.8 does allow one to use their residence as a real estate office; and WHEREAS, Ordinance No. 8 does require residential use to be the primary use of the structure; and ~) WHEREAS, sometime later the City was made aware that the real estate office was the primary use of the structure; and WHEREAS, Baker & Sons were advised to seek a Special Use Permit if they wished to continue in this manner;and: WHEREAS, it was the opinion of the City Council that such use could not be granted under the criteria of Special Use Permits; and WHEREAS, Baker & Sons were then advised to apply for a rezoning of the property to Limited Business; and WHEREAS, such application was made to the Planning and Zoning Commission; and WHEREAS, t~è~Planning and Zoning Commission did conduct a public hearing on the proposed rezoning; and WHEREAS, after such hearing and review the Commission moved to recommedd approval of the rezoning request, citing as reasons for such recommendation as being 1) contingent to an agreement between the City and Owner restricting the use of the property, 2) a public hearing was held and there was no opposition, 3) the use of the land is comparable to the surrounding area, 4) it is not detrimental to the health, safety, and welfare of the City of Andover, 5) a variance be granted because the square footage of the property does not meet the requirements for Limited Business; and ~ ~ / , WHEREAS, such motion by the Planning and Zoning Commission met with , a tie-vote and comes to the City Council as a defeated motion; and WHEREAS, the City Council is in agreement with the reasons stated in the Planning and Zoning Commission motion; and ," -...., r ... ( , ~-) u , \ \-.-/ WHEREAS, the City Council believes there to be other requirements of City Ordinance limiting the use and size of structures in such area; and WHEREAS, the City Council further acknowledges the size of the existing structure to be inadequate for residential purposes; and WHEREAS, a building permit for a larger structure could not be issued on such parcel of land; and WHEREAS, Baker & Son have executed an Agreement of Use with the City of Andover to limit such use of the property to a Real Estate Office to be conducted in the existing structure only. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the rezoning request of Baker & Son to rezone from Residential-1 to Limited Business the property described as: Part of the Northeast Quarter of the Northeast Quarter of Section 17, Township 32, Range 24, commencing at a point in the centerline of the road 59 rods south of the Northeast corner of said Section 17, Township 32, Range 24; thence Westerly 10 rods; thence Southerly 10 rods; thence Easterly to the center of said road; thence Northerly 10 rods to the point of beginning. \ BE IT FURTHER RESOLVED by the City Council of the City of Andover I ) to hereby acknowledge an exception to the front setback of the existing structure pursuant to Ordinance No.8, Section 6.02. MOTION seconded by Councilperson ) Peach , and adopted by the Andover City Council at a Regular Meeting on the 19th day of February , 1980, with roll call vote as follows: Aye: Naye: Absent: CITY OF ANDOVER ATTEST: ------.. ~~ t-MI er Win chitl - Mayor ~....--- -+--------- ~'- ) J. -.../ " ,. - ~- \ V AGREEMENT OF PROPERTY OWNERS TO ZONING CHANGE WHEREAS, the parties hereto, William J. Baker, Sr. and William J. Baker, Jr. , hereinafter referred to as parties of the first paLt, are the purchasers of certain property legally described as follows: That part of the Northeast Quarter of the Northeast Quarter of Section 17, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point in the center of the roadway (Round Lake Boulevard) 59 rods south of the Northeast corner of said Section 17, thence Westerly 10 rods, thence South 10 rods, thence East 10 rods to the center of said roadway, thence North 10 rods to the point I Q of commencement; cud WHEREAS, the par£ies hereto have requested the rezoning of said property to a limited LusÜ1'ess purpose classification; and WHEREAS, the parties hereto have indicated their ~esire to the City of Andover to only use said property as a real estate office and for no other purposes allowed under ~he limited business classification of the Andover City zoning Ordinance. NOW THEREFORE, it is agreed as follows: l. That the aforedescribed property shall be rezoned by the City of Andover to limited business classification. /"\ 2. That in consideration of such zoning, the parties '--~ hereto agree that the existing structure located upon said property at the date of this agreement shall be used only , ... "-./ as a real estate office. 3. That there ,shall be no expansion of the present structure nor new construction upon said property without the , written approval of the City of Andover. 4. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. .;. " ~ ... C) 5. That in the eV0nt the parties of the first part, their heirs, successors or assi~r) violate any of the terms or the conditions set out hereunder, Lle limited business classification of zoning sha¡l automatically revert back to the old zoning classification immediately preceding the change hereunder. 6. If parties of the first part desire to use said property for the other purposes set out in a limited business classification or request a change in zoning therefrom, the procedures set out in Andover City zoning Ordinance Number 8 for a rezoning shall be followed. 7. The City of Andover shall be entitled to ;] record a copy of this agreement with the Anoka County Recorder, Anoka County, Minnesota. Dated this day of , 1980. William J. Baker, Sr. í'lilliam J. Baker, Jr. STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) On this day of , 1980, before me, a Notary Public within and fQr said County, personally appeared William J. Baker, Sr. and WilL, 'm J. Baker, ,Jr. to me known to be (J the persons described in and who eyecuted the foregoing instrument . and acknowledged that they executed the same as their free act and deed. 0 ¡ . Notary Public This Instrument was Drafted by: Burke and Hawkins 625 Highway 10 NE Blaine, MN 55434 ,. '\ /--......, C i I , ~'-j ." CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA . \ ( ,J NO. Rl6.80 MOTION by Councilperson Peach to adopt the following: A RESOLUTION APPROVING THE VARIANCE REQUEST OF DARRELL BURGER TO DELETE THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 19 FROM THE MORATORIUM ORDINANCE. WHEREAS, a Moratorium Ordinance prohibiting platting in the Urban Service Area was adopted on the 18th day of December, 1979; and WHEREAS, Mr. Burger is developing property of which a portion of the contiguous acreage is located within the Urban Service Area; and WHEREAS, for the purpose of continuity the developer wishes to plat the entire acreage; and WHEREAS, the Planning and Zoning Commission has reviewed the request for the variance; and WHEREAS, after such review the Planning and Zoning Commission is recommending approval of the reaquest because l)it is consistent with the Comprehensive Development Plan and 2)it does not adversely affect the health, safety, and welfare of the City of Andover; and :J WHEREAS, the City Council is in agreement with the reasons stated by the Planning and Zoning Commission~,,:¡J NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the variance request of Darrell Burger to delete that part of the South Half of the Southeast Quarter of Section 19, Township 32, Range 24, from the provisions of the Moratorium Ordinance. MOTION seconded by Councilperson Jacobson and adPRted at a Regular Meeting of the Andover City Council this 4th day of March , 1980, with a roll call vote as follows: Aye: Orttel, Lachinski, Jacobson, Peach Naye: None Absent: Windschitl CITY OF ANDOVER ATTEST: Ken Patricla K. Lindquist - City Clerk ,) 0 CITY OF ANDOVER Ü COUNTY OF ANOKA STATE OF MINNESOTA , ' , i ,~/ NO. Rl'7-8 MOTION BY Councilperson Jacobson to adopt the following: A RESOLUTION APPROVING THE VARIANCE REQUEST OF DAVID SZYKULSKI TO CONSTRUCT A GARAGE 37 FEET FROM THE ERONT LOT LINE ON PARCEL 3200, PLAT 65936. WHEREAS, the Planning and Zoning Commission has reviewed the variance request of David Szykulski to construct a garage 31 nearer the front lot line than allowed by Ordinance No.8, Section 6.02; and WHEREAS, after such review the Planning and Zoning Commission has recommended approval of the request because l)it does not adversely affect the health, safety and welfare of the residents of Andover, 2)it does not compromise the intent of the Comprehensive Plan and the Ordinances of the City of Andover; and WHEREAS, the City Council concurs with the Planning and Zoning , Commission recommendation and reasons; , , ! NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the variance request of David Szykulski to construct an~attªched garage 31 nearer the front lot line than allowed by Ordinance 8, Section 6.02, on Parcel 3200, Plat 65936. /~ MOTION SECONDED by Councilperson Peach at a Regular Meeting of \_/ the Andover City Council this 4th day of March , 1980, with roll call vote as follows: Aye: Peach, Lachinski, Orttel, Jacobson Naye: None Absent: Windschitl CITY OF ANDOVER =-~~W-\ Ken Ortte 1 - Act i ng ayor \, :~~) 0 U CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~J NO R18-80 MOTION by Councilperson Peach to approve the following: A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF C. CANFIELD FOR PLAT 65913, PARCEL 7850. WHEREAS, the Planning and Zoning Commission has reviewed the Lot Split request of Christine Canfield to divide Plat 65913, Parcel 7850 into two parcels pursuant to the requirements of Ordinance No. 40; and WHEREAS, the Planning and Zoning Commission are recommending to the City Council, approval of the request;and WHEREAS, reasons given for such recommendation are l)this is orderly planning and is the best use of the land, 2)it does not adversely affect the health, safety and welfare of the residents of the City of Andover, and 3)there was no opposition to the lot split; and WHEREAS, it is further recommended by the Planning and Zoning Commission that a variance be granted for Tract B, noting it does not have the required front footage of 300 feet; and ,,] WHEREAS, the City Council is in agreement with the recommendation of the Planning and Zoning Commission; and WHEREAS, the City Council acknowledges that should the street be extended at some future date, Tract B would have the required frontage. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the lot split request of C. Canfield for Plat 65913, Parcel 7850, as shown on the attached Exhibit ItAIt. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby grant an exception to Tract B for front footage. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover that such lot division approval is contingent on the payment of $200.00 in park dedication fees. MOTION seconded by Councilperson Ortte 1 and adopted by the City Council of the City of Andover at a Regular Meeting this 18th day of March , 1980, by a roll call vote as follows: Aye: Windschitl, Jacobson, Lachinski, Orttel, Peach Naye: None Absent: None ~~ C ITV OF ANDOVER ~W~~ e y Win schitl - Mayor /,'- u ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " \ NO. R19-80 V MOTION by Councilperson Lachinski , to:addpt the following: A RESOLUTION GRANTING AN EXTENSION TO JAMES HANE FOR THE FILING OF THE FINAL PLAT FOR CUNNINGHAM ADDITION AKA HANE-PARAYIL ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Approval is hereby granted to James Hane for a six-month extension for the filing of the Final Plat of Cunningham Addition aka Hane-Parayil Addition, with such extension to expire on the 12th day of August, 1980. Motion seconded by Councilperson Peach , and adopted by the City Council at a Regular Meeting this 18th day of March , 1980, by roiJ¡l as follows: Aye: Windschitl, Lachinski, Jacobson, Orttel, Peach Naye: None Absent: None CITY OF ANDOVER / " \.,J ATTEST: ~ ~ '/lu¿;d /~ e y VIi 'schit - Mayor 1\ \J 0 CITY OF ANDOVER Ù COUNTY OF ANOKA STATE OF MINNESOTA ;~ NO. R20-80 MOTION by Councilperson Lachinski to adopt the following: A RESOLUTION ACCEPTING THE REVISED FEASIBILITY REPORT FOR THE IMPROVEMENT OF BITUMINOUS STREETS FOR 133RD AVENUE, 134TH AVENUE, 135TH AVENUE, GLADIOLA STREET AND EIDELWEISS STREET IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 32, RANGE 24. WHEREAS, a feasibility report covering the improvement of bituminous streets for 133rd Avenue, 134th Avenue, 135th Avenue, Gladiola Street and Eideiweiss Street in the East Half of the Southwest Quarter of Section 33 was prepared by TKDA and accepted by the City Council on the 19th day of February 1980; and WHEREAS, street standards in the City of Andover were revised by the City Council on the 6th day of March, 1980; and WHEREAS, TKDA was directed to revise the feasibility report using the new standards; and WHEREAS, such report was presented to the City Council on the 18th day of March, 1980: ~~) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the Feasibility Report as rev~sed and presented by TKDA for the improvement of bituminous streets for 133rd Avenue, 134th Avenue, 135th Avenue, Gladiola Street and Eidelweiss Street in the East Half of the Southwest Quarter of Section 33, Township 32, Range 24. MOTION seconded by Councilperson Jacobson , and adopted by the City Council at a Regular Meeting this 18th day of March , 1980, by roll call vote as follows: Aye: Windschitl, Lachinski, Peach, Jacobson Naye: None Present: Orttel (affected by improvement) CITY OF ANDOVER ATTEST: /~ ~~;'R_.&V / Je y W' dsc ltl - Mayor f-~ I '---.,/ ( ~ l) V CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA 0 NO. R21-80 MOTION by Councilperson Peach to adopt the following: A RESOLUTION DENYING THE REZONING REQUEST OF GM INVESTMENT COMPANY TO REZONE PARCEL 6600t PLAT 65928t FROM RESIDENTIAL 1 TO RESIDENTIAL 4. WHEREAS, pursuant to notice published thereof, the Plänning and Zoning Commission has conducted a public hearing on the rezoning request of GM Investment to rezone Parcel 6600, Plat 65928 from R-1 to R-4; and WHEREAS, after such hearing and review, the Planning and Zoning Commission has set forth to the City Council a recommendation for denial of the request; and WHEREASt the Planning and Zoning Commission cites as reasons for such denial as being 1)there was considerable opposition at previous public hearings as to the lot size proposed (R-4) and 2)that rezoning to R-4 would not be compatible with the surrounding nature of the neighborhood; and ) WHEREAS the City Council concurs with the recommendation and the reasons set out by the Planning and Zoning Commission; and , WHEREAS, the City Council is of the opinion it would not be proper to rezone an area to such a zoning that would not correspond to the zoning of all contiguous property; and 0 WHEREAS, a previous rezoning in this area bas permitted an R-3 Classification on1y. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby deny the rezoning request of GM Investment to rezone from Residential 1 to Residential 4, the property described as: The Southwest Quarter of the Southwest Quarter of Section 28t Township 32, Range 24, except the north 800.0 feet thereof, as measured along the west line thereof; also excepting the east 566.00 feet thereof, as measured at right angle to the east line thereof; also excepting the south 165.0 feet of the east 990.00 feet thereoft said distances being measured at right angles to the south and east lines respectively; also excepting that part lying southwesterly and westerly of the following described line: Beginning at a point on the south line of said southeast quarter of southwest quarter distand 1114.0 feet west of the southeast corner thereof, assuming bearing of said south line is west; thence north 45027119" west to the point of intersection with a line drawn parallel with and distant 99.0 feet easterly oft as measured at a right angle to, the west line of said Southeast Quarter of Southwest Quarter ; thence northerly along said parallel line to the south line of the north ·0 800.00 feet of said Southeast Quarter of Southwest Quarter and there terminating. , r , Rezoning - GM InveL,_.dknt . , , ~ '-. Resolution No. 21-80 \ 0 MOTION seconded by Councilperson Orttel and adopted by the City Council at a Regular Meeting this 18th. day of March , 1980, by roll call vote as follows: Aye: Windschitl, Orttel, Lachinski, Jacobson Naye: None Absent: Peach C ITV OF ANDOVER ~~.~ J ry W, asc itl - Mayor ., . f~ \J ~J 0 u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ,~ NO. R22-80 MOTION BY Councilperson Lachinski to adopt the following: A RESOLUTION REZONING THE GREEN ACRES AREA IN SECTION 28 AND SECTION 33, TOWNSHIP 32, RANGE 24 TO RESIDENTIAL-3 WHEREAS, the City of Andover has conducted public hearings pursuant to law for the rezoning of the Metropolitan Urban Service Area; and WHEREAS, the subdivion known as Green Acres in the South Half of the Southeast Quarter of Section 28 and in the North Half of the Northwest Quarter of Section 33 is included in the Metropolitan Urban Service Area; and WHEREAS, the majority of the lots in this subdivisåon were created under a variance in 1970; and WHEREAS, the majority of such lots contain the existing Residential-3 size requirements; and WHEREAS, the majority of such lots do not conform closely to any other existing zoning. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover ~J to hereby rezone the subdivision known as Green Acres in the South Half of the Southeast Quarter of Section 28 and in the North Half of the Northwest Quarter of Section 33 to Residential-3 as defined in Section 6.02 and Section 7.01 of Ordinance No.8 as amended. MOTION seconded by Councilperson Peach and adopted by the City Council at a Regular Meeting this lRthday of March , 1980, by a vote as follows: Aye: Windschitl, Peach, Orttel, Lachinski, Jacobson Naye: None Absent: None CITY OF ANDOVER A TIT-Sf-=-----.. ~Ú~...~ // ... , , , ¡ / e y s c It - Mayor :) 0 u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~J NO. R23-80 MOTION by Councilperson Jacobson to adopt the following: A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE THE NECESSARY DOCUMENTS TO ESuE CERTIFICATES OF INDEBTEDNESS IN THE AMOUNT OF $40,000 TO FIRST NATIONAL BANK OF ANOKA AT AN INTEREST RATE OF 7%. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The City Attorney is hereby directed to prepare the necessary documents to issue Certificates of Indebtedness in the amount of $40,000 to First National Bank of Anoka at an interest rate of 7%. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby declare tbef'receipts from such Certificates to be used for the purchase of the 1980 Ford Dump Truck under Contract to Boyer Ford Trucks, Inc. Adopted by the City Council of the City of Andover at a Regular Meeting this 18th day of March , 1980, upon motion seconded by Councilperson Orttel . ~~) CITY OF ANDOVER ~.~ er y 1 sc ltl - ayot:! /'''\ \.~_/ I ü ' ') ( ~ --' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~J NO. R24-80 MOTION BY Councilperson Lachinski to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF BITUMINOUS STREETS FOR 133RÐ AVENUE, 134TH AVENUE, 135TH AVENUE, GLADIOLA STREET AND EIDELWEISS STREET IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 32, RANGE 24. WHEREAS, a resolution adopted by the City Council on the 19th day of February, 1980, accepted the feasibility report as prepared by TKDA for the improvement of bituminous streets for 133rd Avenue, 134th Avenue, 135th Avenue, Gladiola Street and Eidelweiss Street in the East Half of the Southwest Quarter of Section 33; and WHEREAS, a public hearing for such improvement was set for Thursday, the 20th day of March, 1980, 7:30 P.M. at the Andover City Hall; and WHEREAS, notice was given pursuant to law by two weeks publication in the legal newspaper and individual mailed notice to each affected property owner; and WHEREAS, such hearing was held on the date prescribed and testimony ~~J received from affected property owners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the improvement of bituminous streets for 133rd Avenue, 134th Avenue, 135th Avenue, Gladiola Street and Eidelweiss Street. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the firm of Toltz, King, Duvall, Anderson & Associates to commence preparation of final plans and specifications for such improvement. MOTION seconded by Councilperson Jacobson , and adopted by the City Council of the City of Andover this 20th day of March , 1980, by the following vote: Aye: Windschitl, Peach, Lachinski, Jacobson Naye: None Present: Orttel (affected by improvement) CITY OF ANDOVER /ATTEST: ~ w; ./. ..t;;R" _ \ ~ry Wi Sichitl - Mayor . _. " :,) r , t._.J '<--) ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R25-80 A RESOLUTION REQUESTING THE COUNTY OF ANOKA ENTER INTO A JOINT POWERS AGREEMENT WITH THE CITY OF ANDOVER TO INCREASE THE SIZE OF A CULVERT OVER COUNTY ROAD 9. WHEREAS, the owners of the 80 acres of property on the northeast quadrant of Round Lake Boulevard and Bunker Lake Boulevard, Good Value Homes and their president, Frank Voth, have shown the need for additional storm water drainage capacity in the culvert passing under County Road 9; and WHEREAS, those owners of that property have requested in writing in a letter dated March 25, 1980, that the City join in a joint powers agreement with the County to increase the size of that culvert to 48 inches; and WHEREAS, the owners of the property have agreed in writing to accept the responsibility for the additional cost for the oversizing; and WHEREAS, the owners of the property have requested that the public hearings be waived under the 429 proceedings; , NOW, THEREFORE, BE IT RESOLVED that the City of Andover hereby requests that \ ~ the County of Anoka provide for the oversizing of the drainage pipe in the letting of the bids. Motion made by Counci1person Ortte1, seconded by Counci1person Peach, and adopted by unanimous vote of the City Council on this 25th day of March, 1980. ~ w· Il.~ Je y Wi schit1 - Mayor : -) Ü CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA '\ NO. R~?~-P') \,-~ MOTION by Counci1person to adopt the following: OrUc 1 A RESOLUTION APPROVING THE SPECIAL USE PERMIT FOR WASTE DISPOSAL ENGINEERING TO STORE AND DRY LIME SLUDGE ON PROPERTY DESCRIBED AS THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 32, RANGE 24, CONTAINING APPROXIMATELY FORTY ACRES. WHEREAS, the Planning and Zoning Commission did conduct a public hearing on the request for Special Use Permit to store and dry 1ime~udge on property described as that part of the North Half of the Northeast Quarter of Section 34 in the City of Andover; w1th such material to be used as cover on the 1andfi11;and WHEREAS, as a result of such public hearing the Planning and Zoning Commission has recommended approval of the request; and WHEREAS, the City Council acknowledges proper termination of the landfill in the best interest of the residents of the City is of primary concern. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit to store and dry lime sludge on property described as that part of the North Half of the Northeast Quarter , " of Section 34, Township 32, Range 24, as requested by Waste Disposal Engineering. ~~) BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby condition such approval on the following: 1. That subject property shall be used exclusively as a working area for the handling of lime sludge; 2. That this working area would fall under the regulations and/or ordinances of the City of Andover and the County of Anoka; 3. That a working plan be submitted to the City and County stating the quantity of lime sludge to be brought into the area, along with the number of months required to terminate use; 4. That such working plan documents the quantity of 1ime~udge needed to cap the 1 andfi 11;. 5. That at such time as the use ceases to exist, the applicant would return the working area to its original state, 6. That such working area is already naturally screened in accordance with Ordinance 8, Section 8.03; 7. That such Special Use përmit would be subject to reviewand-Teport . on a three (3) month basis, with such report being done by both City and County; 8. That the traffic pattern used for the delivery of the lime sludge would be limited to Hanson Boulevard and crossing Bunker Lake Blvd ,'-, at their intersection; \~ 9. That the hours of hauling shall be from 7:00 A.M. to 4:30 P.M. 0 Ü Special Use Permit Waste Disposal Engineering <J 10. That such use will allow for the proper termination of the landfill by providing an impervious cover material for the landfill; 1l. At this time there is no adverse affect on the health, safety and welfare of the Community. At such time as it is determined to be adverse, this Special Use Permit shall be called for review; 12. That note be made of no public opposition at the hearing; 13. Use is subject to compliance with the petitioner's engineering report and schematic dated October 19, 1979 showing storage and drying methods; 14. That such approval is contingent upon approval by Anoka County. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby acknowledge that this Special Use Permit does not designate this property as a part of the landfill. MOTION seconded by Councilperson Lachinski , and adopted at a Regular Meeting of the Andover City Council on this 1st day of April , 19'39, by roll call vote as follows: I Aye: Windschitl, Lachinski, Orttel, Jacobson ;-J Naye: None Absent: Peach C ITV OF ANDOVER ATTEST: ~¡J. e.-~ err Wln itl - Mayor erk ( " \- _/ , 0 U CITY OF ANDOVER COUNTY OF ANOKA \ STATE OF MINNESOTA 0 NO.R27-80 MOTION by Councilperson Lachinskito adopt the following: A RESOLUTION ORDERING THE PREPARATION OF A FEASIBILITY REPORT BY THE CITY ENGINEERS, TKDA, FOR THE IMPROVEMENT OF SANITARY SEWER, PUBLIC WATER, STORM SEWERS AND STREETS FOR THOSE AREAS IN SECTION 29, TOWNSHIP 82, RANGE 24 AND SECTION 32, TOWNSHIP 32, RANGE 24, AS DETERMINED BY THE CITY COUNCIL AT A MEETING THE 25TH DAY OF FEBRUARY, 1980. WHEREAS, the City Council has received petitions requesting specific improvements such as sanitary sewer, water, and/or streets; and WHEREAS, these petitions contain signatures of property owners of several contiguous and non-contiguous parcels within Section 29 and Section 32; and WHEREAS, the City Council acknowledges the need to include other areas from which petitions have not been received in order to provide the improvements to the petitioned areas; and WHEREAS, the City Council is of the opinion the entire c_J area must be addressed to insure the most economical means by which to provide these services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby direct the City Engineer, T.K.D.A., to prepare a feasibility report covering the improvement of sanitary sewers, public water and/or bituminous streets for those areas in Section 29, Township 32, Range 24, and Section 32, Township 32, Range 24, as determined by the City Council at a meeting the 25th day of February, 1980. BE IT PURTHER RESOLVED by the City Council of the City ôf Andover to hereby authorize and expenditure not to exceed the amount of $6,000.00 for the preparation of such feasibility report. MOTION seconded by Councilperson Jacobson and adopted by the City Council at a Regular Meeting this 1st day of April, 1980, by roll ca 11 vote as follows: Aye: Windschitl, Jacobson, Lachinski, Orttel Naye: None Absent:Peach CITY OF ANDOVER :~ ~fr{;' ~.~ e ry ln SChltl - Mayor C erk 0 C) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA "\ \.J NO. R28-80 MOTION BY Councilperson Lachinski to adopt the following: A RESOLUTION ORDERING THE PREPARATION OF A FEASIBILITY STUDY FOR THE IMPROVEMENT OF BITUMINOUS STREETS WITH STORM DRAINAGE FACILITIES FOR 138TH AVENUEt XAVIS STREET NORTHWEST AND EIDELWEISS STREET IN THE SOUTH HALF OF THE NORTH HALF OF SECTION 33t TOWNSHIP 32t RANGE 24. WHEREASt 138th Avenuet Xavis Street and Eidelweiss Street in the South Half of the North Half of Section 33t Township 32t Range 24 are acknowledged by the City Council to be in a state of deterioration; and WHEREASt such streets are further acknowledged to be the only streets in the sewered area not hard surfaced; and WHEREASt the costs to maintain such streets as a result of the above are rapidly increasing; and WHEREASt the City Council believes the cost of street maintenance should not be more excessive in one area than in any other area; and '\ WHEREASt street maintenance is paid equally by all taxpayers \..J within the City of Andover; and WHEREASt the City Council believes the costs for such street maintenance would equalize if the above streets were of a bituminous surface. NOWt THEREFOREt BE IT RESOLVED by the City Council of the City of Andover to hereby direct the City Engineert Toltzt Kingt Duvallt Anderson & Associates to prepare a feasibility report for the construction of bituminous streets pursuant to City Standards for 138th Avenue Northwest, Xavis Street Northwest and Eidelweiss Street in the South Half of the North Half of Section 33, Township 32t Range 24. Motion seconded by Councilperson Orttel ~ and adopted by the City Council at a Regular Meeting this Ist;:;',:r:day of April, 1980 by the following roll ca 11 vote: Aye: Windschitl, Jacobson, Lachinski, Orttel Naye: None Absent: Peach /') CITY OF ANDOVER 'J ~ W..J~./~ Je ry indschitl - Mayor Clerk 0 l) CITY OF ANDOVER COUNTY OF ANOKA / }.. STATE OF MINNESOTA ~' NO. R29-80 MOTION by Councilperson L h· I· to adopt the following: ac HIS (l A RESOLUTION ACCEPTING FEASIBILITY STUDY AND ORDERING PUBLla HEARING FOR THE IMPROVEMENT OF BITUMINOUS STREETS AND STORM DRAINAGE FACILITIES FOR 138TH AVENUE, XAVIS STREET AND EIDELWEISS STREET IN THE SOUTH HALF OF THE NORTH HALF OF SECTION 33, TOWNSHIP 32, RANGE 24. WHEREAS, the City Engineer has prepared a feasibility repört for the improvement of bituminous streets with storm drainage facilities for 138th Avenue, Xavis Street, and Eidelweiss Street in the South Half of the North Half of Section 33; and WHEREAS, such report has shown the proposed improvement to be feasible at an estimated cost of $96,600; and NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Andover to hereby accept the feasibility report for the construction of bituminous streets with storm drainage facilities for 138th Avenue, Xavis Street and Eidelweiss Street in the South Half of the North Half of Section 33, Township 32, / Range 24. '---- -~ BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby establish the âate of Thursday, May 1, 1980, 7:30 P.M. for a public hearing to receive written and oral testimony on the proposed improvement. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to give pUblished and mailed notice of such public hearing pursuant to MS,Chaper 429. MOTION seconded by Councilperson Jacobson and adopted by the City Council of the City of Andover this 1st day of April, 1980, ~y a vote as follows: Aye: Windschitl, Jacobson, Lachinski, Orttel Naye: None Absent:Peach CITY OF ANDOVER ~U·~ /"" - "'-, Je ry W dschitl - Mayor \.- )- ( - lJ ~ . (J .;,:" .- -, "~ 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 (~~~l~r) (special) meeting of the City Council of the City of Andover, Anoka County, Minnesota, was held at the City Hall w~;?e~~~" in said City on ~Ug.QAY, April 9, 1980, commencing at 7:30 o'clock P.M. The following members were present: Jacobson, Lachinski, Orttelt Peach and the following were absent: i~indschitl * * * * * * * * * , \J The following resolution was presented by CouncilmeITber Jacobc:on who moved its adoption: RESOLUTION NO. 30-8Q RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $430,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 BE IT RESOLVED By the City Council of the City of Andover, Anoka County, Minnesota as follows: l. 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: "\ I ..,,-~( . - u u '.. ,-J Project Designation & Description Project' 79- 2 and Project 1980-1 Total Project Cost Total Estimated Construction $387,950 Provision for Capitalized Interest (6-1-80 to 2-1-81) 29,383 Cost of Issuance 7,000 Total $424.33-3' Less: Reinvestment Income 2,733 Net Bond Requirement $421,600 (b) That it is necessary and expedient to the sound financial management of the affairs of the City to issue General Obligation Improvement Bonds of 1980, (the "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 $421,600. 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 $8,400. Any excess of the purchase price of the Bonds over the sum of $421,600 shall be credited to the debt service fund for the \ Bonds for the purpose of paying interest first coming due on such \J additional Bonds. The Bonds shall be issued and sold in accordance with the terms of the following Official Terms of Bond Sale: . . ,) -.-\--. ,-" _. ~." . ·_L -----------.-.-._~._--_._. -- . . 0 , ,- OFFICIAL TERMS OF OFFERING(~ $430,000 ,-.J CITY OF ANDOVER (ANOKA COUNTY), MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 Sealed bids for the Obligations shall be opened by the City Council on Tuesday, May 6, 1980, at 7:30 P.M., Central Time, at the Andover City Hall. Consideration of the bids for award of the Obligations shall immediately follow the opening of bids. DET AILS OF THE OBLIGATIONS The Obligations shall be dated June I, 1980 and shall bear interest payable on August I and February I of each year, commencing February I, 1981. The Obligations shall be general obligations of the Issuer for which the Issuer shall pledge its full faith and credit and power to levy direct general ad valorem taxes in addition the Issuer shall pledge special assessments against benefit properties. The Obligations shall be in the denomination of $5,000 in coupon form and non-registrable. The proceeds shall be used to construct various public improvements. The Obligations shall mature February I, in the amounts and years as follows: $25,000 1982 $45,000 1987 $30,000 1983-84 $50,000 1988-89 $35,000 1985 $60,000 1990 $40,000 1986 $65,000 1991 The Issuer may elect on February I, 1988, and on any interest payment date thereafter, to prepay ," Obligations due on or after February I, 1989. Redemption may be in whole or in part of the \ ) Obligations subject to prepayment. If redemption is in part, those Obligations remaining unpaid -. which have the latest maturity date shall be prepaid first and if only part of the Obligations having a common maturity date are called for prepayment the specific Obligations to be prepaid shall be chosen by lot by the Paying Agent. Prepayment of Obligations shall be at the following pri ces and accrued interest. If Called Price - February I, 1988 and August I, 1988 102% February I, 1989 and August I, 1989 101% February I, 1990 and thereafter Par TYPE OF BID A sealed bid for not I ess than $421,600 and accrued interest on the total principal amount of the Obligations shall be filed with the undersigned prior to the time set for the opening of bids. Also prior to the time set for bid opening a certified or cashier's check in the amount of $4,300 shall have been filed with the undersigned or SPRINGSTED Incorporated, the Issuer's Financial Advisor; no bid will be considered for which said check has not been filed. Said check of the Purchaser shall be retained by' the Issuer as liquidated damages in the event the Purchaser fails to comply with the accepted bid. No bid shall be withdrawn after the time set for opening bids, unl ess the meeting of the Issuer scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Obligations having heen made. Rates offered by Bidders shall be in integral multiples of 5/ 100 or 1/8 of I %. No rate for a maturity shall exceed '\ the rate specified for any subsequent maturity by more than 1.0%. No rate nor the net effective : J rate for the entire Issue of the Obligations shall exceed the maximum rate permitted by law, if ---- any, at the time of the sale. Obligations of the same maturity shall bear a single rate from the date of the Obligations to the date of maturity and additional coupons shall not be used. .---."-.---- _. --- . .. , , . · . u U AWARD The Obligations shall be awarded to the Bidder offering the lowest dollar interest cost to be 'determined by the deduction of the premium, if any, from, or the addition of the discount, if any, '--Ao, the total dollar interest on the Obligations from their date to their final scheduled maturity. The Issuer's computation of the total net dollar interest cost of each bid, in accordance with customary practice, shall be controlling. The Issuer shall reserve the right to: (j) waive non-substantive informalities of any bid or of matters relating to the receipt of bids and award of the Obligations, (ij) reject all bids without cause, and, Oii) reject any bid which the Issuer shall determine to have failed to comply with the terms herein. PAYING AGENT The Purchaser may name the Paying Agent but shall do so within two business days after the award of the Obligations. In the event of failure by the Purchaser to name the Paying Agent within said time the Issuer shall do so. The Issuer shall pay for the services of the Paying Agent. An alternate Paying Agent may be named by the Purchaser in the same manner as the principal Paying Agent is named, provided that there shall be no additional cost to the Issuer. CUSIP NUMBERS If the Obligations qualify for assignment of CUSIP numbers such numbers shall be printed on the Obligations, but neither the failure to print such numbers on any Obligation nor any error with respect thereto shall constitute cause for failure or refusal by the Purchaser to accept delivery of the Obligations. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. ~-) SETTLEMENT Within 40 days following the date of their award the Obligations shall be delivered without cost to the Purchaser at a place mutually satisfactory to the Issuer and the Purchaser. Delivery shall be subject to receipt by the Purchaser of an approving legal opinion of LeF evere, Lefler, Peorson, O'Brien and Drawz of Minneapolis, Minnesota, which opinion shall be printed on the Obligations, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Obligations shall be made in federal, or equivalent, funds which shall be received at the offices of the Issuer or its designee not later than 1 :00 P.M., Central Time of the day of settlement. Except as compliance with the terms of payment for the Obligations shall have been made impossible by action of the Issuer, or its agents, the Purchaser shall be liable to the Issuer for any loss suffered by the Issuer by reason of the Purchaser's non- compliance with said terms for payment. At settlement the Purchaser shall be furnished with a certificate signed by appropriate officers of the Issuer to the effect that the Official Statement prepared for the Obligations did not as of the date of the Official Statement, and does not as of the date of settlement, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. OFFICIAL STATEMENT Upon request to the Issuer's Financial Advisor prior to the bid opening underwriters may obtain a copy of the Official Statement. The Purchaser shall be provided with 15 copies and may obtain ') additional copies at the Purchaser's cost. Any other interested party may obtain a copy, if \,~ available, at a price of five dollars. Dated April I, 1980 BY ORDER OF THE CITY COUNCIL /s/ Patricia K. Lindquist Clerk-Treasurer · ~ u (J .. . "J 3. The City Clerk-Treasurer is authorized and directed to advertise the Bonds for sale in accordance with the foregoing Official Terms of Bond Sale and to cause the abbreviated potice of sale attached hereto as Exhibit "A" , to be published in the manner required by law. The City Council shall meet on Tuesday, May 6, 1980, at 7:30 o'clock P.M. for the purpose of considering sealed bids on the Bonds and taking any other appropriate action. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Peach and upon vote being taken thereon, the following voted in favor of the motion: Jacobson, Lachinski, Orttel, Peach and the following voted against: none ,-J whereupon said resolution was declared duly passed and adopted. '-) - ~ -.. ---- -~- ---" ,-- ~ . (~) C) . '-' ,- '\ NOTICE OF BOND SALE \,J $430,000 General Obligation Improvement Bonds of 1980 City of Andover, Minnesota Anoka County Sealed bids for the Obligations shall be opened by the City Council on Tuesday, May 6, 1980, at 7:30 P.M., Central Time, at the Andover City Hall. Consideration of the bids for award of the Obligations shall immediately follow the opening of bids. The Bonds will be dated June 1, 1980, will bear interest payable semiannually on each August 1 and February 1 to maturity, commencing February 1, ~-9~~~_ and will mature on February 1 in the amounts and years as follows: $25,000 1982 $45,000 1987 $30,000 1983-84 $50,000 1988-89 $35,000 1985 $60,000 1990 $40,000 1986 $65,000 1991 Bonds maturing after February 1, 1988, will be subject to redemption and prepayment on that date and any interest payment date thereafter at the following prices and accrued interest: CJ If Called Price February 1, 1988 and August 1, 1988 102% February 1, 1989 and August 1, 1989 101% February 1, 1990 and thereafter Par No rate of interest nor the net effective rate of the issue may exceed the maximum rate permitted by law at the time of the sale. Bidders must specify a price of not less than $421,600 plus accrued interest. A legal opinion on the Bonds will be furnished by Messrs. LeFevere, Lefler, Pearson, O'Brien & Drawz, of Minneapolis, Minn- esota. 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 of Offering to be published in the Official Statement for the Offering may contain additional bidding terms and information relative to the Issue. In the event of a variance between statements in this Notice of Bond Sale and said Official Terms of Offering, the provisions of the latter shall be those to be complied with. BY ORDER OF THE CITY COUNCIL /s/ Patricia K. Lindquist I~,\ City Clerk-Treasurer Dated: April 1, 1980 \J (J - ) - ( .......J , ''\ I '-J STATE OF MINNESOTA ) ) COUNTY OF ANOKA ) SSe ) 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, April 9,1980, 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 $430,000 General Obligation Improvement Bonds of 1980, of the City. WITNESS My hand as such Clerk-Treasurer and the corporate seal ~--) of t'he City this 10th day of April , 1980 . (SEAL) "\ , - _/ ) . - - -- - u __ __ ___ _ _ . >' 0 l) , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~-) NO. R31.:a 0 MOTION by Councilperson Jacobson to adopt the following: A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF ESTHER OLSON TO SUBDIVIDE NIGHTENGALE ESTATES SECOND ADDITION INTO THREE PARCELS FROM THE EXISTING LOTS 1 AND 2. WHEREAS, Esther Olson did on January 3, 19ao request permission to subdivide Lot 2, Block 1 of Nightengale Estates into two separate parcels each containing 2.031 acres; and WHEREAS, the Planning and Zoning Commission did review the request on January 22; and WHEREAS, after such review the Planning and Zoning Commission felt the entire Addition should be replatted thereby eliminating the need for a variance for substandard area lots; and WHEREAS, through an oversight,the Lot Split Application was not referred to the City Council for action until April 1, 19aO; and WHEREAS, it was the opinion of the City Attorney that Mrs. Olson could continue with a lot split pursuant to Ordinance No. 40; and ~-J WHEREAS, it was the recommendation of the City Attorney that both Lot 1 and Lot 2 should be included with lot lines being changed to create three separate parcels instead of the existing two; and WHEREAS, Mrs. Olson was advised to prepare legal description for three separate parcels of land each containing the minimum required area of 2.5 acres and the minimum frontage of 3001; and WHEREAS, Mrs. Olson did return to the City Council on April 15 with such legal descriptions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Lot Split of Nightengale Estates Second Addition into three separate building parcels as described on the attached Exhibit IIAII. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby acknowledge only one additional parcel is being created pursuant to Ordinance No. 40. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby declare such approval to be contingent on the payment of $100 for park fees. ,'- Motion seconded by Councilperson Peach and adopted by the City Council at a Regular Meeting this 15th day of April , 19aO. by the following roll call vote: - \ \_-~ AYE: Lachinski, Orttel, Jacobson Peach NAYE: None ABSENT: :Windschi tl .~~~, (~~~City Cl~rk ' Ken Orttel - Acting Mayor · ,\ (j U .f/;' .. " ~~ .,( LA W OffiCES - ~'\ GERALD M.RANDALL II '<'..... J.Þ+ 211 EAST MAIN STREET ANOKA, MINNESOTA 55303 =UCLAS ], DEHN April 9, 1980 TELEPHONE 421-5424 ASSOCIATE AREA CODE 612 Mrs. Esther Olson Re: Subdivision of Nightengale Estates Second Addition Dear Mrs. Olson: Pursuant to your request to have me draft legal descriptions to submit to the Andover City Council, I am providing you with the following: 1 ) The legal description for the most easterly parcel shall be as fo II ows: \J Lot 2, Block I, Nightengale Estates Second Addition, Anoka County, Minnesota, except the West 236.00 feet thereof. 2) The legal description for the middle parcel shall be as fo II ows : The East 142.24 feet of Lot 1, Block I, and the West 236.00 feet of Lot 2, Block I, all in Nightengale Estates Second Addition, Anoka County, Minnesota. 3} The legal description for the westerly parcel shall be as follows: Lot I, Block I, Nightengale Estates Second Addition, Anoka County, Minnesota, except the East 142.24 feet thereof. Because the southeast corner of Parcel 1 is curved, and not a true corner, I have given the north and south lines of Parcel I distances of 378.51 feet, which if the southeast corner was a true corner, would give Parce I I an additional 80.59 square feet, over and above the two and one- '\ ) . ~ / , '\ I ' \.J ( I . . 'J Mrs. Esther Olson April 9, 1980 -) , Page two \. half acre requirement. Therefore, the additional 80.59 feet should compensate for the curved nature of the southeast corner of Parcel 1 and give Parcel 1 the two and one-half acres needed. Parcel 2 is 2.86 square feet over the two and one-half acre requirement. ' .~_... ' --..