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Home My WebLink About2004 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R215-04 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2005-2009 CAPITAL IMPROVEMENT PLAN. WHEREAS, the preparation and adoption of capital improvement plans is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's infrastructure and equipment; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2005-2009 City of Andover Capital Improvement Plan. Adopted by the City of Andover this 21st day of December 2004. CITY OF ANDOd ~4? ~ ~ ATTEST: Michael R. Gamache - Mayor /f/,;;., O~ Victoria Volk - City Clerk STATE OF MINNESOTA) COUNTY OF ANOKA) CITY OF ANDOVER) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. 215-04 adopting the City of Andover 2005-2009 Capital Improvemeut Plan with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 21st day of December 2004. ~(/~ Victoria Vall< - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R213-04 A RESOLUTION APPROVING THE PRELIMINARY PLAT WITH PLANNED UNIT DEVELOPMENT REVIEW OF "ANDOVER STATION NORTH" LOCATED NORTHWEST OF THE INTERSECTTI0N OF HANSON BOULEVARD AND BUNKER LAKE BOULEVARD LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, Andover Economic Development Authority (EDA) has requested approval of a preliminary plat of Andover Station North, and; WHEREAS, the Andover Review Committee has reviewed the preliminary plat, and; WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, the applicant has requested a variance to City Code 11-3-6 B. to allow lots without frontage on a public street, and; WHEREAS, the Planning Commission recommends approval of the variance based on the finding that the lots are being created to facilitate a phased project for which a master plan has been created to illustrate how access to a public street will be provided in the future, and; WHEREAS, as a result of such public hearing, the Planning and Commission recommended to the City Council approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the preliminary plat with the following conditions: 1. Each lot shall be developed in conformance with the City Code and the Andover Station North Design Guidelines. 2. Park dedication and trail fees shall be paid by the purchaser of each lot through the land sale or at the time the land is further subdivided. 3. Drainage and utility easements for each lot shall be established at the time that each site is proposed for development. 4. A property owners association shall be created with the owner of each lot provided membership. The association shall be financially responsible for maintenance of outlots A andB. 5. A variance to City Code 11-3-6 B. is approved to allow lots without frontage on a public street to facilitate the phased implementation of the Andover Station North concept plan. Adopted by the City Council of the City of Andover this 21 st day of December, 2004. CITY OF ANDOVER ATTEST: C-///.d;'vL---e /-L ~ (/d/J Victoria V olk, City Clerk . ichael R. Gamache, Mayor EXHiBIT A ANDOVER STATION NORTH LEGAL DESCRIPTION That part of the Northeast Quarter of the Northeast Quarter, Section 34, Township 32, Range 24, Anoka County, Minnesota, lying southerly of the following described line: Beginning at a point on the west line of said Northeast Quarter of the Northeast Quarter distant 15.00 feet south from the northwest corner of said Northeast Quarter of the Northeast Quarter; thence on an assumed bearing of South 89 degrees 08 minutes 39 seconds East, parallel with the north line of said Northeast Quarter of the Northeast Quarter, a distance of 180.50 feet; thence South 75 degrees 30 minutes 33 seconds East a distance of 190.89 feet; thence South 89 degrees 08 minutes 39 seconds East a distance of 474.80 feet; thence North 67 degrees 05 minutes 08 seconds East a distance of 111.64 feet; thence South 89 degrees 08 minutes 39 seconds East a distance of 373.94 feet to a point on the east line of said Northeast Quarter of the Northeast Quarter and said line there terminating. AND That part of the Northwest Quarter of the Northeast Quarter, Section 34, Township 32, Range 24, Anoka County, Minnesota, lying westerly and southerly of the following described line: Commencing at the northeast corner of said Northwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 89 degrees 08 minutes 39 seconds West, along the north line of said Northwest Quarter of the Northeast Quarter, a distance of 1078.71 feet to the actual point of beginning of the line to be described; thence South 68 degrees 56 minutes 31 seconds East a distance of 402.99 feet; thence South 81 degrees 03 minutes 01 seconds East a distance of 109.56 feet; thence North 70 degrees 32 minutes 11 seconds East a distance of 198.91 feet; thence North 80 degrees 59 minutes 38 seconds East a distance of 411.75 feet to a point on the east line of said Northwest Quarter of the Northeast Quarter distance 15.00 feet south from said northeast corner of the Northwest Quarter of the Northeast Quarter, and said line there terminating. AND The Southeast Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota, EXCEPT the east 600.00 feet thereof, and also EXCEPT part taken for street and utility purposes as shown in Final Certificate recorded as Document No. 1141388, and EXCEPT the following described tract ofland: All that part of the Southeast Quarter of the Northeast Quarter of Section 34, Township 32 North, Range 24 West, Anoka County, Minnesota, described as follows: Commencing at the southwest comer of said Southeast Quarter of the Northeast Quarter; thence on an assumed bearing of North 00 degrees 14 minutes 51 seconds East along the west line of said Southeast Quarter of the Northeast Quarter, a distance of 309.76 feet; thence South 88 degrees 18 minutes 29 seconds East, a distance of 32.01 feet to its intersection with a line drawn parallel with and distant 32.00 feet east of said west line of the Southeast Quarter of the Northeast Quarter and to the point of beginning of the parcel of land to be described; thence continuing along the last described course, a distance of319.42 feet; thence South 01 degree 41 minutes 31 seconds West, a distance of 242.00 feet; thence North 88 degrees 18 minutes 29 seconds West, a distance of 284.07 feet; thence northwesterly a distance of 46.37 feet along a tangential curve concave to the northeast having a radius of 30.00 feet and a central angle of 88 degrees 33 minutes 19 seconds to its intersection with said line drawn parallel with and distant 32.00 feet east of the west line of the Southeast Quarter of the Northeast Quarter; thence North 00 degrees 14 minutes 51 seconds East tangent to said curve along said line drawn parallel with and distant 32.00 feet east of the west line of the Southeast Quarter of the Northeast Quarter, a distance of212.82 feet to the point of beginning of the parcel ofland described. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 212-04 A RESOLUTION AMENDING CONDITIONAL USE PERMIT R052-97 OF CHRIS BEBERG TO OPERATE A RETAIL TRADE AND SERVICE FACILITY (RETAIL LANDSCAPING SUPPLY) IN AN I, INDUSTRIAL ZONING DISTRICT PURSUANT TO TITLE 12-13-3-E ON PROPERTY LOCATED AT 13535 GROUSE STREETNW. WHEREAS, Chris Beberg has requested a Conditional Use Permit Amendment to operate a retail trade and service facility (retail landscaping supply) pursuant to Title 12-13-3-E on property located at 13540 Hanson Boulevard NW, legally described as: The East half of Lot 13, Watt's Garden Acres, Anoka County, Minnesota, except roads subject to easements of record; along with that part of Lot 14 of Watt's Garden Acres, Anoka County, Minnesota, lying easterly of the easterly line ofParcelZ, City of Andover Highway Right-of-Way Plat No.3 and lying easterly and northerly of the easterly and northerly lines of Parcel 3, City of Andover Highway Right-of-Way Plat No.3, Anoka County, Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Chapter 12-13-3 of the City Code: WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and; WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of this Conditional Use Permit Amendment request NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit on said property with the following conditions: 1) The applicant shall be required to complete the Commercial Site Plan process. 2) The conditional use permit shall be subject to a sunset clause as defined in City Code 12- 15-6. 3) The hours of operation be limited to Monday through Friday, 7:00 AM to 8:00 PM, Saturday from 7:00 AM to 5:00 PM, and Sundays from 10:00 AM to 5:00 PM. Adopted by the City Council of the City of Andover on this _ day of December, 2004. CITY OF ANDOVER c;/Z;p .~ {)A'/I ~ ... . ATTEST: ichael R. Gamache, Mayor ~ tJ.$ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R211-04 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING A RESTRICTED DONATION MADE TO THE CITY OF ANDOVER TOWARDS THE ANDOVER STATION NORTH PARK. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the donation from Andover Baseball Association of $40,000 is strictly for the construction of baseball fields at Andover Station North Park. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation, which is to be used towards the Andover Station North Park. MOTION seconded by Councilmember Knioht and adopted by the City Council at a regular meeting this 21 st day of December 2004, with Councilmembers Gamache. Knioht. Orttel. Jacobson. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ U~~ )Mthaef R ache - Mayor /~a& Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R209-04 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2005. WHEREAS, the preparation and adoption of budgets is recognized as sound [mancial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2005; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified Anoka County as part of prior year bond sales. NOW, TIffiREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2005 as listed on Attachment A. Adopted by the City of Andover this 21" day of December 2004. CITY OF ANDOVER Z~4?~~ ~ ATTEST: Michael R. Gamache - Mayor ~ t/dL Victoria V olk - City Clerk STATE OF MINNESOTA) COUNTYOFANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and actiug City Clerk of the City of Andover, Minnesota, do hereby certifY that 1 have carefully compared the attached Resolution No. R209-04 adoptiug the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2005 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 21" day of December 2004. (1;;f~A. J I)~/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 208-04 A RESOLUTION DESIGNATING NO PARKING ALONG CERTAIN STREETS WITHIN THE DEVELOPMENT OF MILLER'S WOODS (PHASE I). WHEREAS, no parking will be required along certain streets which are as follows: . Along both sides of 159th Avenue NW between Crosstown Boulevard NW and Olive Street NW . Along the west side of Olive Street NW to the north and to the south 159tli Avenue NW NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone for Miller's Woods (Phase I). Adopted by the City Council of the City of Andover this 21st day of December ,2004. ATTEST: ~ ();/LJ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 207-04 MOTION by Council member Trude to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 04-52A FOR WELL #9 TRANSMISSION LINE. WHEREAS, the City Council is cognizant of the need for the well; and NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and specifications for the improvement of Well #9, Project 04-52A; and BE IT FURTHER RESOLVED by the City Council to hereby direct SEH to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Knioht and adopted by the City Council at a reoular meeting this 21st day of December , 2004 , with Councilmembers Trude. Knioht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ a# Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 206-04 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 04-52 FOR WELL #9 DRILLING. WHEREAS, the City'Council is cognizant of the need for the well; and NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and specifications for the improvement of Well #9, Project 04-52; and BE IT FURTHER RESOLVED by the City Council to hereby direct SEH to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Kniaht and adopted by the City Council at a reaular meeting this 21 sl day of December , 2004 , with Councilmembers Trude. Kniaht. Ortiel. Gamache. Jacobson voting in favor of the resolution, and Council members none voting against. whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ Ittb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MlNNESOTA RES. NO. R205-04 APPROVING COST-OF-LIVING ADJUSTMENTS FOR ALL NON-REPRESENTED EMPLOYEES FOR CALENDAR YEAR 2004 WHEREAS, cost-of-living adjustments for non-bargaining employees are in order to recognize annual inflationary increases in cost-of-living standards as measured by the Conswner Price Index (CPI), and regional economic and market-based indicators; and WHEREAS, the annual percentage adjustments of four (4) percent effective January 1, 2005, are within the expenditure guidelines established in the 2005 Budget; and WHEREAS, non-bargaining employees are defined as those public employees not formally represented by an exclusive bargaining group as defined under Minnesota Statute. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves cost- of-living adjustments of four (4) percent effective January 1, 2005, for all non- represented employees. Adopted by the City Council this 21 st day of December, 2004. CITY OF ANDOVER ::?~~~ ,.-Michael R. Gamache - Mayor Attest: lL:tu:.- a-IL Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 204-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND ORDERING PUBLIC HEARING FOR THE IMPROVEMENT OF SITE GRADING. SANITARY SEWER. WATER MAIN. STREETS. STORM SEWER. TRAILS & SIDEWALKS, PROJECT 02-33 IN THE AREA OF ANDOVER STATION NORTH. WHEREAS, the City Council did on the 28th day of September , 2004, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by SEH and presented to the Council on the ih day of December , 2004 ; and WHEREAS, such report declares the proposed improvement feasible for an estimated cost of $ 3.612.000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 02-33, for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 3.612.000 3. A public hearing shall be held on such proposed improvement on the 4th day of Januarv , 2005 in the Council Chambers of the City Hall at 1685 Crosstown Blvd. NW and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a reaular meeting this ih day of December , 2004 , with Councilmembers Trude. Jacobson. Ortlel, Gamache. Kniaht voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ ache - Mayor tL~ iJ../b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R203-04 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF LANDFORM FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF HANSON AND CROSSTOWN BOULEVARDS, (PIN 23-32-24-32-0021) LEGALLY DESCRIBED AS: Lot 5, Block 1 Andover Clocktower Commons, Anoka County, Mim1esota WHEREAS, Landform has requested approval of a Conditional Use Permit for a drive-through window; WHEREAS, the Plam1ing and Zoning Commission has reviewed the request and has determined that said request meets the criteria of the City Code; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission reconm1ends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Plam1ing and Zoning Commission and approves the Conditional Use Permit for a drive-through window on said property with the following condition: 1. The site shall conform in all other ways to the approved Planned Unit Development for Andover Clocktower Commons approved by resolution R157-03. Adopted by the City Council of the City of Andover on this ih day of December, 2004. CITY OF ANDOVER ;ATTE~l: 'n, ...'.,.. I ' ' \'IV\A~jf( t ,~'Pi (A/{a,ttl~/u..\... Mibhelle Hminer, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 202-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT 04-2. 2004 OVERLAYS IN THE AREA OF KIOWA TERRACE & VALLEY VIEW ESTATES 2NLJ ADDITION WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2005 and shall bear interest at a rate of 5% percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reQular meeting this ih day of December ,2004 , with Council members Trude. Jacobson. Orttel. Gamache. Kniaht voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f1;k Orlb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 200-04 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #....1. TO PROJECT NO. 04-7 FOR PRAIRIE ROAD NW & BUNKER LAKE BOULEVARD NW . WHEREAS, the City of Andover has a contract for Project No. 04-7 with Forest Lake Contractinq. Inc. of Forest Lake. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 04-7. Adopted by the City Council of the City of Andover this yth day of December ,2004. CITY OF ANDOVER ATTEST: ~K~ Michael R. G ache - Mayor {~ (1/,1/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 198-04 A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TOWARDS THE CAPITAL CAMPAIGN FOR THE ANDOVERlYMCA COMMUNITY CENTER PROJECT. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from CenterPoint Energy Minnegasco of $1,500 is for the AndoverlYMCA Community Center Project. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the AndoverlYMCA Community Center Project. Adopted by the City Council at a regular meeting this 7th day of December 2004. CITY OF ANDOVER ATTEST: .~ t' Mi ael R Gamache - Mayor ,~tJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 197-04 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATER MAIN. STREETS & STORM SEWER FOR PROJECT 02-45. CONSTANCE CORNERS. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of.JL years. The first of the installments to be payable on or before the 15th day of April 2005, and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Council member Jacobson and adopted by the City Council at a reaular meeting this th day of December , 2004 with Council members Trude. Jacobson. Orttel. Gamache. Kniaht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~.f? A~, ~.L' Mi hael R. Gamache - Mayor I.Lti:.:.., O~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R-196-04 A RESOLUTION GRANTING A ONE YEAR TIME EXTENSION FOR LOT SPLIT FOR JOHN MOORE AT 16030 MAKAH STREET NW LEGAL Y DESCRIBED AS FOLLOWS: Tract W, Registered Land Survey Number 72, Anoka County, Minnesota WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said lot split; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the lot split. WHEREAS, the City Council agreed with.the recommendation of the Planning and Zoning Commission and approved the lot split on December 3, 2003. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves a one year time extension for the lot split with the following conditions: 1. That the applicant comply with all the conditions of Resolution RI72-02. Adopted by the City Council of the City of Andover this 16th day of November, 2004. . CITY OF ANDOVER ATTEST: ~ (J.~ -~ Victoria V olk, City Clerk IChael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 195-04 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND UTILITY CONSTRUCTION OF VALLEY VIEW ESTATES 2ND ADDITION AS BEING DEVELOPED BY DENNIS PICOTTE. WHEREAS, the developer has completed the streets and utilities of Valley View Estates 2nd Addition. WHEREAS, the developer will be required to provide a 2 year warranty bond as determined by the City Engineer, which will expire on Seotember 1. 2006 prior to release of any of the developer improvement escrows and also must pay any outstanding unpaid plat escrow balances with the City as soon as possible. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby approve the final street and utility construction of Valley View Estates 2nd Addition. Adopted by the City Council of the City of Andover this 16th day of November , 2004. CITY OF ANDOVER ATTEST: ~ ~~54/ ~A~~ 'chael R. Gamache - Mayor cL~ (J./p Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 194-04 MOTION by Council member Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROll FOR THE IMPROVEMENT OF SANITARY SEWER. WATER MAIN. STORM SEWER AND STREETS FOR PROJECT 04-9. CROSSTOWN MEADOWS. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of -1L years. The first of the installments to be payable on or before the 15th day of April 2005, and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 16th day of November , 2004 with Councilmembers Trude. Knight, Orttel. Gamache. Jacobson (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: c--?;:;::/c~_/::l~ ~ici1ael R. Gamache - Mayor ~ (),,& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 193-04 MOTION by Council member Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROll FOR THE IMPROVEMENT OF SANITARY SEWER. WATER MAIN. STORM SEWER AND STREETS FOR PROJECT 03-2. WOODLAND CREEK GOLF VillAS. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of.JL years. The first of the installments to be payable on or before the 15th day of April 2005, and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Council member Kniaht and adopted by the City Council at a reaular meeting this 16th day of November , 2004 with Council members Trude. Kniaht, Orttel. Gamache. Jacobson (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: U.-w {/4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO RI92-04 A RESOLUTION APPROVING THE PRELIMINARY PLAT WITH PLANNED UNIT DEVELOPMENT REVIEW OF "COUNTRY OAKS WEST" FOR PENTAGON HOMES ON PROPERTY LOCATED AT 1l01161sT AVENUE NW (P.I.D. 14-32-24-12-0004) LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, Pentagon Homes has requested approval of a preliminary plat with Planned Unit Development Review of Country Oaks West, and; WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, the applicant has requested a variance to City Code 11-3-2C. to allow access to an arterial roadway at a spacing of less than 660 feet, and; WHEREAS, the Planning Commission recommends approval of the variance based on the finding that the access has been located to maximize the distance between two existing accesses on the south side of 16151 A venue and the alignment of the proposed access with these existing accesses is not possible or would not be approved by the Anoka County Highway Department. WHEREAS, the applicant has requested a variance to City Code 11-3-2 to allow lots to front on a collector street, and; WHEREAS, the Planning Commission recommends approval of the variance based on the finding that the location of wetlands on the property eliminates any other method of providing access at the north end of the proposed project and the anticipated daily traffic on the collector street falls within the definition of a minor collector street as recommended by the Planning Commission, and; WHEREAS, the applicant has requested a variance to City Code 11-3-6F.to allow Lots 1,2 and 3 of Block 2 to be double frontage lots, and; WHEREAS, the Planning Commission recommends approval of the variance based on the finding that by allowing these lots to have double frontage, the driveways can access an interior local street instead of the collector street. WHEREAS, the applicant has requested a variance to City Code 11-3-3G. to exceed the 500 foot maximum cul-de-sac length, and; WHEREAS, the Planning Commission recommends approval of the variance based on the finding that wetlands to the west, a railroad to the east and no involvement from properties to the north prevent another street connection at this time. Additionally, there is potential for the collector street to continue north and eliminate the variance in the future. WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 13 Planned Unit Development with the following findings: WHEREAS, as a result of such public hearing, the Planning and Commission recommended to the City Council approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the preliminary plat for one hundred lots with the following conditions: 1. The Preliminary Plat shall conform to the plans revised October 29,2004 and stamped received on October 29,2004 except so as to be modified as follows: a. As required by the Coon Creek Watershed management Organization prior to final plat approval. 2. The Landscaping Plan shall be revised to have the edging and plant material shown in the boulevard moved out of the street right-of-way. 3. The front yard trees shown along the new collector street are provided to help achieve a parkway design and shall not be used to satisfy the front yard tree requirements for new lots. 4. The development shall conform to City Code Titles 11, 12, and 13, as well as Exhibit B "Country Oaks West Design Standards". Exhibit B shall regulate when in conflict with the City Code. 5. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 6. Contingent upon the approval of the Rezoning of the property to R-4 Single Family Urban Residential and M-l Multiple Dwelling Medium Density. If this request fails to be approved, the preliminary plat shall be considered null and void. 7. Contingent upon the approval of the Conditional Use Permit for Floodplain Map Amendment. If this request fails to be approved, the preliminary plat shall be considered null and void. 8. Park dedication shall be paid per City Code 11-3-7, with credit for dedicated park land and park improvements to be determined by the Council at the time of final plat consideration. 9. Trail fees shall be paid on a per lot basis at the rate in effect at the time of preliminary plat approval. 10. A variance to City Code 11-3-2C. is granted to allow access spacing of less than 660 feet. 11. A variance to City Code 11-3-2 is granted to allow lots to front on a collector street. 12. A variance is granted to City Code 11-3-6F. to allow Lots, 1,2 and 3, Block 2 to be double frontage lots. 13. A variance to City Code ll-3-6G. is granted to allow a street terminating in a cul-de-sac to exceed 500 feet in length. 14. A property owners association shall be created with the following documents provided to the City Attorney for review and approval prior to being recorded with the final plat in accordance with City Code 11-2-3: a. Articles of Incorporation b. By-laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, exterior maintenance of the homes and maintenance of the common areas. 15. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 16. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part ofthis agreement to assure typical subdivision improvements wiJl be completed. Adopted by the City Council of the City of Andover this 3rd day of November, 2004. CITY OF ANDOVER ATTEST: /L:tzw O~ Victoria Yolk, City Clerk EXHffilT A COUNTRY OAKS WEST LEGAL DESCRIPTION All that part of the Northeast Quarter (NE \1..) of Section Fourteen (14), Township Thirty-two (32), Range Twenty-Four (24), Anoka County, Minnesota, lying on the Westerly side of the right of way of the Eastern Railway Company of Minnesota except a strip ofland in the Northeast corner.thereof described as follows: Commencing at a point where said Railroad intersects the North line of said Northeast Quarter (NE \1..) of Section Fourteen (14), Township Thirty-two (32), Range Twenty-four (24); thence South along the Westerly side of said right of way, Thirty-two (32) rods more or less to the private crossing of said property; thence West at right angles Three (3) rods; thence North at right angles and parallel with said railway right of way Thirty-two (32) rods more or less to the North line of said Northeast Quarter (NE \1..) of Section Fourteen (14), Township Thirty-two (32), Range Twenty-four (24); thence East at right angles Three (3) rods to the point of commencement, ALSO EXCEPT, The West Three hundred (300) feet of the South Three hundred and sixty-three (363) feet of the Northeast Quarter (NE \1..) of Section Fourteen (14), Township Thirty-two (32), Range Twenty-four (24), lying on the Westerly side of the right of way of the Eastern Railway Company of Minnesota, AND ALSO EXCEPT, That part of the south 325.00 feet of the Northeast Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota, lying westerly of the westerly right-of-way line of the Burlington Northern Railroad and lying easterly of the following described line: Commencing at the southwest comer of said Northeast Quarter; thence South 88 degrees 40 minutes 45 seconds East, assumed bearing, along the south line thereof, a distance of 810.81 feet to the point of beginning of the line to be described; thence North I degree 32 minutes 33 seconds East, a distance of325.00 feet to the north line of the south 325.00 feet thereof, and said line there terminating. - EXHIBIT B COUNTRY OAKS WEST DEVELOPMENT STANDARDS Twinhouse Dimensional Standards Item Standard Min. Lot Area 8,000 - 19,889 s.f. as shown on preliminary plat revised October 29,2004 and stamped received by the City of Andover October 29,2004 Min. Lot Width 85-100 feet per twin house as shown on preliminary plat revised October 29,2004 and stamped received by the Citv of Andover October 29.2004 Front Setback 5 feet Side Setbacks 10 feet lSide Setback Adjacent to Street NA Rear Setbacks 5 feet minimum Twinhomes The exterior elevations shall match the elevation drawing stamped received by the City of Andover September 21,2004. Landscapine Plan The Landscaping Plan shall conform to the plan stamped received by the City of Andover October 29,2004 and approved by the City Council on November 3, 2004 Area Identification Sim The Area Identification Sign shall conform to the drawing stamped received by the City of Andover October 8, 2004. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 191-04 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER, STORM SEWER AND/OR STREET LIGHTING CHARGES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water, storm sewer and/or street lighting charges. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount ofthe assessment levied against it. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 2005 and shall bear interest at the rate of 8 percent per year. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole ofthe assessment on such property with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution. Adopted by the City Council of the City of Andover on this 3rd day of November, 2004. CITY OF ANDOVER ATTEST: a;;t.~ fJ4- Victoria V olk - City Clerk City of Andover 2004 Delinquent Utility List To Be Assessed to County Auditor 13662 Yukon Street 149.41 183.77 13777 Vale Street 61.08 75.13 13784 Crosstown Drive 92.90 114.27 13797 Vale Street 164.04 201.77 13797 Vale Street 38.30 47.11 13797 Vale Street 90.86 111.76 13830 Sycamore Street 54.13 66.58 13930 Yukon Street 171.76 211.26 13977 Tulip Street 75.10 92.37 14001 Nightingale Street 56.04 68.93 14001 Nightingale Street 89.82 110.48 14035 Partridge Street 126.61 155.73 14084 Orchid Street 98.59 121.27 14216 Underclift Court 104.26 128.24 14410 Round Lake Blvd 55.41 68.15 14831 Eagle 51 257.66 316.92 1490 148th Avenue 124.49 153.12 1521 144th Avenue 11.63 14.30 15496 Martin Street 35.90 44.16 1572 147th Avenue 50.43 62.03 16082 Vale Street 77.54 95.37 1669 148th Lane 205.48 252.74 1812 135th Avenue 76.02 93.50 2110 140th Lane 110.97 136.49 2128 140th Lane 191.35 235.36 2220 137th Lane 78.96 97.12 2255 149th Avenue 137.45 169.06 2461 Bunker Lake Blvd 46.00 56.58 2605 136th Avenue 21.73 26.73 2618 138th Avenue 112.65 138.56 2754 134th Avenue 77.73 95.61 2762 168th Lane 23.22 28.56 2844 135th Avenue 38.48 47.33 3160 162nd Lane 68.58 84.35 3296 139th Avenue 181.27 222.96 3521 136th Avenue 82.87 101.93 3564 142nd Lane 50.36 61.94 3564 142nd Lane 109.28 134.41 3659 141st Lane 93.83 115.41 3900 139th Lane 151.04 185.78 5241 172nd Avenue 47.54 58.47 543 140th Avenue 114.18 140.44 TOTALS 12,978.12 15,963.09 Page 2 City of Andover 2004 Delinquent Utility List To Be Assessed to County Auditor AmI. Certified Service Address Amount Includino 23% 1283 143rd Lane 449.19 552.50 13423 Crooked Lake Blvd 240.79 296.17 13443 Ibis Street 434.38 534.29 13526 Narcissus Street 122.97 151.25 13564 Narcissus Street 26.85 33.03 13580 Xavis Street 322.82 397.07 13624 Gladiola Street 206.26 253.70 13747 Yellow Pine Street 125.50 154.37 13760 Quinn Street 206.22 253.65 13830 Sycamore Street 401.87 494.30 13859 Raven Street 51.66 63.54 13955 Yukon Street 125.48 154.34 14072 Aztec Street 89.75 110.39 14215 Underclift Court 214.71 264.09 14268 Round Lake Blvd 576.30 708.85 14323 Raven Street 67.01 82.42 14396 Vale Street 306.06 376.45 14424 Jonquil Street 195.42 240.37 14530 Bluebird Street 316.16 388.88 15275 Swallow Street 13.65 16.79 16064 Yellow Pine Street 328.60 404.18 16177 Narcissus Street 42.49 52.26 1705 148th Lane 115.55 142.13 17068 Barium Street 23.21 28.55 1756 148th Avenue 273.46 336.36 1942 135th Avenue 39.62 48.73 1959 135th Avenue 111.46 137.10 2074 Veterans Mem. Blvd. 20.88 25.68 2088 Veterans Mem. Blvd. 20.88 25.68 2111 140th Lane 519.94 639.53 2118 140th Lane 357.27 439.44 2348 Veterans Mem. Blvd 20.88 25.68 2539 134th Avenue 401.69 494.08 2569 168th Lane 46.43 57.11 2606 138th Avenue 186.37 229.24 2612 138th Avenue 186.37 229.24 2614 138th Avenue 188.18 231.46 2616 138th Avenue 186.37 229.24 3149 136th Avenue 186.95 229.95 3531 136th Avenue 153.84 189.22 436 137th Lane 403.31 496.07 1093 144th Lane 48.99 60.26 1330 145th Avenue 79.57 97.87 13308 Round Lake Blvd 12.37 15.22 13308 Round Lake Blvd 10.09 12.41 13454 Jay Street 274.76 337.95 13476 Martin Street 46.00 56.58 13482 Martin Street 194.59 239.35 Page 1 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. 190-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION CANVASSING THE RETURNS OF THE MUNIClP AL ELECTION HELD ON THE 2ND DAY OF NOVEMBER 2004 IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. The Municipal Election was held in and for the City of Andover on the 2nd day of November 2004 and was in all respects duly and legally canvassed and the votes received for each candidate are shown on the attached. The following are hereby declared and certified as those elected: Mayor - Mike Gamache (2-year term) Councilmembers - Ken Orttel, Mike Knight (4-year term) The summary of the voter results are hereby attached and a part of this resolution. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 3rd day of November. 2004 with Councilmembers OrtteL Knight, Jacobson.. Gamache, Trude voting in favor of the resolution, andCouncilmembers none voting against, whereupon said resolution was declared passed. ATTEST: C;//d~ ~ 1l4--- Michael R. Gamache-Mayor Victoria V olk-City Clerk .... -< 1Il s: III (') .. III '< iil 0 0 3 0 .. '" c CD ::l roO !:!. :::!. ;lJ --i 0 0 s: < CD 0 '" 3 0 ~ 0 0' x '" < '" ,.. '< CD 1Il III (%= -I Gl <- Gl ::l () III 3 '" m 0 CD '" r;; (') '" Co S- CD "0 c- o 3 s: a '" 3 (') 1Il CT 0' - ~ ,.. '" '" III '" '" .. 0 (') '" '" or '" ::r S' i& c: c. CD a a .j>, m .... .... CD Ol .... I\J Ol Ol a .... 0 (J1 0 .... o. <0 0 00 ..... <0 '" ;lJ CD '" .... N c ijf .... W I\J Ol (J1 0 w 00 Ol (J1 0 x 0 ..... '" <0 ..... ~ iif 0 W Co) .... w w ..... .... .... > 00 .... 00 I\J I\J 00 Ol I\J 00 (J1 ~ c. 0 I\J .... "ll < I\J I\J ..... W W CiJ CD w W I\J ..... 0 N 00 Ol <0 W .... l'l ""l a 5' ma ~ -~ CD w Cl'I 0 ..... w ..... .... .... .... ..... ..... Ol ..... W -. <0 Ol 00 0 .... 0 ~ W ell S' <0 Ol ..... .... (J1 w 0 ..... ..... .... UI .... I\J W 00 Ol C - .... UI (J1 (J1 <0 <0 ..... I\J Ol ..... <0 (J1 ..... 0 00 .... 00 ..... eM .... Ol I\J W 00 .... ..... co 0 Ol Ol .... ..... .... (J1 0 (J1 Ol ..... 00 00 <0 ..... I\J I\J ..... <0 (J1 Ol ..... (J1 <0 W CD (J1 Ol (J1 W I\J W (J1 00 Ol 00 .... <0 W 00 I\J 0 .... 0 Ol .... W ..... ..... w w .... 00 Ol Ol .... I\J .... (J1 <0 Q W ..... W <0 ..... ..... (J1 0 w (J1 Ol (J1 Ol <0 I\J 0 w -I 00 Ol Ol .... I\J .... (J1 <0 0 00 Ol .... eM 0..... I\J eM S- Ol W 0 Ol <0 ..... .... ..... .... 00 ..... ..... w (J1 ..... eM EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: November 3, 2004 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 3rd day of November, 2004, at 7:00 o'clock P.M. The following members were present: Gamache, Knight, Jacobson, Orttel, Trude and the following were absent: none. Member Jacobson introduced the following resolution and moved its adoption: Resolution 189-04 RESOLUTION LEVYING A TAX FOR THE PAYMENT OF GENERAL OBLIGATION EQUlPMENT CERTIFICATES OF 2005 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City") proposes to issue its General Obligation Equipment Certificates of 2005 (the "Capital Notes") in 2005 to finance certain equipment pursuant to Minnesota Statutes, Section 412.301; and B. WHEREAS, the City proposes to levy a tax pursuant to Minnesota Statutes, Section 475.61 payable commencing in 2005 to pay debt service on the Capital Notes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: L Issuance of Capital Notes. The City hereby authorizes the issuance of the Capital Notes. 2. Capital Notes of 2005 Tax Levv. To provide moneys for payment of debt service on the Capital Notes there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Year of Tax Levv Tax Collection Amount 2004 2005 $200,000 The motion for the adoption of the foregoing resolution was duly seconded by member Trude and upon a vote being taken thereon, the following voted in favor thereof: Gamache, Knight, Jacobson, Orttel, Trude and the following voted against the same: none Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of the City Council of the City of Andover held on the date therein indicated, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to levying a tax for the payment of General Obligation Equipment Certificates of2005. WITNESS my hand as such City Clerk this 3rd day of November, 2004 t/.o O;-!L ~~ .'-" City Clerk 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 188-04 A RESOLUTION APPROVING THE FINAL PLAT OF ANDOVER MARKETPLACE 2ND ADDITION BY UNITED PROPERTIES LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS: Lot I, Block I, Andover Marketplace, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as Andover Marketplace 2nd Addition; and WHEREAS, the developer has presented the fmal plat of Andover Marketplace 2nd Addition; and WHEREAS, the City Engineer has reviewed such final plat for conformance with the preliminary plat NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Marketplace 2nd Addition contingent upon the following: 1. The final plat shall conform to the plat drawing stamped as "Received October 5, 2004 by the City of Andover." 2. The new lot shall be required to complete the commercial site plan review process at the time development is proposed. 3. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 4. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A fmancial guarantee will be required as a part of this agreement to assure all site improvements indicated on the approved plans will be completed. In the event the developer wishes to begin grading of the site prior to establishing a development agreement, the developer shall provide a fmancial guarantee that is sufficient to restore the site to it predevelopment conditions in an amount determined by the City Engineer. 5. All utilities and drainage areas on the site are private and will be maintained by the owners association. 6. Approval of Title and property owners' association documents of the property by the City Attorney. Association documents must include a provision to allow the City access to utilities. 7. Cross access agreements are required to allow shared access to the parkiug areas. Adopted by the City Council of the City of Andover this 3'd day of November . 2004. CITY OF ANDOVER Attest: ~R~~ .'" ael R. Gamache - Mayor l LA-i~ (J~ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R187-04 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "ANDOVER MARKETPLACE 2nd ADDITION" BY UNITED PROPERTIES LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS: LotI, Block 1, ANDOVER MARKETPLACE, Anoka County, Minnesota WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat for two commercial lots to be known as "Andover Marketplace 2nd Addition", subject to the following conditions: 1. The preliminary plat shall conform to the plat drawing stamped as "Received October 5, 2004 by the City of Andover". 2. The new lot shall be required to complete the commercial site plan review process at the time development is proposed. 3. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 4. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all site improvements indicated on the approved plans will be completed. In the event the developer wishes to begin grading of the site prior to establishing a development agreement, the developer shall provide a financial guarantee that is sufficient to restore the site to its predevelopment conditions in an amount determined by the City Engineer. 5. All utilities and drainage areas on the site are private and will be maintained by the owners association. 6. Approval of Title, and property owners association doctunents of the property by the City Attorney. Association doctunents must include a provision to allow the City access to utilities. 7. Cross access agreements are required to allow shared access to the parking areas. 8. The failure on the part of the petitioner to obtain final plat approval within one year from the date of this approval shan deem the preliminary approval to be nun and void. Adopted by the City Council of the City of Andover this 3rd day of November 2004. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO RI88-04 A RESOLUTION APPROVING THE FINAL PLAT OF "ANDOVER MARKETPLACE 2nd ADDITION" BY UNITED PROPERTIES LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS: LotI, Block 1, ANDOVER MARKETPLACE, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Andover Marketplace 2nd Addition"; and WHEREAS, tbe Developer has presented the final plat of Andover Marketplace 2nd Addition; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby approve the final plat of Andover Marketplace 2nd Addition contingent upon the following: 1. The final plat shall conform to the plat drawing stamped as "Received October 5, 2004 by the City of Andover". 2. The new lot shall be required to complete the commercial site plan review process at the time development is proposed. 3. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 4. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all site improvements indicated on the approved plans will be completed. In the event the developer wishes to begin grading of the site prior to establishing a development agreement, the developer shall provide a financial guarantee that is sufficient to restore the site to its predevelopment conditions in an amount determined by the City Engineer. 5. All utilities and drainage areas on the site are private and will be maintained by the owners association. 6. Approval of Title, and property owners association documents of the property by the City Attorney. Association documents must include a provision to allow the City access to utilities. 7. Cross access agreements are required to allow shared access to the parking areas. Adopted by the City Council of the City of Andover this 3rd day of November 2004. CITY OF ANDOVER A~ ' :'..1 ()~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 186-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF STORM SEWER & STREETS, PROJECT NO. 04-48, DEER OAKS. WHEREAS, the City Council has received a petition, dated October 13. 2004, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $5,000.00 3. The proposed improvement is hereby referred to the Citv Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 3rd day of November ,2004, with Council members Jacobson. Trude. Orttel. Kniaht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ~~~~ Ichael R. Gamache - Mayor aj';;AJ !J~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 185-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATER MAIN, STORM SEWER & STREETS FOR PROJECT 04-9, CROSSTOWN MEADOWS. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $129.422.30 plus $1,850,00 for seal coat and the expenses incurred or to be incurred in the making of such improvement amount to $74,171.17 and work previously done amount to $0.00 so that the total cost of the improvement will be $205.443.47 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover. MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $9,756.41 the amount to be assessed against benefited property owners is declared to be $195,687.06 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of!! years. The first of the installments to be payable on or before the 15th day of April 2005, and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for publiC inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 3rd day of November , 2004 , with Councilmembers Jacobson, Trude, Ortlel, Kniahl. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~._/~ chael R. Gamache - Mayor /~ /)~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 184-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATER MAIN. STORM SEWER & STREETS FOR PROJECT 03-2, WOODLAND CREEK GOLF VILLAS. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $313,513,60 plus $3.238,00 for seal coat (private street), and the expenses incurred or to be incurred in the making of such improvement amount to $130.462.40 and work previously done amount to $0.00 so that the total cost of the improvement will be $447,214.00 NOW. THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $27,238.49 the amount to be assessed against benefited property owners is declared to be $418,089.00 . An amount of $1.886,51 will be assessed to others. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of!! years. The first of the installments to be payable on or before the 15th day of April 2005, and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for publiC inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 3'" day of November , 2004 , with Councilmembers Jacobson, Trude, Ortlel. Kniahl. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: !L~ (/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 183-04 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF 146TH LANE NW BETWEEN THE WEST PROPERTY LINE OF 715 - 146'H LANE NW & PRAIRIE ROAD NW, PROJECT 03-1. WHEREAS, the City Council is cognizant of the public nuisance, traffic hazard and congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to the problem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone. Adopted by the City Council of the City of Andover this 19th day of October , 2004. ATTEST: ~Pi?d-L chael R. Gamache - Mayor iL~ ()r&; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R182-04 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "KlMBERL Y OAKS" FOR DALE HOWARD ON PROPERTY LOCATED IN SECTION 15, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: The Northwest Quarter of the Northwest Quarter of Section 15, Township 32, Range 24, excepting therefrom the South I rod thereof WHEREAS, Dale Howard has requested approval of a preliminary plat of Kimberly Oaks, and; WHEREAS, the Andover Review Committee has reviewed the preliminary plat, and; WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, the applicant has requested a variance to City Code 11-3-3G. to allow a street terminating in a cul-de-sac to exceed 500 feet in length, and; WHEREAS, the Planning Commission recommends approval of the variance based on the following findings: I. The variance will be eliminated when the street is extended to the north in the future. 2. The Anoka County Highway Department will allow only one access to the site from Verdin Street. With existing development to the south, wetlands to the east and no involvement from properties to the north, there is no opportunity to provide another street connection at this time. WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation ofthe Planning Commission and approves the preliminary plat with a variance to City Code ll-3-3G. subject to the following conditions: I. The preliminary plat shall conform to the drawing revised September 27, 2004 stamped received by the City of Andover September 28, 2004 except so as to be modified as follows: a. To eliminate Outlot A by combining the outlot with adjacent property. b, To conform with subsequent review comments from the Engineering Department, TKDA and the Lower Rum River Watershed Management Organization. 2. The developer obtains all necessary permits from the Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Lower Rum River Watershed Management organization, Anoka County Highway Department, Minnesota Pollution Control Agency, LGU, and any other agency that may have an interest in the site. 3. Contingent upon the approval of the Conditional Use Permit for Floodplain Map Amendment. If this request fails to be approved, the preliminary plat shall be considered null and void. 4. Park dedication and trail fees shall be collected for each lot based on the rate in effect at the time of preliminary plat approval. 5. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 6. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 7, Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 19th day of October, 2004. CITY OF ANDOVER A T)1ST: -;?'~~~ 7!;-w O,;/.? Victoria V olk, City Clerk ichael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R18l-04 A RESOLUTION APPROVING THE FINAL PLAT OF "PRAIRIE COVE" AS BEING DEVELOPED BY PRASKY DEVELOPMENT, LLC ON PROPERTY LOCATED IN SECTION 14, TOWNSHIP 32 RANGE 24 (P.I.D. 14-32-24-32-0006) LEGALLY DESCRIBED AS: The South 329.96 feet of the north 1184.86 feet of the West 660.00 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota, as measured at right angles to the North and West lines thereof. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Prairie Cove"; and WHEREAS, the Developer has presented the final plat of Prairie Cove; and WHEREAS; the City Engineer has reviewed such [mal plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Prairie Cove contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal and engineering costs as determined by the City Engineer. 3. The developer shall provide an escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer that lots are graded according to the approved grading plan. 4. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 5. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 6. Park dedication and trail fees shall be paid for seven lots at the rate in effect at the time of preliminary plat approval. 7. Approval of the final plat is subject to all of the conditions listed in the preliminary plat resolution. Adopted by the City Council of the City of Andover this 19th day of October, 2004. CITY OF ANDOVER ATTEST: ,1vt:-HAJ {)..-tV -;;;;;;~~~ Victoria V olk, City Clerk Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R180-04 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "PRAIRIE COVE" FOR PRASKY DEVELOPMENT, LLC ON PROPERTY LOCATED AT 15921 HANSON BOULEVARD NW (P.I.D. 14-32-24-32-0006) LEGALLY DESCRIBED AS: The South 329.96 feet of the north 1184.86 feet of the West 660.00 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota, as measured at right angles to the North and West lines thereof. WHEREAS, Prasky Development, LLC has requested approval of a preliminary plat of Prairie Cove, and; WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Commission recommended to the City Council approval ofthe plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the preliminary plat with the following conditions: I. The preliminary plat shall conform to the plat drawing stamped received by the City of Andover September 22, 2004 except so as to be revised as follows: a. To conform with subsequent review comments from the Engineering Department, TKDA and the Coon Creek Watershed Management Organization. 2. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 3. The existing house shall be required to be connected to municipal sewer and water. 4. Park dedication and trail fees shall be paid on a per lot basis for seven lots at the rate in effect at the time of preliminary plat approval. 5. A variance to City Code ll-3-3G. to allow a street to terminate in a cul-de-sac that exceeds 500 feet in length was previously approved with Resolution RI87-02. 6. A trail shall be constructed from the south end of the proposed cul-de-sac to l59th Avenue NW. The developer shall be responsible for the portion of the trail within the plat. The City shall be responsible for the portion of the trail within Hanson Boulevard right-of-way. 7. The developer shall provide a separate trail easement to be recorded with the final plat. 8. The developer shall be required to connect the water main through the development and down to the existing water main at 159lh Avenue NW to improve water pressure and quality. The City shall be responsible for extension of the water main from I 59'h Avenue NW to the south property line of the proposed development. The developer will be responsible for connecting the water main from this point to the existing water main in the Shady Oak Cove development to the north. 9. The developer shall provide a detailed landscaping plan that is drawn to scale and includes plant species, plant sizes and illustrates all proposed improvements within the island as presented at the Council meeting. 10. A property owners association shall be created to provide maintenance of the cul-de-sac island with the following documents provided to the City Attorney for review and approval prior to being recorded with the final plat in accordance with City Code 11-2-3: a. Articles of Incorporation b. By-laws ofthe association c. Declaration of covenants, conditions and restrictions regulating the properties, exterior maintenance of the homes and maintenance of the common areas. II. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 12. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 19th day of October, 2004. CITY OF ANDOVER ATTEST: -~~~ 1.l;.;t,4'o {J~ ~~ - 2 Victoria V olk, City Clerk 'chael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R179-04 A RESOLUTION DENYING A VARIANCE REQUEST TO REDUCE THE REQUIRED BUILDABLE AREA OF CITY CODE 13-6-5 FOR AN OUTLOT LOCATED AT 826 138'h AVENUE NW LEGALLY DESCRIBED AS: OUTLOT "D", HILLS OF BUNKER LAKE 5TH ADDITION, ANOKA COUNTY, MINNESOTA WHEREAS, Gary Eskuri has petitioned to vary from the buildable area requirements of City Code 13-6-5, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the variance request, and; WHEREAS, the City Council finds that there is not sufficient space to appropriately locate a house between the wetland and front yard setback, and; WHEREAS, the boundaries of the properly are established and the wetland is not proposed to be modified, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the proposed variance request to vary from Title 13-6-5 of the City Code. Adopted by the City Council of the City of Andover on this 19th day of October, 2004. CITY OF ANDOVER -~ z.../ ATTEST: M' ael R. Gamac e, Mayor /l:J;;"'..j 1/4 Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R178-04 A RESOLUTION APPROVING THE FINAL PLAT OF "HANSON MEADOWS" AS BEING DEVELOPED BY TOM BLOMBERG ON PROPERTY LOCATED IN SECTION 36, TOWNSHIP 32 RANGE 24 (Pill 36-32-24-22-0003) LEGALLY DESCRIBED AS: The West Five Hundred Feet, Except The North One Hundred Seventy-Five Feet, Lot Nine, Watt's Garden Acres, Anoka County, Minnesota Lying West Of The East One Hundred Thirty Feet. Subject To A Road Right-Of-Way, Utility And Drainage Easements Per Document No. 198052 And Outlot A, Maxwell Estates 2nd Addition, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Hanson Meadows"; and WHEREAS, the Developer has presented the final plat of Hanson Meadows; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Hanson Meadows contingent upon receipt of the following: I. The City Attorney presenting a favorable opinion. 2. Security to cover legal and engineering costs as determined by the City Engineer. 3. The developer shall provide an escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer that lots are graded according to the approved grading plan. 4. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 5. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 6. Park dedication and trail fees shall be paid for two lots at the rate in effect at the time of preliminary plat approval. Adopted by the City Council of the City of Andover this 19th day of October, 2004. CITY OF ANDOVER ATTEST: {J~ {/~ Victoria Vo1k, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 177-04 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING THE PURCHASE OF AN LED SIGNAL HEAD LIGHT & PREEMPTION SYSTEM FOR EMERGENCY VEHICLES, NOT TO EXCEED $11,000.00 FOR PROJECT NO. 04-37, ANDOVER BOULEVARD NW & HANSON BOULEVARD NW. WHEREAS, the City Council is cognizant of the need for the led signal head light and preemption system for emergency vehicles; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order the purchase of an Led Sianal Head Liaht & Preemption Svstem for Emeroencv Vehicles, not to exceed $11.000.00 for Project No. 04-37 ,Andover Boulevard NW & Hanson Boulevard NW. MOTION seconded by Council member Kniaht and adopted by the City Council at a reaular meeting this 5th day of October , 2004, with Council members Trude, Kniaht. Orttel. Gamache, Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ R~.,.. "A , ael R. Gamache - Mayor ~(/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 176-04 A RESOLUTION APPROVING THE FINAL PLAT OF "MILLER'S WOODS" AS BEING DEVELOPED BY LAURENT BUILDERS INC. LOCATED AT THE EAST OF THE INTERSECTION OF CROSSTOWN BOULEVARD AND IS9lh AVENUE NW, LEGALLY DESCRIBED ON EXHIBIT A: WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Miller's Woods"; and WHEREAS, the Developer has presented the final plat of Miller's Woods; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby approve the final plat of Miller's Woods contingent upon receipt of the following: 1. No new trees, fences, or structures may be placed in the trail/drainage and utility easement connecting Miller's Woods to IS9lh Avenue. 2. The final plat shall conform in all other respects to the plan stamped received by the City of Andover dated September 20, 2004. 3. Payment of park and trail fees for eleven lots. The balance of park and trail fee will be deferred until the balance of the land is final platted. 4. Provide a cash payment or "Letter of Credit" (in a form considered acceptable by the City Finance Director) in the amount of $46,086.48 for the construction of intersection improvements for IS9lh A venue and Crosstown Boulevard. This payment is for the eleven lots being final platted at this time. The balance of the payment for the intersection improvement shall be required at the time the land that is outlotted is final platted into an additional 78 residential lots. S. The City Attorney presenting a favorable title opinion. 6. Security for legal and engineering costs as determined by the City Engineer. 7. The developer shall provide escrow for any uncompleted grading ofthe site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer that lots are graded according to the approved grading plan. 8. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 9. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 10. Approval of Association Documents by City Staff and the City Attorney. The developer shall also provide to the City proof of recording the association documents. II. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. Adopted by the City Council of the City of Andoverthis 5th day of October, 2004. CITY OF ANDOVER ATTEST: ~ ~~ (),.,z Victoria V olk, City Clerk ichael R. ache, Mayor "Miller's Woods" EXHIBIT A Parcel A That part of the Southwest Quarter of the Southwest Quarter, Section 13, Township 32, Range 24, Anoka County, Minnesota, lying northerly of the following described tract: Commencing at a point on the west line thereof, distant 400 feet north of the southwest corner of said Section 13; thence north along the west line thereof, a distance of 400 feet; thence east at right angles to the west line thereof to the east line of said Southwest Quarter of the Southwest Quarter; thence south along the east line thereof a distance of 400 feet; thence west to the point of beginning. Parcel B The South Half of the Northwest Quarter of the Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota excepting therefrom the following: Beginning at a point on the West line of said South Half of the Northwest Quarter of the Southwest Quarter, distant 329.03 feet northerly of the Southwest corner thereof; thence southerly along said West line a distance of 293.03 feet; thence easterly parallel with the South line of said South Half of the Northwest Quarter of the Southwest Quarter a distance of 60.05 feet; thence easterly a distance of 95.40 feet along a tangential curve concave to the South, having a radius of 505.81 feet and a central angle of 10 degrees 48 minutes 25 seconds; thence southeasterly, tangent to said curve, a distance of 87.69 feet; thence easterly a distance of 110.82 feet along a tangential curve concave to the North having a radius of 597.00 feet and a central angle of 10 degrees 38 minutes 09 seconds to the Southeast corner of the West 350.67 feet of said South Half of the Northwest Quarter of the Southwest Quarter thence northerly along the east line of said west 350.67 feet a distance of 333.69 feet to the intersection with a line drawn easterly from the point of beginning, perpendicular to the West line of said South Half of the Northwest Quarter of the Southwest Quarter; thence westerly along said perpendicular line a distance of350.67 feet to the point of beginning. Parcel C That part of the Southwest Quarter of the Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the West line thereof distant 400 feet North of the Southwest corner of said Section 13; thence North along the West line thereof a distance of 400 feet; thence East at right angles to the West line thereof to the East line of said Southwest Quarter of the Southwest Quarter; thence South along the East line thereof a distance of 400 feet; thence West to the point of beginning. Excepting from the above described parcel that tract ofland described as follows: That part of the Southwest Quarter of the Southwest Quarter, Section 13, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at a point on the West line thereof distant 400 feet North of the Southwest corner of said Section 13, thence North along the West line of Southwest Quarter a distance of 160 feet, thence East at right angles to the West line a distance of 495 feet, thence South at right angles a distance of 160 feet, thence West at right angles a distance of 495 feet to the point of beginning. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 175-04 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TOWARDS THE PURCHASE OF PLAYGROUND EQUIPMENT FOR PROJECT NO. 03-1 , PRAIRIE KNOLL PARK. WHEREAS, any contribution that are to be made to the City of Andover must be accepted by the City Council: and WHEREAS, the contribution from Northern Natural Gas is for the purchase of playground equipment, which is a $16,400.00 value. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the purchase of playground equipment at Prairie Knoll Park. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reqular meeting this 5th day of October , 2004 , with Council members Jacobson. Knioht. Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: aelR Gamache - Mayor ILL,,, aa Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 174A-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 04-2. 2004 OVERLAYS IN THE AREA OF KIOWA TERRACE & VALLEY VIEW ESTATES 2ND ADDITION WHEREAS, by a resolution passed by the City Council on Seotember 21, 2004 ,the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 04-2. 2004 Overlavs (Kiowa Terrace & Vallev View Estates 2nd Addition) . WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 3'd day of November, 2004 , in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this ~ day of October ,2004, with Councilmembers Jacobson, Kniahl. Ortlel, Gamache, Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ (),,& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R.l74-04 A RESOLUTION APPOINTING JUDGES TO SERVE AT THE NOVEMBER 2,2004 GENERAL ELECTION IN THE CITY OF ANDOVER. WHEREAS, the City Council is required by State Statute to appoint election judges to serve at the November 2, 2004 General Election. NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as election judges at the November 2, 2004 General Election. Precinct # I - Hope Lutheran Church R Gloria Young - Chief R William Bush D LeeAnn Horton D Signe Renshaw R Richard Snyder D Gary Strand D Beth Strootman R Deborah Olson R Sylvia V olk Jessica Wegner - Student Precinct # 2 - Grace Lutheran Church R Vema Hennen - Chief R Robert Belousek D Carol Bradley D Janet Conway R Kay Cooper R Chris Deggendorf D Micki Harris D John Johanson Kelsey Knutson - Student R Joann Koechler R Joyce Nichols I Marie Romo Karl Tingelstad - Student D Rebecca Pease Precinct # 3 - Riverdale Assemblv of God Church R Phyllis Kieffer - Chief Angela Allen - Student R Elaine Boos D Quinley Free I Irene Kroll R Michael St. John R Robert Stromgren R Sue McBride D Connie Schultz Precinct # 4 - The Farmstead D Gretchen Sabel- Chief D Karen Brown D Leatrice Cooper D Stan Graf D Mildred Johnson D Ted Butler R Lorraine Tressel R Bonnie Lapham R Carol Smith Precinct # 5 - Meadow Creek Church R Terry Van Note - Chief R Sue Ctvrtnik R Lois Spadgenske R Susan Wood D Troy Brown D Bruce Crane R Mary Munson I Luther Romo Precinct # 6 - Bunker Hills Activity Center R Marlene Westphal- Chief R Jessie Fredine D Dan Frost D Albert LaCombe R Dan Lehrer R Carol Mueller D Don Weid I Tom Johnson R Jerry Lapham D Fred Lown Precinct # 7 - Constance Evangelical Free Church I Deanna Connoy - Chief D Shirley Beam Christina Pajak: - Student R Mary Sullivan R Loretta Snnderland I Edith Tray R Heidi Traeger RJohn Wolf D Nancy Ahlberg R Todd Schoffelman Chelsea Chase - Student Precinct # 8 - Andover Christian Church D Brenda Fildes - Chief D Scott Ackerman I Kelly Danzl R Virginia Hayes Brandon Hersch - Student R Dale Niemi R Doni Pentcheva R Jolene Trauba D Peter Dobratz R Pam Schilling D Ryan Fixell Precinct # 9 - Prairie Oak Community Church D Cindy Brostrom- Chief R Gary Horning I Norma Johnson D Judith Luoma R William Obedoza D Marlene Palm D Nancy Posl I Lucy Schalwig D Mary White R Ann Lown R John Moore D Peggy Kuntz R Susan Fanucci Precinct # 10 - Andover Elementarv School R Peggy Olson - Chief R James R. Anderson R Sharlene Booker R Todd Spanier D Shawn Marie Spreigl I Susan Beal I Larry Mueller D Don Ahlberg R Robyn Smith R Bev Halek Adopted by the City Council of the City of Andover this L day of October, 2004. CITY OF ANDOVER Attest: ~ (//L Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 173-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATER MAIN, STREETS & STORM SEWER ,PROJECT NO. 04-45, ANDOVER STATION NORTH RESIDENTIAL DEVELOPMENT (139TH AVENUE NW). WHEREAS, the City Council has received a petition, dated September 24, 2004, requesting the construction of improvements; and WHEREAS. such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $5,000.00 3. The proposed improvement is hereby referred to SEH and they are instructed to provide the City Council with a feasibility report, MOTION seconded by Council member Kniqht and adopted by the City Council at a reaular meeting this 5th day of October , 2004, with Council members Jacobson. Kniaht. Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ , chael R. Gamache - Mayor IL,*,,~, !J~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R172-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time of the issuance of the bonds: and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified; NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration of official intent" pursuant to Section 1.103-18 of the Regulations. 1. Official Intent Declaration (a) The City proposes to undertake the following projects described on Exhibit A attached hereto. (b) Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting preliminary expenditures as defined in Section 1.103(1)(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. (c) The City reasonably expects to reimburse the City expenditures made for costs of designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150-1(h) of the Regulations. (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18 of the Regulations. 2. Budoetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a long-term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filina. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the City Clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state statute, which would apply to the unspent proceeds of the Bonds. MOTION seconded by Council member Kniaht and adopted by the City Council of the City of Andover on this 5th day of October 2004 with Councilmembers Don Jacobson, Mike Knioht. Ken Orttel. Julie Trude and Michael Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ~K~~ ATTEST: ,MIchael R. Gamache - Mayor ~ (),;/L.- Victoria Volk - City Clerk EXHIBIT A Project Descriptions: Andover Station North -Infrastructure Improvements Project: $5,000,000 Estimated cost CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R171-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SCHEDULING PUBLIC HEARING FOR THE CERTIFICATION OF DELINQUENT UTILITY SERVICES CHARGES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges in the amount of $15,046.29 exist as of September 26, 2004; and WHEREAS, Section 8 of Ordinance 32, Section 30 of Ordinance 55 and Section 8 of Ordinance 86 provide for the collection by assessment of unpaid water, sewer, storm sewer and street light service charges respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The amount of the cost to be assessed against benefited property owners is declared to be $15,046.29 plus an administrative fee of 15%. 2. Assessment shall be payable in equal annual installments extending over a period of 1 year. The first of the installments to be payable on or before the first Monday in January 2005, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate the proper amount to be assessed against every assessable lot, piece or parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the Clerk's office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT FURTHER RESOLVED BY THE CITY COUNCIL; 1. A hearing shall be held the 3rd day of November, 2004 at the Andover City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published once in the official newspaper at last two weeks prior to the hearing. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole assessment with no interest. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a regular meeting this 5th day of October, 2004, with Councilmembers Don Jacobson, Mike Kniqht. Ken Orttel. Julie Trude and Michael Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~/~ Ichael R. Gamache - Mayor Il_~~ tJ4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES.NO R170-04 A RESOLUTION APPROVING THE FINAL PLAT OF "WHISPERING ACRE" AS BEING DEVELOPED BY TOM BLOMBERG ON PROPERTY LOCATED IN SECTION 36, TOWNSHIP 32 RANGE 24 (PID 36-32-24-22-0003) LEGALLY DESCRIBED AS: The North 218 feet of the West 249.72 feet ofthe North 10 Acres ofthat part of Government Lot 1, Section 36, Township 32, Range 24, lying West of Prairie Road, EXCEPT Road, subject to easement of record. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Whispering Acre"; and WHEREAS, the Developer has presented the final plat of Whispering Acre; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Shady Oak Cove contingent upon receipt of the following: I. The City Attorney presenting a favorable opinion. 2. Security to cover legal and engineering costs as determined by the City Engineer. 3. The developer shall provide an escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer that lots are graded according to the approved grading plan. 4. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 5. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 6. Park dedication and trail fees shall be paid for three lots at the rate in effect at the time of preliminary plat approval. Adopted by the City Council of the City of Andover this 5th day of October, 2004. CITY OF ANDOVER ATTEST: tI;;tMv (j~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 169-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN PROJECT NO. 04-42,13818 CROSSTOWN DRIVE NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1 st Monday in January, 2005 and shall bear interest at a rate of 5% percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reaular meeting this 5th day of October ,2004, with Councilmembers Jacobson, Kniaht. Orttel, Gamache, Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~e/~ I chael R. Gamache - Mayor ~{/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 168-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER PROJECT NO. 03-38, 14545 ROUND LAKE BOULEVARD NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 1L- years, the first of the installments to be payable on or before the 1st Monday in January, 2005 and shall bear interest at a rate of 5% percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reaular meeting this 5th day of October ,2004, with Council members Jacobson, Knioht. Orttel, Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ~ chael R. Gamache - Mayor ~()~ Victoria Volk - City Clerk - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 167-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN PROJECT NO. 03-37, DONOHUE CREEKSIDE ADDITION. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1 st Monday in January, 2005 and shall bear interest at a rate of 5% percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reoular meeting this 5th day of October ,2004, with Councilmembers Jacobson, Kniaht. Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: -~ ~ chael R. Gamache - Mayor /1 ,~~-' tJd Victoria Volk - City Clerk - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 166-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN, PROJECT NO. 03-36, 16150 CROSSTOWN BOULEVARD NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1 st Monday in January, 2005 and shall bear interest at a rate of 5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any properly so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reoular meeting this 5th day of October ,2004, with Councilmembers Jacobson, Kniaht. Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ chael R. Gamache - Mayor IL'L.J'.J IJr/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 165-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER PROJECT NO. 03-18, 16150 CROSSTOWN BOULEVARD NW . WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1 st Monday in January, 2005 and shall bear interest at a rate of 5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Council member Kniaht and adopted by the City Council at a reqular meeting this 5th day of October ,2004, with Councilmembers Jacobson, Knioht. Ortlel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~4?~ MIChael R. Gamache - Mayor J _L:.;~. !J/b Victoria Volk - City Clerk - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 164-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN PROJECT NO. 03-16,16060 CROSSTOWN BOULEVARD NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 2- years, the first of the installments to be payable on or before the 1 st Monday in January, 2005 and shall bear interest at a rate of 5% percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made, MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 5th day of October ,2004, with Council members Jacobson, Knioht. Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~..e:~~ Ichael R. Gamache - Mayor t.L~ tJ./L- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 163-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN PROJECT NO. 02-46, NEW FIRE STATION #3. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1 st Monday in January, 2005 and shall bear interest at a rate of 5% percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made, MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 5th day of October ,2004, with Council members Jacobson. Knioht. Ortlel. Gamache, Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~~~ ichael R. Gamache - Mayor Il.z.."..1 11J-L/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 162-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER PROJECT NO. 02-42,1508 -148TH LANE NW. WHEREAS, the property owner has waived their right to a public hearing, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 2...- years, the first of the installments to be payable on or before the 1 st Monday in January, 2005 and shall bear interest at a rate of 5~ percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the . whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reaular meeting this 5th day of October ,2004, with Council members Jacobson, Knioht. Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~..-~ chael R. Gamache - Mayor ~()& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 161-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATER MAIN, STORM SEWER & STREETS FOR PROJECT 02-45. CONSTANCE CORNERS. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $951,322.33 plus $7,514.00 for seal coat (private street), and the expenses incurred or to be incurred in the making of such improvement amount to $404,749.74 and work previously done amount to $0.00 so that the total cost of the improvement will be $1.363,586.07 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $246.893.87 the amount to be assessed against benefited property owners is declared to be $1.116,692.20 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of!! years. The first of the installments to be payable on or before the 15th day of April 2005, and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember KniQht and adopted by the City Council at a reaular meeting this 5th day of October , 2004 , with Councilmembers Jacobson, Kniahl. Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~(j~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 160-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DIRECTING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SITE GRADING, SANITARY SEWER, WATER MAIN, STREETS, STORM SEWER, TRAILS & SIDEWALKS ,PROJECT 02-33 IN THE AREA OF ANDOVER STATION NORTH. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically Site Gradina, Sanitary Sewer, Water Main. Streets, Storm Sewer. Trails & Sidewalks in the following described area: Andover Station North ; and WHEREAS, the City Council proposes to assess the benefiting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to SEH and they are instructed to provide the City Council with a feasibility report, MOTION seconded by Councilmember Knioht and adopted by the City Council at a special meeting this 28th day of September , 2004 , with Council members Jacobson, Knioht. Ortlel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~-/--L I' ichael R. Gamache - Mayor ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 159-04 MOTION by Council member Kniaht to adopt the following: A RESOLUTION REQUESTING THE STATE OF MINNESOTA TO MODIFY MINNESOTA STATUTE 169.14 SUBD. 2 CLAUSE 1 AND 7(C) TO ALLOW CITIES TO ESTABLISH 30 MPH IN RURAL RESIDENTIAL DISTRICTS. The City Council is the governing body of Andover, Minnesota; and WHEREAS, Minnesota Statute 169.14 Subd. 2 Clause 1 sets the maximum speed limit as 30 MPH in an urban district or on a town road in a rural residential district; and WHEREAS, the City of Andover finds that in the interest of public safety, that a speed limit of 30 MPH should also be established in cities that have rural residential districts; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the State of Minnesota modify Minnesota Statute 169.14 Subd. 2 Clause 1 and 7(C) to be modified as follows: . 169.14 Subd. 2 Clause (1) - 30 miles per hour in an urban district or on a town or City street in a rural residential district. . 169.14 Subd. 2 Clause 7(C) - For the purposes of this subdivision, "rural residential district" means the territory contiguous to and including any town road or City street within a subdivision or part of land that is built up with dwelling houses at intervals of less than 300 feet for a distance of one- quarter mile or more. MOTION seconded by Councilmember Gamache and adopted by the City Council at a reaular meeting this 215t day of September ,2004, with Council members Trude, Kniaht. Orttel. Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: '-~ )-r ~ t/v-a Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Council Member Trude introduced the following resolution and moved its adoption: RESOLUTION NO. 156-04 RESOLUTION ADOPTING A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1 AND ESTABLISIDNG TAX INCREMENT FINANCING DISTRICT NO. 1-4 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Andover Economic Development Authority (the "EDA") of the City of Andover (the "City") has heretofore established Development District No. 1 and adopted the Development Program therefor. It has been proposed by the EDA and the City that the City adopt a Modification to the Development Program for Development District No. 1 (the "Development Program Modification") and establish Tax Increment Financing District No. 1-4 (the "District") therein and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Development Program Modification and the TIF Plan are referred to collectively herein as the "Program Modification and TIF Plan"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.124 to 469.134 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as reflected in the Program Modification and TIF Plan, and presented for the Council's consideration. 1.02. The EDA and City have investigated the facts relating to the Program Modification and TIP Plan and have caused the Program Modification and TIF Plan to be prepared. 1.03. The EDA and City have performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Program Modification and TIP Plan, including, but not limited to, notification of Anoka County and Independent School District No. 11 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Program Modification and TIF Plan by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports") relating to the Program Modification and TIP Plan and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Program Modification and TIF Plan. The Reports include data, information and/or substantiation constituting or relating to the basis for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. 1.05 The City is not modifying the boundaries of Development District No. 1. Section 2. Findings for the Adoption and Approval of the Program Modification and TIF Plan. 2.01. The Council hereby finds that the Program Modification and TIF Plan, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public interest and accomplish certain objectives as specified in the Program Modification and TIP Plan, which are hereby incorporated herein. Section 3. Findings for the Establishment of Tax Increment Financing District No. 1-4. 3.01. The Council hereby finds that the District is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469. I 74, Subd. 10 (a)(I). 3.02. The Council further finds that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Pinancing Plan, that the Program Modification and TIP Plan conform to the general plan for the development or redevelopment of the City as a whole; and that the Program Modification and TIP Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 3.04. The City of Andover elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause a, which means the fiscal disparities contribution would be taken from outside the District. Section 4. Public PUrPose 4.01. The adoption of the Program Modification and TIF Plan conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. Section S. Approval and Adoption of the Program Modification and TIF Plan. 5.01. The Program Modification and TIF Plan, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the City Administrator. 5.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Program Modification and TIP Plan and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03 The Auditor of Anoka County is requested to certify the original net tax capacity of the District, as described in the Program Modification and TIF Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the City of Andover is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 5.04. The City Administrator is further authorized and directed to file a copy of the Program Modification and TIF Plan with the Commissioner of the Minnesota Department of Revenue pursuant to Minnesota Statutes 469.175, Subd. 4a. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Orttel, and upon a vote being taken thereon, the following voted in favor thereof: All and the following voted against the same: None Dated: September 21, 2004 ATTEST: {L~ ()Lb ~R~~ .d' Victoria V olk, City Clerk ike Gamache, Mayor (Seal) EXHmIT A The reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan (the "TIF Plan") for Tax Increment Financing District No. 1-4 ("TIF District No. 1-4"), as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that TIF District No. 1-4 is a redevelopment district as defined in MS., Section 469.174, Subd 10(a)(1). TIF District No. 1-4 consists of 20 parcels, with plans to redevelop the area for office and warehouse facilities. At least 70 percent of the area in the parcels in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings in TIF District No. 1-4, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance (See Appendix F of the TIF Plan). 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable fUture and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration ofTIF District No. 1-4 permitted by the TIF Plan. This finding is supported by the fact that the redevelopment proposed in this plan meets the City's objectives for redevelopment. The proposed redevelopment consists of small commercial and light industrial businesses in City of Andover. This area is occupied by 20 parcels, where some acquisition, demolition and renovation will be required to permit the proposed redevelopment of the area. The costs of renovation, land acquisition costs and site preparation, on the first phase is expected to be over $376,000. Without any public assistance, the cost of land, utili!ies, demolition, site preparation is higher than raw land prices. The City expects that all other substandard buildings in the District to encounter similar economical barriers. In addition, with public assistance, other business owners in the District have expressed interest in renovating existing facilities. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration ofTIF District No. 1-4 permitted by the TIF Plan: This finding is justified on the grounds that the cost of site and public improvements and utilities add to the total redevelopment cost. It is not likely that any new development on this site is feasible without assistance. New development or redevelopment on the site would not take place in the foreseeable future. Therefore, the City concludes as follows: a. The City's estimate of the amount by which the market value of the entire District will increase without the use oftax increment financing is less than $11,744,288. b. If all development which is proposed to be assisted with tax increment were to occur in the District, the total increase in market value would be up to $15,770,280 (see Appendix G in the TIF Plan). c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $4,022,922. Even if some development other than the proposed development were to occur, the Council finds that no alternative development would occur that would produce a market value increase greater than $11,744,288 (the amount in clause b less the amount in clause c) without tax increment assistance. 3. Finding that the TIF Plan for TIF District No. 1-4 conforms to the general plan for the development or redevelopment of the municipality as a whole. The City consulted the Planning Commission and the Council finds that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for TIF District No. 1-4 will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of Development District No. 1 by private enterprise. The project to be assisted by TIF District No. 1-4 will result in increased employment in the City and the State of Minnesota, the renovation of substandard properties, increased tax base of the State and add a high quality development to the City. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 155-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 04-9, CROSSTOWN MEADOWS. WHEREAS, the City of Andover has a contract for Project No. 04-9 with Inland Utilitv Construction, Inc. of St. Michael. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 04-9. Adopted by the City Council of the City of Andover this 21st day of September , 2004. CITY OF ANDOVER -~ .- .