- Parcel 3 contains the remaining acreage. If you have any questions concerning these descriptions, do not hesitate to contact me. Very truly yours, ~Þrß ¡IN-- Douglas J. Dehn DJD:cd / '\ \_~ . ) - u u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \ ~ NO. R 32-8 MOTION by Councilman Lachinski to adopt the following: A RESOLUTION APPROVING A LOT SPLIT OF PLAT 65924, PARCEL 3760, AS REQUESTED BY LESLIE JOHANSON, PROPERTY OWNER. WHEREAS, the Planning and Zoning Commission has reviewed the application of L. Johanson to split Plat 65924, Parcel 3760 into two parcels pursuant to the requirements of Ordinance No. 40; and WHEREAS, after such review the Planning and Zoning Commission has recommended to the City Council, approval of the request; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being l)all the necessary provisions of the lot split ordinance have been complied with, 2)this lot split is in conformance with the City's Comprehensive Development Plan and 3)it does not interfere with the orderly planning and is not contrary to the public interest; and WHEREAS, the City Council is in agreement with those reasons cited by the Planning and Zoning Commission; and WHEREAS, the City Council acknowledges the most easterly proposed / '\ tract would require a combination with the adjoining parcel to give it road frontage. \ \J NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the split of Plat 65924, Parcel 3760 into two separate parcels described as: Tract A: The Easterly 325.07 feet of that part of the Southwest Quarter of the Northwest Quarter of Section 24-32-24 beginning at a point on the west line of sd Southwest Quarter of Northwest Quarter distant 946.7 feet north from the southwest corner thereof; thence continuing north along sd west line 335 feetat right angles east 650.15 feet, thence at right angles 335 feet south, thence west to the point of beginning. Tract B: The Westerly 325.08 feet of that part of the Southwest Quarter of the Northwest Quarter of Section 24-32-24 beginning at a point on the west line of sd Southwest Quarter of Northwest Quarter distant 946.7 feet north from the southwest corner thereof; thence continuing north along sd west line 335 feet at right angles east 6£0.15 feet, thence at right angles 335 feet south; thence west to the point of beginning. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby require that Tract A as described be combined with property described as: That part of the Northwest Quarter of Section 24-32-24, Anoka County, MN, described as beginning at a point on the west line of sd Northwest Quarter '\ distance 700.46 feet north of the southwest corner thereof, thence 1 ',J continuing north along sd west line a distance of 246.24 feet, thence at right angles east a distance of 650.15 feet, thence northerly at right angles 335 feet, thence easterly at right angles 200 feet, thence southerly at right angles 335 feet, thence easterly at right angles 341.57 feet, thence southerly at right angles to an interesection with a line drawn easterly and parallel with the south line of sd Northwest Quarter; from the point of beginning, thence westerly along sd parallel line to the point of beginning (subj to an easement for road purposes over the west 33 feet thereof). MOTION seconded by Councilperson Peach and adopted by the City Council at a Regular Meeting this 15th day of April , 1980, by unanimous vote. CITY OF ANDOVER ~~~Q&, Ken ~- Actlng Mayor u U CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \ ) NO. R33-80 MOTION by Councilman Peach to adopt the following: A RESOLUTION APPROVING A VARIANCE REQUEST OF DALE MASHUGA TO CONSTRUCT A PRIVATE GARAGE WITHIN THE REQUIRED SETBACK ALONG ARTERIAL STREETS. WHEREAS, Dale Mashuga did meet with the City Building Official to discuss the construction of a private garage on Lot 1, Block 1, Woodridge Acres; and WHEREAS, based on information received from the City Building Official at this time, the property owner did contract to have the garage built; and WHEREAS, when the property owner applied for the building permit for such construction on the 10th day of April, 1980, he was informed such permit could not be issued pursuant to Ordinance No.8, Section 6.02, requiring a minimum 50' setback from major arterial streets; and WHEREAS, such streets are defined in Ordinance No. 10, Section 10.la, to be County Roads; and WHEREAS, the property owner was advised to seek a variance to allow such construction; and ~~ WHEREAS, the property owner did apply for such variance; and WHEREAS, the property owner did appear before the City Council on the 15th day of April, 1980, requesting immediate approval by the City Council to allow him to pursue his construction commitment; and WHEREAS, the City Council aknow1edged receipt of a letter dated April 14, 1980, from the County Engineer; and WHEREAS, such letter indicated the County would have no objection to allowing the construction of a garage 30' from the County right-of-way line; and WHEREAS, the City Council did acknowledge that incorrect information had been given to the property owner by a City Staff member; and WHEREAS, the City Council further acknowledged that such information resulted in the property owner receiving commitments for construction on specific dates; and WHEREAS, the City Council was of the opinion that should construction be delayed for six weeks, an undue financial hardship would be placed on the property owner. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby waive the provisions of Ordinance No.8, Section 5.04 requiring all variance to be heard by the Planning and Zoning Commission prior to Council action. :,J BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby approve the variance request of Dale Mashuga to construct a private garage 30' from the existing right-of-way line of CSAH No. 18 on Lot 1, Block 1 Woodridge Acres . MOTION seconded by Councilman Lachinski and adopted by the City Council at a Regular Meeting on ~ day of April , 1980, by a vote of 3/1 (Jacobson-no). CITY OF ANDOVER ~Q~~ Ken Ortte - Actlng Mayo ,-J ü u ( C!TY OF ANDOVER /' COUNTY OF ANOKA STATE OF MINNESOTA ,~ NO. R 34-80 MOTION BY Councilman I rtrhin<;ki to adopt the following: A RESOLUTION ACCEPTING THE FEASIBILITY STUDY AND ORDER A PUBLIC INFORMATIONAL HEARING TO DETERMINE AND AFFIRM THE SCOPE OF THE PROPOSED IMPROVEMENT OF SANITARY SEWERS, STREETS, STORM SEWERS AND/OR PUBLIC WATER IN SECTION 32, TOWNSHIP 32, RANGE 24 AND SECTION 29, TOWNSHIP 32, RANGE 24. WHEREAS, numerous petitions requesting various improvements have been received from property owners in Section 32-32-24 and Section 29-32-24; and WHEREAS, on April 1, 1980, the City Council did accept such petitions and direct the City Engineer to perform a feasibility study; and WHEREAS, the City Engineer did present such feasibility study to the City Council on April 15th, 1980; and WHEREAS, the City Council is desirous of presenting the information contained in such study to all the residents in the affected area; and WHEREAS, the City Council does not wish to expend funds for further review of areas in which such improvements may not be needed. 0 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the Feasibility Study for Section 32-32-24 and Section 29-32-24 as presented by Toltz, King, Duvall, Anderson & Associates. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby set the date of Apri 1 29 1980 7: 30 P.M., Andover City Hall, to hold an informational meetîng to determine the full scope of the proposed improvements. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to direct the City Clerk to give mailed and published notice of such hearing. MOTION seconded by Councilman ~~c and adopted by the City Council at a Regular Meeting on this 15th day of April , 1980, by roll call vote as follows: Aye: Jacobson, Lachinski, Orttel Naye: Peach Absent: Windschitl C!TY OF ANDOVER :,J No. R36-80 (~ CITY OF ANDOVER ( ) U COUNTY OF ANOKA STATE OF MINNESOTA MOTION by Councilman Lachinski to adopt the following: _/ A RESOLUTION APPOINTING A RESPONSIBLE AUTHORITY AND ASSIGNING DUTIES PURSUANT TO MINNESOTA DATE PRIVACY ACT, MINNESOTA STATUTES, SECTIONS 15.1611 to 15.1698 THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: 1. The City Council of the City of Andover hereby appoints Patricia K. Lindquist, City Clerk/Treasurer, as the Responsible Authority for the purposes of meeting all requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Section 15.1611 to 15.1698 as amended. 2. The ResponsibleA~hority may appoint other city employees to assist in the administration and enforcement of the duties of the Responsibile Authority and to be in charge of individual files or systems. If the Responsible Authority appoints a designee or designees, this appointment must be in writing, and the City Council shall be provided a copy of the appointment. 3. The duties of the Responsible Authority and the designess are as follows: a. The Responsble Authority shall keep records containing government data in such an arrangement and condition as to make them easily accessible for convenient use by the public. Photographic, photostatic,microphotographic, or microfilmed records shall be considered as accessbile for convenient use regardless of the size of these records. ~ ) b. The Responsible Authority shall establish procedures to insure that requests for government data are received and compiled within an appropriate and prompt manner. c. The Responsible Authority or designee shall, upon request by any person, permit that person to inspect and copy government data during the normal business hours of the City, and at places provided by the Responsible Authority or designee. The Responsible Authority or designee shall require the requesting person to pay the actual costs of making, certifying and compiling the copies. If the Responsible Authority is not able to provide copies at the time a request is made, the Responsible Authority or designee shall supply copies as soon as possible. If the Responsible Authority or designee determines that the requested government data is classified so as to deny the requesting person access, the Responsible Authority or designee shall so inform the requesting person orally at the time of the request, and in writing soon thereafter as possible, and shall cite the statute, temporary classification, or federal law upon which the determination is made. d. The Responsible Authority shall prepare a public document containing his name, title, address and a description of each type of record file or process relating to private or confidential data on individuals retained by the City Forms used to collect private or confidential data shall be included with this document. The Responsible Authority shall update the public document annually and make any necessary changes to maintain the accuracy of the document. ~ ) e. The Responsible Authority shall establish procedures to assure that all data on individuals is accurate, complete, and current for the purposes for which it was collected; and establish appropriate security safeguards for all records containing data on individuals. l \ ( ) U "---J f. The Responsible Authority or designee shall prepare summary data from private or confidential data on individuals upon the request of any person, provided that the request is in writing and the cost of preparing the summary data is borne by \ the requesting person. The Responsible Authority may delgate the power to prepare / summary data to the administrative officer responsible for any central repository of summary data; or to a person outside of the city if the person, in writing, sets forth his purpose and agrees not to disclose, and the Responsible Authority reasonably determines that the access will not compromise private or confidential data on individuals. g. The Responsible Authority shall prepare a public document setting forth the rights of the data subject pursuant to the Minnesota Government Data Practices Act and the specific procedures in effect in the City for access by the data subjects to public or private data on individuals. h. The Responsible Authority or designee shall allow another Responsible Authority or designee access to data classified as not public only when the access is authorized or required by statute or federal law. The Responsible Authority or designee when supplying government data under this provision may require the requesting Responsible Authority to pay the actual cost of supplying the data. i. The Responsible Authority shall, when appropriate, apply to the Commissioner of Administration for permission to classify temporary data or types of data on individuals as private or confidential, or data not on individuals as non-public, on a temporary basis until a proposed statute can be acted upon by the Legislature. j. Upon request to the Responsible Authority, or designee, any individual must be informed whether he is subject of stored data on individuals, and whether it is classified as public, private, or confidential. Upon further request, the ) individual who is the subject of the stored private data on individuals shall be . shown the data without charge to him and, if he desires, shall be informed of the content and meaning of that data. The Responsible Authority or designee shall provide copies of the private data upon request by the individual subject of the data, and the cost of providing copies shall be borne by the individual. The Responsible Authority or designee shall comply immediately, if possible, with any request made by an individual under this paragraph, or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If the Responsible Authority or designee cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sunday and legal holidays. k. If an individual contests the accuracy or completeness of public or private data concerning himself, and notifies in writing the Responsible Authority describing the nature of the disagreement, the Responsible Authority shall within thirty days either correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or notify the individual that the Responsible Authority believes the data to be correct. Data which is in dispute shall be disclosed only if the individualjs statement of disagreement is included with the disclosed data. 4. This resolution implementing the Minnesota Government Data Practices Act shall remain in force and effect until modified by the City Council. , ) MOTION seconded by Councilman Peach and adopted by the City Council at a Regular Meeting this 15th day of April , 1980. CIT~~~ Ken Orttel - A tin ·1ayor , , , \ ~ ì \.~J CITY OF ANDOVER ../ COUNTY OF ANOKA STATE OF MINNESOTA , NO. R 37-80 , ./- MOTION by Councilperson Lachinski to adopt the following: A RESOLUTION ADOPTING THE RECORDS RETENTION SCHEDULE APPROVED BY THE STATE OF MINNESOTA UNDER THE DATE OF FEBRUARY 13, 1980. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The General Municipal Records Retention Schedule dated February 13, 1980, Reference No. 80-393 is hereby adopted to be used by the City of Andover. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby declare this schedule to supercede any/all other State Agency provisions. MOTION seconded by Councilperson Peach and adopted by the City Council at a Regular Meeting this Pith day of Apri 1 , 1980, by roll call vote as follows: Aye: Orttel, Lachinski, Jacobson, Peach Naye: None Absent: Windschitl " '\ CITY OF ANDOVER \ -~ J ~ro KenÜr~t ng áyor '-' ¡ '\ I ./ -, j / ,. "1 RESOLUTION NO. ~{í r.., .,..." ~ RESOLUTION AWARDING THE SALE OF $98,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980, FIXING THE FORM AND SPECIFICATIONS THEREFOR, DIRECTING THE EXECUTION, DELIVERY AND PROVIDING FOR PAYMENT WHEREAS, the Council has heretofore determined to improve certain property located within the City of Andover by installation of a storm sewer system and bituminous streets pursuant ,to Minnesota Statutes Chapter 429 which improvements have heretofore been designated as Improvement No. 80-2. WHEREAS, contracts have been let for the construction of said improvement and the total cost has been determined to be the sum of $98,000.00. WHEREAS, it is necessary, in order to provide funds for the construction of said improvements to issue General Obligation Improvement Bonds in the amount of $98,000.00 pledging the full faith and credit of the City as authorized by Minnesota Statutes Section 429.091. WHE REAS , the City sought private placement of said bond issue and solicited quotations on the purchase of same from the First National Bank in Anoka, Minnesota, and the State Bank of Anoka, Minnesota; and WHEREAS, the First National Bank in Anoka, Minnesota, offered to purchase such bonds to finance said project, bearing interest at the average rate of 7.00 per cent per annum, and WHEREAS, the State Bank of Anoka, Minnesota, declined to submit a quotation on the purchase of said issue, NOW, THEREFORE , BE IT RESOLVED, by the City Council, City of Andover, Anoka County, Minnesota as follo\vs: l. The bid of the First National Bank in Anoka, Minnesota to purchase the $98,000 General Obligation Improvement Bonds of 1980 is hereby found and determined to be the highest and best bid received and shall be and is hereby accepted, such bid being to purchase such bonds at the price of $98,000.00 plus accrued interest to the date of delivery, such bonds shall bear interest at the rate of 7.00 per cent per annum upon all bonds issued. . ; , . 2. The City of Andover shall forthwith issue and sell its General Obligation Improvement Bonds of 1980 ("Bonds") , the principal amount of $98,000.00, dated August 1, 1980, the bonds being 20 in number and numbered 1 to 20, both inclusive, in the denomination of $4,900.00 each, bearing interest as above set forth, all interest payable on February 1, 1981, and semi-annually thereafter on February 1 and August 1 in each year, and which bonds mature serially on February 1 in the years and amounts as follows: 1982 $4,900.00 1983 4,900.00 1984 4,900.00 . 1985 4,900.00 1986 4,900.00 1987 4,900.00 1988 4,900.00 1989 4,900.00 1990 4,900.00 1991 4,900.00 1992 4,900.00 1993 4,900.00 1994 4,900.00 1995 4,900.00 1996 4,900.00 1997 4,900.00 1998 4,900.00 1999 4,900.00 2000 4,900.00 2001 4,900.00 There shall be a prepayment privilege of any amount at any time granted to the City on all bonds. Both principal of and interest on the bonds shall be payable at the First National Bank, Anoka, Minnesota. 3. The bonds and interest coupons to be thereto attached shall be in substantially the following form. I / I . UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER No. $4,900.00 $98,000.00 IMPROVEMENT BONDS OF 1980 STREET IMPROVEMENT STORM SEWER IMPROVEMENT KNOW ALL MEN BY THESE PRESENTS: That the City of Andover, Anoka County, Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of $4,900.00 on February 1, 1982, and to pay interest thereon from the date hereon until the principal amount is paid at the rate of 7.00 per cent per annum, interest to maturity payable semi-annually on the 1st day of February and the 1st day of August in each year in accordance with and upon presentation and surrender of the attached interest coupons as they severally become due. Both principal and interest are payable at First National Bank in Anoka, Minnesota, in any coin or currency of the United States of America which at the time of payment is legal tender for public and private debts. To provide money for the prompt and full payment of said principal and interest as the same become due, the full faith credit and taxing powers of the City are hereby irrevocably pledged. This bond is subject to redemption and prepayment at the option of the City on any interest payment date, at a price of par and accrued interest, upon notice of call for such redemption, to the holder, if known. Bond holders desiring to receive such notice may have their names and addresses and the serial numbers of their bonds recorded by the City Treasurer. This bond is one of an issue of bonds in the total principal amount of $98,000.00, all of like date and tenor except as to maturity, all issued by the City for the purpose of providing money to defray expenses incurred and to be incurred in making local improvements, pursuant to and in full conformity with the Constitution and the laws of the State of Minnesota, including Minnesota Statute 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 monies 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 of the City without limitation as to rate or amount. IT IS HEREBY CERTIFIED AND RECITED, That all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen to exist and to be performed precedent to and in the issuance of this bond have been done, have happened, do exist and have been performed in regular and due form, time and manner as required by law and that this bond together with all other debts of the City outstanding on the date hereof and the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council, has caused this bond to be executed by the facsimile signature of the Mayor and the manual signature of the City Clerk-Treasurer and sealed with the corporate seal of the City and the interest coupons hereto attached to be executed and authenticated by the facsimile signatures of said officers, all as of August 1, 1980. CITY OF ANDOVER Anoka County, Minnesota By: (Facsimile) Gerald Windschitl, Mayor City Clerk-Treasurer (SEAL) I , , No. $ ON THE FIRST DAY OF AUGUST, 19 The City of Andover, Anoka County, Minnesota, will pay to the bearer, out of its $98,000.00 General Obligation Improvement Bonds Fund at First National Bank in Anoka, Minnesota, the amount shown for interest then due on its General Obligation Improvement Bond of 1980, dated August 1, 1980, No. City Clerk-Treasurer Mayor 4. That the bonds will be executed on behalf of the City by the facsimile signature of the Mayor and the manual signature of the City Clerk-Treasurer, and the corporate seal of the City shall be affixed thereto, and the interest coupons shall be executed and authenticated by the facsimile signatures of the Mayor and the City Clerk-Treasurer. The bonds when fully executed, shall be delivered by the City Clerk-Treasurer to the purchaser thereof upon receipt of the purchase price, and the said purchaser shall not be obligated to see to the proper application thereof. 5. The bonds shall be payable from the $98,000.00 General Obligation Improvement Bonds of 1980 Fund hereby created, and the proceeds of any general taxes hereafter levied and special assessments to be levied for the improvements (the "Improvements" ) financed by the bonds are hereby pledged to said fund. If any payment of principal or interest on the bonds shall become due when there is not sufficient money in said fund to pay the same, the City Clerk-Treasurer shall pay such principal or interest from the general fund of the City and such fund may be reimbursed for such advances our of proceeds of assessments from the Improvements when collected. 6. In order to provide funds at least five (5%) per cent in excess of the amounts needed to meet when due, principal and interest payments on the bonds issued hereunder, a direct annual ad valorem tax is hereby levied upon all of the taxable property in the City in the years and the amounts as follows: (Year stated being year of levy for taxes collectible in the following year.) "('\ 1980 - $2,846.20 1990 - 0 , :), 1981 - 2,006.55 1991 - 0 1982 - 1,646.40 1992 - 0 1983 - 1,286.25 1993 - 0 L984 - 926.10 1994 - 0 1985 - 565.95 1995 - 0 1986 - 205.80 1996 - 0 1987 - 0 1997 - 0 1988- 0 1998 - 0 1989 - 0 1999 - 0 : >. .. . 7. 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 will cause the assessments for the Improvements to be promptly levied so that the first installment will be collectible not later than 1981 and will take all steps necessary to assure prompt collection. 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 obligations issued hereunder, and for the final and valid levy of special assessments and the appropriation of any other funds needed to pay the obligations and interest thereon when due. (b) In the event of any current or anticipated deficiency in said grants, pledged funds, investment income or special 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 accurate books and records showing all receipts and disburse- ments in connection with the Improvements, the grants and pledged funds and any taxes levied and the 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 by qualified public accountants and will furnish copies of such audit reports to any interested person upon request. 8. The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of the Bonds and to the attorneys approving the same, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. . . J . . .' . . 9. It is hereby determined that not less than 20 per cent of the finally estimated cost of said improvement shall be assessed against property specially benefited thereby. It is expressly determined that the proceeds of special assessments and ad valorem taxes levied herein will provide at least 5 per cent in excess of the amount required to pay when due, all principal and interest on the bonds issued hereunder. 10. The City Clerk-Treasurer is hereby authorized and directed to file a certified copy of this Resolution with the County Auditor of Anoka County, together with such other information as he shall require and to obtain from said County Auditor a certificate that said bonds have been entered on his bond register. The motion for the adoption of the foregoing Resolution was duly made by , seconded by , and upon vote being taken thereon, the following voted in favor thereof: the following voted against same: whereupon said Resolution was declared duly passed and adopted. \ , ) , } C ITV OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R39-80 MOTION by Lachinski to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF BITUMINOUS STREETS FOR 138th AVENUE, XAVIS STREET AND EIDELWEISS STREET IN THE NORTH HALF OF SECTION 33, TOWNSHIP 32, RANGE 24 IN THE CITY OF ANDOVER WHEREAS, the City Council did on April 1, 1980, order a Feasibility Report for the improvement of bituminous streets for 138th Avenue, Xavis Street and Eidelweiss Street in the North Half of Section 33; and WHEREAS, the City Council did receive such feasibility study on the 1st day of April 1980; and WHEREAS, the City Engineer did declare the improvement to be feasible as proposed; and WHEREAS, a public hearing was scheduled for the 1st day of May, 1980; and WHEREAS, published and mailed notice was given pursuant to legal requirements;and WHEREAS, a public hearing was conducted on the 1st day of May, 1980. / NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the improvement of bituminous streets for 138th Avenue, Xavis Street and Eidelweiss Street in the North Half of Section 33, Township 32, Range 24. BE IT FURTHER RESOLVED to hereby direct the City Engineer to prepare final plans and specifications for such improvement. BE IT STILL FURTHER RESOLVED to inform those affected to delay the bidding on the 1980-1 Street Improvement until such time as final plans and specifications for this improvement are accepted, thereby allowing bidding for both street improvements to be at the same time, with the opinion that a joint bid will result in lower bid prices for both projects. MOTION seconded by Jacobson and adopted by the Andover City Council at a Regular Meeting this 1st day of May , 1980, by roll call vote as follows: Aye: Windschitl, Lachinski, Jacobson, Orttel, Peach Naye: None Absent: None CITY OF ANDOVER . ~ ¿,;, ~. ~_.p Jer y Wi dschitl - Mayor 0 u . ' ) ; . . : '\ EXTRACT OF MINUTES OF MEETING OF THE I ''---/' 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 of Andover on Tuesday, May 6, 1980, commencing at 7:30 o'clock p.m. ""-j , The following memb¿f/~¡ we:~ .~~~sent: , ' "" / / ~- . e . and the following were absent: ;_ c- -¡h'(-l\ ...,'(¡'\k ,,¡'rl(o·k " i'J The Mayor announced that the meeting was convened for the consider- ation of the bids which had been received for the purchase of $430,000 General Obligation Improvement Bonds of 1980, as advertised for sale. The City Clerk-Treasurer presented affidavits showing publication of notice of sale in the official newspaper and in Commercial West, a financial paper published in Minneapolis, Minnesota, which affidavits were examined and found satisfactory and ordered placed on file. The City Clerk-Treasurer presented the sealed bids which had been received prior to the time specified in the notice of sale, which were then opened and tabulated. The bids were as follows: " '\ - ) 0 / '\ U After due consideration of the bids, Councilmember (./~- (.~>:~~- () introduced the following resolution and moved its adoption: RESOLUTION NO. !-:J RESOLUTION AWARDING THE SALE OF $430,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980; 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, as follows: 1. The bid of to purchase $430,000 General Obligation Improvement Bonds of 198,0 , of the City described in the 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, such bid being to purchase such bonds at a price of $ plus accrued interest to date of delivery, such bonds to bear interest as follows: ~~ The sum of $ , being the amount bid in excess of $421,600, shall be credited to the bond sinking fund hereinafter created. The City Clerk-Treasurer is directed to retain the good faith check of the success- ful bidder pending completion of the sale and delivery of the bonds. The City Clerk-Treasurer is directed to return the checks of the unsuccessful bidders forthwith. 2. The City of Andover shall forthwith issue and sell its General Obligation Improvement Bonds of 1980 (the "Bonds"), in the prin- cipal amount of $430,000, dated June 1, 1980, the Bonds being 86 in number and numbered 1 to 86, both inclusive, in the denomination of $5,000 each, bearing interest as above set forth, all interest payable Febraury 1, 1981, and semiannually thereafter on Febraury 1 and August 1 in each year, and which Bonds mature serially on February 1 in the years and amounts as follows: í~,\ I , \.J 0 U / " YEAR AMOUNT YEAR AMOUNT (0 1982 $25,000 1987 $45,000 1983 30,000 1988 50,000 1984 30,000 1989 50,000 1985 35,000 1990 60,000 1986 40,000 1991 65,000 The Bonds of this issue maturing after February 1, 1988, are subject to prior redemption at the option of the City on said date and any interest payment date thereafter. Redemption may be in whole or in part and shall occur in inverse order of serial numbers except that if some but not all bonds of a single maturity date are called for prepayment, the specific bonds of said maturity to be prepaid shall be chosen by lot by the Paying Agent. Prepayment of bonds shall be at the price of accrued interest to date of redemption plus 102% of par if called in 1988, 101% of par if called in 1989, and par if called after 1989. 3. Both principal of and interest on the Bonds shall be payable at and the City of Andover shall pay the reasonable charges of said bank for its services as paying agent. 4. The Bonds and the interest coupons to be thereto,attached 0 shall be in substantially the following form: No. $5,000 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER GENERAL OBLIGATION IMPROVEMENT BOND OF 1980 KNOW ALL MEN BY THESE PRESENTS that the City of Andover, Anoka County, Minnesota, acknowledges itself to be indebted and, for value re- ceived, hereby promises to pay to bearer, out of its General Obligation Improvement Bonds of 1980 Fund, the sum of FIVE THOUSAND DOLLARS on the 1st day of February, 19 , and to pay interest thereon from the date hereof until the principal amount is paid at the rate of percent ( %) per annum, interest to maturity payable February 1 1981, and semiannually thereafter on the 1st day of February and the 1st day of August in each year in accordance with and upon presentation and surrender of the interest coupons hereto attached as they severally become due. Both principal of and interest on this bond are payable at the in any coin or currency of the United States of America which on the date of payment is legal tender for public and private debts. ~~ 0 Ü The Bonds of this issue maturing after February 1, 1988, are subject to ,-" prior redemption at the option of the City on said date and any interest U payment date thereafter. Redemption may be in whole or in part and shall occur in inverse order of serial numbers except that if some but not all bonds of a single maturity date are called for prepayment, the specific bonds of said maturity to be prepaid shall be chosen by lot by the Paying Agent. Prepayment of bonds shall be at the price of accrued interest to date of redemption plus 102% of par if called in 1988, 101% of par if called in 1989, and par if called after 1989. This bond is one of an issue of bonds in the total principal amount of $430,000, all of like date and tenor except as to maturity, interest rate, redemption privilege and serial number, all issued by the City for the purpose of providing money to defray the expenses incurred and to be incurred in making local improvements, pursuant to and in full con- formity 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 with- out limitation as to rate or amount. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to (J be done, to happen and to be performed precedent to and in the issuance of this bond have been done, have happened and have been performed in regular and due form, time and manner as required by law; and that this bond, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery does not exceed any constitutional or statutory limitation thereon. IN WITNESS WHEREOF, the the City of Andover, Anoka County, Minnesota, by its City Council, has caused this bond to be executed by the facsimile signature of the Mayor and the manual signature of the City Clerk-Treasurer and sealed with a facsimile of the corporate seal of the City and the interest coupons hereto attached to be executed and authenti- cated by the facsimile signatures of said officers, all as of June 1, 1980. (Facsimile) Mayor City ,Clerk-Treasurer (SEAL) (facsimile seal) ::J -----.---- - -._- ..- -- ---- ~ 0 () (Form of Coupon) 0 No. $ On the 1st day of February (August), 19__ , the City of Andover, Anoka County, Minnesota, will pay to bearer, out of its General Obligation Improvement Bonds of 1980 Fund at the the amount shown hereon for interest then due on its General Obligation Improvement Bond of 1980, dated June 1, 1980, No. (facsimile signature) Mayor (facsimile signature) City Clerk-Treasurer 5. The City Clerk-Treasurer shall obtain a copy of the proposed approving legal opinion of Messrs. LeFevere, Lefler, Pearson, O'Brien and Drawz of Minneapolis, Minnesota, which shall be complete except as to dating thereof and, shall cause said opinion to be printed on each Bond, together with a certificate to be signed by the facsimile signature of the City Clerk-Treasurer in substantially the following form: ~J I hereby certify that the foregoing is a full, true and correct copy of the legal opinion executed by the above named attorneys, except as to the dating thereof, which opinion has been handed to me for filing in my office prior to the time of bond delivery. (facsimile signature) City Clerk-Treasurer City of Andover, Minnesota The City 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. 6. The Bonds shall be executed on behalf of the City by the facsimile signature of the Mayor and the manual signature of the City Clerk-Treasurer, and the interest coupons shall be executed and authenti- cated by the printed facsimile signatures of the Mayor and City Clerk-Treasurer and the facsimile of the corporate seal of the City may, but need not be, printed thereon; provided, however, that the signatures of both the Mayor and the City Clerk-Treasurer may be facsimile signatures, duly authenticated by the manual signature of an officer of the , '\, Bank of hereby desig- \ ,¡ nated authenticating agent pursuant to Minnesota Statutes, Section 475.55, ~.-/ 0 U Subdivision 1, and, if the bonds are to be so executed and authenticated, (J the bond form set forth in paragraph 4 hereof shall be modified as follows: a) Substitute the following paragraph for the final paragraph of the bond: "IN WITNESS WHEREOF, the City of Andover, Anoka County, Minne- sota, by its City Council, has caused this bond to be executed by the facsimile signatures of its Mayor and City Clerk-Treasurer and with the facsimile of the corporate seal of the City imprinted thereon and the interest coupons hereto attached to be executed and authenticated by the facsimile signatures of said officers, except for the manual signature of its duly authorized Authen- ticating Agent on the reverse side of this bond, all as of June 1, 1980." b) Add the following on the reverse side of the bond: "This Bond is one of the Bonds of the series designated herein issued pursuant to the resolution authorizing its issuance and delivery." Bank of As Authenticating Agent ::) By Its Authorized Officer The Bonds when fully executed, shall be delivered by the City Clerk-Trea- surer to the purchaser thereof upon receipt of the purchase price, and the said purchaser shall not be obligated to see to the proper application thereof. 7. The Bonds shall be payable from the General Obligation Im- provement Bonds of 1980 Fund hereby created, and the proceeds of any general taxes hereafter levied and special assessments to be levied for the improvements (the "Improvements") financed by the Bonds are hereby pledged to said fund. If any payment of principal or interest on the Bonds shall become due when there is not sufficient money ,in said fund to pay the same, the City 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. 8. It is hereby determined that the estimated collections of special assessments for the payment of said bonds will produce at least 5% 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 reso- lution with the County Auditor of Anoka County and to obtain the certifi- ~J cate required by Minnesota Statutes, Section 475.63. - ---- ~ (J 0 9. 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 will cause the assessments for the Im- provements to be promptly levied so that the first install- ment will be collectible not later than 1981 and will take all steps necessary to assure prompt collection. 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 obligations issued hereunder, and for the final and valid levy of special assessments and the appropriation of any other funds needed to pay the obligations and interest thereon when due. (b) In the event of any current or anticipated defi- ciency in said grants, pledged funds, investment income or special assessments, the City Council will levy ad valorem taxes in the amount of said current or anticipated defi- ciency. (c) The City will keep complete and accurate books and records showing all receipts and disbursements in connection with the Improvements, the grants and pledged funds and any ~J taxes levied and the 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 by qualified public accountants and will furnish copies of such audit reports to any in- terested person upon request. 10. The officers of the City are hereby authorized and directed to prepare and furnish to the purchaser of the Bonds and to the attorneys approving the same, certified copies of proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other certificates, affidavits and transcripts as may be required to show the facts within their knowledge or as shown by the books and records in their custody and under their control, relating to the validity and marketability of the Bonds and such instruments, including any heretofore furnished, shall be deemed representations of the City as to the facts stated therein. II. The Mayor and City Clerk-Treasurer are hereby authorized and directed to certify that they have examined the official statement or prospectus prepared and circulated in connection with the issuance and sale (~ . (J (J , of the Bonds and that to the best of their knowledge and belief said state- " ment is a complete and accurate representation of the facts and represent- , \,_.J ations made therein as of the date of said official statement or prospectus as it relates to the City. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against: whereupon said resolution was declared duly passed and adopted. ,- ", \.J ,~- ~ \ . ~ , ~ . r-' C) U 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 May 6, 1980, 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 $430,000 General Obligation Improvement Bonds of 1980, of the City, WITNESS My hand as Clerk-Treasurer and the corporate seal of the City this day of , 1980. 0 City Clerk-Treasurer City of Andover, Minnesota (SEAL) . ') -./ -_._-~-_. . 0 r ) . "-., o i (l 1\ - l.j(,. ,\) \.J RESOLUTION REVOKING MUNICIPA L STA TE AID STREETS WHEREAS, it appears to the City Council of the City of Andover that the road hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota Laws; \ NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Andover that the road described as follows, to-wit: Extens ion of Hanson Boulevard, M. S. A. S. # 11 0, from the intersection of the existing Hanson Boulevard and County Road No. 116 north a long the west line of Sections 34 and 27 then angling northwest to the inters ection with Crosstown Boulevard, C. S. A. H. # 18, a 11 within the City of Andover, Anoka County, Minnesota, be, and hereby is, revoked as a 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 is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner / " of Highways for his consideration. \.~ ADOPTED , 19 . Mayor \. CER TIFICA TION I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved ,by e Cl Council of said Ct!y on , 19 - . City Clerk '\ City of Andover, \__J (SEA L) ( \ ,,--j CITY OF ANDOVER , -- J COUNTY OF ANOKA STATE OF MINNESOTA NO. 41-80 '\ ) MOTION by Councilperson Jacobson to adopt the following: A RESOLUTION APPROVING A VARIANCE TO CREATE A LEGAL PARCEL SPLITTING OFF ADDITIONAL FOOTAGE FROM ANOTHER PARCEL FOR .-A::-OSGAR, CARLSON AND KEITH E. BOULAIS. WHEREAS, ,the j)lùnning and Zoning Commission has reviewed the request of Ã~(Oscar Carlson and Keith E. Boulais to split off 230.35 feet by 791.87 feet from Plat 65904, Parcel 3600 to be added to the property located at 17845 Round Lake Boulevard to be described as the west 791.51 feet of that part of the West Half of Section 4, Township 32, Range 24, Anoka County, Minnesota lying south of the north 1512.08 feet thereof and lying north of the south 330.0 feet thereof, said measurements being made at right angles to the west, north, and south lines thereof; and WHEREAS, as a result of such review the Planning and Zoning Commission is recommending approval of the request; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being 1)the variance is in compliance with the ordinances of the City of Andover, 2)it complies with the intent of the Comprehensive Development Plan, and 3)it does not affect the health, safety, or welfare of the residents of the City; and \ WHEREAS, the City Council is in agreement with those reasons ) given by the Planning and Zoning Commission; and WHEREAS, the City Council further acknowledges that Metropolitan Council recommends the larger lot sizes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ¡;ndover to hereby approve the vari ance request of - ~,\:Al~..,Oscar Carlson and Keith E. Boulais to split off 230.35 feet by 791.87 feet from Plat 65904, Parcel 3600 to be added to the property located at 17845 Round Lake Boulevard, with such new parcel described as: The West 791.51 feet of that part of the West Half of the Northwest Quarter of Section 4, Township 32, Range 24, Anoka County, Minnesota, lying South of the North 1512.08 feet thereof and lying North of the South 330.0 feet thereof, said measurements being made at right angles to the West, North and South Lines thereof. Subject to County State Aid Highway No. 9 over the West 50 feet thereof. Subject to easements of record, if any. MOTION seconded by Councilperson Orttel and adopted by unanimous vote of the City Council at a Regular Meeting this 6th day of ~~ay , 1980. ) CITY OF ANDOVER ~ . (". 4__-&~ ry schitl - Mayor ( ') , \--/ CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA NO. R42-80 " ) A RESOLUTION DENYING THE SPECIAL USE PERMIT FOR WAYNE GERMUNDSON TO CONSTRUCT A DOUBLE UNIT IN JOHNSON'S OAKMOUNT TERRACE. WHEREAS~ Wayne Germundson has applied for a Special Use Permit to construct a double dwelling unit on Lot 11~ Block 1 and Lot 12~ Block 1 in Johnson1s Oakmount Terrace; and WHEREAS~ pursuant to notice published thereof~ the Planning and Zoning Commission has conducted a Public Hearing covering such request; and WHEREAS~ as a result of such Hearing and review~ the Planning and Zoning Commission is recommending denial of the request; and WHEREAS~ the Planning and Zoning Commission gives as reasons for such recommendation as being 1) there was considerable opposition at the Public Hearing as to this use on this particular piece of land~ 2)this proposed use is inconsistent with the surrounding area~ 3)this proposed use is not in conformance with Ordinance No. 8~ Section 7 for multiple use~ and 4)this property does not have sanitary sewer nor does it have public water;and WHEREAS~ the City Council is in agreement with those reasons cited by the Planning and Zoning Commission; and ~,J WHEREAS~ the City Council acknowledges Ordinance No 8 allows for a two-family home with a Special Use Permit in an area zoned Residential-4; and WHEREAS~ the City Council further acknowledges Ordinance No.8 requires sanitary sewer for all mu1tiple dwellings; and WHEREAS~ the City Council has been informed that the Building Inspector did advise Mr. Germundson that such Special Use ' ,mãy be allowed. NOW~ THEREFORE~ BE IT RESOLVED by the City Council of the City of Andover to hereby deny the request of Wayne Germundson for a Special Use Permit to construct two-family homes on Lot 11~ Block 1 and Lot 12~ Block 1 Johnson's Oakmount Terrace. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to refund the Permit Fee paid by Mr. Germundson~ noting incorrect information had been given to the applicant by City Staff. MOTION to approve the above Resolution made by Councilperson Lachinski , yand seconded by Councilperson Jacobson ~ and adopted by unanimous vote of the City Council at a Regular Meeting this 6th day of May ~ 1980. CITY OF ANDOVER AT ,--) ~~. ,- /~ ry W, sch, 1 - Mayor , u ' \ ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R43-80 \. / MOTION BY Councilperson Ortte 1 to adopt the following: A RESOLUTION DENYING THE PRELIMINARY PLAT OF GOOD RIDGE ACRES AS BEING DEVELOPED BY WALTER JOHNSON AND GLEN GEVING WHEREAS, Walter Johnson and Glen Geving have presented a preliminary plat of Good Ridge Acres to the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission has reviewed the preliminary plat; and WHEREAS, inasmuch as various matters have not been resolved by the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission has not made a recommendation to the City Council for approval or denial; and WHEREAS, the City Attorney has informed the City Council they must either approve or deny a preliminary plat not later than sixty (60) days following submission of the plat; and WHEREAS, this sixty day requirement for action is now demanding City Council action at this meeting; and \ ,) WHEREAS, the City Council is of the opinion that the Developers may not have been thoroughly informed of the State Statute requiring Council action within the sixty day period. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby deny the Preliminary Plat of Good Ridge Acres. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby waive filing fees for resubmission of the Plat if such resubmission is done by the Developer within sixty (60) days from the date of this resolution. Adopted by the City Council of the City of Andover by unanimous vote at a Regular Meeting this 6th day of ~1ay , 1980. CITY OF ANDOVER ATTEST: ~W=.. A, ¿~ ~ e y Wln hitl - Mayor I ) ./ ) u "-~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R44-80 \ --./ MOTION by Councilperson Lachinski to adopt the following: A RESOLUTION DENYING THE REQUEST OF KEITH HARSTAD FOR AN EXTENSION TO FILE THE FINAL PLAT OF OAKWOOD ESTATES. WHEREAS, the Preliminary Plat of Oakwood Estates received approval from the City Council on March 20, 1979; and WHEREAS, Ordinance No. 10, Section 11.01a requires a Final Plat must be filed within six months after approval of the preliminary plat unless an extension has been requested and approved; and WHEREAS, such extension was not requested by the Developer within the six-month period; and WHEREAS, several ordinance changes have been enacted during the past year; and WHEREAS, the City Council realizes time restrictions are necessary to assure compliance with all ordinances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby deny the request of Keith Harstad for an extension to file the Final Plat of Oakwood Estates inasmuch as the six-month filing \ provision pursuant to Ordinance No. 10, Section 11.01a expired five months \_J prior to Mr. Harstad's request for extension. MOTION seconded by Councilperson Jacobson and adopted by unanimous vote of the City Council this 6th day of May , 1980. CITY OF ANDOVER ATTEST: ~ t.r. · ,,- ,¿;,:¡:/ ry W dschiti - Mayor erk ~ \_-~ \ ~) <-) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R45-80 MOTION by Councilperson Orttel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF BITUMINOUS STREETS IN THE WEST HALF OF SECTION 17, TOWNSHIP 32, RANGE 24, AND THE AREA KNOWN AS ALLADIN ACRES IN SECTION 18, TOWNSHIP 32, RANGE 24. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to advertisement for bids as required by law, bids were received, opened and tabulated on Friday, March 14, 1980, 2:00 P.M. CST for the construction of bituminous streets in the West Half of Section 17-32-24 and the Alladin Acres Area in Section 18-32-24 with results as follows: Contractor Proposal #1 Proposal #2 Total Bid Thomas Montgomery $197,992.55 $31,534.85 $229,527.40 NOH 200,443.70 33,073.90 233,517.60 C.S. McCrossan 203,764.80 41,040.10 244,804.90 The Mayor and Clerk are hereby authorized to enter into a Contract with Thomas Montgomery Construction in the amount of $229,527.40 for the construction of bituminous streets in the West Half of Section 17-32-24 and the Alladin Acres Area in Section 18-32-24. The City Clerk is hereby directed to return to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a Contract has been signed but j no longer than sixty days. MOTION seconded by Councilperson Lachinski and adopted by the City Council at a Regular Meeting this ~~ day of May , 1980, with roll call vote as follows: Aye: Windschitl, Lachinski, Jacobson, Peach, Orttel Naye: None Absent: None CITY OF ANDOVER ATTEST: ~ t/; ~. ~¿.N ,//'-----~--......., / ( rry, lndschit - Mayor . u U ,:? ,/,..-, P'i ¡ ) - -" í- ",(' RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS "- 'J WHEREAS, it appears to the City Council of the City of Andover that the here- inafter described street should be designated a Municipal State Aid Street under the provis ions of Minnesota Laws of 1967 Chapter 162: NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of A ndover that the road described as follows, to-wit: Crosstown Boulevard from the intersection of Prairie Road (M.S.A.S. #101) to the intersection with C.S.A.H. #20, a distance of 0.5 miles. Said road section lying along the west line of Section 14, Township 32, Range 24 in the City of Andover, Anoka County, Minnesota, be, and herehy is established, located and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Highways of the State of Minnes ota. BE IT FUR THER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and , '. maintained as a Municipal State Aid Street of the City of Andover, to be numbered \J and known as Municipal State A id Street 101. ADOPTED May 6th 19~ Mayor \ CER TIFICA TION I hereby certify that the above is a true and correct copy of a Resolution duly passed, adopted and approved by the City Council of said City on 19 . - \ City, Clerk / ) City of Andover, (SEA L) . u ( \ . \J (7' I 'l; r) \ -'(:?.- ,; .~ RESOLUTION ~j WHEREAS, the County Board of the County of A noka did adopt a resolution on April 22, 1980, locating, establishing, designating and numbering the County State Aid Highway system of Anoka County, and WHEREAS, said resolution locates and establishes certain County State Aid ! Highways within the corporate limits of the City of Andover, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the res olutionadopted by the County Boa rd, a copy of which is attached hereto and made a part hereof, locating or establishing the County State Aid Highway system within the City limits, and revoking certain portions of said system, is in all things approved. ADOPTED , 1980. Ma yor / "ì \._~ CER TIFICA TION I hereby certify that the above is a true and correct copy of a reso lution duly passed, adopted and approved by the City Council of said'City on 19 . /----- - / 1 Y Clerk City of Andover (SEA L) I ~ '-j U CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA NO.R49-80 .J MOTION by Councilperson Peach to adopt the following: A RESOLUTION APPROVING PAYMENT OF $500.00 TO ROSARIA M. BOHME FOR EASEMENT REQUIRED FOR DRAINAGE AS A PART OF THE 1979-2 STREET IMPROVEMENT PROJECT. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Payment in the amount of $500.00 is hereby approved to Rosaria M. Bohme covering easement required for drainage as a part of the 1979-2 Street Improvement Project. BE IT FURTHER RESOLVED by the City Council of the City of Andover that such payment is settlement price and is $11.20 over the original offer made by the City. MOTION seconded by Councilperson Orttel and adopted by unanimous vote of the City Council at a Regular Meeting on the 6th day of t1ay , 1980. C!TY OF ANDOVER \ / ATTEST: ~V ~~_.¿;p en y W, öschitl - ayor Patricia K. Lindquist - City Clerk " / U CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA , NO. R50-80 ,-j MOTION by Councilperson Lachinski to adopt the following: A RESOLUTION APPROVING PROPOSED AMENDMENT TO STIPULATION FILED IN DISTRICT COURT RELATIVE TO LEGAL DESCRIPTION OF CEMETARY LOCATED IN SECTION 18, TOWNSHIP 32, RANGE 24, REGISTERED LAND SURVEY NO. 72. WHEREAS, certain property within the City of Andover was registered in a District Court Proceeding, Court File No. T-2398; and WHEREAS, such property is designated as a Cemetary in such District Court Proceedings; and WHEREAS, the City of Andover is desirous of preserving such Cemetary; and WHEREAS, a problem has ariænwith the legal description of such Cemetary property; and WHEREAS, the parties to the Stipulation covering such Cemetary have proposed a Stipulation to amend Stipulation in said District Court action which will resolve the aforementioned problem with the '\ legal description. "~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept such modification as proposed in said Stipulation to amend Stipulation. . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby authorize the Mayor and Clerk to execute said Stipulation to amend Stipulation. MOTION seconded by Councilperson Peach , and adopted by the City Council of the City of Andover at a Regular Meeting this 6th day of May , 1980, by roll call vote as follows: Aye: Windschitl, Jacobson, Orttel, Lachinski, Peach Naye: None Absent: None CITY OF ANDOVER ATTEST: - ) ¡ '-. r ... ./ ' ......,' ,); ,¡, ) -, , '-- _ ~ "<, , oJ/·-J / ~ Patricia K. Lindquist - City Clerk / / , \ U U CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA '. -~ NO. R52-80 MOTION by Councilman Peach to adopt the following: A RESOLUTION APPROVING THE PRELIMINARY PLAT OF ROLLING CREEK TRAILS AS PRESENTED BY MERILA-HANSON FOR ROBERT MACK. WHEREAS, pursuant to legal requirement the Planning and Zoning Commission conducted a public hearing on the Preliminary Plat of Rolling Creek Trails; and WHEREAS, after such hearing and review the Planning and Zoning Commission felt the need for additional changes to be made by the Developer; and WHEREAS, inasmuch as the 60-day requirement for Council action expired on May 6, 1980; the Plat was forwarded to the City Council without recommendation; and WHEREAS, because of numerous items requiring modification, the Council advised the Developer they would have to deny the Plat; and WHEREAS, the Developer requested action by delayed until May 20, 1980 to allow him time to make required modifications; and WHEREAS, such continuation was approved by the City Council with instructions to the Developer to meet jointly with the Park and Recreation '\ Commission and the City Council to make satisfactory determination on park ., / dedication, following by review with the Planning and Zoning Commission on the 13th day of May, 1980; and WHEREAS, the Developer complied with the requests of the City Council and returned on May 20th, 1980 with a recommendation for approval from the Planning and Zoning Commission; and WHEREAS, the Planning and Zoning Commission cited as reasons for such recommendation as being 1) the Plat has received approval from the Anoka County Highway Department, 2) TKDA has reviewed the Plat and recommends approval, 3) the Plat is subject to meeting the street standards of the City of Andover, 4) a public hearing was held and no opposition as to the intent of the Plat, 5)exceptions shall be granted, 6) a letter has been received from Coon Creek Watershed noting their approval, 7) the Park Commission has reviewed the Plat and has made a recommendation to the City Council for the dedication of 8.93 acres of land and the additional cash in lieu of land at the rate of $1,500 per acre, 8)the Plat is consistent with the City's Comprehensive Plan and meets the basic intent and application of its ordinances, and 9)all lots will front on interior streets and they should not front on Andover Boulevard; and WHEREAS, the City Council is agreement with those reasons stated by the Planning and Zoning Commission; and " WHEREAS, the City Council voices objection to those lots whose depths .) will allow residential construction a maximum of 240' from the Burlington- Northern Railway Lines but acknowledges this is not in violation of ordinance. \ U U NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of '\ Andover to hereby approve the Preliminary Plat of Rolling Creek Trails. '- _.J BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby approve the following exceptions: 1. Zilla Court - Length of cul de sac street. Reason: Without such exception, one lot would require access onto Andover Blvd. 2. Lot 12, Block 5 - Frontage. Reason: The short side of the lot fronts on Andover Boulevard, frontage must be on Vale Street. 3. Lot 12, Block 5 - Depth. Reason: Topography-minimum depth is 1451 rather than the required 1501. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby accept Lots 1, 2, and 3 of Block 5; and a 200+foot wide strip extending to the Creek as a part of Lot 3, Block 5 as parkland, with the balance; of dedication to be in the form of cash at $1,500.00 per acre.for a total of $7200. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover that Final Plat,approval shall be contingent on proof of acceptable water quality to be provided by the developer. MOTION seconded by Councilperson Lachinski and adopted by unanimous vote of the City Council at a Regular Meeting this 20th day of May , 1980. ,) CITY OF ANDOVER ~ lI~u¿¡z/ ry W' dschitl - Mayor \ ) u u CITY OF ANDOVER COUNTY OF ANOKA \ STATE OF MINNESOTA 1 '\. ./ NO. R53-80 MOTION by Councilman Peach to adopt the following: A RESOLUTION APPROVING A VARIANCE FOR DONALD PETERSON TO CONSTRUCT AN ACCESSORY BUILDING ON PARCEL 4810, PLAT 65914 WHEREAS, Mr. Peterson desires to construct an accessory building on his property located at 1374 - 161st Avenue NW; and WHEREAS, the principal structure on this property is an earth sheltered home; and WHEREAS, the accessory building would not comply with the requirements of Ordinance 8, Section 4.05 relating to height; and WHEREAS, the Planning and Zoning Commission has reviewed such request and is recommending approval noting 1) it makes reasonable use of the land, and 2)it will not adversely affect the existing or potential use of the adjacent prop~rty; and WHŒEPS, the CitY' Counci 1 is in agre€rrH.t with thosE. rEascns '\ cited by the Plannir,g and Zoning Comrr.ission. '_.-J NOW, THEREFORE, BE IT RESCLVED by the City Council of the City of Andover to hereby approve the variance request cf Donald Peterson to construct an accessory building exceeding the height of the principal structure on Plat 65914, Parcel 4e10. MOTION seconded by Councilperson Orttel and adopted by the City Council at a Regular Meeting this 20th 'day of May , 1980. CITY OF ANDOVER ATTEST: ~ W .~&.~ Je y Wi dschitl - Mayor \ , \, - ) CJ CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA , ') NO. R54-80 \. ../ MOTION by Councilperson Peach to adopt the following: A RESOLUTION ACCEPTING FINAL PLANS FOR THE IMPROVEMENT OF BITUMINOUS STREETS FOR 138TH AVENUE, XAVIS STREET AND EIDELWEISS STREET IN THE NORTH HALF OF SECTION 33, TOWNSHIP 32, RANGE 24. WHEREAS, the City Council did on the 1st day of May, 1980, direct the City Engineer to prepare Final Plans and Specifications for the improvement of bituminous streets for 138th Avenue, Xavis Street and Eidelweiss Street in the North Half of Section 33; and WHEREAS, the City Council has received such Final Plans and Spec ifi ca t ions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept such Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to advertise for public bids for the improvement of bituminous streets for 138th Avenue, Xavis Street and Eidelweiss Street in the North Half of Section 33, Township 32, Range 24, with such bids to be opened at 2:30 P.M. (COST), June 13, 1980, at the Andover City Hall. \ I '. ../ MOTION seconded by Councilperson Lachinski and adopted by the City Council at a Regular Meeting this 20th day of May , 1980, by roll call vote as follows: Aye: Windschitl, Peach, Lachinski, Orttel Naye: None Absent: Jacobson CITY OF ANDOVER A TTESI:--\ ~ W:-' ~) ery W· dschitl - Mayor ~J eJ " ') \J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , \ I NO. R54A-80 / MOTION by Councilperson Peach to adopt the following: A RESOLUTION ACCEPTING FINAL PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF BITUMINOUS STREETS FOR 133RD AVENUE, 134TH AVENUE, 135TH AVENUE, GLADIOLA STREET AND EIDELWEISS STREET IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 32, RANGE 24. WHEREAS, the City Council did on the 20th day of March , 1980 order the City Engineer to prepare Final Plans and Specifications for the improvement of bituminous streets for 133rd Avenue, 134th Avenue, 135th Avenue, Gladiola Street and Eidelweiss Street in the East Half of Section 33-32-24; and WHEREAS, the City Council has received and reviewed such Final Plans and Specifications. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept such Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to advertise for public bids for the improvement of bituminous streets for 133rd Avenue, 134th Avenue, 135th Avenue, Gladiola Street ,-) and Eidelweiss Street in the East Half of Section 33-32-24, with such bids to be opened at 2:00 P.M., June 13th, 1980, at the Andover City Hall. MOTION seconded by Councilperson Lachinski and adopted by the City Council at a Regular Meeting this 20th day of May , 1980, by roll call vote as follows: Aye: Windschitl, Lachinski, Peach Naye: None Absent:Jacobson Present, but not voting: Orttel (affected by improvement) C ITV OF ANDOVER ATTEST: ~ ~J' a.._/$ J ry Wi schitl - Mayor \ .J , \ (,,j , ì ,--J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " '---) NO. R55-80 MOTION by Councilperson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND ORDERING PUBLIC HEARING FOR THE IMPROVEMENT OF BITUMINOUS STREET FOR EIDELWEISS STREET NORTHWEST FROM 135TH LANE NORTHWEST NORTH APPROXIMATELY 320 FEET TO ITS TERMINATION WHEREAS, the City Council was made aware this street has been maintained by the City in excess of six years; and WHEREAS, it was not included in abutting improvement projects for street improvement; and WHEREAS, it is in the opinion of the Council to be considered for improvement; and WHEREAS, the City Engineer did include it in the feasibility study prepared under Improvement Project 1980-2; and WHEREAS, such study does indicate the improvement to be feasible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the '\ City of Andover to hereby accept the feasibility report as presented by \ ) Toltz, King, Duvall, Anderson & Associates, Inc.. -- BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby set a Public Hearing to receive testimony for the improvement of bituminous streets for Eidelweiss Street Northwest from 135th Lane North approximately 320 feet to its termination for Tuesday, June 3, 1980, 7:30 P.M. (CDST), at the Andover City Hall; and direct the City Clerk to give published and mailed notice to affected residents. MOTION seconded by Councilperson and adopted by the City Council at a Regular Meeting the 20th day of May , 1980, by roll call vote as follows: Aye: Windschitl, Lachinski, Orttel, Peach Naye: None Absent: Jacobson CITY OF ANDOVER ATTEST~ ~W·~ " \ í J ry W ndschitl - Mayor , ) U l) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ''\ 'J NO. R57-80 MOTION by Councilperson Orttel to adopt the following: A RESOLUTION ACCEPTING FINAL PLANS AND SPECIFICATION FOR THE CONSTRUCTION OF THE SOUTH COON CREEK DRIVE APPROACH. WHEREAS, the City Council has directed the City Engineer to prepare Final Plans and Specifications for the construction of the bridge approach on South Coon Creek Drive; and WHEREAS, the City Engineer has presented such Plans pursuant to MSAH Standards. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept Final Plans and Specifications for the construction of the South Coon Creek Drive approach. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to advertise for public bids pursuant to law to be opened on the 13th day of June, 1980, 2:00 P.M. (CDST). MOTION seconded by Councilperson Peach and adopted by unanimous vote / \ \_~ of the Andover City Council on this 20th day of May , 1980. C ITV OF ANDOVER ATTESi:~~-" ~w,' f.._~ ry W· dschltl - Mayor " __J -~ '\ U (~ CITY OF ANDOVER COUNTY OF ANOKA \ STATE OF MINNESOTA \ , ,~ NO. R56-80 MOTION by Councilperson Orttel to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND SETTING DATE FOR PUBLIC HEARING FOR THE IMPROVEMENTS OF SANITARY SEWER, STREETS, AND/OR WATER FOR THE SOUTHWEST AREA INCLUDING PARTS OF SECTIONS 29-32-24 AND 32-32-24. WHEREAS, the City Council did on the 1st day of April, 1980, order a feasibility study for the improvements of sanitary sewer, streets, and/or water for the Southwest Area including parts of Section 29-32-24 and Section 32-32-24; and WHEREAS, as a result of petitions received and testimony at an informational hearing on the 29th day of April, 1980, the City Council did on the 29th day of April, 1980, request the City Engineer to prepare a more deta il ed feas i b il ity study; and WHEREAS, such study was received by the City Council on the 20th day of May, 1980, showing the proposed improvements to be feasible. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the Feasibility Report as prepared by Toltz, King, Duvall, Anderson & Associates for sanitary sewer, streets, storm sewers, and/or / , water for the Southwest Area including parts of Section 32-32-24 and Section \ ) 29-32-24. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby set a public hearing for 7:30 P.M. (COST), Monday, June 9, 1980, at the Andover City Hall; and direct the City Clerk to publish notice of such hearing and mail notice to affected property owners pursuant to law. MOTION seconded by Councilperson Lachinski and adopted by the City Council at a Regular Meeting the 20th day of May , 1980, by roll call vote as follows: Aye: Windschitl, Lachinski, Orttel, Peach Naye: None Absent: Jacobson CITY OF ANDOVER ~~·tLþZ/ ry 1 schit -"Mayor "\ ) ') . RESOLUTION NO. 57~80 RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DO~1AIN WHEREAS, the City Council has heretofore determined that the City of Andover, Minnesota, should construct an extension to Hanson Boulevard between Bunker Lake Boulevard and Andover Boulevard as a street for vehicles and use for utility line installation; and ~VHEREAS , negotiations with certain of the property owners along the proposed street and utility easement have been unsuccessful; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA, Aþ FOLLOWS: l. Acquisition by the City of a street and utility easement over the following described property is necessary for the purpose of construction of roadway and utility improvements. Parcel l. The West 150 feet of the Southwest Quarter of the Northwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota. Parcel 2. The East 125 feet of the Northeast Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. Parcel 3. The East 125 feet of the Southeast Quarter of the Southeast Quarter of Section 27, Township 32, Range 24, Anoka County, Hinnesota. Parcel 4. The West 25 feet of the Northwest Quarter of the Korthwest QUùrter of Section 33, Township 32, Range 24, Anoka County, Minnesota. Parcel 5. The East 125 feet of the Northeast Quarter of the Southeast Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota. 2. The City Attorney is authorized and directed on behalf of the City to acquire a street and utility easement -- . over, across and under the above described property 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 purposes of this resolution. Adopted by the City Council this cX'tJtt:' day of '-117 ~1--- , 1980. fh ~. L - /-l~ Mayor , f , \ C_) U CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA -J NO. R58-80 MOTION by Councilperson Lachinski to adopt the following: A RESOLUTION REQUESTING ANOKA COUNTY TO TEST ADDITIONAL WELLS IN THE AREA OF THOSE WELLS TESTED AS COVERED BY TWIN CITY TESTING REPORT DATED THE 8TH DAY OF MAY, 1980. WHEREAS, the City of Andover has received laboratory reports on wells tested in the area of suspected hazardous wastes; and WHEREAS, the findings in two of the wells indicate a pollution result; and WHEREAS, the City Council is concerned about such results being indicative of additional wells in the immediate area being contaminated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby request Anoka County to engage the services of Twin City Testing Company to perform tests such as those covered in the report of May 8, 1980, on other wells located in close proximity to those previously tested in which contaminants were found. '-. MOTION seconded by Councilperson Ortte 1 and adopted by the City Council '--) at a Regular Meeting this 20th day of May , 1980, by roll call vote as follows: Aye: Windschitl, Lachinski, Orttel, Peach Naye: None Absent: Jacobson CITY OF ANDOVER ATT~ ~ ~#.¿a.I / ( I J ry ndschlt - Mayor , ~/ \. 1 CITY OF ANDOVER \, , '-J . , ) COUNTY OF ANOKA STATE OF MINNESOTA \ NO. R 60-80 \ ) A RESOLUTION AMENDING RESOLUTION NO. 24-6, A RESOLUTION ESTABLISHING PERMIT FEES AND SERVICE CHARGES TO BE COLLECTED BY THE CITY OF ANDOVER. WHEREAS, increased administrative costs necessitate a change in the fee schedule adopted by Resolution No. 2406; and WHEREAS, specific permits and fees are necessary to insure compliance with City Ordinances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby establish the following: Permit Fees a. Certificates of Occupancy $ 4.00 b. Plan Check (Single Family) 20.00 c. Heating Installation 15.00 d. Air Conditioning Installation 10.00 e. Plumbing Installations (per fixture) 3.00 (minimum fee) 10.00 f. On-Site Septic System Installation 25.00 g. Sanitary Sewer Installations 25.00 h. Septic System Pumping 2.50 i . Well Installation 15.00 \ j. Agri-Buildings 5.00 , J (The above fees shall apply to repairs and alterations as well as installations.) Service Charges a. Special Assessment Search $ 5.00 b. City Map 1.00 c. Notary 1.00 d. Xerox Copies (per sheet) 20 e. Ordinance Copies (per sheet) 20 (Zoning Ordinance) 1.50 (Subd. Ordinance) 1.00 f. FHA/GI Certifications 2.00 g. FHA/GI Reports 25.00 i. Wage Assignments 2.00 j. Community Center Rental 25.00 (plus $10.00 deposit) k. Operation 1.0. Tags 2/25¢ All other fees shall be as established by City Ordinance or Uniform Building Code. Adopted by the City Council of the City of Andover this 20th day of Mav , 1980. ) CITY OF ANDOVER A~ I ~ . ~. '..r..P er i ndrfh 1 t - ~1ayor CJ L) I CITY OF ANDOVER COUNTY OF ANOKA DEFEATED STATE OF MINNESOTA \ NO. R 61-80 ) MOTION by Councilperson ,lacobson to adopt the following: A RESOLUTION APPROVING THE PRELl MINARY PLAT OF HAWK RIDGE EAST AS BEING DEVELOPED BY LAWRENCE B. CARLSON. WHEREAS, the Planning and Zoning Commission has conducted a public hearing and reviewed the Preliminary Plat of Hawk Ridge East; and WHEREAS, as a result the Planning and Zoning Commission is recommending approval of the Plat for the following reasons: 1)the City Engineer has reviewed the Plat and is recommending approval, 2)the Plat has received approval from the Anoka County Highway Department, 3)the Plat is subject to meeting the road standards of the City of Andover, 4)no opposition to the Plat was voiced at the Public Hearing, 5) it is understood that all lots fronting on County Roads shall have access by way of interior streets; and the final plat will dedicate the restricted access along county roads, 6)the Plat is consistent with the Comprehensive Development Plan and ordinances of the City, and 7)the Plat has been submitted to the Township of Oak Grove and faìVor--abh:'A recei ved; and comment WHEREAS, the City Council is in agreement with those reasons for approval given by the Planning and Zoning Commission; and WHEREAS, the Park & Recreation Commission has reviewed; the Plat and \ has agreed to accept cash in lieu of land in the amount of $9,680.85; and '- -) WHEREAS, the City Council is in agreement with the recommendation made by the Park and Recreation Commission to accept cash in lieu of land for parkland dedication; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Hawk Ridge East as being developed by Lawrence B. Carlson. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby approve the following exceptions within th~ Plat: 1. The approximate 40 acres of contiguous property being retained and not platted by the developer-this is primarily low land and not suitable nor feasible for platting. 2. Lot 4, Block 3 does not meet the requirement of 300 feet setback at the tangent line of the Osage Court cul de sac-the size of the lot is adequate to permit choice of building site. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby accept cash in lieu of land for park dedication. MOTION seconded by Councilperson Orttel , and defeated by a vote of 4 naye '\ 1 aye at a Regular Council Meeting this 3rd day of "June , 1980. ) ATTEST: ~ r¡~ Patricia K. Lindquist - City Clerk n --~Ch tl _ Mayor U CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA r '\ NO. R 62-80 j MOTION BY Counc il person .lñ~ohc::;nn to adopt the following: A RESOLUTION APPROVING THE VARIANCE REQUEST OF JONATHAN KELLER TO CONSTRUCT A GARAGE CLOSER TO THE FRONT LOT LINE THAN THE PRINCIPLE STRUCTURE WHEREAS; County construction and widening of CSAH No. 9 is creating the need for relocation of an existing garage on Parcel 45~ Plat 65920; and WHEREAS, topography of the land allows no location on the property for a garage to be constructed in compliance with Ordinance No.8, Section 4.05(F); and WHEREAS, Mr~ Keller has requested a variance from the aforementioned Ordinance No.8; and WHEREAS, the Planning and Zoning Commission has reviewed the request of Mr. Keller; and WHEREAS, the Planning and Zoning Commission is recommending approval of the request for the following reasons: 1) due to the lay of the land a hardship is created, 2) this is reasonable use of the land, 3) it will not adversely affect the adjacent land, and 4) the variance is required because the County Highway Department is taking Mr. Keller's present garage for the realignment of Round Lake Boulevard; and \J WHEREAS, the City Council is in agreement with those 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 variance request of Jonathan Keller to construct a garage nearer the front lot line than the principle structure as required in Ordinance No.8, Section 4.05(F). BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby require such construction to meet all other requirements of the building code and zoning ordinances of the City. MOTION seconded by Councilperson Or UP' and adopted by the City Council of the City of Andover at a Regular Meeting this 3rn day of ,'lInp , 1980 by roll call vote as follows: Aye: Windschitl, Lachinski, Jacobson, Orttel, Peach Naye: None CITY OF ANDOVER ATTEST: ~-y ~~ '\ \J er. y. In chit - Mayor Patricia K. Lindquist - City Clerk / \ U U CITY OF ANDOVER COUNTY OF ANOKA $TATE OF MINNESOTA NO. R 63-80 ~ / MOTION by Councilperson I ~('hif'l<;k; to adopt the following: A RESOLUTION APPROVING THE AMENDED SPECIAL USE PERMIT FOR MEADOWCREEK CHRISTIAN DAY SCHOOL TO ENROLL UP TO 382 STUDENTS. WHEREAS, pursuant to advertisement the Planning and Zoning Commission has conducted a public hearing for the Special Use Permit to increase enrollment up to 300 students at the Meadowcreek Christian Dayschool; and WHEREAS, as a result of such Hearing and further review the Planning and Zoning Commission is recommending approval of the request and cites as reasons: l)a public hearing was held and the only opposition noted was that of dust from the soccer field of the School, 2) the use will not adversely affect the values of the adjoining property or other scenic views, 3) the use does not affect the intent of the Comprehensive Development Plan, and 4) it does not adversely affect the health, safety, morals or general welfare of the community; and WHEREAS, the City Council is in agreement with those reasons cited by the Planning and Zoning Commission; and WHEREAS, the City Council is of the opinion such increased enrollment will not create an immediate need for additional structures on the property. \_J NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Amended Special Use Permit for Meadowcreek Christian Dayschool to increase enrollment to 332 full:"'Hme equivalent students. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby make such approval contingent upon the payment of $8~125 in additional connection charges to cover such added enrollment. MOTION seconded by Councilperson Orttel and adopted by the City Council of the City of Andover at a Regular Meeting this 3rd day of June , 1980, by roll call vote as follows: Aye: Windschitl, Lachinski, Jacobson, Orttel, Peach Naye: None Absent: None CITY OF ANDOVER ATTEST: ¡~;Ch~ ~ ~ \ Patricia K. Lindquist - City Clerk \~ CJ CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA NO. R 64-80 '--J MOTION by Councilperson Peach to adopt the following: A RESOLUTION APPROVING A LOT SPLIT OF PLAT 65933, PARCEL 4730 AS REQUESTED BY NORMAN VALENTINE. WHEREAS, the Planning and Zoning Commission has reviewed the lot split request of Norman Valentine for Plat 65933, Parcel 4730; and WHEREAS, as a resùlt of such review the Planning and Zoning Commission is recommending approval, citing as reasons for such recommendation as being 1) all the neces~ary provisions of the Lot Split Ordinance, No. 40 have been met, 2) it is in conformance with the City1s Comprehensive Development Plan, 3) it does not interfere with orderly planning, 4) it is not contrary to the public interest, 5)it does not nullify the ordinances of the City, 6)denial of the division would cause a hardship for the owner due to improvement assessments on the property; and WHEREAS, the City Council is in agreement with those reasons stated by the Planning and Zoning Commission; and WHEREAS, the City Council realizes the Lot Split Ordinance was originated to allow divisions of property when assessments become burdensome; and \ WHEREAS, the City Council did on May 1 approve the concept of rezoning \- ) this property to Residential-4; and WHEREAS, the City Council is aware that no park dedication has been given nor paid for Plat 65933, Parcel 4730. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Lot Split request of Norman Valentine for Plat 65933, Parcel 4730 into two separate parcels pursuant to the attached Exhibit A. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby require the property owner to pay $200.00 as park dedication fees. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby require ' , a drainage easement over the northerly ten (101) feet of the property. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby declare such approval to be contingent on the zoning of the property to Residential-4 . MOTION seconded by Councilperson Lachinski and adopted by the City Council at a Regular Meeting this 3rd day of .J II n e , 1980, by unanimous vote. \ C ITV OF ANDOVER \'.~ ATTEST: --~ ~ /tJ~ e ~dschitl - Mayor U CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA NO. R 65-80 , j MOTION by Councilperson Orttel to adopt the following: A RESOLUTION DECLARING ADEQUATE A PETITION RECEIVED FROM PROPERTY OWNERS ABUTTING 172ND LANE NORTHWEST. WHEREAS, the City Council has received a petition requesting the improvement of bituminous streets for 172nd Lane Northwest; and WHEREAS, such petition contains the signatures of owners of at least 35% of the property abutting such street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby declare adequate the petition received from affected property owners abutting 172nd Lane Northwest in the area known as Cedar Crest Estates Second Addition. MOTION seconded by Councilperson Peach , and adopted by the City Council of the City of Andover at a Regular Meeting this 3rd day of June , 1980, by vote as follows: Aye: Windschitl, Jacobson, Lachinski, Orttel, Peach , , Naye: None '. ) Absent: None CITY OF ANDOVER ATTEST: "L)'h.~ Patricia K. Lindquist - City Clerk . ry Wi schltl - Mayor' \ J '. , U CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA \ , ) NO. R66A-80 A RESOLUTION ORDERING THE IMPROVEMENT OF SANITARY SEWERS, PUBLIC WATER FACILITIES, BITUMINOUS STREETS, AND STORM SEWERS IN THOSE PARTS OF SECTION 29-32-24 AND SECTION 32-32-24. WHEREAS, the City Council did receive a feasibility report from Toltz, King, Duvall, Anderson & Associates for the improvement of sanitary sewers, public water facilities, bituminous streets and storm sewers for those parts of Section 29-32-24 and Section 32-32-24; and WHEREAS, such report declared the proposed improvements to be feasible; and WHEREAS, a public hearing was scheduled for the 9th day of June, 1980; and WHEREAS, notice of such meeting was published and sent to affected property owners pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, such public hearing was conducted with testimony accepted from those persons desiring to do so; and ,) WHEREAS, as a result of such testimony and review the following motions dealing specifically with each area within Section 29-32-24 and Section 32-32-24 were made: MOTION by Councilperson Peach , seconded by Councilperson Lachinski to hereby order the improvement of sanitary sewer, bituminous streets and storm sewers for the area known as Chapman's Additions, and those properties in Section 32-32-24, described as the northerly 350 feet more or less of the Northwest Quarter of the Southeast Quarter of Section 32. MOTION by Councilperson Peach , seconded by Councilperson Orttel to hereby order sanitary sewer and storm sewer improvements for the area being platted as Woodland Terrace, Weiss Addition and any other unplatted areas in the Southeast Quarter of Section 32-32-24; and construction of the frontage road along the northerly portion of the Woodland Terrace Plat, Assemblies of God Church property, those properties abutting Bunker Lake Boulevard and owned by R. Chapman and L. Boehlan~. MOTION by Councilperson Lachinski , seconded by Councilperson Orttel to hereby order the improvement of sanitary sewer, streets and storm sewers for the area between Underclift Street and Round Lake Boulevard, and Bunker Lake Boulevard and 139th Avenue. ~ MOTION by Councilperson Orttel , seconded by Councilperson Peach to hereby order the improvement of sanitary sewer, public water facilities, streets and storm sewers according to City Standards for the West Half of ) the Northeast Quarter of Section 32-32-24. MOTION by Councilperson Lachinski, seconded by Counciperson Peach to hereby order the improvement of sanitary sewers, streets and storm sewers for the area known as Quickstrom Addition. ( ~ \. I . Resolution No. 66A-80~ _/ Page 2 f '\ '_/ MOTION by Councilperson Peach , seconded by Councilperson Orttel to hereby order the improvement of sanitary sewer and streets in the area known as Auditor's Subdivision No. 82. MOTION by Councilperson Lachinski , seconded by Councilperson Peach to hereby order the improvement of sanitary sewer for the unplatted areas of the Southeast Quarter of the Southwest Quarter of Section 29-32-24, and the West Half of the Southeast Quarter, south of South Coon Creek Drive, excepting Parcels 7810, 8010, 8025, 8020, 8065, 8070, 8220; and the North Half of Section 32- 32-24. MOTION by Councilperson Jacobson , seconded by Councilperson Peach to hereby direct Toltz, King, Duvall, Anderson & Associates to prepare final plans and specifications for the above improvements in the Southwest Area (Improvement Project No. 1980-3). Adopted by the City Council of the City of Andover at a Special Meeting, this 9th day of June , 1980, with all Councilpersons in attendance and voting. Ro 11 Call vote: Aye: Windschitl, Jacobson, Orttel, Lachinski, Peach Naye: None \ , i C ITV OF ANDOVER ATTEST: ~ -<, (,..J. £ $:<.d/ Je y Winds itl - Mayor ) ,-,- CITY OF ANDOVER COUNTY OF ANOKA r STATE OF MINNESOTA ,~ NO. R 6~80 MOTION by Councilperson Peach to adopt the following: A RESOLUTION ESTABLISHING A CITIZEN ADVISORY BOARD FOR THE PURPOSE OF REVIEWING AND ADVISING THE CITY COUNCIL ON THE ASPECTS OF FRANCHISING A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF ANDOVER. WHEREAS, th~ City Council of the City of Andover is the official governing body of the City of Andover empowered to provide for the public health, safety and welfare of its citizens; and WHEREAS, the City Council recognizes the need for a citizen advisory body to inform the ,Council on certain matters relating to franchising a cable communications system within the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby establish a Citizen Advisory Commission pursuant to the following pOlicy: 1. The Commission shall be named the Cable Communications Advisory Commission, and shall be established to advise the City Council in relation to certain aspects of franchising a cable communications system within the City of Andover. 2. The Commission shall be composed of members. The term of the '--./ appointments shall be the length of the franchising operation. 3. The the Commission shall be composed of members who shall be residents of the City of Andover and which shall include the following: a. representãtives from minority groups within the City, b. women, c. an educator, and d. a student. It shall be within the City Council's discretion to determine the qualifications for inclusion in the aforementioned categories. 4. The members shall serve without compensation and may be removed from office at any time by the City Council. 5. The Commission shall research federal and state rules and regulations relating to cable communication. . 6. Familiarize themselves with current and potential services being offered by cable communication companies. < 'I II 7. ¡¡Assess communication needs in the City of Andover ,:1 8. !IRecommend to the City Counci 1 if a need has been determined, "J ¡¡to proceed with the franchising process. The recommendation I;from the Commission may be in the form of an invitation for ~applications for the franchise. ,. j, 9. The Commission shall be advisory to and subject to the direction and control of the City Council; however, the Commission may establish its own rules and regulations guiding the conduct and operation of the Commission and its members within its reponsibilities and charge. 10. The Commission shall record the minutes of each meeting which shall be filed in the office of the City Clerk and shall be delivered to the Mayor and City Council. MOTION seconded by Councilperson Or He 1 and adopted by the City Council at , \ a Regular Meeting this 1rrl day of June , 1980, by unanimous vote. ì J - -------- ATTEST: -~ ~ (µ~~ J y Wi schitl - Mayor erk . C) ! U t, . ... MN/DOT 30182{Revised 10/79) ) RESOLUTION .. WHEREAS, plans for Project No. S.A.P. 02-609-03 showing proposed alignment, profiles, grades and cross-sections' for the construction, reconstruction or improvement of County State-Aid Highway No. g within the limits of the City as a ~ (State) ~ Aid Project ~ve b~en prepared and presented to the City. NOW, THEREFORE, :BE IT RESOLVED: That said plans be in all things approved. Dated this qt}¿ , day of lJ~ , 19 80 . '\ / '--~ CERTIFICATION State of Minnesota County of Anoka ~ City of Andover '- I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Andover, at a meeting thereof . held in the City of Andover, , Minnesota, on the CJ tL day of '~ . 19 80 . < as disclosed by the records f said City in my possession. ~~' . l~ j ~/, ..- ~. ~µ.M/jJ / '-~~ ~ / j ... ./ I ) (Seal) . " . . - ~ . ." J\GIŒ!1.l1J{j' , BY & BETWEEN TIlE CITY OF ANIXJVEH . AND TIIE CDUNTY OF Ar'DKA, DEPAIilllliNf OF HIGHWAYS S.A.P. 02-609-03 - , -) , This Agreancnt made and entered into this c¡ -t;;L day of4~ 1980, by and between the County of Anoka, State of Uinnesota, ~einafter referred to as the County; and the City of Andover, State of ~' esota, . .acting by and through its City Council, hereiriafter refeITed to as City, WITNESSETH: , WHEIlEAS, the County has undertaken a project to improve a portion , of C.S.A.H. #9 (Round . Lake Blvd.) fran C.R. #116 (Bunker Lake Rd.) to C.S.A.H. #20 (East Bound); and, i I WIIEfŒAS, The County Highway Dep~nt prepared Plans and Specifications I I I for S.A.P. 02-600-03, which plans and specifications are dated the I day of , 1980, and which are on file in the office of the County Engineer; and, WHEREAS, said project, am::mg other things, contains provisions for the drainage of stonn water; and, WHEREAS, at the present t:iIæ, the City is V>9rldng with a private developer on development of a commercial site located Northeasterly of the intersection of C.S.A.H. #9 and C.R. #116; and, , - WHEREAS, the City is desirous of accarnxxiating this developœnt drainage through the same planned drainage facilities by the ræthod of oversizing; and, 'WHEREAS, the City bas requested the County to incorporate future utility crossings as part of this project; and, WHEREAS, standard County policy is to require City participation on all signalization projects; and, WHEREAS, signalization of the intersection of C.S.A.H. #9 and C.R. #116 is part of the plans. row THEREFORE, IT IS MillALLY stipulated and agreed: (1) The County, in accordance with the Plans and Specifications dated and on file as stated, shall be responsible for the making of said irnprovaœnts I in accordance with the said aforaœntioned plans and specifications including the drainage structures, utility crossmgs and signal installation in addition to other road v.Drk all as covered by the plans and specification. In the event that any changes in plans or specifications are necessitated by changes in the material circumstances of the project, ár by requests for changes by the State of Minnesota, or any Federal Agency, or by changes necessitated by the bidding process for the construction andrelocat10n contract, the City shall review any such proposed changes and sballnot unreasonably wi thbold its consent fran any such proposed changes. (2) It is understcx:xl and agreed th~ City shall be liable ,for an Engineerin! - Cost of fYfo of their portion of the Contràct. (3) The estimated construction cost of the project is $1.2 million. Participating items are as follows. Estimates only, final billing will be based on actual costs: i The estimated cost of the signal is $80,000.00. The County's share will be i 5œb ($40,000.00). The City's share, on the basis of contributing intersection legs within City boundaries, will be 37.5% ($30,000.00). (Infonmation only: i the rmaining 12.5% will be an obligation Ç)f"the City of Anoka figured on the 1 sarœ basis). (4) Various Utilities Est. Est. Anoka County ltan Unit Price Quan. Cost @ Price 15" Pipe Andovc 18" R.C. Pipe Sewer Cl. 2 (LF) $24.00 1,099 $26 , 376. $21,980. $4 ,39E -- 24" R.C. Pipe Sewer C1.2 (LF) 28.00 483 13,524. 9,660. 3,8& 31"X51" R.C.P. Arch Sewer(LF) 65.00 120 7,800. 0 7, 8ex " . I. ,. /_ --."", . . . " " \ ( ) ~ ~J ~ .,. I ( .,' ) AGREEHENT mNl'INUEf) S.A.P. 02-609-03 ¡- IN 'I'ES'l'llûNY WIIEffiDF, the parties have executed this Agreaænt by' their duly authorized officers, '\ CXXJNrY OF AIDKA CITY OF ANIXJVER '.J ~w~ ALBERT .KORDIAK, . Y:IN1JS:J:ll1L I CHAIRMAN OF THE OOARD iAYOR "--'.\~7- /J . , '"'~/7î~~~~ RALPH L. l.ŒINLEY, PATRICIA Lrnrx¿uIs>}.' . - EXæU1'IVE SEX:RETARY 'Iû TIIE CITY CLERK t/ CXX1NTY BJARD < ) PAUL K. RUUD, CXXJNI'Y ENGINEER \ ,j ~ ,. (..J - C!TY OF ANDOVER (j COUNTY OF ANOKA STATE OF MINNESOTA \ NO. R 69-80 ) MOTION by Councilperson Lachinski to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF BITUMINOUS STREETS FOR EIDELWEISS STREET BETWEEN 135TH LANE NORTHWESTt NORTH TO ITS TERMINATION IN SECTION 33tTOWNSHIP 32t RANGE 24. WHEREASt through an oversightt this street was omitted from other bituminous street improvements in Section 33; and WHEREASt it is acknowledged there is only 33 feet of road easement accepted by the City; and WHEREASt the City Engineer reported on the 20th day of MaYt 1980t that bituminous surfacing was feasible within the 33 feet right-of-way; and WHEREASt a public hearing was set for the 3rd daynof Junet 1980; and WHEREASt notice of such hearing was published in the Anoka Union on the 23rd and 30th days of MaYt 1980; and WHEREASt mailed notice was given the affected property owners on " the 22nd day of May. " \~ NOWt THEREFOREt BE IT RESOLVED BY the City Council of the City of Andover to hereby order the improvement of bituminous streets for Eidelweiss Street between 135th Lane Northwestt north approximately 330 feet to its termination in Section 33t Township 32t Range 24. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Engineer to prepare final plans and specifications for such improvement. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby allow the construction work to be completed by a Change Order to the bidder receiving the Contract for the construction of the adjoining streets under the 1980-1 improvement project. MOTION seconded by Councilperson Orttel and adopted by the City Council at a Regular Meeting held this 9th day of June t 1980t with roll call vote as follows: Aye: Windschitlt Jacobsont Lachinskit Orttelt Peach Naye: None Absent: None C!TY OF ANDOVER "- / , ATTEST: ~ 4 ~/ t,/ 'J2,.--<,~ err; índs itl - Mayor Patricia K. Lindquist - City Clerk / \ U U CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA " NO. R 70-80 ) A RESOLUTION APPROVING THE PRELIMINARY PLAT OF ANDOVER WEST, PRESENTED BY ANDOVER PROPERTIES FOR PROGRAMMED LANDS, INC. WHEREAS, pursuant to notice published thereof, the Planning and Zoning Commission conducted a public hearing on April 28, 1980, on the Preliminary Plat of Andover West; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission is recommending approval of the Plat; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being l)the plat has received approval from the County Highway Department, 2)the engineering firm of TKDA has reviewed the Plat and is recommending approval, 3)the p,lat is subject to meeting road standards of the City of Andover, 4)a public hearing was held and no opposition was met to the intent of the Plat, 5)required variances are approved, 6)a letter has been received from United Power Association with no objections, 7)a letter has been received from Northern Natural Gas Co. with no objections, 8)the Park Board has reviewed the Plat and has made a recommendation to the City Council regarding Parkland, and 9)the Plat is consistent with the Comprehensive Development Plan and meets the basic intent and application of its ordinances; and that all lots front on interior streets and do not front on County Road No.7, and also do not front on stub streets; and \ WHEREAS, the City Council did review the Plat on the 20:h day of May, 1980 '- j and do to an error in the calculation for park dedication it was referred back to the Park & Recreation Commission and the Planning and Zoning Commission as requested by the Developer; and WHEREAS, both Commissions did again review the Plat and address the requirements of Ordinance No. 10 and Ordinance No. 100; and WHEREAS, another recommendation for approval was submitted by the Planning and Zoning Commission with additional reasons for sµch action being l)parklands equal to 10% of the total Plat have been included, 2)Lot 13 and Lot 14 of Block 7 have been set aside for potential parkland if it is found the historic clay pits may be located on these lots, 3)a 151 walkway to LakeRidge Park is being dedicated along the east side of Lot 1, Block 7, 4)Blackfoot Street will be dedicated to a full 661 width, and 5)an additional variance for 152nd Circle is required; and WHEREAS, the City Council is in agreement with those reasons stated by the Planning and Zoning Commission; and WHEREAS, the City Council acknowledges the property owners to the south of the Plat objections to the locations of the most southerly streets; and WHEREAS, the City Council cannot obligate a developer to construct streets so as to provide additional frontage for the development of adjoining properties; and " \. ) WHEREAS the City Council is allowed by ordinance to require a developer to provide for the extension of existing streets which has been done in the Andover West Plat. M '\ NOW, THEREFOR' , BE IT RESOLVED by the City Cou ~ï1 of the City of Andover to hereby approve the Preliminary Plat of Andover West as submitted under the date of June 4, 1980. '\ BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby 'J approve the following exceptions within the Plat with such exceptions required due to topography of the land: a. Lot 9, Block 7 - Lot Size (Ordinance No. 10, Section 9.06) b. Inca Circle and 152nd Circle NW - Cul de Sac Length (Ordinance No. 10. Section 9.03g) c. 153rd Avenue Northwest between Highway No. 7 and Fox Street, 152nd Avenue Northwest between Highway No. 7 and Fox Street, 153rd Avenue Northwest between Eldorado Street and 155th Avenue Northwest, 154th Avenue Northwest between Eldorado Street and 155th Avenue Northwest, Hopi Street between Eldorado Street and 155th Avenue.Northwest, Blackfoot Street between Eldorado Street and 155th Avenue Northwest - Block Length (Ordinance No. 10, Section 9.05a) BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby accept parkland as shown on the Plat, dated June 4th, 1980; with the understanding that should it be found the historic clay pits are located on Lots 13 and/or Lot 14 of Block 7, such lot(s) would be substituted for potential parkland. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby require the dedication of a 30' walkway/utility/roadwayjdrainage easement in place of the 15' easement shown on the Plat dated June 4th, 1980; with such easement to go to LakeRidge park. '\ BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover , ) to hereby make such approval contingent on the requirement that Guarani Street and Blackfoot Street be shown with appropriate turnarounds; and that lots be shaded to indicate if the 39,000 square foot requirement of Ordinance No. 10C is met. Adopted by the City Council of the City of Andover this 17th day of June , 1980, by unanimous vote. CITY OF ANDOVER ATTEST: Patricia K. Lindquist - City Clerk \fl~c(Y~ '1 j :0 ( '\ \.J r CITY OF ANDOVER '\ COUNTY OF ANOKA ,-j STATE OF MINNESOTA NO. R71-80 A RESOLUTION APPROVING THE EXTENSION OF THE FILING OF THE PINAL PLAT OF BIRCHWOOD POND AS BEING DEVELOPED BY DAN CHRISTIANSON THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: An extension for the filing of the Final Plat of Birchwood Pond pursuant to Ordinance No. 10, Section 11.01(a) is hereby granted to the 20th day of November, 1980; with such extension being at the request of the developer, Dan Christianson. Adopted by the City Council of the City of Andover this 17th day of June , 1980, by unanimous vote. CITY OF ANDOVER ATTEST: ~~ /' '\ '- ) '\ I " \ , \ U CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA '-) NO. R ]2-80 MOTION by Councilperson ,lacobson to adopt the following: A RESOLUTION APPROVING THE PRELl MINARY PLAT OF HAWK RIDGE EAST AS BEING DEVELOPED BY LAWRENCE B. CARLSON. WHEREAS, the Planning and Zoning Commission has conducted a public hearing and reviewed the Preliminary Plat of Hawk Ridge East; and WHEREAS, as a result the Planning and Zoning Commission is recommending approval of the Plat for the following reasons: l)the City Engineer has reviewed the Plat and is recommending approval, 2)the Plat has received approval from the Anoka County Highway Department, 3)the Plat is subject to meeting the road standards of the City of Andover, 4)no opposition to the Plat was voiced at the Public Hearing, 5) it is understood that all lots fronting on County Roads shall have access by way of interior streets; and the final plat will dedicate the restricted access along county roads, 6)the Plat is consistent with the Comprehensive Development Plan and ordinances of the City, and 7)the Plat has been submitted to the Townsh ip of Oak Grove and f:avorab le~Ã received; and comment WHEREAS, the City Council is in agreement with those reasons for ., approval given by the Planning and Zoning Commission; and ~\ ) WHEREAS, the Park & Recreation Commission has reviewed the Plat and has agreed to accept cash in lieu of land in the amount of $9,680.85; and WHEREAS, the City Council is in agreement with the recommendation made by the Park and Recreation Commission to accept cash in lieu of land for parkland dedication~ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Hawk Ridge East as being developed by Lawrence B. Carlson. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby approve the following exceptions within the Plat: l. The approximate 40 acres of contiguous property being retained and not platted by the developer-this is primarily low land and not suitable nor feasible for platting. 2. Lot 4~ Block 3 does not meet the requirement of 300 feet setback at the tangent line of the Osage Court cul de sac-the size of the lot is adequate to permit choice of building site. 3. Lot 1, and Lot 2, Block 3 - Minimum Lot Size; such exception required to allow for the extension and construction of 180th Avenue to the easterly boundary of the Plat. '\ BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby ) / subject such approval contingent upon the developer extending 180th Avenue through t to County Road 59 (Verdin Street), noting some lot revisions may be required. , U 0 MOTION SECONDED by Councilperson Lachinski to adopt the foregoing , resolution, and adopted by the City Council at a Regular Meeting this " ) 17th day of June , 1980, by roll call vote as follows: Aye: Windschitl, Jacobson, Orttel, Lachinski Naye: Peach (objection for future development that Thrush Circle and Swallow Place cul de sacs be attached; and for public safety and maintenance reasons). CITY OF ANDOVER A T1£ST~, ~ /V~ /' / e ~tl - Mayor I , \ "-~ \ ) \ ' \ \. ) \.' ~ ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , / NO. R74-80 A RESOLUTION PROPOSING ADJUSTMENT TO THE METROPOLITAN URBAN SERVICE AREA. WHEREAS, in an effort to provide reasonable extension of sanitary sewer lines in the City of Andover an Urban Service Area is established; and WHEREAS, time to time it becomes necessary to adjust this area to be compatible with development; and WHEREAS, the City Council acknowledges the necessity to restrict the total area to be included for potential service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby propose to adjust the Metropolitan Urban Service Area as shown on the attached Exhibit "A". Adopted by the City Council of the City of Andover this 17th day of r ~ June , 1980. .. ~ \ CITY OF ANDOVER '- J /AT~ ~ ~' 17 .-.1 ) .~ / ~~ e 'r~s ltl - Mayor ! ~~~'- , - '''' ' > I , 1 (~. ~- I . I :. .'. W' .. ,.J \ ~ '" ' ."'"'~' + ~h-. . ,~ì ~--- ." . ., . . ~,. v- ' , j.. . ."" ÀÒ," ..r> · I ?¡ " . , .' . ';".: . .." ?J " . ','- . ,', . . . j~.... II..;L ,; L ~'. .... 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'...".'^, -1/..'." ....1".'.'. . ~I.'l z ' I .....li 'C:" w m."'·' ' ~ a .. . :p -n I ..;;. ':'I:<r<J"-f 0'+; 4r , ,.' &:--~~...~» .. : _ , l' ". ::!! /,'.', ,.~'h ¡---- -~ "7 -=' ~"" ::0 . . i-I '» ,..:.:"\}¡' L',,'J: ::0 , ::0' ~..c..,-- -. .. . ,. . ',. .~_ ' r.,!,/,:-;,.,.~1.!.. ' I ~i " " "r--- -----,,-- '-- -- I· < """" ........... ,'''/1,'.. ....,,,',. - : , --- , ................. !'.' :'.' ,.,.. ' - - - . --- ..~." . ~ . _ _.'. ~._.....¡-o ' ~'¡'h.'; -- : I' ' ;..-.:-" "", ,'p~, , '.. '''-01~ """ ~,. I \ (,I:rI':~I' ,,','1-....,.., "". .f¡.',I!~"~I.';j_·.".~.""',:~~t;."-I!(":t;1',411." ...":":"':'~"'''''r\''I''''.'~f''' ~- .... --, -- ,. / .. " .'. ,.,..,. . ',,' ' " . , ,'" '.'" 1" ..... . ... . '.~.... . ,~i::,;¡. :':~Iß; , . ',.: \', 1.1:~I".:':':I, í.I,:;.III),,':i.:,II';t':~'~·'~ ' ""'''' ¡¡ \ " // -...:--.....::.:====----". ,: 'r I.' ~..). _'I'}·¡'¡J:I...·I,..'!",',¡JoqJI!·.·¡tl! -- ---- ". (I \ )Ii "'''''}!'".,:',-,dl'" ,.,1,1""') --~'" / ;....,---.:='-' -- . , . . .. ..,....' , ", '. ,. . -- ',., ..,..,._, ,..__.,___....,',!_,.._,~.~ ,,,,,,,,,.,, i ..,,,' ,<~ 1:;:.~I,~.,I,II':I'}.I~~::,I·I'\,.,.i'.'.".,'i,~::;:"I_:.c FTlr:tl · 11 I l~ . ." ...,..~',i'..!"" .' ';~, ,"" · · ·I~::n J'r;~ I " I I ' ""',.."..,J,..,.,...'_...,"~::'::_L,~ :,",:,,:" ¡¡ ,.,. . I ' r', CJ CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA J NO. 73-80 A RESOLUTION ESTABLISHING THE ZONING FOR THE URBAN AREA OF THE CITY OF ANDOVER. WHEREAS, pursuant to publication and mailed notice as required by law, the Planning and Zoning Commission conducted a public hearing for the proposed rezoning of the Urban Area; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission set forth to the City Council a recommendation to approve the rezoning as shown on the attached Exhibit "A"; and WHEREAS, the Planning and Zoning Commission cited as reasons for such recommendation as being l)a public hearing was held; there was some opposition to specific areas, but none to the overall intent, 2)the City Engineer was present and made several of the recommendations included in the proposal, 3) Northwest Associated Consultants was present and made several recommendations, 4)it is good planning and is consistent with the comprehensive plan, and it provides for the orderly extension os sanitary sewers to those areas that have previously been developed; and WHEREAS, the City Council met jointly with the Planning and Zoning Commission prior to the public hearing to conceptually set zoning classifications that appeared to be acceptable to be presented by the -J Planning and Zoning Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby establish the zoning for the Urban Area of the City of Andover pursuant to the attached Exhibit "A". BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby require that such rezoning be incorporated into an amendment to Ordinance No.8, and published pursuant to law. Adopted by the City Council of the City of Andover this 17th day of June , 1980. CITY OF ANDOVER '- /W~ ~~Chitl - Mayor . ity Clerk I I~~........ I ¡; - I I ''1!'", 1:< -._. I I ' I '..... , I I \ I t I Lr. .. . .....11,· ." ~ \ I I ~ i' ~: ':'.~ . ._ .-~ :~ .~. ~ ~'- \. -.... - :/ . ~-i ' - - =~. i_:r.:::O " "-? -" \ .1.; .~~.' ....~..J _~: _.) ,.ß7"ìN : rU J~~ ì \ i .'.1.11', '" b I· '. 'r, I I I "' ,I: '-~re' -~"d"~1 .m ",,,.n ..... '1I.-...J2Jt!œ' ,"",' I', ·F-i-tJ:,H.,.,".tì,":"·' . . - ¡..L- :" ~"-". . - '. " .~'i';. I. '. _11' ·T---- '1 ,. , . ''''tS'- . " ..... .' ' ~ ,:1 r.i'& . I~ ~ . , . ,- .- - '. 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I ')01 ,.,..., ~~' ~;,' (~11""!~;ß;~ ." 1""'~II,¡':"I''''~I,'~t':''i'I,'I'II'''''I~\1 '--- ~ mÎ~ ~ \ ¡: f-"1 I \~."'-t: ~ :.;I>,c,.. ;,'1 1"'.,,:,}I,I..,I"I~;,:'l':;I')' ~">' ~ -- ", ' I 1 ' . ~-1' . I :~\ '.'1,11 l"i'¡.'I:i'~I.1.I';~ ),':¡', (..11 --- -. -', ¡l" -Þ1 !---- I .... ;, : ! [~¡'I~II)II 1I"}~d;"I['~'II~Jtl ')114'" '- ~ .. ._ _ _ _,,~ ~ ( n__...'".......,~.."..~, ,.~~.__....'"__,..._,_._1-......".,:".._._,...,___m...~_..'.'..'Hm..._....,.."'. ~ "~",I,: n,~" I,' 1,. '~~I¿ t.LI!' 0;' .,'~_..____ ,...:: ,-..... ," -- -.. --.. .. - -, - ' --. - ' U CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA 1 NO. R75-80 , , A RESOLUTION APPROVING THE PRELIMINARY PLAT OF NORTHGLEN AKA ANDOVER WOODS AS BEING DEVELOPED BY GOOD VALUE HOMES, INC. WHEREAS, pursuant to notice published thereof, the Planning and Zoning Commission conducted a public hearing on June 10, 1980, on the Preliminary Plat of Northglen aka Andover Woods as being developed by Good Value Homes; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission is recommending approval of the Plat; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being l)the Plat has been reviewed by the engineering firm of TKDA and they recommend approval, 2)a letter of approval has been received from the County Highway Department, 3)there was no opposition as to the intent of the Plat at the Public Hearing, 4)the Plat is consistent with the Comprehensive Development Plan and meets the intent of the ordinances of the City, 5)the Plat would require the following variances and changes: a)Lots 1 and 2, Block 2 should be included as parkland, b)Lot 6, Block 4 should have the front dimension at the setback line shown, c)approvalmust be received from the Coon Creek Watershed Board, d)copies of restrictive covenants should be included with the Plat, e)138th Avenue should be changed to Court, f)Lot 8, Block 5 would require a variance as it is more r than twice the size of the average lot; and , WHEREAS, the City Council is in agreement with those items stated by * ~ _/ the Planning and Zoning Commission in their recommendation; and WHEREAS, it is acknowledged by the City Council that a Special Use Permit must be approved to allow the construction of "twin homes"; and WHEREAS, the City Council further acknowledges that all changes noted by the Planning and Zoning Commission in their recommendation have been made by Good Value Homes, Inc.. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Northglen aka Andover Woods as being developed by Good Value Homes, Inc. BE IT FURTHER RESOLVED by the Andover city Council to hereby approve an exception to Lot 8, Block 5 on size, noting the lot in its present size makes for more orderly development. BE IT STILL FURTHER RESOLVED by the Andover City Council that such approval is contingent upon receipt of approval from the Coon Creek Watershed Board; and upon rezoning of the property to Residential-4. BE IT STILL FURTHER RESOLVED by the Andover City Council to hereby ~cce~t park dedication as shown on the Plat~ - t - n~~~ - - BE IT STILL FURTHER RESOLVED by the Andover City Council to hereby accept Lot 20, Block 6 for drainage easements and water facility easement. ,,- '\ U Resolution No. 75-8L_,Northglen aka Andover Woods) Page 2 , - ) Adopted by the City Council of the City of Andover this 17th day of June ' 1980, by unanimous vote. CITY OF ANDOVER ATTEST: ~~i'n'ill / 1.;- ~ er Win TI Chltl - Mayor . " 'II '-_../ I '\ , .I r I . " ~ No. R76-80 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION FOR SPECIAL USE PERMIT WHEREAS, Good Value Homes, Inc. has submitted a request for a Special Use Permit for the purpose of receiving approval for the construction of two family homes upon certain lots within the proposed plat of Northglen; and WHEREAS, a public hearing by the Planning and Zoning Commission was held on the development plan for the proposed area known as Northglen; and ~\THEREAS , the developer Good Value Homes, Inc. has submitted plans showing the location of all proposed structures, driveways, landscaping, parking, screening, and access drives; and WHEREAS, the development is consistent with the Comprehensive Plan and meets the basic intent and application of the oràinances of the City of Andover. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover: l. That a Special Use Permit be granted to Good Value Homes, Inc. for the construction of two family homes upon the following lots of the preliminary plan of Northglen, described as follows: Lots 1-8 and Lot 24 of Block 4; Lots 1-6 and 13, throuíh 19 and of Block 6, proposed plat of Northglen, Anoka 21 hrough 23 County, Minnesota. 2. That the reasons for the granting of such Special Use Permit are as follows: I . a. A public hearing was held and there was no opposition to the Special Use Permit. b. The proposed use is not detrimental to the health, safety and welfare of the public nor to the adjacent property values. c. The development is consistent with the Comprehensive Plan for the City of Andover. 3. That the Special Use Permit shall not be effective until approval by the City of the final plat of Northglen which includes the area described in paragraph 1. 4. That the Special Use Permit is contingent upon the two family homes being constructed in accordance with the plans submitted to the City which are made a part hereof. That said plans have been marked with the date of this Resolution for identification. 5. The Special Use Permit is further contingent upon Good Value Homes, Inc. establishing a homeowner's association pursuant to Minnesota Statute 317 for the purpose of providing maintenance, preservation and architectural control of the residence lots included within the Special Use Permit. That all articles of incorporation, by-laws and declaration of covenants, conditions and restrictions in regard to the establishment of such association shall be in substantially the same form as those provided to the Andover City Attorney. Such association shall be in force and all restrictive covenants filed of record prior to the issuance of any building permits on any parcels located within the area defined in this Special Use Permit. 6. In the event Good Value Homes, Inc. shall violate any terms or conditions of this Special Use Permit · ~ - or of any city, county or state regulations, ordinances or statutes pertaining to the development of the lots within the limits of this Special Use Permit, the City shall immediately have the right to suspend issuance of building permits thereon. Furthermore, upon ten days written notice the City shall be entitled to conduct a hearing for the purpose of considering whether or not the Special Use Permit granted herein should be revoked for violation of such conditions, regulations, ordinances, or statutes. ADOPTED this /7 TÆ day of June, 1980. b CJ~ IJ í -C<-'?/' - '\-- ¡J , ", r--' , U \.,) I : , -- ~, .,..--.-.- ... . ..-.~ '. ~'----- -,- - . '~'" ----..~-----_._._--_._- .-- ...-.--- ...-...-. ,.-. ._~- .'--- _._.~--.._- .~ -'.-- ..-.-.- <--_. '---./ TYPICA,L IV\} I ';/"/1~ loT I Ì'J - +-+¡ ) ('" \ I J I ,_Þ. ._ 1'1/706 ø Doue. L E Lt:>T 7 35"D ÇZ1 eél.c..h. L£lf Lv4~ <:;fl, ¡- 6/ L VERQD ST/;¿EET CJ<¡{ -2 I -2 \\ 35 /--1 \ / \ , I , -0- -D- ., <J 9-v ~ f ~ I ~ ] :þ IIJ r ><: a - x, 'I I " t'" 't , ~ - , '- I f' N t'" lr , cJ.5 ó2S C) -. -I, I -¡,S' I "- ""- I ~ / ~ 'J; Lje¡ t ¡ ¡ 091 I I J . ¡ I I ( -- L ~ - --"3 -3 ~..5 A i'l L/ / r -,- \ {t/',....., ,'_, ~,.."" J. ..._~ d v' f ,/ \ ¡ \ . I " ' , ,.' . ~ \./ ",/ U '-0<' jf r--~"'" r \ ,J ~ \ (~ CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA , No. Rn-80 ,~' A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF THE SOUTH COON CREEK DRIVE BRTIDGE APPROACH UNDER MSA THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to advertisement for bids as required by law~ bids were received, opened and tabulated on Friday, June 13, 1980, for the construction of the South Coon Creek Drive Bridge Approach, with results as follows: NOH, Inc. $17,925.00 Jf.le<ander Construction 18,888.00 Bituminous Contractors 19,813.70 Hardri ves, Inc. 21~616.50 The Mayor and Clerk are hereby authorized to enter into a Contract with NOH, Inc. in the amount of $17,925.00, for the construction of South Coon Creek Drive Bridge Approach under MSA. The City Clerk is hereby directed to return to all bidders, the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a Contract is executed, except no longer than thirty days. Adopted by the City Council of the City of Andover this 17th day of , June \ , 1980. \~ CITY OF ANDOVER ~~~ ) u (~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA "\ NO. R 78-80 " / MOTION by Councilperson Peach to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF THOSE STREETS IN THE 1980-1 IMPROVEMENT PROJECT AND ALSO THOSE STREETS IN THE 1980-2 IMPROVEMENT PROJECT LOCATED IN SECTION 33, TOWNSHIP 32, RANGE 24 THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to advertisement for bids as required by law, bids were received, opened and tabulated on Friday, June 13, 1980, for the construction of bituminous streets in the 1980-1 and 1980-2 Improvement Project in Section 33, Township 32, Range 24, with results as follows: Central Landscaping $119,649.70 NOH, Inc. 119,932.90 Alexander Construction 124,999.97 Forest Lake Contracting 125,722.78 Lino Contracting, Inc. 128,831.95 Bituminous Contracting, Inc. 131,768.82 Hardri ves, Inc. 148,049.35 The Mayor and Clerk are hereby authorized to enter into a Contract with Central Landscaping, Inc. in the amount of $119,649.70 for the construction of bituminous streets pursuant to Plans and Specifications under the 1980-1 and \ .-/ 1980-2 including the following streets in Section 33, Township 32, Range 24: 133rd Avenue Northwest Gladiola Street 134th Avenue Northwest Xavis Street 135th Avenue Northwest 138th Avenue Northwest Eidelweiss Street The City Clerk is hereby directed to return to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a Contract has been signed but no longer than thirty days. MOTION seconded by Councilperson Lachinski and adopted by the Andover City Council at a Regular Meeting this 17th day of June , 1980, by following roll call vote: Aye: Windschitl, Jacobson, Lachinski, " , Peach Naye: None Absent: Orttel (affected by project) CITY OF ANDOVER " /~ I " } - Mayor :~,,-J CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA NO. R79-80 '\ \.-.-J MOTION BY Cpånc'iìperson Lachinski to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY RE~ORT AND ORDERING PUBLIC HEARING FOR THE IMPROVEMENT OF BITUMINOUS STREETS IN SECTION 5, SECTION 6, AND SECTION 8. ., WHEREAS, the City Counc i 1 has rece i ved a pet it i on from property owners on 172nd Lane, requesting the improvement of bituminous streets; and WHEREAS, other property owners in the immediate vicinity have informally indicated an interest in the improvement of the streets; and WHEREAS, as a result of the above the City Council did on the 3rd day of June, 1980, schedule a general informational hearing to determine whether bituminous streets were wanted by the majority of residents in the Northwest Area consisting of streets in Section 5, Section 6, and Section 8; and WHEREAS, testimony and petitions received from potential affected property owners on June 19, 1980, indicated the Council should proceed under M.S., Chapter 429 for the proposed improvement of specific streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the feasibility report prepared by the engineering firm of Toltz, King, Duvall, Anderson & Associates, Inc. for the improvement of those streets in Section 5, Section 6, and Section 8, Township 32, Range 24. ~~ BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby set a Public Hearing for Wednesday, July 9, 1980, 7:30 P.M. to receive testimony and pass upon the improvement of bituminous streets in Section 5, Section 6, and Section 8 on the following streets: 172nd Avenue Northwest Tulip Street to Aztec Street 172nd Lane Northwest Tulip Street to Aztec Street Woodbine Street 172nd Avenue NW to 172nd Lane NW Xenia Street l72nd Lane to north centerline of Cedar Crest Estates Aztec Street 172nd Avenue to cul de sac 173rd Lane to 174th Avenue 174th Avenue Northwest Tulip Street to Blackfoot Street 173rd Lane Northwest Tulip Street to Aztec Street Blackfoot Street 174th Avenue to crest of hill (approximately 176th Ave.) 180th Lane Aztec Street to cul de sac BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to give published and mailed notice of this Hearing. MOTION seconded by Councilperson Peach, and adopted by the City Council of the City of Andover at a Special Meeting this 19th day of June , 1980, by roll call vote as follows: Aye: Windschitl, Jacobson, Lachinski, Orttel Peach Naye: None ..... _> Absent: None CITY OF ANDOVER ~,~ --.- I ~ ~ Je y Wlnd hi V-:.. Mayor rl U U ' .... Councilmember I ;:¡rhin<:;ki offered the following resolution and moved ) its adoption, which motion was seconded by Councilm ember Orttel : . - RESOLUTION NO. 82 -80 RESOLUTION RELATING TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL ,DEVELOPMENT ACT; CALLING FOR A PUBLIC HEARING THEREON. BE IT RESOLVED by the City Council of the City of Andover, Minnesota (the !lCity!l), as follows: SECTION 1 Recitals 1.1 William C. Rademacher, an individual, on behalf of himself or a partnershIp or other entity to be formed by him (the "Borrower"), has advised this Council of his desire to acquire land in the City and to construct and equip thereon a facility of approximately 100,000 square feet for use as a shopping center. '\ 1.2. The City is authorized by Minnesota Statutes, Chapter 474 (the !lAct"), to issue its \ \_) revenue bonds to finance ,capital projects consisting of properties used or useful In connection with a revenue-producing enterprise. The Borrower has requested that the City issue its revenue bonds in an amount not exceeding $4,300,000 to finance all or a portion of the cost of the Project. SECTION 2 Public Hearing 2.1. Section 474.01, Subdivision 7B, of the Act requires that prior to submission of an application to the Minnesota Commissioner of Securities requesting approval of the Project as required by Section 474.01, Subdivision 7 A, of the Act, this Council shall conduct a public hearing on the proposal to undertake and finance the Project. Pursuant to that provision, a public hearing on the proposal to undertake and finance the Project is ~ called and shall be held on July 29th, 1980, at 7:30 o'clock P.M., at the Andover City Hall. 2.2. The City Clerk-Acting Administrator shall cause notice of the public hearing to be published in the official newspaper of the City and in a newspaper of general circulation in the City, at least once not less than fifteen (15) nor more than thirty (30) days prior to the date fixed for the hearing, such notice to be in substantially the following form: '\, \~ - .' ) , ... l) l/ NOTICE OF PUBLIC HEARING ON A PROPOSED "- PROJECT AND THE ISSUANCE OF INDUSTRIAL ) DEVELOPMENT REVENUE BONDS UNDER TH_E MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, MINNESOTA ST A TUTES, CHAPTER 474, AS AMENDED CITY OF ANDOVER, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota, will meet on July 29th, 1980, at 7:30 o'clock L.M., at the City Hall, 1685 Crosstown Blvd., N. W., Anoka, Minnesota 55303, for the purpose of conducting a public hearing on a proposal that the City issue revenue bonds, in one or more series, under the Municipal Industrial Develop- ment Act, Minnesota Statutes, Chapter 474, as amended, in order to finance the cost of a project. The proposed project will consist of the acquisition of land and the construction and equipping thereon of a shopping center by William C. Rademacher or a partnership or other entity to be formed by him. The estimated total amount of the proposed bond issue is $4,300,000 and interest thereon shall be payable solely from the revenue pledged to the payment thereof, except that such bonds may be secured by a mortgage or other encum brance on the project. No holder of any such bond shall ever have the right to compel any exercise of the taxing power of the City to pay the bonds or the interest thereon, nor to enforce payment against any property of the City except the project. A draft copy of the proposed application to the Minnesota Commissioner of \ Securities for approval of the project, together with all attachments and ',J exhibits thereto, is ayailable for public inspection at the office of the City Clerk between the hours of 9:00 A.M. and 5:00 P.M. All persons interested may app'ear and be heard at the time and place set forth above. Dated: ,111 1 Y ?nd , 1980. ,/,-- --......, /~ / BY ORDER OµHE@Y COUNCIL ¡ -?-~\ - /) J ~{!vi~4.J\ /J-=:~.c - By Pat Lindquist ./ /' City Clerk - Acting Administrator " \~~/ ) · () C) "'W 2.3. A draft copy of the proposed application to the Minnesota Comm issioner of ~J Securities, together with all attachments and exhibits thereto, has been presented to this Council and is hereby approved. Such application, attachments and exhibits are hereby ordered placed on file at the office of the City Clerk, and -shall be available for public inspection, folJowing the publication of the notice of public hearing, between the hours of 9:00 A.M. and 5:00 P.M. Adopted by the Council this 1st day of July, 1980. _.----------.... A pproved: ~~ L---, /' IJ ~C¿~bvi;/ , ) ~ ~1 j- Mayor , L(.~~(¡_ '-. .~, \ A tt est:~? h/.I,!'t~ ;Z/~-c!1/---,,--<~ Ci ty Clerk-:Actiríg Adm inistra tor '/ (SEAL) . Upon calJ of the roll, the vote on said motion was as folJows: In Favor Opposed Absent Not Voting :) Jacobson x ... Lachinski x Orttel x Peach x Windschi tl x "\ \ \--- / l) CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA NO. R83-80 \ ) " MOTION by Councilperson Ja:cobson to adopt the following: A RESOLUTION ACKNOWLEDGING JURISDICTIONAL CONCERNS REGARDING THE COON CREEK WATERSHED AND JOINTLY AUTHORIZING CERTAIN ACTIONS TOWARD RESOLVING SAID JURISDICTIONAL CONCERNS WHEREAS, the Cities of Andover, Ham Lake, Blaine and Coon Rapids are in part in the Coon Creek Watershed District; and WHEREAS, said parts of the four cities are partially rural land uses and partially developing into urban land uses which respective land uses impose diverse requirements on said Coon Creek Watershed; and WHEREAS, said cities, as well as the Coon Creek Watershed District Board, have voiced respective needs for capacity within and/or repair and/or improvement of the Coon Creek Watershed channel(s); and WHEREAS, said cities, as well as the Coon Creek Watershed District Board, have at various times taken such independent actions as they deemed necessary to effect access to and/or repair of and/or improvement to said watershed inclusive of independent planning thereto; and WHEREAS, said circumstances as described above dictate the need for '\ a Coon Creek Watershed District Comprehensive Plan acceptable to the four cities " j as well as the Coon Creek Watershed District Board; and WHEREAS, the Mayors of said four cities, as well as the Chairman of the Coon Creek Watershed Board and other representatives of said cities and Board have met informally on two separate occasions (March 31 and May 28, 1980) to effect a cooperative resolution of the above described circumstances and recommend the following: a. That respective community and Watershed engineers be directed to convene in committee under the Chairmanship of Israelson and Associates~Watershed District Engineers, and execute the following two-part charge: 1. Evaluate the studies and information currently available in each of the communities and Watershed for comparability and applicability to the completion of a Comprehensive Watershed Plan, and 2. Prepare a request for proposals with which to solicit an independent engineering firm, a firm independent of said four cities and Watershed District Board, to do a Comprehensive Storm Water Drainage Plan for the Watershed. b. That a committee consisting of such management representatives as each jurisdiction herein appoints, under the Chairmanship of Robert Thistle, City Manager-Coon Rapids, meet and confer to recommend a manner in which the study will be financed based 'ì upon the following premises: ~ (-) U Resolution No. 83-80 Page 2 -,J 1. That the jurisdictions will jointly finance the study (interim) by some equitable formula, 2. Each jurisdiction will be given credit for work completed per comparibility and applicability as determined by the Engineers. 3. The Watershed will ultimately finance the study. c. That said Committees, as coordinated by City Manager Thistle, report back to the informal committee of Mayors and subsequently the jurisdictions on or before ninety (90) days from the date of approval of this resolution by all four cities and the Coon Creek Watershed District Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The Plan of Action as outlined above is hereby approved. 2. The Engineer of the City of Andover, namely Larry Winner is hereby directed to participate responsive to the Chairmanship of Israelson and Associates at the expense of the City of Andover. 3. Patricia Lindquist is hereby appointed to represent the City of Andover on the management committee responsive to the Chairmanship of Robert Thistle, City Manager-Coon Rapids. \ " -- ) MOTION seconded by Councilperson Peach and adopted by the City Council of the City of Andover at a Regular Meeting this 1st day of July , 1980, by unanimous vote with all Councilpersons in attendance and voting. CITY OF ANDOVER \ j (J ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J NO. R84-80 MOTION BY Councilperson Peach to adopt the following: A RESOLUTION ESTABLISHING STREET STANDARDS FOR THE CITY OF ANDOVER THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The existing street standards shall be modified to require bituminous shoe and/or variable depth ditches be used where necessary to remove standing water from a paved street surface. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby require 321 roadway with concrete curb and gutter and adequate storm drainage be used in R-5 and M-1 and M-2 Zoned areas (realizing the heavier use in such districts); and in all other areas where the average lot size is less than 13,000 square feet per dwelling unit (exclusive of public right-of-ways, parks, and other land dedicated for public purpose); and at the discretion of the City Council, all other areas under Special Use Permits allowing for a higher density that normally allowed for that particular zoning; and in all commercial and industrial areas. \ BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to \ .J hereby require that such modified standards shall apply to all subdivisions for which preliminary approval has not been received on the date of adoption of this resolution. MOTION seconded by Councilperson Lachinski and adopted by the City Council at a Regular Meeting this 1st day of July , 1980, by unanimous vote with all members in attendance and voting. CITY OF ANDOVER ATTEST:--, , ~ ~¿~ ~dschlt - Mayor \ ) ,.' " () ! ' \...J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / NO. R85-80 MOTION by Councilperson Ortell to adopt the following: A RESOLUTION AUTHORIZING SUBMITTAL OF THE ANDOVER COMPREHENSIVE DEVELOPMENT PLAN AND SUPPORTIVE DOCUMENTATION PURSUANT TO THE REQUIREMENTS OF THE lAND PLANNING ACT. WHEREAS, the Metropolitan land Planning Act requires local government units to prepare comprehensive plans and submit them to the Metropolitan Council for review; and WHEREAS, the Andover Comprehensive Plan-Policy Plan/Development Framework and Supportive Documents represent the response by the City of Andover, Minnesota to the requirements of the Metropolitan land Planning Act; and WHEREAS, the Andover Comprehensive Plan was adopted by the Andover Planning and Zoning Commission on 17 December, 1979 following public hearing with legal required notice; and WHEREAS, the Andover Comprehensive Plan has been accepted bu~ not adopted by the Andover City Council; and " , j WHEREAS,the Andover Comprehensive Plan was referred to: Anoka County, City of Anoka, City of Ramsey, City of Coon Rapids, City of Wyoming, City of Blaine, City of Ham Lake, City of East Bethel, Burns Township, Oak Grove Township, Anoka-Hennepin ISO No. 11, Saint Francis ISO No. 15, Coon Creek Watershed District, and Anoka County Soil and Water Conservation District on 8 January 1980. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby authorize and direct the City Administrator to submit the Andover Comprehensive Plan and Supportive Documents to the Chairman of the Metropolitan Council for review under Section 473.175 of the Metropolitan Land Planning Act. MOTION seconded by Councilperson Lachinski , and adopted by the City Council of the City of Andover at a Regular Meeting this 1st day of July , 1980, by unanimous vote, with all councilpersons in attendance and voting. CITY OF ANDOVER A!J~ ~¿J~ r I '. \ \, j Je y Wln chítl - Mayor / , U ~-J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R86-80 , " ~ MOTION by Councilperson Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF BITUMINOUS STREETS FOR 172nd LANE, 172ND AVENUE, AND WOODBINE AND AZTEC STREET SOUTH OF 172ND LANE IN SECTION 8, TOWNSHIP 32, RANGE 24; AND DIRECTING THE ENGINEER TO PREPARE FINAL PLANS AND SPECIFICATIONS. WHEREAS, the City Council did receive petitions requesting the improvement of bituminous streets in Section 8; and WHEREAS, the City Council did on the 19th day of June, 1980, accept the feasibility report as prepared by Toltz, King, Duvall, Anderson & Associates; and WHEREAS, the City Council also did on the 19th day of June, 1980, order a public hearing for such improvement to be held on the 15th day of July, 1980; and WHEREAS, as a result of testimony received at such public hearing; and WHEREAS, as a result of Council opinion on the need for improvement of the streets in this area; and WHEREAS, the Council further acknowledges such improvement is feasible. \ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover \. ) to hereby order the improvement of bituminous streets under Minnesota Statute, Chapter 429, for 172nd Avenue, 172nd Lane, and Woodbine and Aztec Street south of 172nd Lane in Section 8, Township 32, Range 24. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the firm of Toltz, King, Duvall, Anderson & Associates to prepare final plans and specifications for such improvement. MOTION seconded by Councilperson Orttel , and adopted by the City Council of the City of Andover this 15th day of July , 1980, at a Regular Meeting by roll call vote as follows: Aye: Windschitl, Jacobson, Lachinski, Orttel, Peach Naye: None Absent: None CITY OF ANDOVER ATTEST: " ~cf.1~ \ ) Patricia K. Lindquist - City Clerk (_J CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA / NO. R87-80 '< MOTION by Councilperson Peach to adopt the following: , A RESOLUTION ORDERING THE IMRPOVEMENT OF BITUMINOUS STREETS WjDRAINAGE FACILITIES .FOR 173RD LANE, 174TH AVENUE, XENIA STREET FROM NORTH OF 173RD LANE TO THE NORTH END OF CEDAR CREST ESTATES; AND DIRECTING THE FIRM OF TOL TZ, KING" DUVALL, ANDERSON AND ASSOCIATES TO PREPARE FINAL PLANS AND SPECIFICATIONS , WHEREAS, the City Council did receive petitions for improvement of bituminous streets in Sections 5, 6, and 8; and WHEREAS, as a result of these petitions the City Council conducted an informational meeting on the 19th day of June, 1980, at which time the feasibility study was presented and accepted; and WHEREAS, such informational meeting indicated enough interest to proceed with the improvement under Minnesota Statutes, Chapter 429; and WHEREAS, a public hearing was held on the 15th day of July pursuant to law; and WHEREAS, as a result of testimony received at such public hearing; and - , J WHEREAS, as a result of Council opinion on the need for improvement of the streets in this area; and WHEREAS, the Council further acknowledged that such improvement was feasible; and WHEREAS, considerable opposition was voiced by the residents whose property abutted 173rd Lane Northwest; and ' WHEREAS, the City Council determined it was not reasonable to improve all the streets in the area with the exception of one; and WHEREAS, such determination was based on added costs for the other streets if this were not handled as a total project; and , WHEREAS, such determination was further based on the non-improvement of this street would potentially create additional traffic for the improved streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the improvement for bituminous streets w/storm drainage facilities for 173rd Lane, 174th Avenue, Xenia Street from north of 173rd Lane to the North end of Cedar Crest Estates, Aztec Street between 173rd Lane and 174th Avenue, and Blackfoot Street north to the peak of the hill (approximately 500 to 700 feet north \ of 174th Avenue) in Section 5, Section 6, and Section 8 West of Tulip Street. ',-.-J BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the firm of Toltz, King, Duvall, Anderson & Associates to prepare final plans and specifications for such improvement. ... r - , r I \ U Resolution No. 87-80 \. ---..I Page 2 '\ MOTION seconded by Councilperson Orttel ,~) MOTION AMENDED by Councilperson Lachinski, seconded by Councilperson Orttel to declare the assessment for this improvement project and that project ordered únder Resolution No. 86-80 to be over a period of fifteen (15) years. Resolution and amendment adopted by the City Council of the City of Andover at a Regular Meeting this 15th day of July , 1980, by roll call vote as follows: Aye: Windschitl, Jacobson, Lachinski, Orttel, Peach Naye: None Absent: None C ITV OF ANDOVER ATTEST: ~. tv· ~ /~ en y W, schitl - Ma~r Patricia K. Lindquist - City Clerk , , , ) \ -) l,___) U CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ,_) NO. 88-80 MOTION by Councilperson Jacobson to adopt the following: A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR GRACE LUTHERAN CHURCH, WITH SUCH PERMIT INCLUDING THE FACILITIES NOW UNDER CONSTRUCTION. WHEREAS, pursuant to City Ordinance the Planning and Zoning Commission has conducted a public hearing covering the Special Use Permit Application of Grace Lutheran Church; and WHEREAS, as a result of the hearing the Planning and Zoning Commission has set forth to the City Council a recommendation for approval; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being 1) a public hearing was held at which there was no opposition, 2)the project should have a beneficial effect on the general welfare of the residents of the City, 3) the proposed project should have no adverse effect on surrounding properties or scenic values, and 4)the Special Use Permit meets the basic intent and application of the ordinances of the City of Andover; and WHEREAS, the City Council is in agreement with those reasons expressed 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 for Grace Lutheran Church MOTION seconded by Councilperson Peach , and adopted by the City Council at a Special Meeting this 22nd day of July , 1980, by roll call vote as f 011 ows : Aye: Windschitl, Lachinski, Orttel, Jacobson, Peach Naye: None Absent: None Not Voting: None CITY OF ANDOVER ATTEST: ~ ~ ~ ~ AI· Jerr. Wind hlt - Mayor Patricia K. Lindquist - City Clerk \ \ ) , I, ), CITY OF ANDOVER ~ ) '- COUNTY OF ANOKA '--../ \ , STATE OF MINNESOTA NO. RSg-SO / MOTION by Councilperson Jacobson to adopt the following: , A RESOLUTION SETTING, FORTH CRITERIA AND PROCEDURES FOR THE ISSUANCE OF INDUSTRIAL REVENUE BONDS AND TAX EXEMPT MORTGAGE FINANCING. . WHEREAS, the City of Andover is a growing and expanding community within the Metropolitan Area; and WHEREAS, Minnesota Statutes,' Chapter 474, 'permits municipalities to assist enterprises wishing to locate in the City through the is~uance of Industrial Revenue Bonds and Tax Exempt Mortgage Notes; and WHEREAS, it has been deemed desirable by the Andover City Council to issue such tax exempt financing to encourage the development of sound business and industrial interests in the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby require the following criteria and procedures be followed in the issuance of Industrial Revenue Bonds and other tax exempt financing: I. The project shall be compatible with the zoning and land use ordinances of the City of Andover. \ - II. The project shall be of a nature that the City wishes to J attract or an existing business which the City wishes to have expand within the City. The following shall be considered as they relate to the proposed project: A. Potential for employment B. ]ncentive for future development C. Impact on City service needs D. Support for industrial or commercial operations currently located in the City. III. Any faci 1 ity must be of a type readily adaptable to a successor tenant. IV. Tax exempt mortgage financing will be allowed as an alternative to bond financing, but will be subject to the same policy rules and regulations. v. The applica~trs proposed facility or expansion shall provide additional jobs in the City of ,Andover. . VI. The applicant shall be required to furnish seven copies of the fo 11 owi ng: A. Certified annual audits, or audit reports acceptable to the City, for the last three years. , ) B. The most recent quarterly financial figures C. Most current Dunn & Bradstreet rating (if applicable) D. Applicant's realistic financial forecast for a period of not less than three years. E. Such other information as may be required by the City to allow a comprehensive review of the application. , ( , U Resolution' No. '-/ Page 2 . " .