~ :L/ ATTEST: ()~~ {)ff Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 154-04 \ MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT 04-2, 2004 OVERLAYS IN THE AREA OF KIOWA TERRACE, VALLEY VIEW ESTATES 2ND ADDITION, CEDAR-CREST ESTATES, CEDAR CREST ESTATES 2NLJ ADDITION, LAKE RIDGE & LAKESIDE ESTATES .THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $ 718.606.25 , the expenses incurred or to be incurred in the making of such improvement amount to $ 99,255,39 so that the total project cost of the improvement will be $ 817,861.64 1, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 721.795.04 the amount to be assessed against benefited property owners is declared to be $51,563.07($1.841.54/1lotl Kiowa Terrace & $44,503.53 ($2,225.18/1otl Vallev View Estates 2nd Addition 2. Assessments shall be payable in equal annual installments extending over a period of .Q.... years. The first of the installments to be payable on or before the 1 st Monday in January 2005 , and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 2151 day of September, 2004, with Councilmembers Trude, Knioht. Ortlel. Gamache, Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: .~ 11<~ O..u Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 153-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN ,FOR PROJECT 04-42, 13818 CROSSTOWN DRIVE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 6,616,28 so that the total cost of the improvement willbe$ 6,616,28 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 6,616.28 2. Assessments shall be payable in equal annual installments extending over a period of ..Q.. years. The first of the installments to be payable on or before the 1 st Monday in January 2005 , and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 21st day of September ,2004, with Councilmembers Trude. Kniaht. Orttel. Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi ael R. Gamache - Mayor ~ OLL- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 152--04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 04-42 FOR WATERMAIN IN THE FOLLOWING AREA OF 13818 CROSSTOWN DRIVE NW, WHEREAS, the City Council did on the th day of September , 2004, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the Citv Enaineer and presented to the Council on the 21st day of Seotember ,2004; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 6,616,28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 6,616.28 and waive the Public Hearing. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 21st day of Seotember ,2004, with Councilmembers Trude, Kniaht. Ortlel. Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o-z, ~ U ATTEST: ~ , chael R. Gamache - Mayor ~tJ4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 150-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN, FOR PROJECT 03-37, DONOHUE CREEKSIDE ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 12.417,76 so that the total cost of the improvement will be$ 12.417.76 1. NOW. THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 12.417.76 2. Assessments shall be payable in equal annual installments extending over a period of ..Q.... years. The first of the installments to be payable on or before the 1 st Monday in January 2005 , and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 21st day of September ,2004, with Council members Trude, Kniaht. Orttel. Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ ~ ;...<' " Ichael R. Gamache - Mayor tl::t;:, tJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 149-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN, FOR PROJECT 03-36, 16150 CROSSTOWN BOULEVARD NW, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 106.464,55 so that the total cost of the improvement will be $106.464.55 . 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 106.464.55 2. Assessments shall be payable in equal annual installments extending over a period of ..1L years. The first of the installments to be payable on or before the 1 st Monday in January 2005 , and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Council member Trude and adopted by the City Council at a reaular meeting this 21 sl day of Seotember ,2004, with Council members Trude, Knioht. Orttel. Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: /J..:;t;;~ ()v& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 148-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER , FOR PROJECT 03-18, 16150 CROSSTOWN BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 66,366.69 so that the total cost of the improvement will be $66.366.69 . 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 66,366.69 2. Assessments shall be payable in equal annual installments extending over a period of JL years, The first of the installments to be payable on or before the 1 st Monday in January 2005 ,and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3, The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 21st day of September ,2004, with Councilmembers Trude, Kniaht. Orttel. Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~d~ fI1i ael R. Gamache - Mayor ()~ ad- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 147-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN ,FOR PROJECT 03-16, 16060 CROSSTOWN BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 11,947.19 so that the total cost of the improvement will be $ 11 ,947,19 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 11,947.19 2. Assessments shall be payable in equal annual installments extending over a period of ..2.... years. The first of the installments to be payable on or before the 1 st Monday in January 2005 , and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution, 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 21st day of Seotember ,2004, with Councilmembers Trude, Kniaht. Ortlel. Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ LL f:.'. j ova Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 146-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN, FOR PROJECT 02-46, FIRE STATION #3. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 43,628.12 so that the total cost of the improvement will be$ 43,628.12 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 43,628.12 2. Assessments shall be payable in equal annual installments extending over a period of ~ years. The first of the installments to be payable on or before the 1st Monday in January 2005 ,and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution, 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4, The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Council member Trude and adopted by the City Council at a reaular meeting this 21st day of September ,2004, with Councilmembers Trude. Kniaht. Orttel, Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ . ~ "'. e ~chael R. Gamache - Mayor i.Lc~ tlvtt. Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 145-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER ,FOR PROJECT 02-42, 1508 _148th LANE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 7.246.78 so that the total cost of the improvement will be$ 7,246.78 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 7.246.78 2. Assessments shall be payable in equal annual installments extending over a period of .Q... years. The first of the installments to be payable on or before the 1 st Monday in January 2005 ,and shall bear interest at the rate of 5Y> percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof, MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 21st day of September ,2004, with Councilmembers Trude, Kniaht. Orttel. Gamache, Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: '-/'~~./<~ ~chael R. Gamac e - Mayor (Lh-=-~ aa Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 144-04 A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2005. WHEREAS, the preparation and adoption of budgets is recognized as sound fmancial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2005; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2005 as listed on Attachment A. Adopted by the City of Andover this 7th day of September 2004. CITY OF ANDOVER TTEST: l}t;.,- (llf" lJt.-L.- !-c;..o/ Victoria V olk - City Clerk STATE OF MINNESOTA) JUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certifY that I have carefully compared the attached Resolution No. 144-04 adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2005 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF. I have hereunto subscribed my hand this 7th day of September 2004. ( /.. ~ 11>~ !J.b.? Victoria Volk - City Clerk Attachment A CITY OF ANDOVER 2005 Proposed Levy Certification Debt Cbanges County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explanation 30 GO Improvement Bond of 1994 $ 41.569 $ $ 41,569 Paid off 02/0 1/04 32 GO Improvement Bond of 1995 20,747 20,747 Paid off 02/0 1/04 50 200 I GO Capital Equipment Cert. 283,210 283,210 ok 55 2003C GO Equipment Certificate 126,000 132,030 (6,030) County is using a preIiminaIy debt schedule 56 2004A GO Capital Improvement Bonds 367,300 247,766 119,534 County is using a preliminary debt schedule 2004 EDA Public Facility Lease Rev 807,000 (807,000) County doesn't have debt schedule 2005 GO Capital Equipment Cert. 200,000 (200,000) Levy needed for issuance in 2005 Total $ 838,826 $ 1,670,006 $ (831,180) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 143-04 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2005 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant fmancial support from its residents through the payment . of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certifY to the County Auditor a proposed tax levy and budget prior to September IS, 2004. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2005 property tax levy totaling $7,556,813 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the preliminary General Fund budget as follows: Revenues Expenditures Property Taxes $ 4,929,208 General Government $ 2,231,027 License and Permits 593,350 Public Safety 2,979,625 Intergovernmental Revenue 598,329 Public Works 2,115,169 Charges for Current Services 633,825 Other 33,000 Fines and Forfeits 85,000 Miscellaneous Revenue 324,000 Transfers 175,000 Use of Fund Balance 20,109 Total $ 7,358,821 Total $ 7,358,821 Adopted by the City of Andover this 7th day of September 2004. CITY OF ANDOVER ~ ~~~ U ATTEST: ~6'hael R. Gamache - lVlayor ~ a ;J-' ,~v Victoria V olk - City Clerk STATE OF MINNESOTA) COUNTYOFANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. 143-04 adopting the 2005 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 7th day of September 2004. ~tJ~ Victoria V olk - City Clerk Attachment A CITY OF ANDOVER, MINNESOTA Proposed 2005 Property Tax Levy Proposed 2005 General Fund Levy $ 4.851,158 Debt Service Funds Levy 200lC G.O. Equipment Certificate 283,210 2003C G.O. Equipment Certificate 132,030 2004A G.O. Capital Improvement Bonds 247,766 2004 EDA Public Facility Revenue Bonds 807,000 2005 G.O. Equipment Certificate 200,000 Total Debt Service 1,670,006 Other Levies Fire Levy 43,750 Capital Projects Levy Capital EquipmentlProject 203,200 Parks Projects 52,800 Road & Bridge 659,899 Pedestrian Trail Maintenance 46,000 Lower Rum River Watershed 30,000 Gross City Levy $ 7,556,813 Operational Levy $ 4,924,908 65.2% Debt Service Levy 1,670,006 22.1% Capital Levy 961,899 12.7% $ 7,556,813 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 142-04 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 04-36 FOR LIFT STATION #4. WHEREAS, the City Council did on the 4th day of Auaust , 2004, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by TKDA and presented to the Council on the 7th day of Seotember ,2004; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 92.510.00 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 92,510.00 and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct TKDA to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Orttel and adopted by the City Council at a reaular meeting this ih day of Seotember ,2004, with Councilmembers Trude, Knioht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: a;;/;u~ {)dtL Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO R14l-04 A RESOLUTION APPROVING THE PRELIMINARY PLAT WITH PLANNED UNIT DEVELOPMENT REVIEW OF "MILLER'S WOODS" FOR PROPERTY LOCATED IN SECTION 13, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED ON EXHIBIT A; WHEREAS, Gary Laurent of Laurent Builders, Inc. has requested approval of a preliminary plat with Planned Unit Development Review of Miller's Woods, and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of City Code 13 Planned Unit Development with the following findings: 1. Miller's Woods incorporates buffering on its southern and eastern borders. Stands of existing trees will be preserved to help screen the urban density of this development from the existing rural properties around the site. 2. A sidewalk is included in the design that will provide off-street pedestrian access to the entire development, including the park, play area, and swimming pool. An 8-foot trail also leads out of the neighborhood and will connect with the future City trail along Crosstown Boulevard. 3. Miller's Woods incorporates buffering on its southern and eastern borders. Stands of existing trees will be preserved to help screen the urban density of this development from the existing rural properties around the site. 4. Tree preservation has been a goal throughout the planning of the Miller's Woods development. Page C4 of the attached plans illustrates areas where existing stands of trees will be preserved. 5. The proposed landscaping plan, with some adjustments, will provide focus areas at the entrance to the development, an attractive entrance monument and thematic planting areas throughout the interior of the development. Existing trees will be saved in rear yard areas and others will be transplanted throughout the development to create a naturally forested character and will include screening along Crosstown Boulevard. 6. The design of the subdivision has maintained over 6 acres of open space. This includes community outlots, as well as a private park and swimming pool area. 7. Tree clustering will be an important element in the streetscape and landscape design of this development. Many lots will be custom graded, which will give the builders a 7 chance to preserve tree groupings on lots. The flexibility provided in front and side yard setback requirements will also provide for variety in the location of homes streetscape. 8, Samples ofthe housing proposed for the development are attached. 9. An owner's association will be established for the longterm maintenance of the private park and open space areas. The covenants for the development will also ensure lasting quality. WHEREAS, Gary Laurent of Laurent Builders, Inc. has requested approval of a variance to City Code 13-6-5 for Lot I, Block 3 to allow a reduced width in the front 116.5 feet of the lot, and; WHEREAS, the Planning Commission recommends approval of the variance based on the following findings: I. The existence of wetlands on the site make strict adherence to the requirements unfeasible. 2. The lot exceeds one acre in size and provides a large amount of buildable area at a safe distance from the wetlands. WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the property values and scenic views ofthe surrounding area, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval ofthe plat, and; WHEREAS, the Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: I. The Preliminary Plat shall conform to the plans revised August 27th, 2004 and stamped received on August 30th, 2004, except so as to be modified as follows: A) As necessary to comply with City and the Coon Creek Watershed Management Organization requirements concerning hydrology issues prior to being placed on a City Council agenda. B) The landscaping plan shall be modified to indicate that a minimum of 178 trees (2 trees per lot) will be installed or relocated to meet the City's front yard tree planting requirements. Trees preserved in front yards shall also be counted toward satisfYing this requirement. C) To comply with Engineering Department's memo dated August 31, 2004. 2. Exhibit B shall regulate the lot dimensions, setbacks, area identification sign, landscaping plan, and association documents for the proposed development. 3. The developer shall contribute toward improvements made to the intersection of 159th A venue and Crosstown Boulevard NW on a per unit basis. The required financial contribution shall be based on the total project cost as determined by the City Engineer 8 minus payments from the Constance Corners development and Fire Station #3. Payment amounts will be provided as conditions of final plat approval based on the number of units shown on the final plat. 4. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 5. Park dedication and trail fees shan be based upon the decision of the City Council and incorporated into a condition at the time of final plat approval. 6. Parking shall be prohibited on one side of the public streets within the development as determined by the City Engineer. Appropriate signage and striping shall be installed at the developer's expense. 7. The development shall conform to City Code Titles II, 12, and 13, as well as Exhibit B "Miller's Woods Design Specifications". Exhibit B shall regulate when in conflict with the City Code. 8. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 9. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 10. The developer must comply with the conditions included on the Landscaping Plan in regard to the quantity and location of trees planted in the development. II. An irrigation plan shall be submitted to the City Engineering Department for review prior to installation. 12. A property owners association shall be created with the following documents provided to the City Attorney for review and approval prior to being recorded with the final plat in accordance with City Code 11-2-3: a. Articles of Incorporation b. By-laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, exterior maintenance of the homes and maintenance ofthe common areas. Adopted by the City Council of the City of Andover this /..,., day of s,/"/.,2004. CITY OF ANDOVER ATTEST: 11::1::,: ) tJ$ ~YW~ ~1 Victoria Volk, City Clerk lchael R. Gamache, Mayor 9 Miller's Woods Preliminary Plat Resolution EXHIBIT A Parcel A That part of the Southwest Quarter of the Southwest Quarter, Section 13, Township 32, Range 24, Anoka County, Minnesota, lying northerly of the following described tract: Commencing at a point on the west line thereof, distant 400 feet north of the southwest corner of said Section 13; thence north along the west line thereof, a distance of 400 feet; thence east at right angles to the west line thereof to the east line of said Southwest Quarter of the Southwest Quarter; thence south along the east line thereof a distance of 400 feet; thence west to the point of beginning. Parcel B The South Half of the Northwest Quarter of the Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota excepting therefrom the following: Beginning at a point on the West line of said South Half ofthe Northwest Quarter of the Southwest Quarter, distant 329.03 feet northerly ofthe Southwest corner thereof; thence southerly along said West line a distance of293.03 feet; thence easterly parallel with the South line of said South Half of the Northwest Quarter of the Southwest Quarter a distance of 60.05 feet; thence easterly a distance of 95.40 feet along a tangential curve concave to the South, having a radius of 505.81 feet and a central angle of 10 degrees 48 minutes 25 seconds; thence southeasterly, tangent to said curve, a distance of 87.69 feet; thence easterly a distance of 110.82 feet along a tangential curve concave to the North having a radius of 597.00 feet and a central angle of 10 degrees 38 minutes 09 seconds to the Southeast corner of the West 350.67 feet of said South Half of the Northwest Quarter of the Southwest Quarter thence northerly along the east line of said west 350.67 feet a distance of 333.69 feet to the intersection with a line drawn easterly from the point of beginning, perpendicular to the West line of said South Half ofthe Northwest Quarter of the Southwest Quarter; thence westerly along said perpendicular line a distance of 350.67 feet to the point of beginning. Parcel C That part of the Southwest Quarter of the Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the West line thereof distant 400 feet North of the Southwest corner of said Section 13; thence North along the West line thereof a distance of 400 feet; thence East at right angles to the West line thereof to the East line of said Southwest Quarter of the Southwest Quarter; thence South along the East line thereof a distance of 400 feet; thence West to the point of beginning. Excepting from the above described parcel that tract of land described as follows: 10 That part of the Southwest Quarter of the Southwest Quarter, Section 13, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at a point on the West line thereof distant 400 feet North of the Southwest corner of said Section 13, thence North along the West line of Southwest Quarter a distance of 160 feet, thence East at right angles to the West line a distance of 495 feet, thence South at right angles a distance of 160 feet, thence West at right angles a distance of 495 feet to the point of beginning. II Miller's Woods Preliminary Plat Resolution EXHIBIT B Miller's Woods Design Specifications No. Item R-4 Standard P.U.D. Reauest Reason for Renuest 1 Min. Lot Width 80 feet 76 feet Reduces amount of street, saves area for tree 100 feet corner 100 feet on corner preservation, private park and open space. . 74 lots . 14 lots 2 Front Setback 35 feet 20 feet house Saves rear yard trees, provides physical ?5 feet aaraae separation and buffer from surroundina rural area 3 Side Setbacks 10 feet 7 feet '\lIows more flexibility in house placement - used in concert with custom-grading for specimen tree reservation, allows variety from lot to lot 4 Street Width 32 feet 28 feet Reduces amount of street, saves area for tree preservation, private park and open space, provides traffic caiming, offsets reduced front yard setback. 1) The Landscaping Plan shall conform to the plan dated 8/27/04 and stamped received by the City of Andover 8/30/04. 