-/ Publicly held applicants shall submit the most recent form l~-K VII. and quarterly form lO-Q Securities and Exchange Commission Reports in lieu of Item A through &, Section VI. VIII. The City Council may submit all financial data to analysts of their choice. Such financial analysts will review the data and make such written comments to the Council as to the current and projected financial position of the applicant to allow the City Council to comprehensively review and evaluate the application. IX. The following information shall also be required on all commercial development projects: A. The proposed use of the facility B. The project's estimated minimum and maximum size and/or capacity. C. Estimated range of costs for facility for: 1. Building Construction 2. Furnishings 3. Property development 4. Land acqui s ition 5. Professional fees a. architectural engineering , .. b. legal \ fiscal , --./ c. 6. Other (detail) D. Applicant's legal interest in land E. A listing of all members of any corporation, partnership, or other organization which will have a legal and fiscal interest in the ownership and management of the project and indentification of that interest. F. A listing of credit and professional references for all interested parties (if applicable) G. Resume of any person, partnership, or corporation which will own or manage any portion of the facility. H. If any of the project is to be leased by other parties, an indentification of those parties and a showing of commitment for such lease. I. Statement as to the fiscal financing method to be used, i.e. bonds, mortgage revenue note or unsecured debt. J. If interim financing is required, a showing of a binding commitment for that financing from a reputable lender. \, \ ) K. Statement as to whether the financing instruments will be sold to individuals, insurance companies, saving institutions or other. , - '\ \ Resolution No. U \J . Page 3 ) L. If considered appropriate by the City, a financing feëiSibil iW report may be required, which wi 11 detai 1 those physical service and financial factors which will indicate the future of the proposed facility. M. Method of payment of all public costs to be incurred in the development of the property. N. Name of the underwriter or investment banker who will be selected to place the final financing. A list of at least five (5) other issues which have been completed by the underwriter or banker shall be provided. O. Name of the proposed trustee. X. It is the intent of the Andover City Council not to approve commercial development unless the following criteria has been met: A. The loan is secured by a real estate mortgage and there is a determination that the real estate value shall be equal to at least 90% of the total bond issue or note. B. The type of financing is a mortgage revenue note which will be sold only to institutional, not individual, \ investors. , / C. The proposed underwriter is known to the City or has satisfied the City as to its history and reliability. D. The project is found to not be detrimental to the health,~,sâfety, or welfare of the citizens of the City of Andover. XI. The following informational shall be furnished for all Industrial Revenue Bonds: A. Specific proposed use of the facility B. A listing of all the facilities owned or operated by the applicant. C. The estimated costs of the facility classified by: 1- Building Construction 2. Furnishings or non-fixed equipment 3. Land acquis ition 4. Property development 5. Professional fees a. Architectural engineering '\ b. Legal '--) c. Fiscal 6. Other (detail) . (J (~ Resolution No. . Page 4 D. Applicant's legal interest in land '\ ) E. Description of the corporation including a resume of owners, if privately held, or a resume of major officers of a Board of Directors of publicly held corporations. F. If interim construction financing is required, a commitment for such financing from a reputable lender. G. A statement as to the final financing vehicle indicating whether the instrument should be bonds, mortgage revenue notes, or unsecured debt. H. Method of payment to the City of all public costs. I. A resume of the underwriters, including a listing of five other comparible offerings which have been placed with that underwriter. J. A listing of all other corporate debt by amount, date of obligation, annual r~ired payments, obligee, and type of security. K. Any other criteria or documents requested by the Minnesota Department of Economic Development. '\ XII. It is the intent of the Andover City Council not to approve \ ) any industrial revenue issue unless the following criteria are met: A. Financial instruments are to be secured by a mortgage and no senior unsecured debt would be approved. B. A Debt Service Schedule shall be fixed to coincide with the useful life of any equipment or furnishings which are not considered an integ~al~ part of the building. C. A certificate is furnished which indicates that the building and the furnishings value shall be equal to at least 90% of the total amount of the issue. D. Net earnings statement for the last three years should show net earnings exceed the total anticipated annual cost of debt service on the issue by two times. XIII. All data required herein shall be furnished by the applicant to the City of Andover at least thirty days prior to the meeting at which the City Council is to consider the resolution for the preliminary approval of the project. The City may submit any or all the data to its financialadvisor for review and comment prior to consideration of the preliminary resolution. '\ \_/ X I iI· The applicant shall select qualified financial advisors and/or underwriters to prepare all necessary documents and materials required for a Municipal Industrial Development Bond Sale, and/or other Tax Exempt Financing. Such financial advisoqunderwriter will submit a letter of intent which addressES the feas ibi1 ity of the project. . . . (J U Resolution No. . . Page 5 :) XV. The applicant must not commence any part of the construction of the project until there has been preliminary approval by the Council on the application for financing. XVI. The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to adopting the final resolution authorizing issuance of the industrial development bonds or tax exempt mortgage notes. XV I I. The City is to be reimbursed and held harmless for and from any out- of-pocket cost related to the actual or proposed issuance of the bonds or notes, including, but not limited to, legal fees and financial analysts fees. To insure payment of such out-of-pocket expenses, the applicant shall post a cash deposit in the amount of 1/2 of 1% of the total proposed bond amount, but not to exceed $5,000. In addition to such cash deposit, the applicant shall pay a $500 non-refundable filing fee upon submission of the application. XV II I. The City's goal will be to approve applications meeting all the above policy criteria and, further, that applicants be well established companies with good performance records and good future prospects, and/or new companies whose performance indicates a sound future in terms of earnings prospects and product acceptance. MOTION seconded by Councilperson Peach and adopted by the City Council , '\ at a Special Meeting this day of , 1980, by roll call vote '- .; 22nd .111 1 Y as follows: Aye: Windschitl, Jacobson, Lachinski, Peach Naye: None Absent: Orttel CITY OF ANDOVER ATTEST: /~: Jerry Windschitl - Mayor _/A , '\ '.__J (\ U . \...J .. ., CERTIFICATION OF MINUTES RELATING TO \.J INDUSTRIAL DEVELOPMENT REVENUE BONDS Issuer: City of Andover, Minnesota Governing Body: City Council 0 Kind, date, time and place of meeting: A ~~ meeti~J' held on\JU1Y~1980, at 7;?ð O'C oc t£.M., t 'Ii ,ð'l-- a . L./JI.,.y (~- ('1 . Members present: Members absent: ~ ~ Documents Attached: Minutes of said meeting (pages): HINUTES OF PUBLIC HEARING ON PROPOSED PROJECT RESOLUTION NO. if'ð" gò ,.-- RESOLUTION GIVING PRELIMINARY APPROVAL TO \,J A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording " officer this 29th day of July, 1980. J Signature Patricia K. Lindquist, ( SEAL) City Clerk-Treasurer . c.J (j . . '\ \ The Mayor stated that this was the time and place 'J fixed by Resolution No. 83-80 of this Council, adopted on July 1, 1980, for a public hearing on the proposal that the City undertake and finance a Project on behalf of Lynn C. Boehland an individual residing in Ramsey, Minnesota (the Borrower) pursuant to Minnesota Statutes, Chapter 474. The City Clerk presented an affidavit showing publication of the notice of the public hearing at least once not less than 15 nor more than 30 days prior to the date fixed for the public hearing, in the Anoka County Union, being the official newspaper of the City and in the Minneapolis Star, being a newspaper of general circulation throughout the City. The affidavits were examined, found \ '-~ to be satisfactory and ordered placed on file with the City Clerk-Treasurer. The Mayor then opened the meeting for the public hearing on the proposal to undertake ~nd finance the project on behalf of the Borrower. The purpose of the hearing was explained, the nature of the project and of the proposed revenue bonds were discussed, the draft copy of the Application to the Commissioner of Securities with all attachments and exhibits were available, and all persons present who desired to do so were afforded an opportunity to express their views with respect to the proposal to undertake and finance the project, in response , \ '-~ f -, , U u . :~J to which the following persons appeared, were recognized a"d made statements, summaries of which appear opposite their respective names: Name of Speaker Summary of Views . .'~- / '\ \.~ After all persons who wisherl to do so had stated their views on the proposal, the Mayor declared the public hearing to be closed. After some discussion, motion for the following Resolution was made by Member : '\ \_j _"u ._. _. _ · lJ () RESOL UTION NO. Cl () -P{) ,~ RESOLUTION GIVING PRELIMI;ARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Andover, Minnesota (the Municipality), as follows: SECTION 1 Recitals and Findings 1.1. This Council has received a proposal that the Municipality finance a portion or all of the cost of a proposed project under Minnesota StAtutes, Chapter 474 (the Act), consisting of the construction and equipping of a dental clinic, office space and Telated facilities (the Project) by Lynn C. Boehland an individual residing in Ramsey, Minnesota (hereinafter the Borrower). To be leas.ed by th. e Borrower to L. C. Boehland, Chart~ered, a ~ Minp~sota pJ:ofe~i? ional ,co1;;P'pr9Jt j"pn, éJJnd o tR3J I? ., ~ ..,(~.4J ftV¡;t.J'1.£-1-'SJ-<-f ~ lb~ 0,'U. f~fziJA,,~ I?~ ~'-"'~ I \ 1.2. At a public hearing, duly noticed and held on 'J July 29, 1980, in accordance with the Act, on the proposal to undertake and finance the Project, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. Based on such hearing and such other facts and circumstances as this Council deems relevant, this Council hereby finds, determines and declares as follows: (a) The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and the State has encouraged local govp.rnment units to act to prevent such economic deterioration. (b) The Project would further the general purposes contemplated and described in Section 474.01 of the Ac t. J r '\ (' ') ( ) . '--" "---./ . \_) (c) The existence of the Project would add to the tax base of the Municipality, the County and School District in which the Project is located and would provide increased opportunities for employment for residents of the Municipality and surrounding area. Cd) This Council has been advised by the Borrower that conventional, commercial financing to pay the cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, but that with the aid of municipal borrowing, and its resulting lower borrowing cost, the Project is economically more feasible. (e) This Council has also been advised by the Borrower that on the basis of his discussions with potential buyers of tax-exempt bonds, revenue bonds of the Municipality (which may be in the form of a commercial development revenue note or notes) could be issued and sold upon favorable rates and terillS to finance the Project. (f) The Municipality is authorized by the Act to issue its revenue bonds to finance capital projects consisting of properties used and useful in connection , " with a revenue producing enterprise, such as that of the \,-) Borrower, and the issuance of . bonds by the sueD Municipality would be a substantidl inducement to the Borrower to acquire and construct the Project. SECTION 2 Preliminary Approval of the Project 2. l. On the basis of information given the Municipality to date, it appears that it would be desirable for the Municipality to issue its revenue bonds under the provisions of the Act to finance the Project in an amount not exceeding $275,000. 2.2. It is hereby determined to proceed with the Project and its financing and the Project is hereby given preliminary approval by the Municipality and the issuance of revenue bonds of the Municipality in such amount is hereby approved, subject to the approval of the Project by the Commissioner of Securities, the fulfillment of such other conditions as the Municipality may require with respect to the issuance of its bonds in connection with the Project, and the mutual agreement of this Council and the Borrower as to the details of the bond issue and '\ J " / -- (-, I ') . ~~ ~J . . " "\ provisions for their payment-In all events, it is \~ understood, however, that the bonds of the Municipality shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Municipality, except the Project, and each bond, when, as and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the Municipality. 2.3. The form of the Application to the Commissioner of Securities, with attachments, is hereby approved, and the Mayor and City Clerk-Treasurer ~re authorized to execute said documents in behalf of the Municipality. 2.4. In accordance with Section 474.10, Subdivision 7a of the Act, the Mayor and City Clerk-Treasurer are hereby authorized and directed to cause said Application to be submitted to the Commissioner of Securities for approval of the Project. The Mayor, City Clerk-Treasurer, City Attorney and other officers, employees and agents of the Municipality are hereby authorized and directed to provide , the Commissioner with any preliminary information the Commissioner may need for this purpose, and the City , / ~ Attorney is authorized to initiate and assist in the \~ preparation of such documents as may be appropriate to the Project, if it is approved by the Commissioner. SECTION 3 General 3.1. If the bonds are issued and sold, the Municipality will enter, into a lease, sale or loan agreement or similar agreement satisfying the requirements of the Act (the Revenue Agreement) with the Borrower. The lease rentals, installment sale payments, loan payments or other amounts payable by the Borrower to the Municipality under the Revenue Agreement shall be sufficient to pay the principal, interest and redemption premium, if any, on the bonds as and when the same shall become due and payable. 3.2. The Borrower has agreed and it is hereby determined that any and all direct and indirect costs incurred by the Municipality in connection with this Project, whether or not the Project is carried to completion, and whether or not approved by the Commissioner of Securities, and whether or not the Municipality by resolution authorizes the issuance of the bonds, will be paid b~ the Borrower ~ \ upon request. " j ,~ '\ ) , ) \ ~ \._, ""-.~ . . :,) 3.3. The Mayor and City Clerk-Treasurer are directed, if th~ bonds are issued and sold, thereafter to comply with the provisions of Minnesota Statutes, Section 474.01, Subdivision 8. Adopted this 29th day of July, 1980. ~/ tv' ~-~¿4 Ö Mayor Attest: City Clerk-Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Member ~ and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the s~~e: :- ) ~ ! whereupon the resolution was declared duly passed and adopted and was signed by the Mayor whose signature was attested by the City Clerk-Treasurer. - - ) --..../ , CM-{)0424,01 ThlOIlCJIliOn mul1 b. lubml".d to Commlulon.r In Ocau , '\ a11~Ü STATE OF MINNESOTA DEPARTMENT OF COMMERCE - SECURITIES DIVISION \ \J APPLICATION -- FOR APPROVAL OF MUNICIPAL INDUSTRIAL REVENUE BOND PROJECT Date To: Minnesota Department of Commerce Securities Division 500 Metro Square Building St, Paul, Minnesota 55101 The governing body of Andover i Cou nty of Anoka , Minnesota, hereby app!ies to the Commissioner of the State of Minnesota, Securities Division of the Department of Commerce, for approval of this community's proposed municipal Industrial Revenue Bond Issue, as required by Section " Subdivision 7, Chapter 474, Minnesota Statutes. We have entered into preliminary discussions with: FlAM William C, Rademacher ADDRESS 6268 Boone Avenue North "- CITY Brooklyn Park STATE Minnesota 55428 , '-J State of Incorporation if partnership or other entity formed - Minnpsota Roger D. Gordon 2380 American National Bank Bldg. Attorney Winthrop, Weinstine & Sexton Address Saint Paul, Minnesota 55101 Name of Project Andover Community Shopping Center pro;ect This firm is engaged primarily in {nature of business}: operation of retail storps and shopping center development The funds received from the sale of the Industrial Revenue Bonds will be used to (general nature of project): finance a portion of the cost of acquisition of lann, rnn~r"""lction and equipping of a shoppinq center It will be located in Andover, Minnesota . The total bond issue will be approximately $ 4,300,000 to be applied toward payment of costs now estimated as follows: Cost Item Amount Land Acquisition and Site Development $ 450,000 Construction Contracts 3,230,000 -~ Equipment Acquisition and Installation ¡' " Architectural and Engineering Fees 170,000 : .......... Legal Fees 40,000 Interest during Construction 225.000 Initial Bond Reserve 25,000 Contingencies 30,000 Bond Discount 130 ,000 Other , , It is presently estimated t~aQnstruction will b(:gin on or ¿¡bout ) Ypril 1 1981 , -' and will he completed on or about April 1 , 19 -ª-L . When completed, there will be in ~xcers ø~~~ßMHR~ 100 new jobs created by the project at an annual payroll of ~ÐXW:l~wf¥ in ~XC~Sq $ 1,000,000 based upon currently prevailing wages. ~,) The tentative term of the financing is 15 years, commencing April , 19 -ªL. . - The following exhibits are furnished with this application and are incorporated herein by reference: 1. An opinion of bond counsel that th~ proposal constitutes a project under Minnesot3 Stat., Chapter 474.02. 2. A copy of the city council resolution giving preliminary approval for the issuance of its revenue bonds. 3. A comprehensive 5tatement by the mun;cipality indicating how the project satisfies the public purpose of Minnesota Stat., Chapter 474.01. 4. A letter of ir.terit to purchase the bond issue or a letter confirming the feasibility of the project from a financial standpoint. 5. A statement, signed by the Mayor, to the effect that UPOI') entering into the revenue agreement, the information required by Minn. Stat. Sec. 474.01 Subd. 8 will be submitted to the Depart- ment of Economic Development. 6. A statement signed by the Mayor, that the pro;ect does not include any property to be sold or affixed to or consumed in the production of property for sale, and does not include any housing facility to be rented or used as a permanent residence. 7. A statement signed by the Mayor that a public hearing was conducted pursuant to Minn. Stat. 474,01 Subd. 7b. The statement shall include the date, time and place of the meeting and that ,) all interested parties were afforded an opportunity to express their views. 8. A copy of the notice of puqlication of the public hearing. We, the undersigned, are duly elected representatives of Andover , Minnesota, and solicit your approval of this project at your earliest convenience so that we may carry it to a final conclusion. ------ Siç¡ned by: (Principal Officers) ~f~A1 ~. ¿;vi, í t?__ " ayor :II, This approval shall not be deemed to be an approval by the Commissioner or the state of the feasibility of the project or the terms of the lease to be 'executed or the bonds to be issued-therefor. Date of Approval " Commissioner of Securities '\ Minnesota Department of Commerce ~ . ü U WINTHROP, WEINSTINE &. S EXTO N ,) ATTORN EYS AT LAW SHERMAN WINTHROP 2380 AMERICAN NATIONAL BANK BUILDING (612)292-8110 ROBERT R, WEINSTINE - THOMAS oJ. SEXTON SAINT PAUL, MINNESOTA 55101 RICHARD A. HQEL ROGER D. GORDON STEVEN C. TOUREK WILLIAM ...t. MILLER HART KULLER MARY E. CURTIN DAVID P, PEARSON THOMAS M. HART IV DARRON C.KNUTSON July 1, 1980 Ms. Mary Alice Brophy Commissioner of Securities Minnesota Department of Commerce Securities Division 500 Metro Square Building Saint Paul, Minnesota 55101 Re: City of Andover - $4,300,000 Commercial Development Revenue Note(s) of 1980 (Andover Community Shopping Center Project) Dear Ms. Brophy: "- We have reviewed a resolution adopted by the governing body of Andover, Minnesota, , ) '-.J entitled "Resolution Giving Preliminary Approval to a Project Under the Municipal Industrial Development Act; Referring the Proposal to the Commissioner of Securities for Approval; and Authorizing the Preparation of Necessary Docum ents" relating to a proposal that the City issue its revenue bonds under Minnesota Statutes, Chapter 474, to finance, in whole or in part, a project in behalf of William C. Rademacher, an individual, or a partnership or other entity to be formed by him (the "Borrower"). On the basis of our review of the resolution and prelim inary discussions with the Borrower, as to the nature of the project and the proposed financing, it is presently our opinion that the project constitutes a "project" within the meaning of Minnesota Statutes, Section 474.02, Subdivision 1 (a), and that the City IS authorized, assum ing further proceedings are taken in accordance with the provisions of Chapter 474 and any other applicable law, to issue its revenue bonds as proposed by the resolution. ~ Very truly yours, WINTHROP, WEINSTINE & SEXTON By- Roger D. Gordon RDG/nat ,J C) ()r / ,) CERTIFICATION OF MINUTES RELATING TO $4,300,000 INDUSTRIAL DEVELOPMENT REYENUE NOTE . Issuer: City of Andover, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on July 1, 1980, at 7:30 o'clock p.m., at the City Hall. Attendance at the Meeting: Present Absent Jacobson / X Lachinski 9 Orttel Peach ~ Windschitl Docum ents Attached: Minutes of said meeting (pages): RESOLUTION NO. q 1- gù '\ ,_J RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents.attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting was duly held by the governing )ody at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this 3ø ~ay of July, 1980. Signa ture \ "'~ (SEAL) Pat Lindquist - City Clerk, Acting Administrator 0 ( ') "'-..J (J Councilmember J~ offered the fOlloWjnl£.;~on and moved its adoption, which motion was seconded by Councilmember 1/, : - RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT; REFERRING THE PROPOSAL TO THE COMMISSIONER OF SECURITIES FOR APPROVAL; AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS BE IT RESOLVED by the City Council of the City of Andover, Minnesota (the "City"), as follows: SECTION 1 Recitals and Findings 1.1 This Council has received a proposal that the City finance a proposed project under Minnesota Statutes, Chapter 474 (the "Act"), consisting of the acquisition of land and constructing and equipping thereon a shopping center (the "Project") by William C. Rademacher, an individual, or by a partnership or other entity to be formed by him (the "Borrower"). / \ 1.2. At a public hearing, duly noticed and held on ~ , 1980, in accordance \J with the Act, on the proP9sal to undertake and fina ce the Project, all parties who appeared at the hearing were given an opportunity to express their views with respect to the proposal to undertake and finance the Project. Based on such hearing and such other facts and circumstances as this Council deems relevant, this Council hereby finds, determines and declares as follows: (a) The welfare of the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce through governmental acts to prevent, so far as possible, emergence of blighted lands and areas of chronic unemployment, and the State has encouraged local government units to act to prevent such economic deter ior a tion. i (b) The Project would fu~ther the general purposes contem pIa ted and I ¡ I described in Section 474.01 of the Act. (c) The existence of the Project would add to the tax base of the City, the County and the School District in which the Project is located and would provide increased opportunities for employment for residents of the City and surrounding area. (d) This Council has been advised by a representative of the Borrower that conventional, commercial financing to pay the cost of the Project is available " -" only on a limited basis and at such high costs of borrowing that the economic \ ) feasibility of operating the project would be significantly reduced, but that ---- with the aid of municipal borrowing, and its resulting lower borrowing cost, the Project is economically more feasible. . 0 '\ U ~--) (e) This Council has also been advised that on the basis of their discussions with investment bankers, underwriters or buyers of tax-exempt bonds, revenue bonds of the City could be issued and sold upon favor~ble rates and terms to finance the Project. . (f) The City is authorized by the Act to issue its revenue bonds to finance capital projects consisting of properties used or useful in connection with a revenue producing enterprise, such as that of the Borrower, and the issuance of such bonds by the City would be a substantial inducement to the Borrower to acquire and install the Project. SECTION 2 PreJiminary Approval of Project 2.1. On the basis of information given the City to date, it appears that it would be in the best interest of the City to issue its revenue bonds under the provisions of the Act to finance the Project in an amount not exceeding $4,300,000. 2.2 It is hereby determined to proceed with the Project and its financing and the Project is hereby given preJiminary approval by the City and the issuance of revenue bonds of the City (which may be in the form of a commercial development revenue note or notes) in such amount as hereby approved, subject to the approval of the Project by the Commissioner of Securities, the fulfillm ent of such other conditions as the City may require with respect to the issuance of its revenue bonds in connection with the Project, ~-) and the mutual agreement of this Council and the Borrower as to the details of the revenue bonds and provisions for their payment. In all events, it is understood, however, that the revenue bonds of ~he City shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, except the Project, and each revenue bond, when, as and if issued, shall recite in substance that the revenue bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not constitute a debt of the City. 2.3. The form of the Application to the Commissioner of Securities, with attachments, is hereby approved, and the Mayor and City Clerk are authorized to execute said documents on behalf of the City. 2.4. In accordance with Section 474.10, Subdivision 7a, of the Act, the Mayor is hereby authorized and directed to submit the proposal for undertaking the Project to the Commissioner of Securities requesting approval of the Project. The Mayor, City Clerk, City Attorney ;nd other officers, employees and agents of the City are hereby authorized and directed to provide the Commissioner with any preJiminary information the Commis- sioner may need for this purpose, and the City Attorney is also authorized, in cooperation with bond counsel, to initiate preparation of such documents as may be appropriate to the Project in order that, if it is approved by the Commissioner, it may be carried forward expeditiously. SECTION 3 General "\ 3.1. If the revenue bonds are issued and sold, the City will enter into a lease, sale or loan "-~ agreement or similar agreement satisfying the requirements of the Act (the "Revenue Agreement") with the Borrower. The lease rentals, installment sale payments, loan r \ l) . I , '---../ ~J payments or other amounts payable by the Borrower to the City under the Revenue Agreement shall be sufficient to pay the principal, interest and redemption premium, if any, on the revenue bonds as and when the same shall.become""due and payable. 3.2. All commitments of the City expressed herein are subject to the condition that within twelve (12) months from the date of adoption of this resolution (or such other date as shall be mutually satisfactory to the City and the Borrower) the City and the Borrower shall have agreed to mutually acceptable terms and conditions of the Revenue Agreement, the revenue bonds and of the other instruments and proceedings relating to the revenue bonds, and their issuance and sale. 3.3 If the events set forth herein do not take place within the time set forth above or any extension thereof and the revenue bonds are not sold within such time, this resolution shall expire and be of no further force or effect. The Borrower has agreed and it is hereby determined that any and all direct and indirect costs incurred by the City in connection with this Project, whether or not the Project is carried to completion, and whether or not approved by the Commissioner of Securities, and whether or not the City by resolution authorizes the issuance of the revenue bonds, will be paid by the Borrower upon request. 3.4. The Mayor is directed, if the revenue bonds are issued and sold, thereafter to comply with the provisions of Minnesota Statutes, Section 474.0 I, Subdivision 8. Adopted by the Council this C:;9 day of CJ7~ , 1980. ~J APprove~ð< ~~ ,/ ( Mayor , Attest· City Clerk-Acting (SEAL) Upon call of the roll, the vote on said motion was as follows: In Favor Opposed Absent Not Voting ,. Jacobson ~ Lachinski X Orttel V Peach '>t Windschitl x.. \ \j . . (j (~ COMPREHENSIVE STATEMENT \,J The undersigned, being the duly elected Mayor of the City of Andover, Minnesota (the "City"), hereby certifies that the City Council of the City has been provided by William C. Rademacher, an individual, on behalf of himself or' a partñership or other entity to be formed by him (the "Borrower"), with certain information concerning a proposed Project under the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474. On the basis of such information the City Council, by resolution adopted 4'1" ~$ , 1980, has given preliminary approval to the proposed Project and the financin.: th reof by the issuance of revenue bonds of the City. The following are factors considered by the Council in determining to give preliminary approval to the Project: 1. The Project consists generally of: Acquisition of land and the construction and equipping thereon of a 100,000 square foot shopping center. 2. Bond Counsel is of the opinion that the Project constitutes a "project" within the meaning of Minnesota Statutes, Section 474.02, Subdivision l(a). 3. Based upon a total cost of construction of approximately $3,900,000, it is the opinion of the City Council of the City that the Project, when completed, will add significantly to the commercial tax base of the City, and the County and the School District in which the Project is located. 4. Representatives of the Borrower estimate that upon completion of the , '~ Project in excess of one hundred (IOO) additional persons will be em ployed in , ) the operation of the Project, which would provide increased employment - opportunity for reside~ts of the City and surrounding area. 5. Representatives of the Company estimate the acquisition and construc- tion of the Project will result in an additional annual payroll in excess of $1,000,000 based on wage rates currently in effect. The City Council believes a substantial percentage of that payroll will be spent on housing, food and other goods and services in the City and surrounding area, thus benefiting the local economy. The City will provide the Minnesota Department of Economic Development with the information required by Minnesota Statutes, Section 474.01, Subdivision 8, upon entering into a revenue agreement, as defined in the Act, with the Borrower. The Project do~s not include any property to be sold or affixed to or consumed in the production of property for sale, and does not include any housing facility to be rented or used as a permanent residence. A public hearing on the proposal to undertake and finance the Project ,":as Fonducted pursuant to Minnesota Statutes, Section 474.01, Subdivision 7b, on .;¿ "1 tJ-...e..-Lr , 1980, at 'Î~ jò o'clock .£.M., in the Andover City Hall, Andover, MinQ€sotqj àt which public hearing all interested parties were afforded an opportunity to express their views. Dated: 9'0- ffø ~ · 1980. ~ i. .La:/ . . -'tAd'" I: tl""" « ¡ \ Mayor \-.) Attest: City Clerk - Acting Administrator (SEAL) . . (J U 800 Multifoods Building 733 Marquette Avenue Minneapolis, Minnesota 55402 612/371-61lI ::J ~ Piper, Jaffray & Hopwood . _ ~ INCORPORAtED Established 1895 Member New York Stock Exchange. Inc, June 30, 1980 Honorable City Council City of Andover Andover, Minnesota Re: Andover Community Shopping Center Project Round Lake Boulevard and Bunker Lake Boulevard Andove~, Minnesota William C. Rademacher - Developer Gentlemen: At the request of Mr. William C. Rademacher, we have conducted an informal study as to the economic feasibility of the proposal that the City of Andover issue its revenue bonds in an amount not to exceed $4,300,000 under the provisions of the Minnesota Municipal Industrial Development Act to finance :,J the construction of a commercial development project, to be leased to the Company. .. Our study has led us to conclude that on the basis of current financial conditions the project is economically feasible and the revenue bonds of the City can be successfully issued and sold. We propose to purchase the bonds subject to the approval of the project by the City of Andover and the Minnesota Department of Economic Development. Sincerely yours, ~ WEW/ jh ::J . . . . 0 0 NOTICE OF PUBLIC HEARING ON A PROPOSED PROJECT AND THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER THE MUNICIPAL ;-) INDUSTRIAL DEVELOPMENT ACT, MIN-NESOT A ST A TUTES, CHAPTER 474, AS AMENDED CITY OF ANDOVER, MINNESOT Á NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Minnesota, will meet on July _, 1980, at o'clock .M., at the City Hall, 1685 Crosstown Blvd., N. W., Anoka, Minnesota 55303, for the purpose of conducting a public hearing on a proposal that the City issue revenue bonds, in one or more series, under the Municipal Industrial Develop- ment Act, Minnesota Statutes, Chapter 474, as amended, in order to finance the cost of a project. The proposed project will consist of the acquisition of land and the construction and equipping thereon of a shopping center by William C. Rademacher or a partnership or other entity to be formed by him. The estimated total amount of the proposed bond issue is $4,300,000 and interest thereon shall be payable solely from the revenue pledged to the payment thereof, except that such bonds may be secured by a mortgage or other encumbrance on the project. No holder of any such bond shall ever have the right to compel any exercise of the taxing power of the City to pay the bonds or the interest thereon, nor to enforce payment against any property of the City except the project. A draft copy of the proposed application to the Minnesota Commissioner of Securities for approval of the project, together with all attachments and exhibits thereto, is ayailable for public inspection at the office of the City ,- -,,- Clerk between the hours of 9:00 A.M. and 5:00 P.M. , \J All persons interested may appear and be heard at the time and place set forth above. Dated: , 1980. BY ORDER OF THE CITY COUNCIL By Pat Lindquist City Clerk - Acting Administrëftor ,- "" , '_../ \ \ \ ~ ') , ) '- > \.~ ,- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ) NO. R92-80 MOTION by Councilperson to adopt the following: A RESOLUTION ACCEPTING FINAL PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF SANITARY SEWER, PUBLIC WATER, STREETS, AND STORM SEWERS IN THOSE PARTS OF SECTION 29-32-24 AND SECTION 32-32-24 UNDER PROJECT NO. 1980-3; AND DIRECT THE CITY CLERK TO ADVERTISE FOR PUBLIC BIDS FOR SUCH CONSTRUCTION. WHEREAS, the City Council did on the 9th day of June, 1980, direct the Firm of Toltz, King, Duvall, Anderson & Associates to prepare final plans and specifications for the improvements of sanitary sewer, public water, storm sewers and streets in those parts of Section 29-32-24 and Section 32-32-24; and WHEREAS, such final plans and specifications were presented to the City Council on the 28th day of July, 1980; and WHEREAS, the City Council found all such plans and specifications to be acceptable; and WHEREAS, the City Council did have additional questions on the sewer lateral construction on Round Lake Boulevard from 141st Avenue to 144th Avenue; and WHEREAS, the City Council also did question the need for construction ) of 139th Avenue Northwest; and WHEREAS, Toltz, King, Duvall, Anderson & Associates were directed to prepare additional cost figures in these areas with presentation to the City Council on the 5th day of August, 1980. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the final plans and specifications as prepared by Toltz, King, Duvall, Anderson & Associates for the construction of sanitary sewer, public water facilities, bituminous streets and storm sewers in those parts of Section 29-32-24 and Section 32-32-24 under Improvement Project No.1980-3. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to advertise for public bids for the construction of such improvements. MOTION seconded by Councilperson and adopted by the City Council at a Special Meeting this 29th day of July , 1980, by roll call vote as follows: Aye: Windschitl, Lachinski, Orttel, Peach Naye: None Not Voting: None Absent: Jacobson / CITY OF ANDOVER ATTEST: Patricia K. Lindquist - City Clerk ~--Z1-~ "/- 4;7' e ry Wi sch tl - Mayor RESOLUTION NO. RESOLUTION DETERMINING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DOMAIN WHEREAS, the City Council has heretofore determined that the City of Andover should construct street and storm drainage system to serve residences along 138th Avenue Northwest and Xavis Street Northwest within the City of Andover; and WHEREAS, as a result of this construction it is necessary to acquire easements for drainage purposes across certain properties; and WHEREAS, the City has determined the necessity to acquire an easement over certain property owned by Matthews Builders, Inc.; and WHEREAS, negotiations for the acquisition of such easement have proved unsuccessful; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. Acquisition by the City of the following described property is necessary for the purpose of a storm sewer pipe. That said property over which the easement would run is as follows: A permanent easement for storm sewer drainage purposes over the East 20 feet of the following described property: All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the South line of said South Half of Northeast Quarter distant 490.0 feet West from the Southeast corner of said South Half of the Northeast Quarter, thence North at right angles to the said South line a distance of 420 feet, thence West and parallel with the South line of said South Half of the Northeast Quarter a distance of 74.0 feet to the actual point of beginning of the land to be hereby described, thence North on a line drawn at right angles to South line of said South Half of the Northeast Quarter for a distance of 210.0 feet, thence West and parallel with the South line of said South Half of the Northeast Quarter a distanceof 80.0 feet, thence South at right angles to said parallel line a distance of 60.0 feet, thence West and parallel with the South line of said South Half of the Northeast Quarter a distance of 81.20 feet, thence South at right angles to said parallel line a distance of 150 feet, thence East and parallel with the South line of said South Half of the Northeast Quarter a distance of 161.20 feet to the actual point of beginning. 2. The City Attorney is authorized and directed on behalf of the City to acquire an easement over the real estate above described by the exercise of the power of eminent domain pursuant to Minnesota Statutes, Chapter 117, and is specifically authorized to notify the owners of intent to take possession pursuant to Minnesota Statutes, Section 117.042. The City Attorney is further authorized to take all actions necessary and desirable to carry out the purposes of this resolution. 9+ Adopted by the City Council this /Sr:Þ day of , 1980. ~ I f' J2 ~ ¿ (/' ~ Mayor ATTES~ /".//- í / \.... ---- r ) (j CITY OF ANDOVER ( ) COUNTY OF ANOKA ~- STATE OF MINNESOTA \ NO. R94-80 } MOTION by Councilperson Jacobson to adopt the following: A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR STEVEN CHINANDER TO CONSTRUCT A 2-FAMILY HOME ON PLAT 65933, PARCEL 1690. WHEREAS, pursuant to published notice thereof, the Planning and Zoning Commission conducted a public hearing on the application of Steven Chinander for a Special Use Permit to construct a 2-family home on Plat 65933, Parcel 1690; and WHEREAS, as a result of such hearing and review, the Planning and Zoning Commission is recommending approval of the application; and WHEREAS, the Planning & Zoning Commission cites as reasons for such recommendation as being 1}a public hearing was held; no opposition was met, 2)the use would be compatible with the surrounding area in that there are several duplexes along 138th Avenue, and the property would serve its highest and best use with a duplex on it, 3)the Special Use Permit would not be contrary to good planning nor would it be detrimental to the health, safety and welfare of the general public, 4)the condition being the lot would front on 138th Avenue and have access thereon which would lend to the safety of the travelling public inasmuch as County Road 18 is a heavily travelled road, 5)the County Engineer has '\ written his approval to access onto 138th Avenue rather than County Road 18~" J and 6)a variance should be granted at the same time for the lot depth not meeting the required 130 feet as it fronts on 138th Avenue, 7)the size of the lot is more than adequate to meet the area requirements, the parcel is served by sanitary sewer, 8)the property is not served by public water and the solution to that will be handled by the building official, and 10)it meets the basic intent of the ordinances of the City of Andover; and WHEREAS, the City Council is in agreement with those reasons stated by the Planning & Zoning Commission with the exception of Item No. 6 as it deals with lot depth; and WHEREAS, the City Council acknowledges that Parcel 1690 is a metes and bounds description in which the dimensions are measured from the centerline of 138th Avenue thereby giving such parcel 150 feet of depth; and WHEREAS, the City Council further acknowledges that due to land topography no other exit except onto 138th Avenue can be used. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the application of Steven Chinander for a Special Use Permit to construct a 2-family home on Parcel 1690, Plat 65933. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby require such structure to face 138th Avenue Northwest~ \ MOTION seconded by Councilperson Peach ' and adopted by the City Council } at a Regular Meeting this 5th day of August , 1980, by vote as follows: Aye: Lachinski, Orttel, Peach, Jacobson Naye: Windschitl. ''"', \ ATTES::! // ~/W~ ..' ~. J (1;;;;;- '~i e y W, ,scliitl - Mayor Patricia K. Lindquist .J'city Clerk (J CITY OF ANDOVER ~) COUNTY OF ANOKA STATE OF MINNESOTA / NO. R95-80 MOTION by Councilperson Lachinski to adopt the following: A RESOLUTION ACCEPTING PLANS AND SPECIFICATION AND ORDERING ADVERTISEMENT FOR BIDS FOR THE SEALCOATING OF ALL STREETS IN THE NORTHWOODS ADDITION, NORTHWOODS SECOND ADDITION AND ALL RED OAKS ADDITIONS. WHEREAS, plans and specifications have been prepared for the sealcoating of all those streets in the Northwoods Addition, Northwoods Second Addition and all the Red Oaks Addition; and WHEREAS, such plans and specifications have been presented to the City Counci 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept plans and specifications for the sealcoating in the Northwoods Addition, Northwoods Second Addition and all Red Oaks Additions. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids for such sealcoating with these bids to be opened on Tuesday, August 19, 1980, 10:00 A.M. (COST). \ ¡ MOTION seconded by Councilperson Peach and adopted by the City Council at a Regular Meeting this 5th day of August , 1980, by roll call vote as follows: Aye: Windschitl, Lachinski, Orttel, Jacobson, Peach Naye:None Present but not voting: None Absent: CITY OF ANDOVER ATTEST: ~~~ e¡f' Y Win hit - r'1ayor Patricia K. Lindquist - City Clerk ) ) rJ '~) }4 t I . CERTh-, CATION OF MINUTES RELATI~ 'fO $4,365,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980, Series B ~ Issuer: City of Andover, Minnesota Governing Body: City Council Kind, date, time and place of meeting: a regular meeting held on Tuesday, August 5, 1980, at 7:30 o'clock P.r1., at the City Hall. Members present: Donald Jacobson, Theodore Lachinski, Kenneth Orttel, Robert Peach and Mayor Jerry Windschitl Members absent: None Documents Attached: Minutes of said meeting (pages): RESOLUTION NO. R96-80 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,365,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980, SERIES B OFFICIAL TERMS OF BOND SALE \ o ,---, NOTICE, OF BOND SALE If the undersigned, being the duly qualifed and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation 'in my legal custody, from which they have been transcribed; that said documents are a correct and com- 'plete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. _ WITNESS my hand as such recording officer this,'5'~0 day of August "-, o Patricia K. Lindquist, City Clerk- Name and Title Treasurer . ,. u u . Councilperson Jacobson introduced the following U resolution and moved its adoption: RESOLUTION NO. R96-80 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,365,000GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980, SERIES B BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization of Bonds. This Council has heretofore ordered the local improvements designated below to be constructed in the City and has entered or '.vill soon enter into a contract for the construction of each of said improvements, under and pursuant to Minnesota Statutes, Chapter 429, the designation and estimated total cost of said improvements being as follows: Project Designation Estimated Cost #7375A-Southwest Area $3,917,500 #7432-Northwest Area $ 361,000 ~) It is hereby determined to be necessary and expedient for the City to issue and sell its General Obligation Improvement Bonds of 1980, Series B, in the principal amount of $ 4,278,500 to finance the cost of said improvements, pursuant to Minnesota Statutes, Chapters 429 and 475; and to obtain the best bid for said bonds at public sale, to sell and issue an additional $ 86,500 principal amount of like bonds representing interest together with said bonds, pursuant to Minnesota Statutes, Section 475.56. 2. Terms of Sale; Notice. Springsted Incorporated, bond consultants to the City, has presented to this Council a form of Official Terms of Offering and a form of Notice of Sale for publication, which are attached hereto and shall be placed on file in the office of the City Clerk-Treasurer. Each and all of the pr~visions of the Official Terms of Offering ar-e hereby adopted as the terms and 'conditions of said bonds and of the sale thereof, and shall be made available to all prospective purchasers of the ~J bonds. The City Clerk-Treasurer is authorized and directed to cause the Notice of Sale to be published once in the official newspaper of the City, and once in the Commercial West, a financial periodical published in Minneapolis, at least ten days before the date ~f the sale specified in the Notice of Sale. , . () u . 4 3. Sale Date: This Council shall meet on Tuesday, 0 August 26, 1980, at 7:30 P.M., to receive, open and consider sealed bids for the purchase of the bonds, and to take such action thereon as is deemed in the best interests of the City. Hayor Attest: City Clerk-Treasurer The motion for the adoption of the foregoing resolution was duly seconded by Council person Orttel , and upon vote being taken thereon, the following voted in favor thereof: 0 All members and the following voted against the same: None whereupon said resolution was declared passed and adopted, and was signed by the Mayor and attested by the City Clerk-Treasurer. ~:J · 0 (J OFFICIAL TERMS OF OFFERING () $4,365,000 CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980, SERIES B Sealed bids for the Obligations shall be opened by the City Council on Tuesday, August 26, 1980, at 7:30 P.M., Central Time, at the Andover City Hall. Consideration of the bids for award of the Obligations shall immediately follow the opening of bids. DETAILS OF THE OBLIGATIONS The Obligations shall be dated October I, 1980 and shall bear interest payable on February I and August I of each year, commencing August I, 1981. The Obligations shall be general obligations of the Issuer for which the Issuer shall pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the Issuer shall pledge special assessments against benefited property. The Obligations shall be in the denomination of $5,000 in coupon form and non-registrable. The proceeds shall be used to finance various improvements within the City. The Obligations shall mature February I, in the amounts and years as follows: $105,000 1983-1984 $170,000 1989 $275,000 1994 $230,000 1999 $120,000 1985 $190,000 1990 $305,000 1995 $255,000 2000 $130,000 1986 $210,000 1991 $330,000 1996 $280,000 2001 $145,000 1987 $230,000 1992 $370,000 1997 $305,000 2002 $160,000 1988 $250,000 1993 $200,000 1998 :.j Obligations maturing in the years 1991 through 2002 shall be subject to payment in advance of their respective stated maturity dates beginning February I, 1986 and any February 1 thereafter. On December 15, 1985 and every December 15 thereafter the City shall determine the amount of moneys in the debt service fund for this Issue. Sums in excess of the next ensuing 15 months of debt service must be used to prepay outstanding Obligations, in increments of not less than $50,000. Redemption may be in whole or in part of the Obligations subject to prepayment. If redemption is in X1rt, those Obligations remaining unpaid which have the latest maturity date shall be preX1id first and if only part of the Obligations having a common maturity date are called for prepayment the specific Obligations to be prepaid shall be chosen by lot by the Paying Agent. All prepayments shall be at a price of par and accrued interest. TYPE OF BID A sealed bid for not less than $4,279,500 and accrued interest on the total principal amount of the Obligations shall be filed with the undersigned prior to the time set for the opening of bids. Also prior to the time set for bid opening a certified or cashier's check in the amount of $43,650 shall have been filed with the undersigned or SPRINGSTED Incorporated, the Issuer's Financial Advisor; no bid will be considered for which said check has not been filed. Said check of the Purchaser shall be retained by the Issuer as liquidated damages in the event the Purchaser fails to comply with the accepted bid. No bid shall be withdrawn after the time set for opening bids, unless the meeting of the Issuer scheduled for consideration of the bids is adjourned, recessed, or continued to another date without award of the Obligations having been made. Rates offered by Bidders shsJl be in integral multiples of 5/1 00 or 1/8 of 1%. No rate specified for a maturity shall exceed the rate specìfied for any s'ubsequent maturity. Obligations of the same maturity '0 shall bear a single rate from the date of the Obligations to the date of maturity and additional coupons shall not be used. AWARD The Obligations shall be awarded to the Bidder offering the lowest dollar interest cost to be -\ U . - ~) -. determined by the deduction of the premium, if any, from, or the addition of the discount, if any, -. to, the total dollar interest on the Obligations from their date to their final scheduled maturity. ~J The Issuer's computation of the total net dollar interest cost of each bid, in accordance with customary practice, shall be controlling. The Issuer shall reserve the right to: (i) waive non-substantive informalities of any bid or of matters relating to the receipt of bids and award of the Obligations, (ij) reject all bids without cause, and, (iii) reject any bid which the Issuer shall determine to have failed to comply with the terms herein. PA YING AGENT The Purchaser may name the Paying Agent but shall do so within two business days after the award of the Obligations. In the event of failure by the Purchaser to name the Paying Agent within said time the Issuer shall do so. The Issuer shall pay for the services of the Paying Agent. An alternate Paying Agent may be named by the Purchaser in the same manner as the principal Paying Agent is named, provided that there shall be no additional cost to the Issuer. CUSIP NUMBERS If the Obligations qualify for assignment of CUSIP numbers such numbers shall be printed on the Obligations, but neither the failure to print such numbers on any Obligation nor any error with respect thereto shall constitute cause for failure or refusal by the Purchaser to accept delivery of the Obligations. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. SETTLEMENT ~J Within 40 days following the date of their award the Obligations shall be delivered without cost to the Purchaser at a place mutually satisfactory to the Issuer and the Purchaser. Delivery shall be subject to receipt by the Purchaser of an approving legal opinion of Dorsey, Windhorst, Hannaford, Halladay & Whitney of Saint Paul and Minneapolis, Minnesota, which opinion shall be printed on the Obligations, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Obligations shall be made in federal, or equivalent, funds which shall be received at the offices of the Issuer or its designee not later than 1:00 P.M., Central Time of the day of settlement. Except as compliance with the terms of payment for the Obligations shall have been made impossible by action of the Issuer, or its agents, the Purchaser shall be liable to the Issuer for any loss suffered by the Issuer by reason of the Purchaser's non- compliance with said terms for payment. At settlement the Purchaser shall be furnished with a certificate signed by appropriate officers of the Issuer to the effect that the Official Statement prepared for the Obligations did not as of the date of the Official Statement, and does not as of the date of settlement, contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. OFFICIAL STATEMENT Upon request to the Issuer's Financial Advisor prior to the bid opening underwriters may obtain a 4 copy of the Official Statement. The Purchaser shall be provided with 25 copies and may.obtain additional copies at the Purchaser's cost. Any other interested party may obtain a copy, if available, at a price of five dollars. ~~) Dated August 5, 1980 BY ORDER OF THE CITY COUNCIL /s/ Patricia K. Lindquist CI erk- Treasurer - - . . '. ,~ (~ (~ NOTICE OF BOND SALE ~ City of Andover Anoka County, Minnesota $ 4,365, 000_ GeI1~~_?-:LuQ12.1i_gatlon Improvement Bonds of 1980, Series B These Bonds will be offered for sale on sealed bids on Tuesday, August 26, 1980. Bids will be accepted by the undersigned until 7:30 o'clock P.M., Central Time, at the City Hall, when they will be opened and acted upon by the City Council. The Bonds will be dated October 1, 1980, will bear interest payable semi- annually on each February 1 and August 1 to maturity, commenc- ing August 1, 1981, and will mature on February 1 in the amounts and years as follows: $105,000 - 1983 $190,000 - 1990 $370,000 - 1997 105,000 - 1984 210,000 - 1991 200',000 - 1998 120,000 - 1985 230,000 - 1992 230,000 - 1999 130,000 - 1986 250,000 - 1993 255,000 - 2000 145,000 - 1987 275,000 - 1994 280,000 - 2001 160,000 - 1988 305,000 - 1995 305,000 - 2002 170,000 - 1989 330,000 - 1996 Bonds maturing after February I, 1990 will be subject to redemp- _~ tion and prepayment on February 1, 1986 and any February 1 there- !~ after at par plus accrued interest. No rate of interest nor the \. net effective rate of the issue may excee~ 12% per annum. ' Bidders must specify a price of not less than $4,279,500 plus accrued interest. A legal opinion on the Bonds will be furnished by Messrs. Dorsey, Windhorst, Hannaford, Whitney & Halladay, of Minneapolis and st. Paul, Minnesota. The proceeds of the Bonds will be used to finance various improvements within the City. Bidders should be aware that the Official Terms of Offering to be published in the Official Statement for the Offering may contain additional bidding terms and information relative to the Issue. In the event of a variance between statements in this Notice of Bond Sale and said Official Terms of Offering, the provisions of the latter shall be those to be complied with. ¡ I Dated August 5, 1980 BY ORDER OF THE CITY COUNCIL Isl Patricia K. Lindquist " City Clerk-Treasurer fJ Further information may be obtained from the Issuer's Financial " Advisor, SPRINGSTED INCORPORATED, 800 Osborn Building, St. Paul, Hinnesota, 55102, (612) 222-4241. () CITY OF ANDOVER U COUNTY OF ANOKA STATE OF MINNESOTA \ No. R97-80 .J MOTION by Councilperson Orttel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR SEALCOATING CERTAIN STREETS IN THE CITY OF ANDOVER THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to advertisement for bids as required by law, bids were received, opened and tabulated on the 19th day of August, 1980, 10:00 A.M. COST, to seal coat certain streets in the City of Andover as follows: Contractor Bid Price G&L Contracting Company $21,541.50 Allied Blacktopping 23,658.40 Northern Asphalt 34,112.25 The Mayor and Clerk are hereby authorized to enter into a Contract with G&L Contracting Company in the amount of $21,541.50 for the sealcoating of the following streets: \ All of Red Oaks First, Second, Third & Fourth Additions ,j All of Northwoods Addition All to Northwoods Second Addition The City Clerk is hereby directed to return to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a Contract is signed but not longer than sixty (60) days. MOTION seconded by Councilperson Jacobson and adopted by the City Council at a Regular Meeting this 19th day of August , 1980, by roll call vote as follows: Aye: Windschitl, Lachinski, Jacobson, Orttel Peach Naye: None Present: None C ITV OF ANDOVER ATTEST: \ ~ ~<" ~ ) Þat~ K. L indqui st - City Clerk er ír ltl - Mayor / () CITY OF ANDOVER " " \J COUNTY OF ANOKA STATE OF MINNESOTA NO. 98-80 ~ MOTION by Councilperson Lachinski to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF BITUMINOUS STREETS WITH STORM DRAINAGE FACILITIES FOR THOSE STREETS IN SECTION 5, SECTION 6, AND SECTION 8, TOWNSHIP 32, RANGE 24 WHEREAS, the City Council did order final plans and specifications for the improvement of bituminous streets for specific streets in Section 5, Section 6 and Section 8, Township 32, Range 24; and WHEREAS, such final plans and specifications were presented to the Andover City Council for review. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plans and specifications for the improvement of bituminous streets with storm drainage facilities for the following streets in Section 5, Section 6 and Section 8, Township 32, Range 24: 172nd Lane 172nd Avenue Woodbine Street (south of 172nd Lane Aztec Street (south of 172nd Lane) 173rd Lane 174th Avenue \¡ \ ,^, \~ Xenia Street (north of 173rd Lane to north end of Cedar Crest Estates Aztec Street (between 173rd Lane and 174th Avenue) Blackfoot Street (north to peak of hill-approximately 500 north of 174th Ave.) BE IT FURTHER RESOLVED to hereby direct the City Clerk to seek public bids pursuant to Law for the aforementioned improvement. MOTION seconded by Councilperson Ortte 1 , and adopted by the City Council of the City of Andover at a Regular Meeting this 19th day of August , 1980, CITY OF ANDOVER ATTEST: i ~ (<<~ Patricia K. Lindquist - City Clerk rr~~chlt - Mayor j C_) CITY OF ANDOVER C) COUNTY OF ANOKA STATE OF MINNESOTA ') NO. R99-80 , I MOTION by Councilperson Jacobson to adopt the following: A RESOLTUION APPROVING THE SPECIAL USE PERMIT REQUEST OF RENEE FEARON TO HAVE A HOME BEAUTY SHOP. WHEREAS~ pursuant to notice published thereof~ the Planning and Zoning Commission conducted a public hearing on the application of Renee Fearon for a Special Use Permit for a beauty shop in her home at 13945 Nightingale Street; and WHEREAS~ as a result of such hearing and review the Planning and Zoning Commission has set forth to the City Council a recommendation for approval; and WHEREAS~ the Planning and Zoning Commission cites as reasons for such recommendation as being 1) no opposition was met at the public hearing as to the intent of the Special Use Permit, 2) this would not be contrary to good planning and 3)this meets the basic intent and application of the ordinances of the City of Andover; and WHEREAS~ the City Council is in agreement with those reasons given by the Planning & Zoning Commission; and \ WHEREAS~ the City Council acknowledges that such home beauty shops ) are under the control of the State of Minnesota; and WHEREAS, the City Council further acknowledges that such State controls do not allow for more than one operator; and WHEREAS, such provision eliminates the possibility of unusual amounts of traffic being generated by the beauty shop; and WHEREAS~ the City Council still further acknowledges that the property is serviced by sanitary sewer~ thereby eliminating the need for concern relative to increased useage.as it is governed by Ordinance No. 32. NOW~ THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to approve the Special Use Permit for a beauty shop at 13945 Nightingale. MOTION seconded by Councilperson Orttel and adopted by the City Council at a Regular Meeting this 19th day of August , 1980, by roll call vote as follows: Aye: Windschitl, Jacobson, Orttel~ Lachinski~ Peach Naye: None Present: None \ CITY OF ANDOVER / ATTESl~ ~tJ~ ð ry W dschitl - Mayor ~ , ,- ~ ~) CITY OF ANDOVER ~ COUNTY OF ANOKA STATE OF MINNESOTA \ , ) NO. R100-80 MOTION by Councilperson Jacobson to adopt the following: A RESOLUTION APPROVING THE SPECIAL USE PERMIT APPLICATION OF THE CONSTANCE FREE CHURCH TO ENLARGE THE EXISTING FACILITY. WHEREAS, pursuant to notice published thereof, the Planning and Zoning Commission has conducted a public hearing on the application of the Constance Free Church to enlarge their facilities; and WHEREAS, as a result of the public hearing and review the Planning and Zoning Commission has set forth to the City Council a recommendation for approval; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being 1)a public hearing was held and there was some opposition to the height and overhan~ of the building and the traffic in the parking lot, with the main objection being that when the church is not in use there is nothing stopping kids from hot rodding in the parking lot, 2)it will not adversely affect the values of adjoining property, 3)it is consistent with the Comprehensive Development Plan and 4) it will not adversely affect the health, safety, morals or welfare of the City of Andover residents; and WHEREAS, the City Council is in agreement with those reasons cited ~ by the Planning and Zoning Commission; and '~ ) WHEREAS, the City Council is of the opinion that traffic problems can be controlled by the Police Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to approve the Special Use Permit for the enlargement of the Constance Free Church. MOTION seconded by Council person Lachinski and adopted by the City Counci 1 of the City of Andover at a Regular Meeting this 19th day of AlJglJc:t , 1980, by roll call vote as follows: Aye: Windschitl, Lachinski, Orttel Jacobson Peach Naye: None " Present: None CITY OF ANDOVER ~~ ?tA.~ ¡¿-.-~ '\ Jerr \·h ndsc it 1 - 'Mayor . I \ j C ITV OF ANDOVER " --_-/ ) COUNTY OF ANOKA STATE OF MINNESOTA NO. R10l-80 MOTION by councilperson Peach to adopt the following: A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF ROGER KLATKE FOR PLAT 65909, PLAT 2425. WHEREAS, the Planning and Zoning Commission has reviewed the lot split request of Roger Klatke to subdivide Parcel 2425, Plat 65909 into two separate parcels; and WHEREAS, the Planning and Zoning Commission has set forth to the City Council a recommendation for approval; and Whereas, the Planning and Zoning Commission cites as reasons for such recommendation as being l)all the provisions of the lot split ordinance have been met, 2)it is in conformance with the Comprehensive Development Plan, 3)it is not contrary to public interest, 4)it does not nullify the intent of the ordinances of the City of Andover, 5)it is contingent on the payment of $200 in park dedication fees, 6)a variance is required for frontage on Tract B as the lot will be fronting on 172nd Avenue to remove the access onto Round Lake Boulevard, 7)the owner will dedicate a 10' easement along Round Lake Boulevard, and 8)Tract B will also require a variance for lot size; and WHEREAS, the City Council is in agreement with those reasons stated by the Planning and Zoning Commission; and / WHEREAS, the City Council acknowledges that because the road easement is not included in the dimensions for Tract B pursuant to Ordiance No. 40, the variance becomes required; and WHEREAS, the City Council further acknowledges that such requirements also require the need for the area variance; and WHEREAS, the City Council is of the opinion that it is not in the interest of safety to have a driveway exit near an intersection of a thoroughfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the lot split request of Roger Klatke to subdivide Parcel 2425, Plat 65909 into two separate,' parcels as described on the attached Exhibit A. BE IT FURTHER RESOLVED by the City Council to hereby make such approval contingent upon the payment of $IOO.OO in park dedication fees. MOTION seconded by Councilperson Lachinski and adopted by the City Council at a Regular Meeting this 19th day of August , 1980 by roll call vote as follows: I Aye: Windschitl, Jacobson, Lachinski, Orttel, Peach Naye: None - -------... Present: ATTESTL ) ~!V~ -- JeV y Win chitl - Mayor u , CITY OF ANDOVER '\.-J COUNTY OF ANOKA STATE OF MINNESOTA , NO. R 102-80 / MOTION by Councilperson Jacobson to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF NORTHGLEN AS BEING DEVELOPED BY GOOD VALUE HOMES, INC. WHEREAS, the City Council granted preliminary approval on 17th, June, 1980 to the plat of Northglen as being developed by Good Value Homes; and WHEREAS, approval was given to a Special Use Permit for the construction of two-family homes within the aforementioned Plat; and WHEREAS, a favorable Title Opinion has been received from the City Attorney; and WHEREAS, a Quit Claim Deed has been received for the required parkland and other site(s) for public utilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plat of Northglen. BE IT FURTHER RESOLVED by the City Council of the City of Andover \ to hereby approve the Development Contract as submitted by Good Value Homes; '- j and direct the Mayor and City Clerk to execute same. MOTION seconded by Councilperson Peach and adopted by the City Council of the City of Andover this 19th day of August , 1980, by roll call vote as follows: Aye: Windschitl, Lachinski, Jacobson, Peach, Orttel Naye: None Present/Not Voting: None CITY OF ANDOVER ~~ ~ç.~:d , ry W ds nltl - Mayor i ; -- CJ (J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \ j NO. R103-80 RESOLUTION APPOINTING JUDGES FOR THE PRIMARY ELECTION TO BE HELD ON TUESDAY, SEPTEMBER 9, 1980, 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 September 9, 1980, in the City of Andover: Precinct No.1 - Andover City Hall, 1685 Crosstown Boulevard NW Lois Benson - Chief Judge Mary West - Assistant Chief Judge Judy Reimann Susan Rylander Sharon Rzeszutek Verna Berggren Rosemany Thompson Mary Ann Bolster Lois Spandgenske Carol Hibbard Elizabeth Jensen \, Mary May / Judy Berry Sharon Robinson Precinct No.2 - Crooked Lake School, 2939 Bunker Lake Boulevard Peg Wick - Chief Judge Gloria Miles - Assistant Chief Judge Rene Kroll Kathey Green Judy Florman JoAnn Christenson Karen Ward Kay Funk Grace Dorsey Leone Struvwe Marilyn Davi d Rosella Sonsteby Jan Greer Lois Granstrom Verna Hennen L ill i an Barten BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby establish judges salaries as: Chief Judges - $4.25 per hour, Election Judges- $3.50 per hour. I C ITY OF ANDOVER , L_->'Þ- f.f (~ ?v-~~~ e' y W, schitl - Mayor ity Cl erk () CITY OF ANDOVER C) COUNTY OF ANOKA STATE OF MINNESOTA , \ i NO. R104-80 j MOTION BY Councilperson Lachinski to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF WELL NO. 1 UNDER IMPROVEMENT PROJECT 1980-3 (SOUTHWEST AREA) Pursuant to advertisement for bids as required by Law, bids were received, opened and tabulated on the 13th day of August, 1980, 9:30 A.M. (COST) to construct Municipal Well No.1 as a part of the Southwest Area Project (1980-3) with results as follows: Contractor Price E. H. Renner Well Drilling $72,100.00 Keys Well Company 81,925.00 Layne-Minnesota 84,225.00 Bergerson-Caswell 92,650.00 The Mayor and Clerk are hereby authorized to enter into a Contract with E.H. Renner Well Drilling in the amount of $72,100.00. The City Clerk is directed to return to all bidders the deposits made with their bids, except the deposits of the successful bidder and the next lowest bidder shall be \ retained until a Contract is signed, but no longer than sixty (60) days. ~ / MOTION seconded by Councilperson Orttel and adopted by the City Council at a Regular Meeting this day of ,1980, with all councilpersons in attendance and voting as follows: Aye: Windschitl, Lachinski, Jacobson, Orttel, Peach Naye: None CITY OF ANDOVER ATTEST: ~R /~ h~ er ~Chlt - Mayor Patricia K. Lindquist - City Clerk \ ) . , ~ SPRINGSTEC.~ ""-) . ' 'INCORPORATED PUBLIC FINANCE ADVISORS I $4,365,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980, SERIES B CITY OF ANDOVER, MINNESOTA AWARD: THE FIRST NATIONAL BANK OF SAINT PAUL Saint Paul, Minnesota BANCNOR THWEST Minneapolis, Minnesota And Associates - In Association With - PIPER, JAFFRA Y & HOPWOOD, INCORPORATED Minneapolis, Minnesota And Associates SALE: August 26, 1980 Moody's Rating: Baa Net Interest Bidder Coupons Price , Cost & Rate THE FIRST NATIONAL BANK OF 8.50% 1983-1994 $4,279,533.30 $5,287,573.36 SAINT PAUL 8.60% 1995 (8.97644%) BANCNORTHWEST 8.80% 1996 / American National Bank & Trust 9.00% 1997-1998 Company 9.10% 1999-2002 Cronin & Marcotte, Inc. First National Bank of Minneapolis Juran & Moody, Inc. Merrill Lynch White Weld Capital Markets Group Robert W. Baird & Company, Inc. Miller & Schroeder Municipals, Inc. M. H. Novick & Company, Inc. Robert S. C. Peterson, Inc. - In Association With - PIPER, JAFFRA Y & HOPWOOD, / INCORPORA TED Allison-Williams Company Blyth Eastman, Paine Webber, Inc. Dain Bosworth Incorporated Moore, Juran & Company, Inc. JOHN NUVEEN & COMPANY, INC. 8.40% 1983-1991 $4,279,882.50 $5,620,857.50 And Associates 8.60% 1992 (9.5422%) 8.80% 1993 9.00% 1994 9.20% 1995 9.40% 1996 9.60% 1997 9.80% 1998 10.00% 1999-2002 . 800 Osborn Building, Saint Paul, Minnesota 55102 (612) 222-4241 REOFFERING SCHEDULE OF THE PURCHASER Rate Year Yield 8.50% 983 6.50% 8.50% 984 6.65% 8.50% 985 6.80% 8.50% 986 7.00% 8.50% 987 7.15% 8.50% 988 7.30% 8.50% 989 7.50% 8.50% 990 7.70% 8.50% 991 7.90% 8.50% 992 8.00% 8.50% 993 8.20% 8.50% 994 8.40% 8.60% 995 Par 8.80% 996 Par 9.00% 997 Par 9.00% 998 Par 9.10% 999 Par 9. 10% 2000 Par 9.10% 2001 Par 9.10% 2002 Par 881: 8.68 Average Maturity: 13.49 Years - . . . (~ . l) . \ CERTIFICATION OF MINUTES RELATING TO "-~ $4,365,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980, SERIES B Issuer: City of Andover, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held Tuesday, August 26, 1980, at 7:30 o'clock P.M., at the Andover City Hall. Members present: J. vlindschi tl, D. Jacobson, T. Lachinski, '\ K. Orttel and R. Peach , / Members absent: None Documents Attached: Minutes of said meeting (including) : RESOLUTION NO. 105 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $4,365,000 GENERAL OBLIGATION ,~ IMPROVEMENT BONDS OF 1980, SERIES B I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certifying that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other , actions taken and of all documents approved by the ) governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. officer '\ / Patricia K. Lindq st City Clerk-Treasurer - .-- ~ -" -- __. ._, _~ __.._. ____ _ .._u ________ ..."____ _.~_.w_,__,__,,_, _._." '~_..___ p _ "__._ , '- . ( ) \ . U . ' \ The City Clerk-Treasurer presented to th~ Council ~ ) affidavits showing publication in the official newspaper and the Commercial West of a notice of sale of $4,365,000 General Obligation Improvement Bonds of 1980, Series B, of the City, for which sealed bids were to be received and considered at this meeting in accordance with the 'i resolution adopted by the City Council on August 5, 1980. J Said affidavits were examined and found satisfactory and directed to be placed on file in the office of the City Clerk-Treasurer. The City Clerk-Treasurer then announced that ·2 - sealed bids had been received prior to the time specified ....r. in the notice of sale, which-bids were thereupon opened j ) and publicly read, and the highest and best bid of each bidder was found to be as follows: Bid For Interest Total Interest Cost Name of Bidder Principal Rates - Net Average Rate ) See Attached \ J . '--) , ,,~ , Councilmember Lachinski then introduced the ) following resolution and moved its adoption: RESOLUTION NO. 105 RESOLUTION AUTHORIZING ISSUANCE, AWARDING SALE, PRESCRIBING THE FORM AND DETAILS AND PROVIDING FOR THE PAYMENT OF $4,365,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980, SERIES B BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: / Section 1. Authorization and Sale. 1.01 This Council, by a resolution adopted August 5, 1980, authorized the issuance and public sale of $4,365,000 General Obligation Improvement Bonds of 1980, Series B, of the City, to finance the cost of the local improvements designated in Section 1 of said resolution. Said resolution is incorporated herein by reference. 1.02 Notice of sale of the Bonds has been duly published, and the Council, having examined and considered ) all bids received pursuant to the published notice, does - hereby find and determine that the most favorable bid received is that of The First National Bank of Saint P~ul, of St. Paul , Hinnesota , and associates, to pur-chase the Bonds at a pr ice of $~4, 279,533. 3(þlus accrued interest on all Bonds to the day of delivery and payment, on the further terms and conditions hereinafter set forth. 1.03 The sale. of the Bonds is hereby awarded to said bidder, and the Mayor and City Clerk-Treasurer are hereby authorized and directed on behalf of the City to execute a contract for the sale of the Bonds in accordance with the terms of said bid. The good faith check of the , successful bidder shall be retained by the City Clerk- TreasureT until the Bonds have been delivered and the purchase price paid. The good faith checks of other bidders shall be returned to them forthwith. Section 2. Bond Terms, Execution and Delivery. 2.01 The Bonds shall be designated General Obligation Improvement Bonds of 1980, Series B, shall be dated October 1, 1980, shall be issued in the denomination of $5,000 each, numbered serially from 1 to 873, inclusive, shall mature serially on February 1 in the J . "J \.J . ' respective years and amounts stated below, and shall bear ) interest from date of issue until paid or duly called for redemption at the respective annual rates set forth opposite such years and amounts, as follows: Year , Amount Rate Year Amount Rate - - 1983 $105,000 8.50% 1993 $250,000 8.50% 1984 105,000 8.50% 1994 275,000 8.50% 1985 120,000 8.50% 1995 305,000 8.60% 1986 130,000 8.50% 1996 330,000 8.80% 1987 145,000 8.50% 1997 370,000 9.00% 1988 160,000 8.50% 1998 200,000 9.00% ) 1989 170,000 8.50% 1999 230,000 9.10% / 1990 190,000 8.50% 2000 255,000 9.10% 1991 210,000 8.50% 2001 280,000 9.10% 1992 230,000 8.50% 2002 305,000 9.10% The maturities of the Bonds, together with the maturities of all other outstanding general obligation bonds of the City, meet the requirements of Minnesota Statutes, Section 475.54. 2.Õ2 Bonds maturing in the years 1983 through 1990 shall not be subject to redemption prior to maturity, ) but Bonds maturing on or after February 1, 1991, shall be subject to redemption and prepayment at the option of the City on February 1, 1986, and any February 1 thereafter at a price equal to the principal amount thereof and accrued interest to the date of redemption. The Bonds shall be subject to redemption and prepayment in inverse order of maturity date and by lot within a maturity date, as selected by the paying agent specified in Section 2.04 on behalf of the City. At least thirty days prior to the date set for redemption of any Bond prior to its stated maturity date, the City Clerk-Treasurer shall cause notice of the call for redemption thereof to be pUblished in a I daily or weekly periodical published in a Minnesota city of the first class, or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service, and mailed to the bank at which principal of and interest on the "Bonds are then payable and to the holder thereof, if known to the City Clerk-Treasurer, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond. The City Clerk-Treasurer is hereby authorized and directed to maintain a register of the names and addresses of the .J . . - . - . ___ - __. _,_ ~.__ __ 0" ~ . .-..._ _.____ _. _..__ __u. .___" ,_. .- ~ -' - -- ... ~_.- ----- ---~ - -. _._.------_. - -- .-. - - ----.. .- "-) , \.J , ' i 'holders of prepayable Bonds who desire to register the' / serial numbers of their Bonds with her for the purpose of receiving such mailed notice. 2.03 In addition to the optional redemption provisions provided for in Section 2.02 hereof, Bonds maturing on or after February 1, 1991, shall be subject to mandatory redemption and prepayment on February 1, 1986, and any February 1 thereafter, at a price equal to the principal amount thereof and accrued interest to the date of redemption, pursuant to the provisions of this Section. On December 15, 1985 and every December 15 I thereafter the City Clerk-Treasurer shall determine and report to this Council the amount of moneys and investments on hand in the 1980 Improvement Bond Fund, Series B, established in Section 4 hereof. The amount on hand in said Fund in excess of the principal and interest coming due on the Bonds on the second succeeding February 1 shall, if such excess exceeds $50,000, be used insofar as possible to redeem and prepay Bonds subject'to redemption and prepayment on the next succeeding Februa ry 1; and the City Clerk-Treasurer shall advise the paying agent of the amount available for such redemption and prepayment. After selection by the paying agent of the Bonds to be redeemed and prepaid, the City ) Clerk-Treasurer shall give notice of redemption of the Bonds in accordance with Section 2.02. 2.04 The intere~t on the Bonds shall be payable semiannually on each February 1 and August 1, commencing August 1, 1981. The principal of and interest on the Bonds shall be payable at The First National Bank of St& Paul, st. Paul , Minnesota, which is designated as paying agent, or in the event of its resignation, removal or incapability of acting as paying agent, at the office of such successor paying agent as may be appointed by the Council. ) 2.05 The Bonds, appurtenant interest coupons and certification of legal opinion shall be in substantially the following form: J . " '\ ' ~--) 0 'ì UNITED STATES OF AMERICA / STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER GENERAL OBLIGATION IMPROVEMENT BOND OF 1980, SERIES B No. $5,000 KNOW ALL MEN BY THESE PRESENTS that the City of Andover, a duly organized and existing municipal \ corporation of the County of Anoka, State of Minnesota, ) acknowledges itself to be indebted and for value received promises to pay to bearer upon presentation and surrender of this bond, the sum of FIVE THOUSAND DOLLARS on the 1st day of February, 19 ,or, if this bond is redeemable as provided below, then on a date prior thereto on which it shall have been duly called for redemption, and to pay interest on said principal sum at the rate of per cent ( %) per annum, from the date hereof until said principal sum is paid, or if this bond is redeemable, until it has been duly called for redemption, .payable semiannually on each February 1 and August 1, commencing August 1, 1981, interest to maturity I ,~ being payable in ~ccordance with and upon presentation and '. surrender of the lnterest coupons appurtenant hereto. Both principal and interest are payable at , in , Minnesota, in any coin or currency of the united States of America which on their respective dates of payment is legal tender for payment of public and private debts. 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 is one of an issue in the total , principal amount of $4,365,000, all of like date and tenor ) except as to serial number, maturity date, interest rate and redemption privilege, all issued for the purpose of financing the construction of local improvements hereto- fore duly ordered to be made within the City in accordance with the provisions of Minnesota Statutes, Chapter 429, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, and pursuant to resolutions duly adopted by the City Council. , / ....-,-'.- --.._----,--.--_.._..-,-~. .~-- cJ C) \ Bonds of this issue maturing in 1990 and earlier , --.-/ years are payable on their respective stated maturity dates without option of prior payment, but bonds having stated maturity dates in 1991 and later years are subject to redemption and prepayment at the option of the City on February 1,1986 and any February 1 thereafter, at par and accrued interest. Bonds subject to optional redemption by the City are also required to be redeemed by the City under certain conditions prescribed in the resolution authorizing their issuance, to the extent moneys are available for this purpose as determined in accordance with such resolution. In either case the Bonds are \ subject to redemption in inverse order of maturity and by j lot within a maturity. At least thirty days prior to the date specified for the redemption of any bond prior to its stated maturity date, notice of the call for redemption will be published in a daily or weekly periodical published in a Minnesota city of the first class, or its metropolitan area, which circulates throughout the state and furnishes financial news as a part of its service, and will be mailed to the bank at which the bonds are then payable and to the holder of each bond to be redeemed, if known, but no defect in or failure to give such mailed notice of redemption shall affect the validity of " proceedings for the redemption of any bond. Holders of ) prepayable bonds who desire to receive such notice may register their names and addresses and the serial numbers of their bonds with the City Clerk-Treasurer. 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; that I prior to the issuance hereof the City has covenanted and ./ agreed to levy special assessments upon property specially benefited by the local improvements financed by the bonds, which special assessments will be collectible for the years and in amounts sufficient to produce sums not less than 5% in excess of the principal of and interest on the bonds of this issue when due, and has appropriated such special assessments to the payment of such principal and interest; that if necessary for payment of such principal and interest, ad valorem taxes are required to be levied upon all taxable property in the City, without limitation as to rate or amount; and that the issuance of this bond , - ) / '\ ) \..J \. _J \, ) does not cause the indebtedness 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 and the interest coupons ap~urtenant hereto and the certificate appearing on the reverse side hereof to be executed by the printed facsimile signatures of the Mayor and the City Clerk-Treasurer, has caused this bond also to be executed by the manual signature of one of said officers, and has caused this bond to be dated as of October 1, 1980. \ , ~ (Facsimile signature) (Facsimile signature) City Clerk-Treasurer Mayor (Manual Signature) i , ) / / . I " ~J \ ) _1 , (Form of Coupon) \ > / No. $ Unless the bond described below is subject to and has been duly called for earlier redemption, on the 1st day of August (February) , 19 , the City of Andover, Anoka County, Minnesota, will pay to bearer at , in , Minnesota, the amount shown hereon in lawful money of the United States of America, for the interest then due on its General Obligation Improvement Bond of 1980, Series B, dated as of October 1, 1980, No. . ') (Facsimile signature) (Facsimile signature) j City Clerk-Treasurer Mayor (Form of certificate to be printed on the reverse side of each bond, following a full copy of the legal opinion) We certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issu~ of bonds of the City of Andover, Minnesota, '\ which includes the within bond, dated as of the date of ,j delivery of and payment for the bonds. (Facsimile signature) (Facsimile signature) City Clerk-Treasurer Mayor 2.06 The Bonds shall be prepared under the direction of the City Clerk-Treasurer and shall be executed on behalf of the City by the printed facsimile signatures of the Mayor and the City Clerk-Treasurer, and by the manual signatures of either of said officers. The \ interest coupons attached to each Bond and the legal \ opinion certificate shall be executed and authenticated by ) the printed facsimile signatures of the Mayor and the City Clerk-Treasurer. When the Bonds have been so executed and authenticated, they shall be delivered by the City Clerk-Treasurer to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and said purchaser shall not be obligated to see to the application of the purchase price. \ j - ....-.. ' ~ - . -... _. ~ _. r~.. -~ "- ,-. ~ r .~.'."""""'_ '. .._._~, ,_. ~_,,_". -". - ~. ...._~.. ---, -- u U \ I i Section 3. 1980 Improvement Bond Construction Fund, Series B. There is hereby established on the official books and records of the City a 1980 Improvement Bond Construction Fund, Series B, and an account for each improvement financed by the Bonds, and the City Clerk- Treasurer shall continue to maintain each account until payment of all costs and expenses incurred in construction of the improvement for which it is established. To each account there shall be credited from the proceeds of the Bonds an amount equal to the estimated cost of the improvement for which the account was established less 1 such amount as was established to be necessary to pay J interest incurred during construction, and such other funds as may from time to time be appropriated by this Council; and from each account there shall be paid all costs and expenses of said improvement. There shall also be credited to each_account all special assessments collected with respect to the improvement financed by the Bonds, until all costs of said improvement have been fù;ly paid. After payment of all costs incurred with respect to each improvement, the account for it shall be discontinued and any Bond proceeds remaining therein may be transferred to the other funds or accounts established for '\ construction of other improvements instituted pursuant to , Minnesota Statutes, Chapter 429. All special assessments ) on hand in each account when terminated or thereafter received, and any Bond proceeds not so transferred, shall be credited to the 1980 Improvement Bond Fund, Series B, of the City. . Section 4. 1980 Improvement Bond Fund, Series B. The Bonds to be issued shall be payable from a separate and special 1980 Improvement Bond Fund, , Series B, of the City, which Fund the City agrees to maintain until said Bonds have been paid in full. If the money in said Fund should at any time be insufficient to pay principal , and interest due on the Bonds, such amounts shall be paid ) from other moneys on hand in other funds of the City, which other funds shall be reimbursed therefor when sufficient money becomes available in said Fund. The moneys on hand in said Fund from time to time shall be used only to pay the principal of and interest on the Bonds. Into said Fund shall be paid such amount of the proceeds of the Bonds as is estimated to be necessary to pay interest on the Bonds during the construction period ($508,789 ) , all special assessments collected after the costs of the improvements have been paid in full, any excess bond proceeds, as provided in Section 3, and all taxes collected pursuant to Section 6. .I . u u , ' ') Section 5. Special Assessments. The City hereby I covenants and agrees that, for'the payment of the cost of the improvements financed by the Bonds the City will do and perform all acts and things necessary for the final and valid levy of special assessments in an amount not less than 20% of the cost of each of the improvements financed by the Bonds. It is presently estimated that assessments will be levied in the aggregate amount of $ 4,179,500. The principal of said assessments shall be payable in annual installments, with interest on unpaid installments thereof from time to time at the rate of not less than 10.7% per annum. It is presently estimated that the principal and interest on such special assessments / will be collected in the following years and amounts: Year Amount Year Amount - 1982 $581,901 1992 $556,659 1983 -556,659 1993 556,659 1984 556,659 1994 556,659 1985 556,659 1995 556,659 1986 556,659 1996 556,659 1987 556,659 1997 357,644 1988 556,659 1998 357,644 1989 556,659 1999 357,644 1990 556,659 2000 357,644 J 1991 556,659 2001 357,626 In the event that any such assessment shall at any time be held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or by this Councilor by any of the officers or employees of the City, either in the making of such assessment or in the performance of any condition precedent thereto, the City hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings I as shall be required by law to make such assessment a I valid and binding lien upon said property. Section 6. Pledge of Taxing Powers. The full faith and credit and taxing powers of the City are pledged to the payment of the Bonds and the interest thereon when due and, should the moneys on hand in the Bond Fund of the City ever be insufficient for said purpose, the City affirms its obligation to pay the Bonds and interest when due from moneys on hand in other funds of the City, and if necessary to levy ad valorem taxes upon all taxable property in the City for this purpose, without limitation \ ) . ", " u . / ) \.- ) as to rate or amount. Howeve r , it is hereby estimated - that the Bond proceeds appropriated to the 1980 Improvement Bond Fund, Series B in Section 4 and the collections of the special assessments and interest as specified in Section 5, will provide sums at least 5% in excess of the amounts needed to meet the principal and interest payments on the Bonds when due, and consequently no ad valorem taxes are levied for this purpose at this time. Section 7. Defeasance. When all of the Bonds issued and all coupons appertaining thereto have been discharged as provided in this section, all pledges, ; covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds and coupons appertaining thereto which are due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond or coupon should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds according to their terms, by , depositing with the paying agent on or before that date an ) amount equal to the principal, interest and redemption premium, if any, which are then due, provided that notice of such redemption has been duly given as provided herein. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required to pay all principal, interest and ) redemption premiums to become due thereon to maturity or said redemption date. Section 8. Registration of Bonds. The City Clerk-Treasurer is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Anoka County, together with such additional information as he shall require, and to obtain from said County Auditor a certificate that the Bonds have been duly entered upon his bond register. \ / ) ..~~ -. --. ._"~--'."~'-"" ._..- ~. '''-'_._ _',.,_.,. r - _'.-_~ 0,_"-0'. U_',~~.. :,.~.","~_.,. 'C-:" -_,'_._,,_ .... ."__..' ..,'_".,"'__ .....:..<.~)..~"...~,"'~... .",-,~~,." -----..y.......-- -.-.' " l) U \ ) Section 9. Authentication of Transcript. The officers of the City and the County Auditor are hereby authorized and directed to prepare and furnish to the purchasers of the Bonds, and to the attorneys approving the legality thereof, certified copies of all proceedings and records relating to the Bonds and such other affi- davits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds, as the same appear from the books and records in their custody and control or as otherwise known to them, and all such certified copies, affidavits and certificates, including any heretofore furnished, shall be " deemed representations of the City as to the correctness I / of all statements contained therein. Section 10. Arbitrage. 10.0l. The City covenants and agrees with the holders from time to time of the Bonds herein authorized, 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 payable on the Bonds to become subject to taxation under the United States Internal Revenue Code; and that it 'will take, or it will cause its officers, \ employees or agents to take, all affirmative actions I within its powers which may be necessary to insure that ' ,/ such interest will not become subject to taxation under the Internal Revenue Code. Internal Revenue Code as used herein includes the Code and all regulations, amended regulations and proposed regulations issued thereunder, as now existing or as hereafter amended or proposed. 10.02. The Mayor and the City Clerk-Treasurer being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the purchaser a certification in order to ) satisfy the provisions of Section lO3(c) of the Internal Revenue Code and the regulations, existing and proposed, promulgated thereunder. Mayor Attest: City Clerk-Treasurer \ ) ~_.- ~ \~ U - , \ The motion for the adoption of the foregoing ) resolution was duly seconded by Councilmember Peach and upon vote being taken thereon, the following voted in favor thereof: All members and the following voted against the same: None whereupon said resolution was declared duly passed and \ ) adopted, and was signed by the Mayor and attested by the City Clerk-Treasurer. - . . / \ ) , . ,- - N""___· __ . _.._ .. . --- .-.-- -- -. p- .. - -. .. - ._- -- _..... -- -·-____~,._·r· -.,..-,,__________ ,,~) ,,--) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / NO. R106-80 MOTION by Councilperson Jacobson to adopt the following: A RESOLUTION DENYING THE VARIANCE REQUEST OF STANFOffi CARLSON TO CONSTRUCT A STORAGE BUILDING CLOSER TO THE SIDE LOT LINE THAN REQUIRED BY ORDINANCE NO. 8 WHEREAS, StanfGroCarlson has requested a variance to construct a storage building closer to the side lot line on Parcel 5550, Plat 65913 than allowed by Ordinance No.8, Section 6.02; and WHEREAS, the Planning and Zoning Commission has reviewed the request and is recommending approval; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being l)there was no opposition expressed by the public, 2)it would not affect the value of adjoining properties, 3)the area is largely rural and it would be consistent with the properties in that area, 4)it would be consistent with the Comprehensive Development Plan, and 5)it would not adversely effect the health, safety and welfare of the residents; and WHEREAS, the City Council is basically in agreement with those reasons given by the Planning & Zoning Commission; and WHEREAS, the City Council acknowledges that Ordinance No.8 specifically / sets out that variances should only be granted if a hardship is created due to the topography of the land; and WHEREAS, the City Council is of the opinion that the topography of the land does not create a need for such a variance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby deny the request of Stanford Carlson to construct a storage building nearer the side lot line than provided in Ordinance No.8, Section 6.02 on Parcel 5550, Plat 65913. MOTION seconded by Councilperson Peach and adopted by the City Council at a Regular Meeting this 2nd day of September , 1980, by roll call vote as follows: Aye: Windschitl, Jacobson, Lachinski, Peach Naye: Orttel (the neighbors opinion should be taken into consideration) Absent: None CITY OF ANDOVER .. ATTEST: -~'\ ~ /¿J~ / , Je y 1 Schlt - Mayor '-_J '--~ C!TY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 107-80 MOTION by Councilperson Orttp 1 to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND ORDERING PUBLIC HEARING FOR THE IMPROVEMENT OF CONCRETE CURB AND GUTTER FOR AUDITOR'S SUBDIVISION NO. 82, CHAPMAN'S ADDITIONS AND QUICKSTROM ADDITION WHEREAS, a door-to-door survey indicated many of the property owners in Auditor's Subdivision, Quickstrom Addition and Chapman's Additions were interested in the construction of concrete curb and gutter to be included with the construction of the bituminous streets under Improvement Project No. 1980-3; and WHEREAS, in an effort to save costs to property owners, the City Council did on August 1, 1980, direct the City Consulting Engineer to include concrete curb and gutter for the above referenced subdivisions as an alternate on the bids for Improvement Project No. 1980-3; and WHEREAS, the City Council was of the opinion a Public Hearing under Minnesota Statutes, Chapter 429 should be held following receipt of the bids; and WHEREAS, bids for such improvement were opened on the 28th day of August, 1980; and / WHEREAS, such bids for the alternate of concrete curb and gutter appeared to be within the Engineer's Estimate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the feasibility report of Toltz, King, Duvall, Anderson & Associates for concrete curb and gutters for Auditor's Subdivision, Chapman's Additions, and Quickstrom Addition. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby set a public hearing for Tuesday, September 16, 1980, 7:30 P.M., to receive testimony for the improvement of cúrb and gutters for Auditor's Subdivision No. 82, Chapman's Additions, and Quickstrom Addition. Motion seconded by Councilperson Peach and adopted by the City Council at a Regular Meeting this 2nd day of September , 1980, with all Councilpersons in attendance and voting as follows: Aye: Windschitl, Lacvhinski, Orttel, Jacobson, Peach Naye:None C!TY OF AND'oVER / A TT E S T-:----'\ '~ j;/ J--.~- " ---- -~ .' ""..-:::; .' /,- \ í i /[-- ,. / ì \ -- "~' , ~- !/lUot.J~/~ Patricia K. Lind,quisJ/- y Clerk I i CITY OF ANDOVER \ ) " J '--' COUNTY OF ANOKA STATE OF MINNESOTA NO. 108-80 ) MOTION by Councilperson Or t te 1 to adopt the following: A RESOLUTION SETTING THE DATE OF PUBLIC HEARING TO ADOPT THE ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECTS NO. 1979-2 (Xenia Street Area), 1980-1 (133RD AVENUE AREA), AND 1980-2 (138th STREET AREA). WHEREAS, the City Council has been advised the assessment rolls have been prepared for the affected areas; and WHEREAS, the City Clerk has informed the Council such rolls are available for inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby set the date of September 24, 1980, 7:30 P.M. for a public hearing to receive testimony and pass upon the proposed assessments. BE IT FURTHER RESOLVED to hereby require published and mailed notice of such Hearing be given. MOTION seconded by Councilperson Lachinski and adopted by the City Council at a Regular Meeting this 2nd day of September , 1980, by ro 11 call vote as follows: Aye: Windschitl, Lachinski, Jacobson, Orttel, Peach Naye: None Absent: None CITY OF ANDOVER ATTEST: : t1J. () t."Z;f ~~ Jerr", ~.to... ~ City Clerk , f '\ ." .' \ ~ ' . U "-.I j Resolution No. q¡; - 80 (Arn~o£rj) "- ,--.J Resolution Relating to Substitution of Meadow Creek Associates for Lynn C. Boehland as Borrower Under Resolution No. 90-80 Adopted July 29, 1980 BE IT RESOLVED by the City Council of the City of Andover, Minnesota (the City), as follows: Section 1. Recitals. 1.01. By resolution No. 90-80 adopted at a special meeting on July 29, 1980 (the Preliminary Resolution) I this Council gave its preliminary approval to a project therein described (the "Project" ) to be constructed and installed by Lynn C. Boehland, an individual, or a partnership in which Lynn C. Boehland had a controlling interest. 1.02. Lynn C. Boehland and Peri co Arcedo have formed, or will soon form, Meadow Creek Associates, a Minnesota general partnership in which each will have a 50% interest. Section 2. Substitution of Borrower. '\ 2.01. This Council hereby consents to the substitution of "-~ Meadow Creek Associates for Lynn C. Boehland as the Borrower under the Preliminary Resolution for the Project. 2.02. The Preliminary Resolution is hereby ratified and affirmed ~n all other respects and is in full force and effect. 2.03. Dorsey, Windhorst, Hannaford, Whitney and Halladay, Bond Counsel, ~s hereby authorized to notify the Commissioner of Securities of the substitution of Meadow Creek Associates for Lynn C. Boehland as the Borrower under the Application submitted to the Commissioner of Securities on August 20, 1980, and ~s hereby authorized to submit a certified copy of this resolut~on with such notification. Adopted this 2nd day of September, 1980 ,- -~ \ \ \ At te s t: ''_______ City \ '-- ) ~ .Þ^ \ ! i " ) J \, , , , _./ - The motion for the adoption of the foregoing - " '-) resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the resolution was declared duly passed and adopted and was signed by the Mayor whose signature was attested by the City Clerk-Treasurer. \ "-J '\ ,-j \ ) -j )û9- PD \) / OAÞ'~ ~ -SúJ a~ ~k,- ~ /h~ /2's: '/!:>- %!rd / '\ ' ) \./ CITY OF ANDOVER \.---./ COUNTY OF ANOKA STATE OF MINNESOTA NO. RHO-80 , MOTION by Councilperson Jacobson to adopt the following: A RESOLUTION SETTING DATE FOR ASSESSMENT HEARING FOR STREET IMPROVEMENT PROJECTS 1979-2 (SECTION 17, SECTION 18), 1980-1 (EAST HALF OF SOUTHWEST QUARTER, SECTION 33), 1980-2 (EIDELWEISS STREET, XAVIS STREET, 138TH AVENUE, SECTION 33). WHEREAS, the City Council did on the 2nd day of September set the date of September 24, 1980, to pass upon the proposed assessments for Improvement Projects, 1979-2, 1980-1 and 1980-2; and WHEREAS, due to publication requirements under Minnesota Statutes, Chapter 429 this date would not allow sufficient time to meet requirements; and WHEREAS, a Special Meeting was called for Monday, September 8, 1980, 7:30 P.M. to change the date of such meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby set the date of Tuesday, September 30, 1980, 7:30 P.M. to pass upon the assessments for the improvement of bituminous streets w/drainage facilities for Project No. 1979-2, 1980-1, and 1980-2. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to give published and mailed notice of such Hearing to all .affected property owners pursuant to Minnesota Statutes, Chapter 429. MOTION seconded by Councilperson Lachinski ; and adopted by the City Council at a Special Meeting this 8th day of September, 1980, ¡by roll call vote as follows: Aye: Windschitl, Lachinski, Jacobson, Orttel, Peach Naye: None Present/Not Voting: None Absent: None CITY OF ANDOVER ATTEST:-'- i' . ..",/ . ~/~tí . ¿ £~, Jer,r W 1 ndsc t - Mayor \ ,--) I '....-/ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. RIll-80 MOTION by Councilperson Ortte 1 to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF BITUMINOUS STREETS WITH STORM DRAINAGE FOR THOSE STREETS IN SECTION 5, SECTION 6, AND SECTION 8, UNDER IMPROVEMENT PROJECT NO. 1980-4 THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to advertisement for bids as required by Law, bids were received, opened and tabulated on the 12th day of September, 1980, 10:00 A.M., with results as follows: Forest Lake Contracting $293,673.40 NOH, Inc. $318,616.71 The Mayor and Clerk are hereby authorized to enter into a Contract with Forest Lake Contracting in the amount of $301,533.40. . The City Clerk is hereby directed to retain the deposits made with the bids until the Contract has been executed, but no longer than sixty (60) days. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby require the construction of the park improvement to be equal J to that as shown in the original plans. MOTION seconded by Councilperson Jacobson and adopted by the City Council at a Regular Meeting this 2nd day of September , 1980, by roll call vote as follows: (All councilpersons in attendance and voting). Aye: Windschitl, Lachinski, Jacobson, Orttel, Peach Naye: None Present: None CITY OF ANDOVER ( Jerry ~Tþ)~r-4tt / , ) \ ) - ~_/ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J NO. 112-80 MOTION by Councilperson Orttel to adopt the following: A RESOLUTION SETTING DATE FOR ASSESSMENT HEARING FOR THE IMPROVEMENT OF BITUMINOUS STREETS FOR THE CEDAR CREST/VALLEY VIEW AREA UNDER PROJECT NO. 1980-4 WHEREAS~ orginal plans were to adopt the assessment roll for the improvement of bituminous streets for the Cedar Crest/Valley View Area following completion of construction; and WHEREAS~ it has been determined that such construction would not be completed until late 1980 or early 1981; and WHEREAS~ bonding was securing with the assumption the roll would not be certified until 1981 for payable 1982; and WHEREAS~ the residents expressed the wish to assess the project in 1980, payable 1981, in order to save capitalized interest costs; and WHEREAS~ the City Council was of the opinion the project costs would exceed estimates; and I WHEREAS~ if such increase would occur a supplemental hearing could be held in 1981. MOTION seconded by Councilperson and adopted by the City Council at a Regular Meeting this 16th day of September ~ 1980, by roll call vote as follows: (All Councilpersons in attendance and voting) Aye: Windschitl, Jacobson, Lachinski, Orttel, Peach Naye: None Absent: None CITY OF ANDOVER Jerry Windschitl - Mayor / , \ , ) " _/ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R1l3-80 MOTION by Councilperson Peach to adopt the following: A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR ANOKA AUTO WRECKING TO ALLOW THE CONSTRUCTION OF A RADIO TRANSMISSION TOWER BY DOC liE II SALES, INC. ON PROPERTY DESCRLBED AS PLAT 65934, PARCEL 1800. WHEREAS, pursuant to published notice thereof, the Planning and Zoning Commission conducted a public hearing on the application of Doc "E" Sales and Service to construct a radio transmission tower on property owned by Anoka Auto Wrecking at 1775 Bunker Lake Boulevard; and WHEREAS, as a result of such public hearing and review the Planning and Zoning Commission is recommending approval of the application; and WHEREAS, the Planning and Zoning Commission cites a reasons for such recommendation as being l)no opposition was heard at the Public Hearing, 2)the use would be compatible with the surrounding area as there are other towers in the vicinity, 3)the use would not be contrary to good planning, 4)the use would not be detrimental to the health, safety and welfare of the general public, 5)it is in a commercial area, 6)the need for the height of the antenna, being 183 feet, is to stay within the FAA regulations as anything over 200 feet would have to be lighted, and 7)the height of the tower is the UHF communications are directly in line of sight; and WHEREAS, the City Council is in agreement with the recommendations and reasons for same 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 application of Doc "E" Sales, for a Special Use Permit to construct a radio transmission tower on property owned by Anoka Auto Wrecking at 1775 Bunker Lake Boulevard and described as Plat 65934, Parcel 1800, at a power rating not to exceed 90 Watts. MOTION seconded by Councilperson Or t te 1 and adopted by the city Council at a Peglllar Meeting this 16 day of September , 1980, by roll call vote as follows: Aye: Windschitl, Lachinski, Orttel, Jacobson, Peach Naye: None Present/Not Voting: None CITY OF ANDOVER ATTEST: ~y.z~if<t'tL · ~ "0 '/ Jer 1 n 1 t 1 - Mayor \. ) '---/ -' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / NO. R 114-80 MOTION by Councilperson Peð('h to adopt the following: A RESOLUTION ACCEPTING THE FINAL PLAT OF ANDOVER WEST, PHASE I, AS BEING DEVELOPED BY DERRIL BURGER FOR PROGRAMMED LAND, INC. WHEREAS, the Preliminary Plat of Andover West was approved by the City Council under Resolution No. 70-80 on the 16th day of June, 1980; and WHEREAS, pursuant to Ordinance No. 10, Section 11.01a, the developer is presenting a portion of that Plat for final acceptance; and WHEREAS, the City Attorney has presented a Title Opinion on the that portion submitted for final approval; and WHEREAS, a Quit Claim Deed has been submitted for Park Dedication of the portio~Jark area as set forth in Resolution No. 70-80; and '.,-7 , WHEREAS, all conditions and exceptions set forth in Resolution No. 70-80 have been met as they relate to that portion of the Plat being submitted for final approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approval the Final Plat of Andover West, Phase I, as being developed J by Derril Burger for Programmed Lane, Inc. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby make such approval contingent on the payment of all taxes and/or special assessments and/or liens against such property is made. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby also make such approval contingent upon the deposit with the City of security in the amount of $5C},900.00 to cover completion of street construction" pursuant to Development Contract prepared by City Attorney. . and adopted by the City Council at MOTION seconded by Councilperson Ortte 1 a Regular Meeting this 16th day of September , 1980, by roll call vote as follows: (All councilpersons in attendance and voting). Aye: Windschitl, Jacobson, Lachinski, Orttel, Peach Naye: None CITY OF ANDOVER -' ATTÉST: / Jerry Windschitl - Mayor - '"---./ ; ,~-) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J NO. R 115-80 MOTION by Councilperson Jacobson to adopt the following: A RESOLUTION APPROVING A LOT SPLIT PURSUANT TO ORDINANCE NO. 40, OF PLAT 65923, PARCEL 1810, AS REQUESTED BY WAYNE KOEPLIN WHEREAS, the Planning and Zoning Commission has reviewed the request of Wayne Koeplin to create another parcel approximately 300'x400' from Plat 65923, Parcel 1810; and WHEREAS, the Planning and Zoning Commission is recommending to the City Council approval of the request; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being l)all the provisions of the lot split ordinance have been met, 2)it is consistent with the Comprehensive Plan, 3)the lot split would not be contrary to good planning, 4)it would not be contrary to the public interest, 5)it does not nullify the intent of the ordinance; and WHEREAS, the Ci ty Counc il 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 Wayne Koeplin to / subdivide Plat 65923, Parcel 1810, pursuant to the attached Exhibit "A". BE IT FURTHER RESOLVED by the City Counc il of the City of Andover to hereby require the payment of $100.00 for park dedication fees. on newly created lot only. MOTION seconded by Councilperson Lachinski and adopted by the City Council at a Regular Meeting this 16th day of September , 1980, by roll call vote as follows: Aye: Windschitl, Lachinski, Jacobson, Peach, Orttel Naye: None Present/Not Voting: None CITY OF ANDOVER .-. -- ATTEST: ~. Iv .~ " '- Je fw~hitl - Mayor / , , '- ) CITY OF ANDOVER ----j COUNTY OF ANOKA STATE OF MINNESOTA NO. R 116-80 / MOTION by Councilperson Lachinski to adopt the following: A RESOLUTION APPROVING A VARIANCE REQUEST TO CONSTRUCT A STORAGE BUILDING CLOSER TO THE FRONT PROPERTY LINE THAN THE PRINCIPAL STRUCTURE ON PLAT 65913, PARCEL 9500, AS SUBMITTED BY ROBERT PEACH WHEREAS, the Planning and Zoning Commission has reviewed the request of Robert Peach to construct a storage building closer to the front property line than the principal structure on Plat 65913, 9500; and WHEREAS, after such review the Planning and Zoning Commission has recommended approval of the request; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being 1)due to the lay of the land, a hardship was created thus requiring a variance, 2)the applicant appeared before the Commission, 3)it would allow reasonable use of the land, 4)it would not adversely affect the adjacent land, and 5)there was no opposition at the meeting; and WHEREAS, the City Council is in agreement with the reasons set forth by the Planning and Zoning Commission with the exception of Reason #2; and WHEREAS, the City Council acknowledges that Mr. Peach's principal structure was built facing his side yard, which indirectly makes the storage building if constructed as proposed, not appear to sit closer the front lot line than the principal structure; and WHEREAS, the City Council further acknowledges the principal structure is built at least 150· from all lot lines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the variance request of Robert Peach to construct a storage building closer than the front lot line than the principal structure as set out in Ordinance No.8, Section 4.05(c). MOTION seconded by Councilperson Jacobson and adopted by the City Council at a Regular Meeting this 16th day of September , 1980, by roll call vote as follows: Aye: Windschitl, Orttel, Lachinski, Jacobson Naye: None Present/Not Voting: Peach (Affected by the variance). CITY OF ANDOVER ----~ ATTEST: . ~ tv ~ . er )1~t1 - Mayor VI \ \._- _/ "-~) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. Rl17-80, 117A-80 MOTION by Councilperson Peach to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF CONCRETE CURB AND GUTTER FOR THOSE STREETS IN CHAPMAN'S ADDITIONS (Rl17-80) AND AUDITOR'S SUBDIVISION NO. 82 (R117A-80) . WHEREAS, the City Council did on the 2nd day of September, 1980, schedule a public hearing for the improvement of concrete curb and gutter in Auditor's Subdivision No. 82, Chapman's Additions, and Quickstrom Addition in the City of Andover; and WHEREAS, published and mailed notice was given pursuant to Minnesota Statutes, Chapter 429; and WHEREAS, the City Council did conduct the Public Hearing on the 16th day of September, 1980; and WHEREAS, as a result of testimony received at the Public Hearing it was deemed acceptable to install such concrete curb and gutter in conjunction with the 1980-3 Street Improvement Project. ./ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the improvement of conrete curb and gutter for Chapman's Additions and Auditor's Subdivision No. 82. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby approve a Change Order for Kenko Construction to include the construction of the concrete curb and gutter at the bid prices shown in the "Add-Alternate" Bid submitted on the 28th day of August, 1980. Lachinski (R-117) MOTION seconded by Councilperson Orttel (R-117Aand adopted by the City Council at a Special Meeting this 24th day of September , 1980, with Councilpersons Windschitl, Lachinski, dacobson, Orttel & Peach in attendance and Councilperson None absent, by roll call vote as follows: Aye: Windschitl, Orttel, Lachinski, Jacobson, Peach Naye: None Present/Not Voting: None CITY OF ANDOVER ATTEST: ~ --- ~_ !v~ / _AJ r y Wln. chitl - Mayor \, ) \~ CITY OF ANDOVER COUNTY OF ANOKA I STATE OF MINNESOTA NO. R118-90 MOTION by Councilperson Peach to adopt the following: A RESOLUTION ESTABLISHING THE 1981 LEVY TO BE CERTIFIED WITH THE ANOKA COUNTY AUDITOR. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The total non-bonded indebtedness levy for the City of Andover covering the 1980, payable 1991, is hereby set at $393,ª10.00; and the total municipal levy is hereby set at $460,600.00, of which $63,707.00 is for 1978 General Obligation Bonds for Public Services Building/Fire Equipment, $302.00 for 1975 Storm Sewer Improvement Bonds, and $3,181.00 for 1976 Sanitary Sewer and Street Improvement Bonds. All other levies are hereby cancelled. MOTION seconded by Councilperson Lachinski and adopted by the City Council at a Special Meeting this 30th day of September , 1980. / CITY OF ANDOVER ~-~ ~~ ~;/ , fy , nUch i-Mayor \ , ) '-) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 119-80 / MOTION by Councilperson Peach to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT FOR THE IMPROVEMENT OF BITUMINOUS STREETS FOR THE CEDAR CREST/VALLEY VIEW AREA (1980-4). 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 all objections to the proposed assessment for the improvement of streets for those streets in the Cedar Crest/Valley View Area under Improvement Project No. 1980-4. 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, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the improvement for the amount levied against it. BE IT FURTHER RESOLVED that such assessment shall be payable in equal annual installments extending over a period of fifteen (15) years, the first of the installments to be payable on or before the first Monday in January, 1981, and shall bear interest at the rate of 10.70% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1981. / 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 anytime prior to November 15, 1980, pay the whole of such assessment with interest accrued to December 31, 1980, except that no interest shall be charged if payment is made on or before November 7, 1980, 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 Auditor if paid after November 15 of the preceeding year. Payments must be made prior to November 15 or interest will be charged for the entire following year, BE IT ~THL FURTHU IŒS(!UED that the City Clerk shall forthwith transmit a certified duplicate 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 of municipal taxes. MOTION seconded by Counc il person ---lli:ttp 1 and adopted by the City Council at a Regular Meeting this 7th day of October , 1980, by roll call vote as follows: (Windschitl, Jacobson, Orttel, Peach in attendance; Lachinski absent. ) Aye: Windschitl, Orttel, Jacobson, Peach / Naye: None Present/Not Voting: None /~ CITY OF ANDOVER // ¡ .' ATTEST: f----- ~t..¿ ~-~ \ /.Î.. . -- Je . hitl H ;-: \ ) C ITV OF ANDOVER I COUNTY OF ANOKA '--' STATE OF MINNESOTA NO. 120-80 / MOTION by Councilperson Peach to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT FOR THE IMPROVEMENT OF BITUMINOUS STREETS FOR THE XENIA STREET/ALLADIN ACRES AREA (1979-2) WHEREAS, pursuant to proper notice duly given as required by Law, t~e C 'Íi.y Counc i1 of the City of Andover has met and heard and passed upon a 11 objections to the proposed assessment for the improvement of streets for those streets in the Xenia Street/Alladin Acres Area under Improvement Project 1979-2. 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, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the improvement for the amount levied against it. BE IT FURTHER RESOLVED that such assessment shall be payable in equal annual installments extending over a period often (10) years, the first of the installments to be payable on or before the first Monday in January, 1981, and shall bear interest at the rate of 7.83% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1981. 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 anytime prior to November 15, 1980, pay the whole of such assessment with interest accured to December 31, 1980, except that no interest shall be charged if payment is made on or before November 7, 1980, with such payment being made to the City Treasurer. He may, at anytime 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 Auditor if paid after November 15 of the preceeding year. Payments must be made prior to November 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 duplicate of this assessment to the County Auditor to be entended 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 Councilperson Or t te 1 and adopted by the City Council at a Regular Meeting this 7th day of October , 1980, by roll call vote as follows: (Windschitl, Jacobson, Orttel, Peach in attendance; Lachinski absent.) Aye: Windschitl, Peach, Orttel, Jacobson Naye: None Present/Not Voting: None CITY OF ANDOVER ~-k' /~ ~ Je y Wi schltl - Mayor- \_) CITY OF ANDOVER " COUNTY OF ANOKA '_J STATE OF MINNESOTA NO. 121-80 J MOTION by Councilperson Peach to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT FOR THE IMPROVEMENT OF BITUMINOUS STREETS FOR THE 133RD AVENUE/GLADIOLA STREET AREA (1980-1). WHEREASt pursuant to proper notice duly given as required by Lawt the City Council of the City of Andover has met and heard and passed upon all objections to the proposed assessment for the improvement of streets for those streets in the 133rd Avenue/Gladiola Street Area (Improvement Project No.198Q-l). NOWt THEREFOREt BE IT RESOLVED by the City Council of the City of Andover that such assessmentt a copy of which is attached hereto and made a part thereoft is accepted and includes all changes adopted by the City Council at the Public Hearingt and shall constitute the special assessment against the lands named thereint and each tract of land therein included is hereby found to be benefitted by the improvement for the amount levied against it. BE IT FURTHER RESOLVED that such assessment shall be payable in equal annual installments extending over a period of ten (10) yearst the first of the installments to be payable on or before the first Monday in JanuarYt 1981. and shall bear interest at the rate of 7.83% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31t 1981. To each subsequent installmentt when duet 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 anytime prior to November 15t 1980t pay the whole of such assessment with interest accrued to December 31t 1980t except that no interest shall be charged if payment is made on or before November 7t 1980t with such payment being made to the City Treasurer. He maYt at any time thereaftert pay to the City Treasurert the amount of the assessment remaining unpaidt excepting that installment for the year in which payment is made shall be paid to the County Auditor if paid after November 15 of the preceeding year. Payments must be made prior to November 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 duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the County and such assessment shall be collected and paid over in the same manner as mlIlidpal taxes. MOTION seconded by Councilperson Jacobson and adopted by the City Council at a Regular Meeting this 7th day of October t 1980t by roll call vote as follows: (Windschitlt Jacobsont Orttelt Peach in attendance; Lachinski absent.) Aye: Windschitlt Jacobsont Orttelt Peach Naye: None Present/Not Voting: None CITY OF ANDOVER J / ,~ ~ ~/ JI__ e.d y 1 sc lti - Mayor CITY OF ANDOVER 'J COUNTY OF ANOKA ,_J STATE OF MINNESOTA NO. 122-80 J MOTION by Councilperson Peach to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT FOR THE IMPROVEMENT OF BITUMINOUS STREETS FOR THE 138th AVENUE/EIDELWEISS STREET AREA (1980-2) 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 all objections to the proposed assessment for the improvement of streets for those streets in the 138th Avenue/Eidelweiss Street Area (Imp. Project No.1980-2). 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 i nc 1 udes all changes adopted by the City Counc i 1 at the Public Hearing, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefitted by the improvement for the amount levied against it. BE IT FURTHER RESOLVED that such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 1981, and shall bear interest at the rate of 8% per annum from the date of adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1981. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. J BE IT STILL FURTHER RESOLVED that the owner of any property assessed, may at anytime prior to November 15, 1980, pay the whole of such assessment with interest accrued to December 31, 1980, 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 the payment is made shall be paid to the County Auditor if paid after November 15 of the preceeding year. Payments must be made prior to November 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 duplicate 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 Councilperson Jacobson and adopted by the City Council at a Regular Meeting this 7th day of October , 1980, by roll call vote as follows: (Windschitl, Jacobson, Orttel, Peach in attendance; Lachinski absent). Aye: Windschitl, Jacobson, Orttel, Peach Naye: None Present/Not Voting: None CITY OF ANDOVER - ~-- / ~ . I/....~~ I e y 1 n ch r - Mayor , '-~) , _J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA I NO. R123-80 MOTION by Councilperson Jacobson to adopt the following: A RESOLUTION APPROVING THE VARIANCE REQUEST OF ROGER REINI TO CONSTRUCT A GARAGE NEARER THE FRONT LOT LINE THAN THE PRINCIPAL STRUCTURE. WHEREAS, the Planning and Zoning Commission has reviewed the variance request of Roger Reini to construct a detached garage nearer the front lot line than the principal structure as required by Ordinance No.8, Section 4.05C; and WHEREAS, as a result of such review the Planning and Zoning Commission is recommending approval of the request; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being l)due to the lay of the land a hardship has been created, 2)it would allow reasonable use of the land, 3)it would not adversely affect the use of the land, 4)there was no opposition by neighboring residents, and 5)it would not be detrimental to the health, safety and welfare of the residents of the City of Andover; 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 variance request of Roger Reini to construct a garage nearer the front lot line than the principal structure as required by Ordinance No.8, Section 4.05(C), with such principal structure located on Plat 65986, Parcel 7900 (5020 - 159th Avenue Northwest). Motion seconded by Councilperson Orttel and adopted at a Regular Meeting of the City Council by unanimous vote (Councilperson Lachinski-absent) this 7th day of October , 1980. CITY OF ANDOVER "- ..... ~~.;-~ e y In ch 1 T - Mayor ------ \ CITY OF ANDOVER , \~ \._J COUNTY OF ANOKA STATE OF MINNESOTA NO. R124-80 / MOTION by Councilperson Peach to adopt the following: A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR THE CONSTRUCTION OF DOUBLE HOMES ON THE PROPERTY BEING PLATTED AS ROSELLA'S ADDITION IN SECTION 29-TOWNSHIP 32-RANGE 24 WHEREAS, pursuant to publdshed notice the Planning and Zoning Commission has conducted a public hearing on the request of Rosella Sonsteby to construct double homes on the property being platted as Rosella·s Addition in Section 29-Township 32-Range 24; and WHEREAS, as a result of such public hearing and review the Planning and Zoning Commission is recommending approval of the request; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being l)it conforms to the provisions of the zoning ordinance, 2)a public hearing was held with no opposition of an intense nature, 3)it will not be detrimental to the health, safety or welfare of the general public of the residents of the City of Andover, 4)the development is consistent with the Comprehensive Development Plan, 5)it meets the basic intent of the ordinances of the City of Andover, 6)the applicant will work with the City Attorney to draw up a party-wall agreement and any other details necessary to the doubles, 7)the criteria for multiples of sanitary sewer and public water is being met and 8)the Special Use Permit shall be contingent on the I approval of the plat of Rosella's Addition incfinal form; and WHEREAS, the City Council is in agreement with those reasons given by the Planning and Zoning Commission; and WHEREAS, the City Council is of the opinion that doubles should not butt directly to existing single family homes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit to construct double homes within the plat of Rosella's Addition now before the Planning and Zoning Commission for preliminary approval. BE IT FURTHER RESOLVED by the City Council of the City of Andover to restrict the Special Use Permit to those lots more than 150· from the north line of the southeast quarter of the southwest quarter of Section 29-32-24. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby make such approval contingent on the approval of the Final Plat of Rosella·s Addition. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby also make such approval contingent on the applicant entering into an Agreement prepared by the City Attorney controlling such double units. MOTION seconded by Councilperson Or tte 1 and adopted by the City Council at / day of October , 1980, by unanimous - absent). ~ t.L. ß...~¿;;/ Je y Wind chitl - Mayor \ .,. \J \. ) CITY OF ANDOVER . COUNTY OF ANOKA STATE OF MINNESOTA ) NO. R124A-80 MOTION by Councilperson Peach to adopt the following: A RESOLUTION VACATING THAT PORTION OF 139TH AVENUE AS REQUESTED BY THE ABUTTING PROPERTY OWNERS. WHEREAS, 139th Avenue in the Southeast Quarter of the Northwest Quarter of Section 32-32-24 has right-of-way dedicated tor the South Half of such street; and WHEREAS, those property owners abutting such easement have requested that it be vacated; and WHEREAS, the Planning and Zoning Commission has conducted a public hearing on the request pursuant to Minnesota Statute; and WHEREAS, as a result of such Hearing and review the Planning and Zoning Commission is recommending that 139th Avenue be paved as a Half-Street and be closed off for traffic; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being 1) it would not create a hardship on Mr. Nungent's driveway, 2)it would eliminate the traffic problem for Mr. Caskinette, 3)if left the way it is, it would be detrimental to the health, safety, and welfare of the residents, 4)many comments were made for and against the J vacation at the public hearing and 5)139th Avenue NW will be the only access to Round Lake Boulevard; and WHEREAS, the City Council is of the opinion that inasmuch as the property to the north will not require the use of this street in their development nor is it needed for any utility improvements that such street would serve no useful purpose; and WHEREAS, the City Council is also of the opinion that the paving of this street would place an unnecessary financial burden on property owners paying assessments; and WHEREAS, the City Council acknowledges that enough right-of-way must be retained for maintenance purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby declare vacated that portion of 139th Avenue in Section 32-32-24 as described on the attached Exhibit "A". MOTION seconded by Councilperson Ortte 1 and adopted by the City Council at a Regular Meeting this 7th day of October , 1980, by unanimous vote (Councilperson Lachinski-absent). CITY OF ANDOVER / A¡~ \ ~11îO ~ ~ ..&V :1 : y 1 sc 1 t - Mayor , f , ) \._) . EXHIBIT IIAII RESOLUTION NO. 124A-80 / ADOPTED 10/7/80 That part of 139th Avenue Northwest right-of-way as laid out and travelled, lying between the Northerly extension of the East right-of-way line of Underclift Street Northwest, as laid out and travelled, and a line lying 20 feet West of and parallel to the West right-of-way line of CSAH No.9, as laid out and travelled. / ) CERTIF- ~A'l'ION 01,' f'lll,-!Ij'l'L~, H!:'l_l\.L.l~';· -'-'J . I ' /Ù $:05,000 L-JJt·mHCIAL PEVELG: ;!'ENT HEVE,___/: No'rE " . Issuer: City of Andover, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A ~egular meeting held on /, October 7, 1980, at 7:30 o'clock P.B., at the city Hall Members present: . , ' , Wlndschltl, Jacobson, Orttel, Peach H'2mbers, absent: L h· k· ac lnS 1 Documents Attached: Minutes of said meeting (pages): RESOLUTION AU'1'HORIZING THE CONSTRUCTION OF A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE SALE AND ISSUANCE OF A COMrlERClÞ,L DEVELOPMENT REVENUE NOTE TO FINANCE THE PROJECT / I, the undersigned, being the duly gualifed and acting recording officer of the public corporation isslling the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of s;;,tid corporation 'In my legal custody, from Hhich they ha'''e 1)2 C=11 t_r ù t1 S (.: r it)c êt j t11a 1=. S¿ ic1 c1()c u H\,:~n t:.~) i:.l)-C ("1 C () r j:-~~ c.: -t 21.[\'...1 {_~()Ht- plete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complet.e cop:i es of all resolutions and other actions taken and of , all document.s approved by the governing body at said meeting, so far as they relate to said bonds; and that said meetin9 was dóly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. ~rl' WITNESS~ þ~nd officially as such reco~ding officer this ~(....:;:;:. day of l}eD·L£0-:...J , 1980. / >- I .......... ./" ------- " ..J" ~ ,..."\ '" - I /?1~~'</2r&<.-./; /l9y'1't:ur ' / Patricia Lindquist, City Clerk Name and' '1'i tIe , <J ú I \J Resolution No. 125-80 Councilmember Or tte 1 introduced the ( following written resolution and moved its adoption: RESOLUTION AUTHORIZING THE CONSTRUC'l'ION OF A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE SALE AND ISSUANCE OF A CÖ~1MERCIAL DEVELOP~ŒNT REVENUE NOTE TO FINANCE THE PROJECT BE IT RESOLVED by the City Council of the City of Andover, I-1innesota (the City), as £0110\-1s: 1. It has been proposed that the City issue its Commercial Development Revenue Note (Lynn C. Boehland Project) (the Note) , to finance the cost of constructing and equipping a dental clinic and office space in the City (the Project). The Council gave preliminary approval to the Project by resolution duly adopted July 29, 1980, and pursuant to the resolution, the following documents relating to the Project have been submitted to the Council and are now, or shall be placed, on file in the office of the City Clerk: (a) Loan Agreement, proposed to be made and entered into between the City and Meadow Creek Associates {the Obligor}; / (b) Assignment of Loan Agreement (the Assignment) , \ proposed to be made and entered into between the City and State \ Bank of Anoka (the Bank); . . (c) Mortgage and Security Agreement and Fixture Flnancln<.? Statement (the Mortgage}, proposed to be made and entered lnto between the Obligor and the Bank; (d) ,Construction Loan Agreement, proposed to be made and entered lnto between the City, Obligor and Bank; - (e) Guaranty Agreement (the Guaranty), proposed to· be executed by Lynn C. Boehland and Perico Arcedo' and ! (f 1 Form of Note. 2. It is hereby found, determined and declared that: (a) the Project is authorized by the Municipal Industrial Development Act. ' / , \ ::¡ 0 <-) . . ; (b) the Project will promote the public interest / by providing an increased tax base for the City and additional employment opportunities for residents of the City and surrounding area; (c) it is desirable that the Note in the principal amount of $275,000 be issued by the City to the Bank, and that the City's interest in the Loan Agreement and the payments thereunder be pledged to the Bank as security for the payment of principal and interest on the Note; (d) the payments required by the Loan Agreement are fixed, and are required to be revised from time to time as necessary, so as to produce income and revenue sufficient to provide for prompt payment of principal of and interest on the Note, and the Loan Agreement and Mortgage also provide that the Obligor is required to pay all expenses of the operation and maintenance of the Project including, but without limitation, adequate insurance thereon and insurance against all liability for injury. to persons or property arising from the operation thereof and all taxes and special assessments, if any, levied upon or with respect to the Project and payment during the term of the Loan Agreement; and " (e) under the provisions of Minnesota Statutes, ) Section 474.10, and as provided in the Loan Agreement and Note, the Note is not to be payable from nor charged upon any funds other than the revenue pledged to th2 payment thereof; the City and officers thereof are not subject to any liability thereon; the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; the Note shall recite that it is payable solely from the revenues pledged to the payment thereof; and the Note shall not constitute a debt of th2 City within U1'.~ me iJ. n i llC] of ~:-.1.11~.( COll- stitutional or statutory limitation. (3) The general form of the Loan Agreement, Assignment, Construction Loa~ Agreement and Note referred to in paragraph 1 are approved. Each such document, with such. variations, insertions and additions as the City Attorney may hereafter deem appropriate, is directed to be executed in the name 0 f, and on behalf of the City by the Mayor and City Clerk. The form of the Mortgage, the Assignment of Rents and Leases and the Guaranty are also approved and the issuance of the Note is hereby conditioned upon execution and delivery of the Mortgage by the Obligor. , (4) The City shall proceed forth\oli th to issue the Note to the Bank, which is hereby authorized,to disburse the proceeds to the parties entitled thereto in payment or / reimbursement for Project costs in accordance with the terms of the Construction Loan Agreement. \ , \ 'i \ ) I ,- \J ,,( Adopted October 7, 1980. / APprove9}/7f'~ ß=.~ /' / Attest '--./ I Councilmember Peach seconded the above resolution and upon vote being taken thereof the following voted in favor: Windschitl, Jacobson, Orttel, Peach and the following voted against the same: None whereupon the resolution was declared duly passed and adopted. / I / <J '--) / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R- 126-80 A RESOLUTION CERTIFYING TO THE COUNTY AUDITOR FOR COLLECTION, UNPAID SEWER USER CHARGES. The City Council of the City of Andover hereby resolves: Pursuant to City Ordinance No. 32, the following charges are hereby certified to the County Auditor to be placed on the tax rolls and collected with the 1991 taxes, if they remain unpaid on October 10, 1990. Paul Dillon, 13317 Gladiola St. N.W., Plat 67604-Parcel 950 ( $19 . gO ) $24.35 John Kunza, 2gl4-134th Ave. N.W., Plat 67604-Parcel 1100 ($19.g0) $24.35 Cyaig Mille!, 2044-lJ5Lll Ave. H.',';., PIaL G'7G30-Fè1H.:d '700 ($21.60 ) $26.'57 Verlyn Hovdestad, l3glg Crosstown Blvd., Plat 67gl0-Parcel gOo ($72.60) $g9.30 FI ð11vlð rt: LeI CU!l, lJ~OO C.L U¡;;¡;; LuvVll 131 v J., Flè1 L 6'78l0-Fè:1.L ~t::l 1080 ($19.80) $24.3; DuWayne Meyers, 14021 Crosstown Blvd., Plat 65933-Parcel 195 ($19.g0) $24.35 Stephen Peterson, 14215 Ivywood St., Plat 6592g-Parcel 6350 ($23.10 ) $2g.4l Tony Arellano, 13929 Nightingale St., Plat 6glll-Parcel 3150 ( $72 .60 ) $g9.30 '~bert Benton, 14001 Nightingale St., Plat 6glll-Parcel 2950 ( $72 .60 ) $g9.30 ~arry Moore, l3g49 Northwood Dr., Plat 67gl0-Parcel 560 ( $72 .60 ) $g9.30 Gary Koleber, l3g59 Northwood Dr., Plat 67gl0-Parcel 520 ( $72 .60 ) $g9.30 Steve Schnickels, 14002 Partridge St., Plat 6glll-Parcel 1350 ($72.60 ) $g9.30 Andrew Chinander, 14006 Quinn St., Plat 6glll-Parcel 450 ( $ 39 . 60 ) $4g.7l Douglas Gauthier, 14027 Quinn St., Plat 6glll-Parcel 900 ($39.60) $4g.7l Earl Sigfrid, 14003 Yukon St., Plat 67gl0-Parcel gO ( $72 .60 ) $g9.30 Julie Matthews, 2503-l3gth Ave., Plat 65933-Parcel 2060 ($145.20 ) $17g.60 Dennis Johnson, 25l5-l3gth Ave., Plat 65933-Parcel 2040 ($79.20) $97.42 David Koch, 23ll-l39th Ave., Plat 6gl09-Parcel 350 ($39.60 ) $4g.7l Tim Wolhart, 2730-l40th Ave., Plat 67gll-Parcel 1700 ($72 .60) $g9.30 Roger Hattling, 26l4-l40th La., Plat 67gll-Parcel 650 ( $72 .60 ) $g9.30 James Harvell, 2644-l40th La., Plat 67gll-Parcel gOO ( $72 .60 ) $g9.30 Mike Wald, 2g47-l42nd Ave., Plat 6592g-Parcel 6730 ($39.60) $4g.7l The above charges represent the sewer user charges, 15% administrative cost for certification and g% interest. Adopted by the City Council of the City of Andover this 7th day of October, 1990. CITY OF ANDOVER ATTEST: '~<U?n~£r"~ ~ \_-) \_-) J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 127-80 A RESOLUTION CERTIFYING TO THE COUNTY AUDITOR FOR COLLECTION UNPAID SEWER CONNECTION CHARGES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to City Resolution, the following charge is hereby certified to the County Auditor to be placed on the tax rolls and collected with the 1981 taxes, if not paid by October 10, 1980. Lot 14, Block 4, Red Oaks 4th Add., Plat 68lll-Parcel 2250 $412.74 The above charge represents the costs paid by the City of Andover for the connection of sanitary sewer to service the residence at the above location, plus a 8% interest charge. ) Adopted by the City Council of the City of Andover this 7th day of October, 1980. CITY OF ANDOVER /!l¿, , ATTEST: hitl - Mayor ----------...., \_) \. ) CITY OF ANDOVER ) COUNTY OF ANOKA STATE OF MINNESOTA NO. R 128-80 A RESOLUTION CERTIFYING TO THE COUNTY AUDITOR FOR COLLECTION UNPAID SEWER CONNECTION CHARGES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to City Resolution, the following charge is hereby certified to the County Auditor to be placed on the tax rolls and collected with the 1981 taxes, if not paid by October 10, 1980: Lot 9, Block 2, Northwood Addn., Plat 67810-Parcel 520 $240.87 The above charge represents the costs paid by the City of Andover for the connection of sanitary sewer to service the residence at the above location, plus a 6.25% interest charge. Adopted by the City Council of the City of Andover this 7th day of October, 1980. CITY OF ANDOVER J ATTEST:-~"'-. /¡~~ i ,¿p i tl - Mayor ·~~~~~I{yc~ / \~ CITY OF ANDOVER ' ) COUNTY OF ANOKA \._" STATE OF MINNESOTA NO. R129-80 ¡ RESOLUTION APPOINTING JUDGES FOR THE GENERAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1980, IN THE CITY OF ANDOVER THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The persons listed below are hereby appointed as Election Judges for the General Election to be held on November 4, 1980, in the City of Andover Precinct No.1 - Andover City Hall, 1685 Crosstown Boulevard NW Lois Benson - Chief Judge Mary West - Assistant Chief Judge Judy Reimann Susan Rylander Sharon Rzeszutek Verna Berggren Rosemary Thompson Mary Ann Bolster Lois Spandgenske Carol Hibbard Elizabeth Jensen Mary May Judy Berry Sharon Robinson Precinct No.2 - Crooked Lake School, 2939 Bunker Lake Boulevard Peg Wick - Chief Judge Gloria Miles - Assistant Chief Judge / Rene Kro 11 Kathy Green Judy Florman JoAnn Christenson Karen Ward Kay Funk Grace Dorsey Leone Struvwe Marilyn David Rosella Sonsteby Jan Greer Lois Granstrom Verna Hennen Li 11 i an Barten Micki Harris BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby establish salaries for Judges as follows: Chief Judge $4.25 per hour Election Judge 3.50 per hour CITY OF ANDOVER ~. f/_ ./..::V e y W 1 n 1 t - Mayor I \~ "'-) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / NO. R130-80 MOTION by Councilperson Orttel to adopt the following: A RESOLUTION APPROVING A SIX-MONTH EXTENSION FOR THE FILING OF THE FINAL PLAT OF ROLLING CREEK TRAILS PURSUANT TO ORDINANCE NO. 10, SECTION 11.01 WHEREAS, the developer of the Plat of Rolling Creek Trails has requested an extension of six-months to file the Final Plat of such project; and WHEREAS, the developer cites "state of the economy" as reason for such request; and WHEREAS, the City Council acknowledges that the minimum lot size may be increased to five acres by Metropolitan Council in conjunction with the review and ultimate approval of the Andover Comprehensive Development Plan; and WHEREAS, the developer was advised that should such change be required and adopted by the City of Andover prior to the submission of the Final Plat such Plat would be subject to meeting those requirements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of ) Andover to hereby approve an extension for the filing of the Final Plat of Rolling Creek Trails to the 21st day of April, 1981. MOTION seconded by Councilperson Peach and adopted by the City Council at a Regular Meeting this 21st day of October , 1980 , I by unanimous vote (Councilperson Jacobson absent). CITY OF ANDOVER ATTEST: ~~. ,h,~';'7J e y Wln It - Mayor / '-._,) l ) , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J NO.R131-80 MOTION by Councilperson Peach to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A PUMPHOUSE UNDER PROJECT NO. 1980-3 (SOUTHWEST AREA). WHEREAS, Toltz, King, Duvall, Anderson & Associates were directed under Resolution No. 66, adopted June 9, 1980, to prepare final plans and specifications; and WHEREAS, such final plans and specifications have been presented for City Council review. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the Final Plans and Specifications as prepared by Toltz, King, Duvall, Anderson & Associates for the construction of a pumphouse under Improvement Project No. 1980-3 (Southwest Area) BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids to be opened on MOTION seconded by Councilperson Orttel and adopted by the City Council J of the City of Andover at a Regular Meeting on the day of Ortnhpr'Þ 1980, ?l~t with Windschitl, Lachinski, Orttel, Peach in attendance and Jacobson absent. Roll call vote as follows: Aye: Windschitl, Lachinski, Orttel, Peach Naye: None Present/not voting: None CITY OF ANDOVER ATTEST: ~r LU .. ; ) . ~ - CITY OF ANDOVER , COUNTY OF ANOKA STATE OF MINNESOTA - NO. R131rSO / A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR WILLIAM RADEMACHER TO INSTALL A BULK STORAGE FACILITY AND SELF-SERVICE GAS PUMPS AT BILL'S SUPERETTE IN THE ANDOVER COMMUNITY SHOPPING CENTER WHEREAS, pursuant to notice published thereof, the Planning and Zoning Commission has conducted a public hearing on the application of William Rademacher to install a bulk storage facility and construct self- service gas pumps at Bill's Superette in the Andover Community Shopping Center; and WHEREAS, as a result of testimony and review the Planning and Zoning Commission is recommending approval of the request; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being l)no opposition was voiced at the Public Hearing, 2)the City Engineer has reviewed the request and finds it satisfactory, 3)the Building Inspector has indicated the plans show adequate parking space, 4)the request complies with Ordinance No.8, Section 4.æ and Section 7.03 , 5 )the request is not detrimental to the health, safety and welfare of the residents of the City of Andover, 6)the Special Use Permit is subject to the provision that the access to the parking lot be constructed in such a way to narrow the driveway to a maximum of 30 feet, and 7) the Special Use Permit is contingent upon construction of a retail store consisting of a minimum of 4,000 square feet; and / WHEREAS, the City Council is in agreement with those reasons stated by the Planning and Zoning Commission; and WHEREAS, the City Council acknowledges that the applicant has applied for and received the building permit for the construction of the retail shopping facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit for William Rademacher to install a bulk storage facility and construct self-service gas pumps at Bill's Superette in the Andover Community Shopping Center. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby require the driveway to the facility to be narrowed to be no more than 30 feet in width. CITY OF ANDOVER , ~~;~ ; ~ ~ .-..........~.. erk / Adopted by the City Council of the City of Andover this 21st day of October , 1980, by unanimous vote (Jacobson-absent). " , ,~~ / ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 133-80 A RESOLUTION APPROVING THE MOVING PERM I] FOR KIM SAI SIA TO MOVE A HOME ONTO PROPERTY DESCRIBED AS PLAT 65907, PARCEL 3210 WHEREAS, the Planning and Zoning Commission has reviewed the request of Kim Sai Sia to move a home onto property described as Plat 65907, Parcel 3210 in the City of Andover; and WHEREAS, the applicant has furnished the City with photographs of the structure; and WHEREAS, the Planning and Zoning Commission is recommending approval of the issuance of a permit to relocate the structure in the City of Andover noting that it will not depreciate the surrounding area; and WHEREAS, the City Council is in agreement with the recommendation of the Planning and Zoning Commission; and WHEREAS, the City Council acknowledges that Ordinance No.4 requires the Building Inspector to insure compliance with all zoning ordinances and Building Codes; and WHEREAS, the City Council further acknowledges that the Building Inspector may withhold issuance of a permit to relocate the structure in / the City of Andover if the provisions of Ordinance No. 4 are not met. NOW, THEREFORE, BE IT RESOLVED by the City Council to hereby approve the issuance of a moving permit to Kim Sai Sia for the relocation of the structure at 3906 Coon Rapids Boulevard to Plat 65907, Rarcel 3210 described legally on the attached Exhibit IIAII. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby make such approval contingent upon approval by the Building Inspector of all provisions in Ordinance No.4 (Regulating the Moving of Buildings) and Ordinance No. (Zoning): BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby make such approval contingent upon the applicant furnishing the City with an affidavit indicating the structure, if moved into the City of Andover, will comply with all zoning ordinances and Building Code requirements within a 120-day period~ with such affidavit secured in the amount of $4,ßOO. ( ¡oJ ) CITY OF ANDOVER , ~ ' ~ , - .,/;.:;;1 Jerr 1~ 1 - Mayor erk / (j ì CITY OF ANDOVER \__/ COUNTY OF ANOKA STATE OF MINNESOTA NO. R134-80 ) MOTION by Councilperson Orttel to adopt the following: A RESOLUTION APPROVING THE PRELIMINARY PLAT OF ANDOVER COMMUNITY SHOPPING CENTER AS BEING DEVELOPED BY WILLIAM RADEMACHER & ASSOCIATES WHEREAS, the Planning & Zoning Commission has reviewed the Preliminary Plat of the Andover Community Shopping Center; and WHEREAS, as a result of such review the Planning & Zoning Commission is recommending approval of the Plat; and WHEREAS, the Planning & Zoning Commission cites as reasons for such recommendation as being: 1) the Plat has been reviewed by the Staff Engineer and meets with his approval, 2) a public hearing was held with considerable non-negative input, 3) the Plat is consistent with the Comprehensive Plan, 4)the Park Board has recommended cash in lieu of land in the amount of $35,837.50, 5)the Plat would not be detrimental to the health, safety and welfare of the residents of the City of Andover, 6)approval is contingent upon receipt of a letter from the Anoka County Highway Department indicating their approval, 7)the following variances are approved: Lot 1, Block 1 is less than the required 2 acres for Neighborhood Business, Lot 1, Block 5 is less than the required 5 acres for Shopping Center, Lot 1, Block 5 is less than 200 feet wide (this would not be allowed to front on a County J State Aid Highway); and WHEREAS, the City Council is in agreement with those reasons given by the Planning and Zoning Commission; and WHEREAS, the City Council acknowledges that a letter of approval has been received from the County Highway Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Preliminary Plat of Andover Community Shopping Center in Section 32-32-24, as being developed by William Rademacher & Associates. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby approve exceptions on aot sizes as set out in the Planning & Zoning Commission recommendation. MOTION seconded by Councilperson Lachinski and adopted by the City Council by unanimous vote this 5th day of November , 1980 CITY OF ANDOVER ATTEST: ~ ~....4.:Z¡ J ry W sc ,tl - Mayor I Patricia K. Lindquist - City Clerk \ CITY OF ANDOVER \_) COUNTY OF ANOKA STATE OF MINNESOTA NO. R135-80 I MOTION by Councilperson Or t te 1 to adopt the following: A RESOLUTION APPROVING THE REGISTERED LAND SURVEY AS PRESENTED BY FLORIAN BACKOWSKI. WHEREAS, the Planning & Zoning Commission has reviewed the Registered Land Survey in Section 18-32-24 ås presented by F. Backowski; and WHEREAS, as a result of such review the Planning and Zoning Commission is recommending approval; and WHEREAS, the Planning and Zoning Commission cites as reasons for such recommendation as being l)a public hearing was held with no public opposition, 2)the subdivision meets the ordinances of the City and the intent of the Comprehensive Development Plan, 3)the subdivision has been reviewed by the Staff Engineer and meets with his approval, 4)the Park Board is recommending cash in lieu of land, 5)approval is contingent upon the following: a. the width and type of surfacing being shown for Dakota Street, b. a 60' right-of-way plus a 15' drainage and utility easement be shown for County Road 58, and c. an additional 5' utility and drainage easement be shown on 7th Avenue, and 6)a variance will be required on all three lots fronting on a County Road pursuant to Ordinance 10, Section 9.02 (a hardship was created as there are no other streets for the lots to front); and ! WHEREAS, the City Council is in agreement with thos reasons given by the Planning and Zoning Commission; and WHEREAS, the City Council acknowledges the copy of the Subdivision, dated October 24 (Revised) meets all contingencies 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 Registered Land Survey in Section 18-32-24, as presented by Florian Backowski. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby make such approval contingent upon the payment of park dedication fees. BE IT STILL FURTHER RESOLVED by the City Council of the City of Andover to hereby make such approval also contingent upon Florian Backowski furnishing to the City a letter from Steven Backowski indicating his approval of the dividing of the property as proposed. MOTION seconded by Councilperson Peach and adopted by the City Council by unanimous vote this 5th day of November , 1980. CITY OF ANDOVER ATTEST: ~l- ~ ..L y Wln hl - Mayor Patricia K. Llndqui~t - City Clerk \ ) , ) """'"-_/ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ,,") J NO. A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 4, 1980, IN THE CITY OF ANDOVER 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, 1980; and was in all respects duly and legally called and held and the returns thereof have been duly and legally canvassed; and the votes received for each candidate are as follows: Precinct 1 Precinct 2 Total Jerry Windschitl - Mayor 1,508 1,643 3,151 Councilmembers Ted Lachinski 1,232 1,354 2,586 Ken Orttel 1,286 1,380 2,666 The following are here 'declared and certified as those elected: Mayor - Jerry Windschitl (Two-year Term) / Councilpersons: Ted Lachinski, Ken Orttel (Four-Year Terms) BE IT FURTHER RESOLVED no irregularities were noted, with the exception of one (1) voter removing her ballot from the polling place (Precinct 1). Summary of results of election are hereby attached and made a part of this resolution. Adopted by the City Council of the City of Andover this 5th day of November , 1980, by unanimous vote. CITY OF ANDOVER ~ 4_~¿¡;d J ry Wln c itl - Mayor / '-~ ) , ) - CITY OF ANDOVER, MINNESOTA ELECTION SUMMARY GENERAL ELECTION NOVEMBER 4, 1980 ) Precinct No. 1 Precd nct No. 2 7:00 A.M. - 1,745 Registered Voters 7:00 A.M. - 1,815 Registered Voters 8:00 P.M. - 2,272 II II 8:00 P.M. - 2,288 II II 527 New Registrants 473 New Registrants 1,000 Registrants - 11/4/80 8:00 P.M. - 1,891 Persons Voted 8:00 P.M. - 1,978 Persons Voted 3,869 Total Voted 4,560 Total Registered Voters 85% Voter Turnout Approximately 81% of those persons casting ballots voted for City ~1ayor,: Approximately 67% of those persons casting ballots voted for a Councilmember ) J " j /31- go - (1-1 ß,/l! ///S' \.,J ¡J' ,/) - ,,i /: I ¡í?:/ 1'1' / '. ",--- ßr ,j '/!-r- i. :_:_.,~,/"':'¿.t~.{:'/-...-'¿:-"" ! ,_) " ("'7 ,/J--_ ,,- ' ~.. ~. '''''' ___:', ",--,'__-1:-L_.C.....,'*--"" / /J 1 i~ ,...., 1:"") '~'J' ./~..~.. :' '" <~" f (1//'(Ž, r_//"e-r, ¡: /.....:"..... /v /./? ~/~. ._~ V I . j ,/ ...../.. (j " 'V< ".......~ /. , <v (J-(-~ " ,; 4 ~~~:__ {'.~ .~ ,,:...'../...-_.4fJ?, '~·-C_ (~~.. .....:.-' f "," / C '.Y' '"' f i~' ";--~--' -/ / Y- JJ ; ," / /, fr- ,'!.....' C.-·-. . _-- ¡ , / / '~J c '\ --~--- \_/ ~ 01 ANDOVER j REGULAR CITY COUNCIL MEETING - NOVEMBER 18, 1980 f1INUTES The Regular Bi-i"1onttlly r'1eetiny of the Andover City Council was called to order by r'layor Jerry Windschitl on November 18, 1980,7:30 p.m., at the Andover City Hall, 1 G85 Cross town ßOlJ levaI'd N\~, Anoka, ¡'1i nnesota, Counc i lInen present: Jacobson, Lachi nsk i, Ortte 1, Peach Councilmen absent: None Also present: City Attorney, William G. Hawkins; TKDA Engineer, Mark Schumacher; City Engineer, Larry Winner; Planning and Zoning Commission Chairperson, d'Arcy Bosell; City Clerk, P. K, Lindquist; and others RESIDENT FORU~l Councilman Orttel stated he saw three more cases of garbage dumped in the City, in this case from residents in Coon Rapids. They were able to identify the people, but the Sheriff's Department has refused to cooperate to even call those people to remove the garbage. Council discussed the problem, with the Attorney stating that no one can be prosecuted unless they are actually observed doing the dumping. The Clerk \^Jas directed to ask the Sheriff to attend the next regular Council meeting to discuss this further. AGENDA APPROVAL MOTION by Peach, Seconded by Orttel, that the Agenda be approved as published with / the Addition of 4h, Hazardous Waste Committee Appointment; 4i, Pumphouse Approval; and 5d, Easement Acceptance. Motion carried unanimously. MOTION by Jacobson, Seconded by Orttel, the suspension of the rules for this evening. Motion carried unanimously. VACATION OF EASEMENT AND PRELIMINARY PLAT/ROSELLA'S ADDITION Council discussion was on the motion made at the November 5 meeting directing the Planning Commission to provide a road access to the west of Rosella's Addition, but that it was the Planning Commission's opinion that such an access is not necessary (Reference P & Z Memo of November 14, 1980). Councilman Peach expressed concern that access be provided to the west for traffic flow, emergency vehicles, and to prevent that property from being locked in by piecemeal development. Mr. Winner demonstrated the topography in the area and noted the proposed street pattern for the westerly property with accesses from the north via Woodbine and from the south once the Good Value property is developed. Councilman Peach noted that that proposal is subject to change; but if Ms. Sonsteby had been required to plat that property as is required in the ordinance, the Council would have been better able to see the overall street layout, plus the development to the south would have been required to tie into those streets. Fire Chief Palmer stated he had not been consulted about the traffic pattern through the plat. Rosella Sonsteby - stated she had no idea when she would be developing the property to the west of this plat because it is so costly to develop. Discussion continued on the most direct routes which might be taken by emergency vehicles to service the property west of the plat. Councilman Peach questioned how the Council can guess what will / happen to the westerly property or tell whether or not this is a good plan when no one knows exactly what developments will be going on around it. Discussion was then on the question of parkland dedication in Rosella's Addition. [Vlayor Windschitl noted that on the parkland dedication proposal before the Council, according to the elevations taken by Ms, Sonsteby's surveyor, a great deal of the area is in the . ,-_J \ . \.J -, ~égular City Council ~1eeting November 18, 1980 - Minutes Page 2 ) (Vacation of Easement and Preliminary Plat/Rosella's Addition, Continued) flood plane. He had thought it was intended to have the park on the east side which could eventually be added to as the adjoining property develops. Anything that could be added onto the proposed parkland to the west would be in the swamp, ~'1s. Sons teby argued that the parkland proposed is all high ground and none of it is swamp. ß i 11 L e F e b v reo f the Par k / R e ere a t ion C omm i s s ion s tat e d hew as not a t the 1 as t me e tin g when this decision was made, but personnally felt that a good place for the park would be Lots 1 and 2 of Block 1, which would be buffered by Vintage and an access to the west and which could be added to at such time that Ms. Sonsteby develops the property tot h e we s t. Council generally felt that would be acceptable, until Ms. Sonsteby stated she does not own the 40 north and west of Lot 1 adjacent to the west edge of the plat. Discussion determined that maximum parkland dedication would amount to 1.46 acres and that parkland on the east side of the plat would be acce~table as it is high enough so some structure could be constructed if desired and it could be added to at such time as the adjacent property to the east develops. Councilman Lachinski agreed with the Attorney that if Ms. Sonsteby would be required to plat all contiguous property, it should have been required initially; and he suggested to Ms. Sonsteby that the best alternative for both the City and herself would be to plat the whole area to deal with both the parkland and road access issues. Ms. Sonsteby replied that the City has a sketch plan of her proposal for the westerly property. It is not known when sewer will be available to the westerly property, and she didn't feel she should go through the expense of platting it now. Mr. Schumacher explained that to include the westerly property in the Coon Rapids interceptor would require Metropolitan Council approval ) since it is now in the CAB district, and he noted that it is even questionable whether that area could be serviced with the existing interceptor. MOTION by Jacobson, Seconded by Orttel, that for the parkland for Rosella's Addition that we accept Lots numbered 1,2, 3, and a portion of 4 of Block 2 to meet the legal requirement for a plat of this size for parkland. Motion carried unanimously. It was generally felt that the remaining land from Lot 4 could be added to Lot 5 to increase the size of Lot 5. Discussion was on the question of providing a street stub to the west edge of the plat. Councilman Lachinski felt that the cross street issue should be based on the requirement of the platting ordinance, and he felt that it doesn't appear that one would be required when looking at the distance from 142nd/Vintage Street to the next crossroad to the north, After some discussion, the general consensus of the Council was to compromise by retaining the easement on Lot 3, Block I, requiring additional footage to be dedicated to make it a full 60-foot easement. This would make Lot 3 an unbuildable lot at this time; but when the area to the west is developed, the easement could be constructed for access or vacated if it is deemed unnecessary. If the easement would be vacated, Lot 3 would become a buildable lot. Councilman Lachinski objected to the proposal feeling that if a street to the west is desired, full dedication should be obtained and the stub street constructed at this time. He also felt that any extension to the west should be on Lot 2 where there would be higher ground to support it. MOTION by Jacobson, Seconded by Orttel, that we accept the Preliminary Plat of Rosella's Addition (legal to be inserted) with the understanding that the easement across Lot 3 of Block I be retained based upon the preliminary plat dated Revision 10-7-80, and contingent upon the park dedication being Lots I, 2, 3, and a portion of 4 thereof as in the previous motion of the City Council this evening; pertaining to the right-of- way width, that we require instead of 33-foot easement on Lot 3 of Block I, the full 50-foot wide width. ,(See Resolution RI37-80) DISCUSSION: Councilman Lachinski was concerned as to the redrawing of the pl~t and what it will look like with the motion as presented. Other Councilmen felt that this is an effort to protect the easement until such time as it is felt it is needed or that it is no longer needed depending on , I ~,~ tfJ '-_.J .. _gular City Council Meeting November 18, 1980 - Minutes Page 3 ) (Vacation of Easement and Preliminary Plat/Rosella's Addition, Continued) how the property to the west is developed. If it is developed as presented and the road access is not needed, it would then be vacated and Lot 3 would become a buildable lot. Ms. Sonsteby questioned why a person should have to pay for all the sewer and water going through there but then not be able to bui ld on half the property. She stated she didn't think that was fair. Ms. Sonsteby also illustrated the existing streets in the area along with those she proposed, and felt that requiring the access to the west from her plat would be poor planning, coming through the lowland. She didn't feel it was right to build all the expensive roads for the small amount of land back there. " Councilman Lachinski was opposed to the motion because it does not comply with anything f. the Council has done in the past and because if it is considered necessary in the future, the City would have to pay for the construction of that access to the west. Plus if the street is built, there may be some small strips of land that would go tax forfeit at some point in time. VOTE ON MOTION: YES-Jacobson, Orttel, Peach, Windschit1; NO-Lachinski Motion carried. Discussion continued on the mechanics of obtaining the additional 27 feet to make a 60-foot easement through Lot 3. Mr. Hawkins recommended to leave the plat as shown for Lot 3 and to ask Ms. Sonsteby to provide a separate easement after it is recorded over the 27 feet that is contiguous to the existing 33 feet. It would be platted this way with an easement of record over 60 feet across the lot. Council generally felt that it doesn't really matter where the 27 feet is added as long as there is a contiguous 60-foot easement through Lot 3. ) MOTION by Peach, Seconded by Ortte1, to raise from the table the motion referring to the vacation of easement. AMENDMENT TO MOTION by Peach to include that portion of the easement on the James Francis property directly north of the Rose11a1s Addition, approximately 115 feet, north of Lots 2 and 3 in Rosel1a1s Addition. Amendment dies for lack of a Second. AMENDMENT TO MOTION by Lachinski, Seconded by Peach, to say on that area lying westerly of the west line of Hagen's property extended northerly to the west line of Lot 3 (Block 1 ) (See Resolution R138-80) VOTE ON AMENDMENT: Carried unanimously. VOTE ON MOTION: Carried unanimously. EXTENSION/FINAL PLAT - HAWKRIDGE EAST Sylvia Britton, representing Lawrence Carlson, stated the extension is needed to finish the roads. Mayor Windschitl pointed out that should the Metropolitan Council require the City to have five-acre lots in the rural area, it could become effective during the period of the extension, Ms. Britton stated that then they would have the option of bonding for the roads and getting approval for the final. MOTION by Lachinski, Seconded by Jacobson, that we allow an extension of six months for Mr. Carlson to finalize the plat of Hawk Ridge East. (See Resolution R 139-80) DISCUSS ION : Councilman Peach stated he is voting against it because he felt the road plan was bad when the plat was presented, and he voted against it then. VOTE ON MOTION: YES-Jacobson, Lachinsk i, Ortte 1, Windschi tl; NO-Peach Motion carried. HAZARDOUS WASTE/RESOLUTIONS MOTION by Orttel, Seconded by Lachinski, that the Hazardous Waste Resolutions be held until the next Council meeting. Motion carried unanimously. '.-) I _~ \( _ f.~: ,,~) 0- J!{7~~~j f:/ ' "') , ¡g/<::",-' ; 11 ,0' I _" AI! ~"' - ;:\ ' :J 0 ~/I :.'. r _,._.~ ,r'--- / ' .. i___~'" '- -~ ..:; _.... -~.-- ...~ ~ ......--- , ) ¡ .. ..-, ,-::;-'-1 :~- ( / :/ . f - .' // 0" J<-"d .'.'_..~~ If -' (1,/'[/ ¿,. ,.. í " J, ) ( (, r ~...../ 1 ,," ,,' ',' "J~ /,,, 'J"" ,_P B' - ' j J ~ /' ,./¡;.~ I ' t..\ .7..{1 L\->J ,......-...... (' I. ..../-- ~/~_/ .-,,/ ~r/-~'- I í ,I / ì ,-.J _./ CITY OF ANDOVER COUNTY OF ANOKA I STATE OF MINNESOTA NO. 139-80 MOTION by Councilperson Lachinski to adopt the following: A RESOLUTION AUTHORIZING EXTENSION OF FILING THE FINAL PLAT OF HAWK RIDE EAST AS BEING REQUESTED BY THE DEVELOPER, LAWRENCE B. CARLSON. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to Ordinance No. 10, Section 11.01(a), an extension of six months to May 18, 1981, is hereby granted to Lawrence B. Carlson to file the Final Plat of Hawk Ridge East. MOTION seconded by Councilperson Jacobson , and adopted by the City Council at a Regular Meeting this 18th day of November , 1980. CITY OF ANDOVER J ATTEST: ~~'d_ ~~'V ry W, aschitl - Mayor / ') (j , _.J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA / ,-'u / MOTION by Councilperson Peach to adopt the following: A RESOLUTION APPROVING EASEMENTS FOR THE CONSTRUCTION OF HANSON BOULEVARD THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Easements for the construction of Hansen Boulevard, Phase I, are hereby approved as follows: John Scherer $2,020 ($1,520-land, $500-fence removal) Wa lter Vos i ka $1,440 ($1,140-land, $300-appraiser) Wi 11 i am Hupp $1,865 (land only) The City Clerk is hereby directed to forward payment in the above amounts to those property owners as shown. MOTION seconded by Councilperson Orttel and adopted by the City Council at a Regular Meeting this 18th day of November , 1980. CITY OF ANDOVER ATTEST: j ~ -tdf' ~ J1 Y \1ï[?1SChlt - Mayor Patricia K. Lindquist - City Clerk .I ': \...J '_J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO.141-80 / MOTION by Councilperson Lachinski to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CONSTRUCTION OF A PUMP HOUSE UNDER IMPROVEMENT PROJECT 1980-3 THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to advertisement for bids as required by law, bids were received, opened and tabulated on November 14, 1980, 10:30 A.M. (CST) at the Andover City Hall with results as follows: Johnson Engineering, Inc. $149,961.65 A & K Construction, Inc. 153,992.00 Lee Richert Plumbing & Heating, Inc. 156,190.00 The Mayor and Clerk are hereby authorized to enter into a Contract with Johnson Engineering, Inc. in the amount of $149,961.65. The Clerk is hereby directed to return to all bidders the security posted with their bids, except that the security of the two lowest bidders shall be retained until a Contract is executed, but no longer than sixty (60) days. MOTION seconded by Councilperson Jacobson and adopted by the City Council at a Special Meeting this 25th day of November , 1980, by j roll call vote as follows: Aye: Windschitl, Lachinski, Peach, Jacobson, Orttel Naye: None Present: None CITY OF ANDOVER ATTEST: Patricia K. Lindquist - City Clerk / \ , \ \ ) <.--1 - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ) NO. /73 gù I" ,L MOTION by Councilperson to adopt the following: A RESOLUTION DENYING THE VARIANCE REQUEST OF JERRY SCHILLING TO CONSTRUCT A GARAGE NEARER THE FRONT LOT LINE THAN ALLOWED BY ORDINANCE NO.8, SECTION 4.05(C) WHEREAS, the Planning and Zoning Commission has reviewed the variance request of Jerry Schilling to construct a garage nearer the front lot line than allowed by Ordinance No.8, Section 4.05(C) on Lot 4, Block 3, Smith's Rolling Oaks; and WHEREAS, after such review the Planning and Zoning Commission moved to deny the variance request; and WHEREAS, the Planning and Zoning Commission cited as reasons for such denial recommendation as being l)there appears to be no hardship relative to the topography of the land, 2)it does not preclude the reasonable use of the land; and WHEREAS, the City Council is in agreement with those reasons given by the Planning and Zoning Commission; and WHEREAS, the City Council acknowledges the ordinance specifically } provides a variance may not be given for financial reasons; and WHEREAS, the City Council further acknowledges the ordinance does not allow for the issuance of a variance except for a topography reason. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby deny the request of Jerry Schilling to construct a garage nearer the front lot line than allowed by Ordinance No.8, Section 4.04(C). MOTION seconded by Councilpe~~Jn and adopted by the City Council at a Regular Meeting this day of , 1980. CITY OF ANDOVER ATTEST: ~(~'-k~ Patricia K. Lindquist -City Clerk y Win chit - Mayor J \. J CITY OF ANDOVER ',J COUNTY OF ANOKA STATE OF MINNESOTA NO. R144-80 / MOTION by Councilman Peach to adopt the following: A RESOLUTION ACKNOWLEDGING CONCERN AND REQUESTING LICENSING AGENCIES TO CEASE ISSUANCE OF OPERATING LICENSE TO THE RON ROTH LANDFILL IN THE CITY OF ANDOVER WHEREAS, the City Council of the City of Andover is fulJy aware of the high water table in the area of the landfill; and WHEREAS, the City Council of the City of Andover is further aware of the large number of private wells in areas abutting the landfill; and WHEREAS, the City Council of the City of Andover acknowledges that private wells can be contaminated through various means; and WHEREAS, the City Council of the City of Andover further acknowledges the installation of public wells to service this area is not economically feasible at this time nor in the near future; and . WHEREAS, the City Council of the City of Andover is aware of hazardous wastes being stored at this landfill; and WHEREAS, the City Council is also aware that such storage was permitted by the State of Minnesota and the County of Anoka in the early 1970's; and WHEREAS, the City Council of the City of Andover has not received any / information to indicate this hazardous waste pit to be totally free from leaching into the waterways now or in the future; and WHEREAS, the City Council of the City of Andover has a concern that other hazardous wastes may be dumped randomly in the landfill; and WHEREAS, the City cannot be gLa ranteed that leachate from thi s landfill fill not infiltrate the neighboring private wells causing health and safety problems for the residents of the City of Andover. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby request the licensing agencies to no longer issue a license to Ron Roth for the operation of a landfill in the City of Andover. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby require that any severance costs for the closing of the landfill be borne by the licensing agencies. MOTION seconded by Councilman Lachinski and adopted by the City Council at a Regular Meeting this 2nd day of December , 1980, by unanimous vote. CITY OF ANDOVER / ATTI:'ST") ~I!¥ N:r- ~ Id1- Je y Wl c 1 -:".. aÿÓr ,7 '\ \ '__J \,J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J NO. "e;- MOTION by Councilperson to adopt the following: A RESOLUTION APPROVING THE VARIANCE REQUEST OF C. WESTLUND TO CONSTRUCT A HOME FACING THE LONG SIDE OF A CORNER LOT NOT IN COMPLIANCE WITH ORDINANCE NO.8 , SECTION 3.02(WW). WHEREAS, the Planning and Zoning Commission has reviewedthe~,variaoce request of Christopher Westlund to construct a home using the long side of a corner lot as the front lot line; and WHEREAS, the Planning and Zoning Commission has set forth a recommendation to the City Council for the approval of such request; and WHEREAS, the Planning & Zoning Commission cites as reasons for such recommendation as being: l)it will not adversely affect the existing or potential use of the adjacent properties, 2)it is necessary to the reasonable use of the land, 3)a hardship is created because the property is longer on 142nd Avenue than it is on Heather Street, and 4)it is in conformance with the Comprehensive Plan insofar as future solar heating possibilities are concerned; and WHEREAS, the City Council is aware of the necessity to conserve energy; and ) WHEREAS, the City Council acknowledges that a north facing structure is not conducive to solar heating. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the variance request of Christopher Westlund to construct a home using the long side of a corner lot as as front side not in compliance with Ordinance No.8, Section 3.02(WW). BE IT FURTHER RESOLVED BY THE CITY COUNCIL to make such variance approval contingent on the structure being placed so as to allow a required front yard setback on both street sides. ,. ~ -,. '..- , " MOTION seconded by and adopted by the City Council at a ¿ --- ~ ,~)..<.:-- Regular Meeting this day of , 1980. CITY OF ANDOVER ATTEST: t ~~y~ " ry ~dSChitl - Mayor Patricia K. Lindquist - City Clerk / ì CITY OF ANDOVER \-1 'J COUNTY OF ANOKA STATE OF MINNESOTA NO. R146-80 / A RESOLUTION DETERMINING THE ADVISABILITY OF CONTINUING THE FRANCHISING PROCESS FOR CABLE TELEVISION FOR THE CITY OF ANDOVER INITIAL SERVICE AREA WHEREAS, the City of Andover is included in an approved cable service territory which includes three (3) other cities in the major metropolitan suburban area; and WHEREAS, the City of Andover shall be franchising authority for the cable system to be installed within its corporate boundaries; and WHEREAS, the City Council has been informed and will continue to be informed about cable communications by its representative to the Anoka/ Champlin/Ramsey Cable Commission; and WHEREAS, the City of Andover has assessed the communication needs of the persons residing within the City of Andover; and WHEREAS, the summary of the needs assessment of the City of Andover is publicly available from the City; and WHEREAS, the needs assessments indicate certain cable communication needs of the citizens of Andover which would be satisfied by a cable communications system. J NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that it is advisable at this time to continue the franchising process in the Anoka/Champlin/Ramsey Cable Commission. Adopted by the City Council of the City of Andover by unanimous vote at a Regular Meeting this 2nd day of December , 1980. CITY OF ANDOVER ATTEST: Jerry Windschitl - Mayor Patricia K. Lindquist - City Clerk / ~,- ) ) CITY OF ANDOVER '_./ COUNTY OF ANOKA STATE OF MINNESOTA NO. R147-80 / A RESOLUTION ESTABLISHING A CABLE TELEVISION LOBBYIST POLICY FOR THE CITY OF ANDOVER WHEREAS, various individuals have approached and will in the future approach, City Council members to communicate with them regarding various vested interests in the cable television franchising process in this area; and WHEREAS, the City Council's decision on the cable television franchise will be enhanced by its receipt of information from all sources interested in the cable television franchising process; and WHEREAS, the City Council believes it important that council members are fully aware of the source of information received so that council members may best evaluate the expertise and motives of the individuals with whom they are communicating; and WHEREAS, the City believes that aside from discussion inititated by individual City Council members and city staff for the purpose of answering individual questions, all communication to all council members at a regularly scheduled meeting of the City Council; and WHEREAS, in the democratic free exchange of ideas, a lobbyist best / serves the prerspective he or she represents by the open expression of that perspective before the entire City Council so that all council members have the opportunity to subject that represented perspective to public scrutiny and question; and WHEREAS, the City Council believes that in order to credit any input it receives from individuals who are nonmembers of the City Council, the supplier of that information must be indentified along withfue identification of any special interest, association, cable company or the like represented by said lobbyist. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby adopt the following procedures: 1. All individuals sharing information with individual City Council members, city staff, or the City Council as a whole, shall indentify themselves and any special interest, association, cable company or the like which he or she represents. 2. To this end, and in furtherence of this resolution, the City Council hereby establishes the permanent lobbyist registration list compiled by the secretary of the City Council, made a permanent addendum to the Minutes of the City Council, and made a part of the similar permanent lobbyist registration list of the Anoka/Champlin/Ramsey Cable Commission. Any individual, association, cable company or the like who supplies / or intends to supply information to the City Council, any part thereof, or any City staff member shall report in writing to the secretary of the City Council the name and affiliation of the person communicating with the City Council, part thereof, or City staff member. \ '\ \J \~J 3. To facilitate compliance with these procedures, it is the intention of the City Council to presume that a lobbyist communicating information regarding cable television to individual City Council / members who is not identified for the purpose of the permanent lobbyist registration list as to name and affiliation, is attempting to influence the open decision-making process of this City Council in a way which is inconsistent and in violation of the policies of this City Council. A violation of this policy or procedure, as determined in the sole discretion of the City Council, shall be legitimate and valid justification for a refusal to consider the input of the lobbyist. Should the City Council in its sole discretion determine that the violating lobbyist represents a cable television company, the violation shall be a legitimate and valid justification for the City to reject the proposal of said company. ADOPTED by the City Council of the City of Andover by unanimous vote at a Regular City Council Meeting this 2nd day of December , 1980. CITY OF ANDOVER !\JTfST':~ ~.IAJ~ \ Jerr(l 1 n c h it 1 - Mayor \. I , '\ ,-j . .,- RESOLUTION NO )S-D - q RESOLUTION DETEffi1INING THE NECESSITY FOR AND AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY BY PROCEEDINGS IN EMINENT DO~1AIN WHEREAS, the City Council has heretofore determined that the City of Andover, Minnesota, should construct a storm sewer, sanitary sewer and water improvements to serve certain properties within the southwestern area of the City of Andover; and WHEREAS, negotiatións with the owner of property over which the City needs to acquire certain drainage and utility easements have been unsuccessful; \ ) NOH, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER AS FOLLOWS: , , l. Acquisition by the City of a storm water drainage and utility easement over the following described property is necessary for the purpose of construction of storm sewer, sanitary sewer and water improvements. Parcell. A permanent easement for storm water drainage and ponding purposes over that part of the South Half of the Northwest Quarter of Section 32, Township 32, Range 24, Anoka County, Hinnesota, lying Northerly of the Northerly right-of-way line of County Road 116 as now presently traveled and established, excepting therefrom the West 60 feet lying North of County Road No. 116 and excepting the East 547 feet thereof described as follows: Commencing at the intersection of the Hesterly ) right-of-way line of Underclift Street Northwest as now laid out and traveled and the Northerly right-of-way line of County Road No. 116 as now laid out and traveled; thence Westerly along said Northerly right-of-way line of County Road No. 116 a distance of 610 feet to the point of beginning; thence deflecting right 51 degrees 30 minutes a distance of 810 feet to a point; thence deflecting left 56 degrees 4~ minutes a distance of 410 feet to a point; thence deflecting left 72 degrees 30 minutes a distance 250 feet more or less to the intersection with the Northerly right-of-way line of County Road No. 116; thence Southeasterly and Easterly along said right-of-way line to the point of beginning. ) Parcel 2. A permanent easement for utility purposes over the following described property: ') _/ , þ . That part of the South Half of the Northwest Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the intersection of the Westerly right-of-way line of Underclift Street Northwest as now laid out and traveled and the Northerly right-of-way line of County Road No. 116 as now laid out' and traveled; thence Westerly along said Northerly right-of-way line of County Road No. 116 a distance of 210 feet to the point of beginning; thence Northerly at right angles a distance of 20 feet; thence Westerly and parallel to the Northerly right-of-way line of said County Road No. 116 a distance of 400 feet; thence Southerly at right angles to the intersection with said Northerly right-of-way; thence Easterly along said Northerly line to the point of beginning. 2. The City Attorney is authorized and directed '-) on behalf of the City to acquire an easement over, across and under the real estate above described by the 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 purposes of this resolution. Adopted by the City Council this day of , 1980. Mayor ATTEST: \ Clerk-Treasurer ) . , ) ) (,~) " --./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R151-80 A RESOLUTION REQUESTING THE DEPARTMENT OF NATURAL RESOURCES APPROVAL AND ACCEPTANCE OF MAP ADOPTED BY THE ANDOVER CITY COUNCIL ON THE 16TH DAY OF DECEMBER, 1980, AS THE OFFICIAL WETLANDS MAP OF THE CITY OF ANDOVER WHEREAS, the Andover City Council requests that only Type 3, 4, and 5 wetlands greater that five acres in size be designated as public wetlands; and WHEREAS, the Anoka Soil Conservation Service has prepared an accurate wetland map and inventory for the City of Andover; and WHEREAS, the DNR Public Waters Map has designated wetlands less than 5 acres in size and of Types 1, 2, 6 and 7 as classified by the Anoka County Soil Conservation Service; and WHEREAS, the DNR Public Waters Map has obvious errors in the location, size and shap of wetlands; and WHEREAS, the DNR Public Waters Map has designated wetlands not shown on the Anoka County Soils Conservation Service Maps; and WHEREAS, the DNR Public Waters Map has designated wetlands in the Rum River Floodplain which are already subject to the controls of ) the Flood Plain Ordinance and the Rum River Scenic River Ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, filing under protest, to hereby request the Minnesota Department of Natural Resources to accept and approve the attached City of Andover Wetlands Map, dated the 16th day of December, 1980, as the Official Wetlands Map of the City of Andover. Adopted by unanimous vote of the Andover City Council at a Special Meeting this 29th day of December , 1980. CITY OF ANDOVER Jer~h~~ " ) J/ ~ \ I .r), .:)./ /} \ ) \ !/ '_/ /', , 0·'7 .\J /1 , /" I / I ,'" I / ~..~ ," ,// " - .," - /.' {' /' ".:-....¡--'.' . / I _,'" ,/, ,,/- ~ -' í -0.l· :.-'-~ / I·-·'} /. ..'" ,- .'"~ / ,¿ , i - , -~. 1 ,'. / ~.~.: .~> ~. '" ,~' --- - ' / /"1 c;. ,,) (/ /' / ( " ',~ f '/' ,,'.' J~,_' ///...(',~,,->'.' .'-'~--' ) ¡ . '~ . (,' \, , 'J" " U . \ J / j /,1"-") (' 'j.': ...... \ ) I ~~~f-:'" _'.i~·--' ~ - ) , '~-/ / ./ ,r' -) i_.--..... H/J z</, /./! .. " \J /'2./~ ' 1/ / . ~-<q-!J , . 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