2) The Association Documents shan be subject to review by the City Attorney and staff. 3) The area identification sign shall conform to the plan by Ernst Associates dated 6/2/2004. 12 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 140-04 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 04-13 FOR Veterans Memorial Boulevard NW throuah the proposed Woodland Estates 6th Addition development. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 133-04 ,dated Auqust 4, 2004, bids were received, opened and tabulated according to law with results as follows: Total Bid Contractor Amount Northern Asphalt $163,997.59 Forest Lake Contracting 201,870.00 Universal Enterprises of Mid-MN 206,432.96 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Northern Asphalt as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Northern Asphalt in the amount of $ 163,997.59 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniaht and adopted by the City Council at a reaular meeting this 7th day of September , 2004 , with Council members Trude. Knioht. Orttel. Gamache, Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~O,.tb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R139-04 A RESOLUTION APPROVING THE FINAL PLAT OF "SOPHIE'S MANOR" FOR EMMERICH DEVELOPMENT CORPORATION ON PROPERTY LOCATED IN SECTION 21, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: That part of the Northwest Quarter of the Northeast Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota, except the Burlington Northern Railroad, lying north of Crosstown Boulevard NW. AND That part of the Southwest Quarter ofthe Northeast Quarter of Section 23, Township 32 Range 24, Anoka County, Minnesota lying North of Crosstown Boulevard NW except the West 250.00 feet of Said Southwest Quarter of the Northeast Quarter. WHEREAS, the City Council has approved the preliminary plat of "Sophie's Manor", and; WHEREAS, the Developer has presented the final plat of Sophie's Manor, and; WHEREAS; the City Engineer has found such final plat to conform with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Sophie's Manor final plat contingent upon the foIlowing: I. The Final Plat shall conform to the drawing stamped received by the City of Andover on September 2, 2004. 2. Outlot A shall be combined with adjoining property (p.I.D. 23-32-24-11-0003) at the time the plat is recorded. 3. Park dedication and trail fees shall be paid for each unit based on the rate in effect at the time of preliminary plat approval. 4. The developer shall be required to pay the City $92,172. The City will use this money for this development's share ofthe costs associated with a Chapter 429 improvement project to build a new street intersection for Xeon Street NW and CSAH 18. 5. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed, Adopted by the City Council of the City of Andover this 7th day of September, 2004. CITY OF ANDOVER ATTEST: .Lt/ ~a Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 138-04 MOTION by Council member Trude to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN ,PROJECT NO. 04-42, IN THE AREA OF 13818 CROSSTOWN DRIVE NW . WHEREAS, the City Council has received a petition, dated Auaust 17, 2004 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 7th day of September , 2004, with Council members Trude. Kniaht. Orttel, Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ :~ ~ chael R. Gamache - Mayor t.L;t;;., IJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 137-04 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 03-5. CITY VIEW FARM. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2, Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of.JL years. The first of the installments to be payable on or before the 15th day of April 2005, and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this ih day of September , 2004 with Councilmembers Trude, Kniaht, Orttel, Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ~ tJ./L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 136-04 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF TRAIL CONSTRUCTIONb PROJECT NO. 04-20, CROSSTOWN BOULEVARD NW (EAST SIDE) BETWEEN 142N AVENUE NW & ANDOVER BOULEVARD NW, WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 111-04 ,dated Julv 20, 2004, bids were received, ope.ned and tabulated according to law with results as follows: Universal Enterprises of Mid-MN Inc. $57,575.53 Barber Construction $66,037.00 Frattalone Paving Inc. $71,955.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Universal Enterprises of Mid-MN Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Universal Enterprises of Mid-MN Inc. in the amount of $57,575.53 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniaht and adopted by the City Council at a special meeting this 24th day of Auaust , 2004 , with Council members Jacobson, Ortlel. Trude. Kniaht. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER , ~% ATTEST: -~;f~-'." (v:--~ ~r6hael R. Gamache - Mayor ~ rJ,&/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 135A-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PROJECT NO. 04-27, EMERGENCY VEHICLE PREEMPTION (EVP)/L1GHT EMITTING DIODES (LED'S) FOR TRAFFIC SIGNALS FOR THE FOLLOWING LOCATION: 1351H AVENUE NW & 1361H AVENUE NW ON ROUND LAKE BOULEVARD NW. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 118A-04 ,dated Julv 20, 2004, bids were received, opened and tabulated according to law with results as follows: Forest Lake Contracting $295,336.09 Universal Enterprises $317,717.83 North Valley Inc, $355,698.54 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Forest Lake Contractino as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Forest Lake ContractinQ in the amount of $ 295.336.09 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Orttel and adopted by the City Council at a special meeting this 24th day of Auaust , 2004 , with Council members Jacobson, Orttel. Trude. Kniaht. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ !k'b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 135-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PROJECT NO. 04-7, TRAFFIC SIGNAL FOR PRAIRIE ROAD NW & BUNKER LAKE BOULEVARD NW . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 118-04 ,dated Julv 20, 2004, bids were received, opened and tabulated according to law with results as follows: Forest Lake Contracting $295,336,09 Universal Enterprises $317,717.83 North Valley Inc. $355,698.54 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Forest Lake Contractino as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Forest Lake Contractina in the amount of $ 295,336.09 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Orttel and adopted by the City Council at a special meeting this 24th day of Auaust , 2004 , with Council members Jacobson. Orttel, Trude, Knioht. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ,~ (J/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO- R134-04 A RESOLUTION APPROVING THE CONDITIONALUSE PERMIT REQUEST OF ANDOVER CHRISTIAN CHURCH FOR PROPERTY LOCATED AT 16045 NIGHTINGALE ST. NW, (PIN 15-32-24-42-0006) LEGALLY DESCRIBED AS: The North 693.00 feet of the West 402.00 feet as measured along the West and North lines respectively, of the Northwest Quarter ofthe Southwest Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota, Except the South 30.0 feet thereof, as measured at right angles to the South line thereof. Also ExceptParcel2l, ANOKA COUNTY HIGHWAY RIGHT-OF-WAY PLAT No.2, according to the recorded plat thereof, Anoka County, Minnesota, and Also Except Parcel 33, ANOKA COUNTY HIGHWAY RIGHT-OF- WAY PLAT No. 20, according to the recorded plat thereof, Anoka County, Minnesota. AND That part of the Northwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota, lying South of the Right-of-Way line of County State Aid Highway No. 20, per ANOKA COUNTY HIGHWAY RIGHT-OF- WAY PLAT No. 20, according to the recorded plat thereof, Anoka County, Minnesota, and lying East of the West 402.00 feet thereof, as measured along the North line thereof, and lying Northwesterly of the fonowing described line: Beginning at the Southeast corner of the North 663.00 feet of the West 402.00 feet of said Northwest Quarter ofthe Southeast Quarter as measured along the West and North lines thereof; thence Northeasterly in a straight line, to a point on the South Right-of-Way line of said County State Aid Highway No. 20, distant 300.00 feet Westerly of the East line of said Northwest Quarter ofthe Southeast Quarter, and to the point of termination of the line being described. WHEREAS, Andover Christian Church has requested a Conditional Use Permit for institutional signage in a residential district with an aggregate square footage exceeding thirty-two (32) square feet and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for institutional signage in a residential district with a maximum aggregate square footage of sixty (60) square feet on said property with the following condition: 1. That the sign shall conform in all other aspects to City Code section 12-14-9. . Adopted by the City Council of the City of Andover on this l7'h day of August, 2004. CITY OF ANDOVER ATTEST: tL~ 0;/;5' Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R. 133-04 A RESOLUTION APPOINTING JUDGES TO SERVE AT THE SEPTEMBER 14, 2004 PRIMARY ELECTION IN THE CITY OF ANDOVER. WHEREAS, the City Council is required by State Statute to appoint election judges to serve at the September 14, 2004 Primary Election. NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as election judges at the September 14, 2004 Primary Election. Precinct # I - Hope Lutheran Church R Gloria Young - Chief R William Bush R Jan Gilpin D LeeAnn Horton D Signe Renshaw R Richard Snyder D Gary Strand R Deborah Olson R Sylvia Yolk Jessica Wegner - Student Precinct # 2 - Grace Lutheran Church R Vema Hennen - Chief R Robert Belousek D Carol Bradley D Janet Conway R Kay Cooper R Chris Deggendorf D Micki Harris D John Johanson Kelsey Knutson - Student R Joann Koechler R Jerry Lapham D Fred Lown R Joyce Nichols I Luther Romo Karl Tingelstad - Student Precinct # 3 - Riverdale Assemblv of God Church R Cheryl Orttel- Chief R Elaine Boos D Quinley Free R Phyllis Kieffer I Irene Kroll R Michael St. John R Robert Stromgren R Sue McBride D Connie Schultz Precinct # 4 - The Fannstead D Gretchen Sabel- Chief D Karen Brown D Leatrice Cooper D Stan Graf D Mildred Johnson R Maureen Olson R Greg Pajak R Lorraine Tressel R Bonnie Lapham Precinct # 5 - Meadow Creek Church R Terry Van Note - Chief R Sue Ctvrtnik R Lois Spadgenske R Susan Wood D Troy Brown D Bruce Crane R Mary Munson Precinct # 6 - Bunker Hills Activity Center D Charles Buckman-Ellis- Chief R Jessie Fredine D Dan Frost D Albert LaCombe R Dan Lehrer R Polly Matteson R Carol Mueller R Dean Stephens R Marlene Westphal DDon Weid Precinct # 7 - Constance Evangelical Free Church I Deanna Connoy - Chief D Shirley Beam Christina Pajak - Student R Mary Sullivan R Loretta Sunderland I Edith Tray R Heidi Traeger RJohn Wolf D Nancy Ahlberg D Carol Kehner Precinct # 8 - Andover Christian Church D Brenda Fildes - Chief D Scott Ackerman I Kelly Danzl R Joe Dupay R Virginia Hayes Brandon Hersch - Student R Dale Niemi R Doni Pentcheva R Jolene Trauba D Peter Dobratz Precinct # 9 - Prairie Oak Community Church D Cindy Brostrom- Chief R Gary Horning I Norma Johnson D Judith Luoma R William Obedoza D Marlene Palm D Nancy Posl I Lucy Schalwig D Mary White R Ann Lown R John Moore R Carol Smith Precinct # 10 - Andover Elementarv School R Peggy Olson - Chief R James R. Anderson R Sharlene Booker I Jeanne Koehler R Todd Spanier D Shawn Marie Spreigl I Susan Beal I Larry Mueller D Don Ahlberg R Robyn Smith R Bev Halek Adopted by the City Council of the City of Andover this ~ day of August .2004. CITY OF ANDOVER Attest: tL~ (/4 Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 132-04 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN. STORM SEWER & STREETS FOR PROJECT 03-5, CITY VIEW FARM. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $94.639.45 plus $0.00 for seal coat (private street), and the expenses incurred or to be incurred in the making of such improvement amount to $43,126.52 and work previously done amount to $0.00 so that the total cost of the improvement will be $137,765.97. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $0.00 the amount to be assessed against benefited property owners is declared to be $137,765.97 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of!! years. The first of the installments to be payable on or before the 15th day of April 2005, and shall bear interest at the rate of 5% percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Council member Jacobson and adopted by the City Council at a reoular meeting this 17th day of Auaust , 2004 , with Councilmembers Jacobson, Orttel. Trude. Kniahl. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: tL~ IJra Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 131-04 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF VETERANS MEMORIAL BOULEVARD NW THROUGH PROPOSED WOODLAND ESTATES 61H ADDITION, PROJECT 04-13. WHEREAS, no parking will be allowed along both sides of Veterans Memorial Boulevard NW Through Proposed Woodland Estates 6th Addition: and WHEREAS, no parking will be allowed along Veterans Memorial Boulevard NW Through Proposed Woodland Estates 6th Addition. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone. Adopted by the City Council of the City of Andover this 17th day of Auoust , 2004. ATTEST: Mi ael R. Gamache - Mayor fLt:~ ()$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R130-04 A RESOLUTION APPROVING THE VARIANCE REQUEST FOR KEN AND CONNIE EVANS TO VARY FROM CITY CODE 12-3-4 TO REDUCE THE REAR YARD SETBACK TO 24 FEET ON PROPERTY LOCATED AT 13542 POppy ST. NW LEGALLY DESCRIBED AS: LOT 5, BLOCK I, CHAPMANS FIFTH ADDITION, ANOKA COUNTY, MN. WHEREAS, Ken and Connie Evans have petitioned to vary from the requirements of City Code 12-3-4, and; WHEREAS, the City Council finds that the special circumstances for the subject property are as follows: I. That the house faces the side ofthe lot, limiting available building space. 2. That there are limited choices for the placement of the porch due to the fact that the house is part of a duplex. WHEREAS, the City Council finds that the variance will not be detrimental to the health, safety or welfare of surrounding properties, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to vary from City Code 12-3-4 to reduce the rear yard setback for a new sun porch to 24 feet for the subject property with the following condition: I. That the variance shall be subject to a sunset clause whereas ifthe improvements are not initiated within twelve (12) months, the variance win be null and void. Adopted by the City Council of the City of Andover on this 4th day of August 2004. CITY OF ANDOVER ~v~A ATTEST: ()$ . chael R. Gamache, Mayor (1~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R129-04 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF HANSON MEADOWS FOR ERNEST ROUSSEAU ON PROPERTY LOCATED IN SECTION 34, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: The West Five Hundred Feet, Except The North One Hundred Seventy-Five Feet, Lot Nine, Watt's Garden Acres, Anoka County, Minnesota Lying West Of The East One Hundred Thirty Feet. Subject To A Road Right-Of-Way, Utility And Drainage Easements Per Document No. 198052 And Outlot A, Maxwell Estates 2nd Addition, Anoka County, Minnesota WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, the applicant has requested variances to City Code 11-3-2C. to allow lots to front on a collector street, and; WHEREAS, the findings for the proposed variances are as follows: I. The City of Coon Rapids has permitted driveways to front onto the south side of 133rd A venue across from the applicant's property. 2. There is a broad shoulder along 133'd Avenue that would accommodate traffic that may be slowing to .turn into the proposed driveways withQut impeding the flow of traffic. WHEREAS, as a result of such public hearing, the Planning Commission recommended to the City Council the denial of the plat, and; WHEREAS, the City Council has received the recommendation of the Planning Commission and required the preliminary plat to be modified, and; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover approves the preliminary plat subject to the following conditions: I. Approval of the preliminary plat is contingent upon Council approval of a vacation of the portion of the existing drainage and utility easement necessary to establish Lot 3 as shown on the preliminary plat. 2. The preliminary plat shall conform to the drawing stamped received by the City of Andover July 23,2004 including a driveway turnaround as shown for Lots 2 and 3. 3. Park dedication and trail fees shall be collected for two lots based on the rate in effect at the time of preliminary plat approval. 4. The developer shan be responsible for the cost of providing utilities to each of lots and all other improvements proposed as a part of the preliminary plat. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part ofthis agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council ofthe City of Andover this 4th day of August, 2004. CITY OF ANDOVER ATTl~Y: _ % --?~K ~ ,~.J ~~ Victoria Volk, City Clerk ichael R. Gainache, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO RI28-04 A RESOLUTION GRANTING THE V ACA TION OF EASEMENT REQUEST OF ERNEST ROUSSEAU TO V ACA TE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 13309 JAY STREET NW (pIN 34-32-24-44-0017). WHEREAS, Ernest Rousseau has requested to vacate a portion of a drainage and utility easement located at 13309 Jay Street NW, legally described on Exhibit A, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following conditions: I. The vacation of easement shall be nun and void if a final plat is not approved for Hanson Meadows. 2. This resolution shall be required to be recorded by the time of final plat recording. Adopted by the City Council of the City of Andover on this 4th day of August, 2004. CITY OF ANDOVER ATTEST . hael R. Gamache, Mayor J~ da Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R127-04 A RESOLUTION DECLARING TWO TERRIER DOGS AS NUISANCES AND ORDERlNG THEIR PERMANENT REMOVAL FROM THE CITY. WHEREAS, Todd Kjenstad, 3407 - 138th Lane NW, is the owner of two terrier dogs; and WHEREAS, numerous complaints regarding the animals running at large have been received by the Anoka County Sheriff's Office; and WHEREAS, the owner has been issued at least three citations for dogs running at large; and WHEREAS, City Code allows that a dog that has engaged in conduct resulting in three or more established violations may be declared a nuisance. NOW, THEREFORE BE IT RESOLVED that two terrier dogs be declared nuisances; and BE IT FURTHER RESOLVED that the two terrier dogs be permanently removed from the city within 48 hours of notice of this order. Adopted by the City Council of the City of Andover this 4th day of August , 2004.' CITY OF ANDOVER Attest: ~R rd.- ,,,( lchael R. Gamache - Mayor /);t;;:w Ob Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 126-04 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 04-22 FOR CROSSTOWN BOULEVARD NW & HANSON BOULEVARD NW IMPROVEMENTS RELATED TO THE COMMUNITY CENTER WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No, 103-04 ,dated Julv 6, 2004, bids were received, opened and tabulated according to law with results as follows: Base Alternate Total Bid Contractor Bid #1 Amount North Valley, Inc. $160,577.33 $72,849.85 $233,427.18 Forest Lake Contracting, Inc. $173,516.00 $75,148.00 $248,664,00 Magnum Co., LLC $180,794.78 $78,725.33 $259,520.11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate North Valley. Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with North Vallev, Inc. in the amount of $ 233,427.18 for construction of the improvements; and direct the City Clerk to retum to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Orttel and adopted by the City Council at a reoular meeting this 4th day of Auaust , 2004 , with Council members Jacobson. Trude, Gamache. Knioht. Ortlel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: " ( , chael R. Gamache - Mayor IL7&J:~ (Jr/.? Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 125-04 A RESOLUTION APPROVING THE FINAL PLAT OF "DEER OAKS" LOCATED AT 17022 AND 17052 ROUND LAKE BOULEVARD NW(P.I.D. 08-32-24-14-0001 AND 08-32-24-14- 0002) LEGALLY DESCRIBED AS: The Southeast Quarter of the Northeast Quarter of Section 8, Township 32, Range 24, EXCEPT the North 330 feet of the East 660 feet thereof (as measured along the East and North lines thereof) Also EXCEPT that part platted as PRAIRIE MEADOWS; Also EXCEPT Road; Subject to Easement of Record. WHEREAS, the City Council has approved the preliminary plat of "Deer Oaks", and; WHEREAS, the Developer has presented the final plat of Deer Oaks, and; WHEREAS; the City Engineer has found such final plat to conform with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Deer Oaks contingent upon receipt of the following: I. A separate document shall be provided for a temporary cul-de-sac easement. 2. The City Attorney presenting a favorable opinion. 3. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 4. Park dedication and trail fees shall be paid by the developer for five units based on the rate in effect at the time of preliminary plat approval. 5. The developer shall be responsible for the cost of construction of all improvements proposed as a part ofthe preliminary plat. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. 7. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 8. The developer shall provide an escrow for the uncompleted grading of the site as determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer thatlots are graded according to the approved grading plan. Adopted by the City Council of the City of Andover this 4th day of August, 2004. ATTEST: (Jrt:b <. r :i!:;. U;Z;:d chael R, Gamac e, Mayor Victoria Yolk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 124-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND ORDERING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 04-34 FOR SANITARY SEWER & WATERMAIN IN THE FOLLOWING AREA OF WHISPERING ACRE. WHEREAS, the City Council did on the 20th day of July , 2004, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Enaineer and presented to the Council on the 4th day of Auaust , 2004; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 49.381.71 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 49,381.71 and waive the Public Hearing, MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 4th day of Auaust , 2004 , with Councilmembers Jacobson, Trude, Gamache, Knioht. Orttel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~~ Michael R. Gamache - Mayor ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 123-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 04-13 FOR STREET, STORM SEWER & TRAIL/SIDEWALK CONSTRUCTION IN THE FOLLOWING AREA VETERANS MEMORIAL BOULEVARD NW THROUGH THE PROPOSED WOODLAND ESTATES 6'H ADDITION. WHEREAS, pursuant to Resolution No. 075-04, adopted by the City Council on the 6th day of April, 2004, Hakanson Anderson & Associates has prepared final plans and specifications for Project 04-13 for_ street. storm sewer & trail/sidewalk construction in the area of Veterans Memorial Boulevard NW throuoh the proposed Woodland Estates 6th Addition. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of Auaust , 2004 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , September 1 ,2004 at the Andover City Hall. MOTION seconded by Council member Trude and adopted by the City Council at a reoular meeting this 4th day of Auoust , 2004 , with Council members Jacobson. Trude, Gamache, Kniaht. Orttel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: <-/if/k: Ichael R. Gamache - Mayor ~ ()ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 122-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 2 (COMPENSATING) TO PROJECT NO. 02-45, CONSTANCE CORNERS. WHEREAS, the City of Andover has a contract for Project No. 02-45 with Northdale Construction Co.. Inc. of Roaers. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 02-45. Adopted by the City Council of the City of Andover this 4th day of Auaust ,2004. CITY OF ANDOVER ATTEST: ~ LL chael R. Gamache - Mayor ~ ()ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 121-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #....1. TO PROJECT NO. 02-45, CONSTANCE CORNERS. WHEREAS, the City of Andover has a contract for Project No. 02-45 with Northdale Construction Co., Inc. of Roaers, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 02-45. Adopted by the City Council of the City of Andover this 4th day of AUQust , 2004. CITY OF ANDOVER ATTEST: /j~ (/ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 120-04 MOTION by Council member Orttel to adopt the following: A RESOLUTION DIRECTING PREPARATION OF A FEASIBILITY REPORT FOR IMPROVEMENT PROJECT NO. 04-36 FOR LIFT STATION #4 IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the improvements; and WHEREAS, the City Council ordered the improvement of Project No. 04-36, Lift Station #4Imorovements; and NOW, THEREFORE BE IT RESOLVED by the City Council to hereby direct TKDA to prepare the feasibility report for such improvement project. MOTION seconded by Council member Knioht and adopted by the City Council at a soecial meeting this 2ih day of July ,2004, with Councilmembers Orttel. Kniaht. Gamache, Trude. Jacobson voting in favor of the resolution, and Councilmembers none - voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: chael R. Gamache - Mayor a~~ (/,,/L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 119-04 MOTION by Councilmember ,In rnh<::nn to adopt the following: A RESOLUTION AUTHORIZING THE CITY COUNCIL TO ISSUE A TEMPORARY PARKING PERMIT IN SITUATIONS SUCH AS A MEDICAL NECESSITY OR FOR ACCESS LIMITATIONS DUE TO CONSTRUCTION PROJECTS. WHEREAS, the City Council is cognizant of the need for Temporary Parking Permits; and NOW, THEREFORE BE IT RESOLVED by the City Council to hereby authorize through Council authority to issue a Temporary Parking Permit in situations such as a medical necessity or for access limitations due to construction projects. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reaular meeting this 20th day of Julv , 2004 , with Councilmembers Knight, Jacobson, Gamache, Orttel. Trude voting in favor of the resolution, and Council members NORC voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ /? cd~ .;{ chael R. Gamache - Mayor ~ U4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 118A-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 04-27, EMERGENCY VEHICLE PREEMPTION (EVPl/LlGHT EMITTING DIODES (LED'Sl FOR TRAFFIC SIGNALS FOR THE FOLLOWING LOCATION: 135TH AVENUE NW & 136TH AVENUE NW ON ROUND LAKE BOULEVARD NW. WHEREAS, pursuant to Resolution No. OS9-04 , adopted by the City Council on the 18th day of May ,2004, SEH has prepared final plans and specifications for Project 04-27, EVP/LED'S for Traffic Siana/s. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of July , 2004 , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , Auoust 19 , 2004 at the Andover City Hall. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 20th day of Julv , 2004 , with Councilmembers Orttel, Trude, Gamache, Knioht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . hael R Gamache - Mayor ~ ()ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 118-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 04-7, TRAFFIC SIGNAL FOR PRAIRIE ROAD NW & BUNKER LAKE BOULEVARD NW. WHEREAS, pursuant to Resolution No, 043-04 , adopted by the City Council on the 16th day of March , 2004, SEH has prepared final plans and specifications for Project 04-7, Prairie Road NW & Bunker Lake Boulevard NW/Traffic Siqnal WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of Julv , 2004 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , Auaust 19 , 2004 at the Andover City Hall. MOTION seconded by Council member Kniaht and adopted by the City Council at a reaular meeting this 20th day of Julv , 2004 , with Councilmembers Orttel, Trude. Gamache, Kniqht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ 1-/ ael R. Gamache - Mayor /Lt:~(j./b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 117-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN ,PROJECT NO. 04-31, IN THE AREA OF 1386-1481H LANE NW. WHEREAS, the City Council has received a petition, dated June 28, 2004 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2, Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enaineer and he is instructed to provide the City Council with a feasibility report, MOTION seconded by Councilmember Trude and adopted by the City Council at a reoular meeting this 20th day of Julv , 2004, with Council members Orttel, Trude, Gamache, Knioht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ l1;;t-~ a~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R116-04 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR BRUCE CARDINAL AND CHRISTINE BRTEK TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 1386 l48TH LN NW (26-32-24-21-0014) LEGALLY AND DESCRIBED AS: Lot 5 , Block 4 Oak Bluff, Anoka County, Minnesota To be divided into properties to be described as; PARCEL A: That part of Lot 5, Block 4, OAK BLUFF, lying Westerly of the following described line: Commencing at the southwest corner of said Lot 5; thence on an assumed bearing of South 89 degrees 25 minutes 48 seconds East along the south line of said Lot 5, a distance of 85 feet to the beginning of the line to be described; thence North 5 degrees 09 minutes 07 seconds East a distance of 187.29 feet to the north line of said Lot 5 and there said line terminating. PARCEL B: That part of Lot 5, Block 4, OAK BLUFF, lying Easterly of the following described line: Commencing at the southwest comer of said Lot 5; thence on an assumed bearing of South 89 degrees 25 minutes 48 seconds East along the south line of said Lot 5, a distance of 85 feet to the beginning ofthe line to be described; thence North 5 degrees 09 minutes 07 seconds East a distance of 187.29 feet to the north line of said Lot 5 and there said line terminating. WHEREAS, Bruce Cardinal and Christine Brtek have requested approval of a lot split to subdivide property pursuant to City Code Title 13 Chapter I, located at 1386 148tl1 Lane. NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code Title 13 Chapter 1; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: I. That the applicant shall prepare and submit to the city for approval an easement document indicating a five-foot wide drainage and utility easement along the east property line of Parcel A and along the west property line of Parcel B. 2. Parcel B shall be connected to municipal sewer and water. The assessment for the connection and any resulting road reconstruction shall be calculated by the City Engineer and approved by the City Council. A calculated pending assessment will be made against the property prior to recording the lot split. 3. The applicant shall be required to pay a Trail fee in the amount of$534. 4. The applicant shall be required to pay a Park Dedication fee in the amount of $2,200. 5. The applicant shall record the lot split with Anoka County. 6. The new deeds for the property shall contain the legal descriptions included in this resolution. 7. The lot split be subject to a sunset clause as defined in City Code Title 13 Chapter I. Adopted by the City Council of the City of Andover on this 20th day of July, 2004. CITY OF ANDOVER -7'~4d~ ATTEST: Mike Gamache, Mayor . ~o/L Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R115-04 A RESOLUTION APPROVING THE VARIANCE REQUEST FOR LINDA MAZZUCO TO VARY FROM CITY CODE 12-3-4 TO REDUCE THE REAR YARD SETBACK TO 25 FEET ON PROPERTY LOCATED AT 13943 WINTERGREEN ST. NW LEGALLY DESCRIBED AS: LOT 1, BLOCK 12, HILLS OF BUNKER LAKE, FIRST ADDITION, ANOKA COUNTY, MN. WHEREAS, Linda Mazzuco has petitioned to vary from the requirements of City Code 12-3-4, and; WHEREAS, the City Council finds that the special circumstances for the subject property are as follows: 1. The house was located on the property differently than indicated on the Certificate of Survey, through no fault ofthe owner. 2. The house is larger than what is shown on the survey. 3. There is limited lot depth through the center of the property. 4. The remaining area outside the setback does not allow for an addition with sufficient useable space to be constructed. WHEREAS, the City Council finds that the variance will not be detrimental to the health, safety or welfare of surrounding properties, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to vary from City Code 12-3-4 to reduce the rear yard setback for a new sun porch to 25 feet for the subject property with the following condition: 1. The variance shall be subject to a sunset clause whereas if the improvements are not initiated within twelve (12) months, the variance will be null and void. Adopted by the City Council of the City of Andover on this 20th day of July 2004. CITY OF ANDOVER -/e; ~ ATTEST: ~ ichael R. Gamache, Mayor l1~a Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 114-04 MOTION by Councilmember Ortlel to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND UTILITY CONSTRUCTION OF NORTH LAKE RIDGE AS BEING DEVELOPED BY ROUND LAKE DEVELOPMENT COMPANY. WHEREAS, the developer has completed the streets and utilities of North Lake Ridge. WHEREAS, the developer will be required to provide a 1 year warranty bond as determined by the City Engineer, which will expire on Julv 20, 2005 prior to release of any of the developer improvement escrows and also must pay any outstanding unpaid plat escrow balances with the City as soon as possible. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby approve the final street and utility construction of North Lake Ridge. Adopted by the City Council of the City of Andover this 20th day of Julv , 2004. CITY OF ANDOVER ATTEST: ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 113-04 MOTION by Councilmember Ortlel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN , PROJECT NO. 04-34, WHISPERING ACRE. WHEREAS, the City Council has received a petition, dated Julv 9.2004 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $5.000.00 3. The proposed improvement is hereby referred to the Citv Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 20th day of July ,2004, with Councilmembers Ortlel. Trude, Gamache. Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j)~ iJ.d- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 112-04 MOTION by Council member Ortlel to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #---1- TO PROJECT NO. 04-2. 2004 OVERLAYS. WHEREAS, the City of Andover has a contract for Project No. 04-2 with Bauerly Companies of Sauk Rapids. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 04-2. Adopted by the City Council of the City of Andover this 20th day of July ,2004. CITY OF ANDOVER ATTEST: /Ju~ ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 111-04 MOTION by Council member Ortlel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR TRAIL CONSTRUCTION, PROJECT NO. 04-20, CROSSTOWN BOULEVARD NW (EAST SIDE) BETWEEN 142NLl AVENUE NW & ANDOVER BOULEVARD NW. WHEREAS, pursuant to Resolution No. 086-04 , adopted by the City Council on the 6th day of May , 2004 ,the City Enaineer has prepared final plans and specifications for Project 04-20. Trail Construction Alona Crosstown Boulevard NW (East Side) Between 142nd Avenue NW & Andover Boulevard NW . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of July , 2004 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:30 a.m. , Auaust 19 , 2004 at the Andover City Hall. MOTION seconded by Council member Trude and adopted by the City Council at a reaular meeting this 20th day of July , 2004 . with Councilmembers Ortlel. Trude. Gamache. Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ ichael R. amache - Mayor ~a~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 110-04 MOTION by Councilmember Ortlel to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 03-2. WOODLAND CREEK GOLF VILLAS. WHEREAS, the City of Andover has a contract for Project No. 03-2 with Northwest Asphalt. Inc. of Shako pee. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 03-2. Adopted by the City Council of the City of Andover this 20th day of July , 2004. CITY OF ANDOVER ATTEST: ~#d~ chael R. Gamache - Mayor ll~;'-I (j~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 1 nQ-Q4 A RESOLUTION ORDER THE ABATEMENT OF PUBLIC NUISANCE AND A HAZARDOUS BUILDING LOCATED AT 545 - 140TH LANE NW, CITY OF ANDOVER WHEREAS, Minn. Stat. ~ 463.15, et seq., defines a hazardous building or hazardous property as any building or property which, because of inadequate maintenance, dilapidation, physical damage, unsanitary or unsafe condition, or abandonment, constitutes a fire hazard or hazard to the public safety or health; and WHEREAS, Andover City Code, Section 279, the Andover City Council found that chemicals and substances associated with a suspected clandestine drug lab site or dump site present health and safety risks to residents, occupants and visitors and further present health and safety risks to occupied residences, building and structure and to the general housing stock of the community; and WHEREAS, law enforcement has determined the existence of a clandestine drug lab site or chemical dump site at the subject property; and WHEREAS, on April '9, 2004, the City Building Official declared the subject property to be a public health nuisance, ordered no occupancy and ordered an abatement of the public health nuisance; and WHEREAS, the legal description of the subject property is: Lot 7, Block 4, SHADOWBROOK, Anoka County, Minnesota. -,- WHEREAS, the owner of the property has failed to comply with the order of abatement issued by the City Building Official; and WHEREAS, the subject property is owned by: Daniel M. Dreis and Susan Colby. WHEREAS, the abatement of the hazardous building and public nuisance is necessary to protect the health, safety and welfare of the public by elimination of the hazardous and dangerous conditions. NOW THEREFORE, be it resolved by the City Council of the City of Andover: 1. The City Council finds that the subject building is a public nuisance and is a hazardous building; the City Council further finds that the subject building is in violation of Section 279 of the Andover City Code. 2. The abatement of the nuisances at the above-described address is hereby ordered by the City Council of the City of Andover. 3. The City Administrator is hereby authorized to order the abatement described herein and, should the owner fail to so abate, the City Administrator is authorized to cause and carry out the elimination and abatement of the nuisance, to perform all tasks and functions reasonably incident thereto, and, if necessary to raze and remove the hazardous structure; the City Administrator is authorized to cause and carry out the abatement of the public nuisances found herein; the City Administrator is further ordered to keep accurate records of the costs of all actions and proceedings herein, including administrative time, attorney's fees and costs -2- and disbursements, and to send a statement of such costs to the owner with direction to pay the same pursuant to City Code. 4. In the event the owner fails to make timely payment for the costs of this proceeding, the City Administrator is directed to place a lien for all such costs against the subject property in the manner provided by law. The Mayor, Clerk, City Attorney, Building Official, and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order and to assess the costs thereof against the real estate described above for collection along with taxes. ~ Adopted by the City Council of the City of Andover this IS' day of ~ ,2004. CITY OF ANDOVER ATTEST: (L~ ()4 Victoria Volk, City Clerk -3- ORDER FOR THE ABATEMENT OF HAZARDOUS BUILDING, PUBLIC NUISANCE AND FOR THE RAZING AND REMOVAL OF A HAZARDOUS BUILDING 545 - 140th Lane NW, Andover, Minnesota The City Council of the City of Andover, Minnesota, pursuant to Resolution No. 10 '1-0'; herewith orders Daniel M. Dreis and Susan Colby to abate the public nuisances and hazardous building located at 545 - 140'h Lane NW, Andover, Anoka County, Minnesota within thirty (30) days from the date of service of this Order upon you. YOU MUST: (1) promptly contract with appropriate environmental testing, including firms to conduct an on-site assessment, complete clean up and remediation testing and follow-up testing, and determine that the property risks are sufficiently reduced in accordance with the Minnesota Department of Health guidelines; (2) notify the City of actions taken and reach an agreement with the City on the clean up schedule. The City shall consider practical limitations and the availability of contractors in approving the schedule for clean up; and (3) provide written documentation of the clean up process, including a signed, . written statement that the contamination has been reduced to an acceptable level and that the clean up was conducted in accordance with Minnesota Department of Health guidelines. Failing abatement, you are ordered to raze and remove the hazardous building which is declared to be a hazardous building and hazardous property within the meaning of Minn. Stat. ~ 463.15, and/or City Code Section 279. 1 If there is no compliance with this Order, a motion for summary enforcement of this Order shall be made to the Anoka County District Court unless an answer is filed herein within twenty (201 days of the date of service of this Order, pursuant to Minn. Stat. ~ 463.18. If no compliance with this Order shall have taken place or no answer contesting this action filed herein or if such answer is filed and the .court orders the enforcement of this order, then the City of Andover shall cause the abatement of the nuisances and hazards, and, if necessary, shall cause the building to be razed and removed; that all costs of repair, razing, correction and removal, including attorney's fees and administrative costs, shall become a lien upon the real estate on which said building was located, said lien to be levied and collected as a special assessment in the manner provided by law. l~ I ~~ - ~ Dated: 0(.,1 ity Administrator 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 108-04 RESOLUTION CALLING FORA PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1-4 THEREIN AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") for the City of Andover, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on August 17, 2004, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Development Program for Development District No.1 (the "Development Program Modification), the proposed establishment of Tax Increment Financing District No. 1-4 ("TIF District No. 1-4), a redevelopment district, and the proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") therefor (the Development Program Modification and the TIF Plan are referred to collectively herein as the "Program Modification and TIF Plan"), all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, inclusive, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing. Filing of Program Modification and TIF Plan. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Program Modification and the TIF Plan for TIF District No. 1-4 and to forward documents to the appropriate taxing jurisdictions including Anoka County and Independent School District No. 11. The City Administrator is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to Augnst 17, 2004, and to place a copy of the Program Modification and TIF Plan on file in the City Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: July 6, 2004 Adopted: ATTEST: ~ (),4 Victoria Volk, City Clerk CITY OF ANDOVER , COUNTY OF ANOKA STATE OF.MINNESOTA RES. NO R107-04 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WHISPERING ACRE" FOR TOM BLOMBERG ON PROPERTY LOCATED IN SECTION 36, TOWNSHJP 32 RANGE 24 (PID 36-32- 24-22-0003) LEGALLY DESCRIBED AS: The North 218 feet of the West 249.72 feet of the North 10 Acres of that part of Government Lot 1, Section 36, Township 32, Range 24, lying West of Prairie Road, EXCEPT Road, subject to easement of record. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: 1. Contingent upon the City Council approval of rezoning from R-l Single Family Rural Residential to R-4 Single Family Urban Residential. 2. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 3. The developer petition for city sewer and water. 4. Park dedication and trail fees for three lots shall be paid in compliance with the City Code at the rate in effect at the time the plat is approved by the City Council. 5. Contingent upon staff review and approval for compliance with City Code, policies and guidelines. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 6th day of July, 2004. CITY OF ANDOVER ATTEST: /Ltr~ Il.tb Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 106-04 A RESOLUTION ACCEPTING DONA nONS TO THE ANDOVER COMMUNITY CENTER, ANDOVER FAMILY FUN FEST AND SAFETY CAMP. WHEREAS, any donations made must be accepted by the City Council; and WHEREAS, the Andover Lions Club has presented to the city a check in the amount of $2,500.00 for the Community Center, a check in the amount of $5,500.00 to the Andover Family Fun Fest and a check in the amount of $1 ,000.00 to the Annual Safety Camp. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donations from the Andover Lions Club. Adopted by the Andover City Council this ~day of Julv . 2004. CITY OF ANDOVER Attest: ~~~~ M' ael R. GamacH - ayor eLL 04 Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 105-04 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR JOHN AND JUDITH MCKELVEY TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 2043 158TH AVE NW (15-32-24-34-0015) LEGALLY AND DESCRIBED AS: Lot 1 and 2, Block 1 Nightingale Preserve, Anoka County, Minnesota To be divided into properties to be described as; Lot 1, Block 1, Nightingale Preserve, Anoka County, Minnesota Lot 2, Block I, Nightingale Preserve, Anoka County, Minnesota WHEREAS, John and Judith McKelvey have requested approval of a lot split to subdivide property pursuant to City Code Title 13 Chapter 1, located at 2043 158th Ave. NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code Title 13 Chapter 1 and the previously approved Nightingale Preserve plat. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation ofthe Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. The lots conform to the plat for Nightingale Preserve, Block 1, Lot, 1 and Lot 2. 2. The lot split shall be recorded with Anoka County by the applicant. 3. That the lot split be subject to a sunset clause as defined in City Code Title 13, Chapter 1. Adopted by the City Council of the City of Andover on this 6th day of July 2004. CITY OF ANDOVER ~R<4~ ~ ATTEST: MIchael R. Gamache, Mayor fl:;;-~) tJ.L/; Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 104 -04 A RESOLUTION APPROVING THE FINAL PLAT OF "WOODLAND ESTATES SIXTH ADDITION" FOR WOODLAND DEVELOPMENT ON PROPERTY LOCATED IN SECTION 21, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: The southeast quarter of the northeast quarter of Section 21, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Woodland Estates 6th Addition"; and WHEREAS, the Developer has presented the final plat of Woodland Estates 6th Addition; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Woodland Estates 6th Addition contingent upon the following: 1. The Final Plat shall conform to the drawing stamped received by the City of Andover on June 16,2004, except that the street named "153th Lane NW" shall be changed to "153rd Lane NW". 2. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 3. Park dedication and trail fees shall be paid for each unit based on the rate in effect at the time of preliminary plat approval. 4. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this G..:t..b.- day of .1111 y, 2004. CITY OF ANDOVER ATTEST: r,{ IL~ tJ...a .,?PI Victoria V olk, City Clerk -2..- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 103-04 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 04-22 ,FOR CROSSTOWN BOULEVARD NW & HANSON BOULEVARD NW IMPROVEMENTS RELATED TO THE COMMUNITY CENTER WHEREAS, pursuant to Resolution No. 082-04 , adopted by the City Council on the 20tli day of April ,2004, the firm of RLK-Kuusisto has prepared final plans and specifications for Project 04-22 for Crosstown Boulevard NW & Hanson Boulevard NW Imorovements Related To The Community Center WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of July , 2004 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 9:00 a.m. , July 30 , 2004 at the Andover City Hall. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 6th day of July , 2004 , with Council members Trude. Kniaht. Ortlel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~~Yor ~()a Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 102-04 A RESOLUTION REQUESTING A SPEED STUDY ALONG NIGHTINGALE STREET NW BETWEEN CROSSTOWN BOULEVARD NW AND 161sT AVENUE NW LOCATED IN SECTIONS 15 & 22 , TOWNSHIP 32, RANGE 24 IN THE CITY OF ANDOVER. WHEREAS, the Minnesota Department of Transportation is requested to do a speed study, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby request a study with MnDOT along NiahtinQale Street NW between Crosstown Boulevard NW and 161st Avenue NW. Adopted by the City Council of the City of Andover this 6th day of July, 2004. CITY OF ANDOVER ATTEST: ~ R~.,., .~ Michael R. Gamache - Mayor ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. 101-04 A RESOLUTION GRANTING A V ACA TION OF EASEMENT TO V ACA TE THE ROADWAY EASEMENT LOCATED ALONG THE SOUTH SEVENTEEN FEET OF PROPERTY LOCATED ON 1 40th LANE, NW (PID 36-32-24-22-0003) LEGALLY DESCRIBED AS: That part of the Southwest Quarter of the Southeast Quarter of Section 1, Township 32, Range 24, Anoka County, Minnesota, described as follows: The west 100-feet of the south 17-feet of the north 185 feet of Government Lot 1, Section 36, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, Tom Blomberg has requested to vacate a seventeen foot wide roadway easement located along the south property line of property located at (PID 36-32-24-22-0003), and: WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, morals and general welfare ofthe City of Andover, and; WHEREAS, a public hearing was held and there was no opposition to the request. 1. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the roadway easement as described in this resolution. Adopted by the City Council of the City of Andover on this 15th day of June 2004. CITY OF ANDOVER ATTEST: ichael R. Gamache, Mayor fl~~ OJ'~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RIOO-04 A RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR ON SALE LIQUOR AT 13633 MARTIN STREET NW LEGAL Y DESCRIBED AS; Lot 12, Block 1 Andover Station II, Anoka County, Minnesota WHEREAS, Daniel Dahlin has requested approval of a conditional use permit for on sale liquor on the subject property, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12-15-6 Conditional uses, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the conditional use permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves for on sale liquor on the subject property subject to the following: 1. The applicant shall be required to obtain an on-sale liquor license from the City Council. 2. The applicant shall complete the Commercial Site Plan process with the City of Andover. 3. The conditional use permit shall be subject to a sunset clause as defined in City Code 12-15-6. Adopted by the City Council of the City of Andover on this 15th day of June, 2004. CITY OF ANDOVER ATTEST: lchael R. Gamache, Mayor {l,;L.-I IJ~L-- Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 099-04 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR DENNIS AND MARYANN ANDERSON TO CREATE TWO NEW RESIDENTIAL PROPERTIES FROM PROPERTY LOCATED AT 15952 MAKAH STREET NW, LEGALLY DESCRIBED AS FOLLOWS: EXISTING LEGAL DESCRIPTION: Tract X, Registered Land Survey No. 72, Anoka County, Miunesota. THE NEW LOT DESCRIPTIONS WILL BE AS FOLLOWS: PARCEL A: That part of the Northeast Quarter of the Southwest Quarter of Section 18, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at the southwest comer of said Northeast Quarter of the Southwest Quarter; thence on an assumed bearing East along the South line of said Northeast Quarter of the Southwest Quarter a distance of245.27 feet; thence North 02 degrees 45 minutes 00 seconds West a distance of 163.42 feet; thence Northeasterly a distance of 192.75 feet along a tangential curve to the right having a radius of 602.19 feet, a central angle of 18 degrees, 20 minutes, 20 seconds, and the chord of said curve is 191.92 feet in length and bears North 06 degrees 24 minutes 30 seconds East; thence North 48 degrees 36 minutes 49 seconds West 341.07 feet to the west line of said Northeast Quarter of Southwest Quarter; thence South 00 degrees 17 minutes 33 seconds West along the said west line 579.46 feet to the point of beginning. 2.6 acres. Subject to a permanent right of way easement to Anoka Electric Cooperative the Westerly 20 feet of the above described parcel. And subject to easement for road purposes over the easterly 33 feet thereof. And subject to easement for Town Road on the south. PARCEL B: That part of the Northeast Quarter ofthe Southwest Quarter of Section 18, Township 32, Range 24, Anoka County, Minnesota, described as follows: COllffilencing at the southwest comer of said Northeast Quarter of the Southwest Quarter; thence on an assumed bearing East along the South line of said Northeast Quarter of the Southwest Quarter a distance of 245.27 feet; thence North 02 degrees 45 minutes 00 seconds West a distance of 163.42 feet; thence Northeasterly a distance of 192.75 feet along a tangential curve to the right having a radius of 602.19 feet, a central angle of 18 degrees 20 minutes 20 seconds and the chord of said curve is 191.92 feet in length and bears North 06 degrees 24 minutes 30 seconds East to a point of beginning; thence thence North 48 degrees 36 minutes 49 seconds West 341.07 feet to the west line of said Northeast Quarter of the Southwest Quarter; thence North 00 degrees 17 minutes 33 seconds East along the said west line 355.54 feet; thence South 48 degrees 12 minutes 00 seconds 514.77 feet to the center line ofMakah Street; thence southwesterly a distance of 273.30 feet along a non-tangential curve, radius 602.19, a central angle of26 degrees 00 minutes 12 seconds and the chord of said curve is 270.96 feet in length and chord bears South 28 degrees 35 minutes 28 seconds West to the point of beginning. 2.5 acres. Subject to a permanent right of way easement to Anoka Electric Cooperative the Westerly 20 feet of the above described parcel. And subject to easement for road purposes over the easterly 33 feet thereof. WHEREAS, the City of Andover has requested approval of a lot split to subdivide property pursuant to Chapter 13 -1, and WHEREAS, the applicant will provide a legal description and survey of a ten-foot drainage and utility easement along the side and rear lot lines of the new property; and WHEREAS, the applicant will pay the Park Dedication and Trail Fee for one new lot per Chapter 1-7-3 of the Andover City Code; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Chapter 12-3-4 and 13-1-3; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety. morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. The applicant is required to dedicate a ten-foot drainage and utility easement around the perimeter of the new property. 2. Payment of park dedication and trail fee based on the fee ordinance in effect at the time of Council Approval for one new lot. 3. The lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this _ day of June, 2004. CITY OF ANDOVER ATTEST: lchael R. Gamache, Mayor ~a~ Victoria V olk, City Clerk COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. R098-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION TO PARTICIPATE IN A HAZARDOUS MITIGATION PROCESS WITH ANOKA COUNY AND OTHER COMMUNITY EMERGENCY PLANNERS. WHEREAS, the County of Anoka is participating in a hazard mitigation planning process as established under the Hazard Mitigation Act of2000; and WHEREAS, the Act establishes a framework for the development of a county hazard mitigation plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the plan must include a risk assessment including past hazards, hazards that threaten the county, maps of the hazards, an estimate of structures at risk, estimate of potential dollar losses for each hazard, a general description ofland uses and development trends; and WHEREAS, the plan must include a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the plan must include a maintenance or implementation process including plan updates, integration of plan into other planning documents and how the county will maintain public participation and coordination, and WHEREAS, the draft plan will be shared with Minnesota Planning for coordination of state agency review and comment on the draft; and -~---- WHEREAS, approval of the all hazard mitigation plan will make the county eligible to receive Hazard Mitigation Grant Program (HMGP) project grants, and WHEREAS, this resolution does not preclude the City of Andover from preparing its own plan sometime in the future should it desire to do so. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover supports the county hazard mitigation planning effort, wishes to join with the county in preparing the plan and recognizes that the plan will apply within the City of Andover. MOTION seconded by Councilmember Trude and adopted by the City Council at the regular meeting this 15th day of June .2004, with Councilmembers_ Knight. Orttel. Gamache. Trude. Jacobson voting in favor of the resolution and Councilmembers none voting against, whereupon said resolution was passed. Attest: H= /.P ~~ ,", i1~., Ova- Michael R. Gamache - Mayor Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R096-04 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF DEER OAKS ON PROPERTY LOCATED IN SECTION 8, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: The Southeast Quarter of the Northeast Quarter of Section 8, Township 32, Range 24, EXCEPT the North 330 feet of the East 660 feet thereof (as measured along the East and North lines thereof) Also EXCEPT that part platted as PRAIRIE MEADOWS; Also EXCEPT Road; Subject to Easement of Record. AND That part of the Southeast Quarter of the Northeast Quarter Section 8, Township 32, Range 24 Described as follows: Beginning at the Northeast comer thereof and continuing West along North line thereof for 660 feet; thence South and parallel with the East line of the Southeast Quarter of Northeast Quarter a distance of 330 feet; thence East and parallel to the North line thereof to part of the intersection with the East line thereof; thence North Along the East line of said Southeast Quarter ofthe Northeast Quarter to Point of Beginning; Subject to Road Easement over easterly portion thereof. WHEREAS, the Andover Review Committee has reviewed the preliminary plat, and; WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, the applicant has requested variances to City Code 12-3-4 to allow Lot I,Block 2 to be below the minimum lot size requirement of2.5 acres and to allow Lots 1,2 and 3 of Block 2 to be below the minimum lot width requirement of 300 feet, and; WHEREAS, the findings for the proposed variances are that the applicants have demonstrated that each lot can meet the required minimum lot size. However, the City is requesting a street connection to the property to the north. This street connection reduces the developable area of the subject property and prevents the proposal from meeting these requirements, and; WHEREAS, the applicant has requested variances to City Code 11-3-3G. to allow a street terminating in a cul-de-sac to exceed 500 feet in length, and; WHEREAS, the finding for the proposed variance is that strict enforcement of the ordinance would prevent a street connection to the north and the potential to eliminate the cul-de-sac in the future, and would leave approximately half of the property as undevelopable as well as limit the development potential of property to the north, and; WHEREAS, as a result of such public hearing, the Planning Commission recommended to the City Council the denial of the plat, and; WHEREAS, the applicant has revised the preliminary plat to address the concerns of the Planning Commission, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the preliminary plat with variances to City Code 12-3-4 and City Code 11-3-3G. subject to the following conditions: 1. The Preliminary Plat shall be contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 2. The developer obtains all necessary permits from the Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Lower Rum River Watershed Management organization, Anoka County Highway Department, Minnesota Pollution Control Agency, LGU, and any other agency that may have an interest in the site. 3. Park dedication and trail fees shall be collected for five units based on the rate in effect at the time of preliminary plat approval. 4. A separate document shall be provided for a temporary cul-de-sac easement. 5. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 15th day of June, 2004. CITY OF ANDOVER ATTEST: ~~~~r ~ Ot4 Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R097-04 A RESOLUTION AMENDING THE PRELIMINARY PLAT OF "SOPHIE'S MANOR" FOR EMMERICH DEVELOPMENT CORPORATION ON PROPERTY LOCATED AT 1021 AND 1155 CROSSTOWN BOULEVARD NW (P.I.D. 23-32-24-12-0001 AND 0002) LEGALLY DESCRIBED AS: That part of the Northwest Quarter of the Northeast Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota, except the Burlington Northern Railroad, lying north of Crosstown Boulevard NW. AND That part of the Southwest Quarter ofthe Northeast Quarter of Section 23, Township 32 Range 24, Anoka County, Minnesota lying North of Crosstown Boulevard NW WHEREAS, the Andover Review Committee has reviewed the amended preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, the applicant has requested a variance to City Code 11-3-2C. to allow lots to front on a collector street, and; WHEREAS, the City Council finds that the special circumstances for the proposed variance are the City's transportation plan proposes a collector route through the subject property, and; WHEREAS, the existence of wetlands, surrounding development and a rail line which preclude any collector roadway design that conforms with City Code 11-3-2C., and; WHEREAS, Vale Street NW will not carry enough traffic to be designated a state aid route unlike most other collector streets in Andover, and; WHEREAS, as a result of such public hearing, the Planning and Commission recommends to the City Council approval of the amended plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the preliminary plat with the following conditions: 1. The preliminary plat shall be revised as follows: a. As required by the Coon Creek Watershed Management Organization prior to final plat approval. b. The plat shall be adjusted to allow Lot 1, Block 1 to meet the minimum lot depth requirement of 13 0 feet. c. A block number shall be provided for the area of the plat on property currently addressed as 1155 Crosstown Boulevard d. The tree protection plan shall extend the tree save area along Crosstown Boulevard adjacent to Lots 1 and 2 on property currently addressed 1155 Crosstown Boulevard. e. The plat shall provide 66 feet of right of way for Xeon Street NW at the intersection with Crosstown Boulevard. The 66 foot wide right-of-way shall be extended north of the intersection to the north property line of proposed Lot 5. f. The area between the proposed right-of-way for Xeon Street NW and proposed Lots 1 and 2 shall be incorporated into Lots 1 and 2 to allow direct access to Xeon Street NW for these lots. g. The required 40 foot setback from Crosstown Boulevard shall be shown on the preliminary plat. h. The existing structures and well on property currently addressed as 1155 Crosstown Boulevard shall be labeled 'to be removed' on the preliminary plat.. i. A drainage and utility easement shall be provided at the 100 year flood elevation of Pond #6. J. The preliminary plat shall otherwise conform to the plat drawing stamped received by the City of Andover May 12, 2004. 2. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 3. Park dedication and trail fees shall be paid on a per lot basis at the rate in effect at the time of preliminary plat approval. 4. A variance to City Code 11-3-2C. is granted to allow lots to front on a collector street. 5. The developer shall be required to pay $10,635 which has been determined to be a proportionate share of the improvements required by the Anoka County Highway Department for the permanent street intersection where Xeon Street NW meets Crosstown Boulevard. This amount is in addition to the payment taken as a part of the original Sophie's Manor Preliminary Plat. 8. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 9. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. 10. All conditions of Resolution R079-04 shall remain in effect except that the lot depth variance for Lot 1, Block 1 shall be eliminated as a part of the amended plat. Adopted by the City Council ofthe City of Andover this 15th day of June, 2004. CITY OF ANDOVER ATTEST: {LT~ ()/~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 095-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-L, TO PROJECT NO. 02-46, FIRE STATION #3. WHEREAS, the City of Andover has a contract for Project No. 02-46 with Rochon Corporation of Plymouth. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 02-46. Adopted by the City Council of the City of Andover this 15th day of June ,2004. CITY OF ANDOVER -- ATTEST: >1i:-'/ ' ~ (),~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 094-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 02-46. FIRE STATION #3. WHEREAS, the City of Andover has a contract for Project No. 02-46 with Rochon Corporation of Plymouth. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 02-46. Adopted by the City Council of the City of Andover this 15th day of June ,2004. CITY OF ANDOVER ATTEST: '--7~dL ~hael R. Gamache - Mayor ~ !/Lb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R093-D4 A RESOLUTION AMENDING RESOLUTION 120-02 A RESOLUTION AMENDING RESOLUTIONS NO. 038.95, 189-92,243-99 AND 083-01 AUTHORIZING CERTAlN EMPLOYEES TO SELL, ASSIGN, TRANSFER AND/OR DELIVER FUNDS. WHEREAS, the City Council of the City of Andover has previously adopted resolution No. 120-02 authorizing John Erar, Administrator, James Dickinson, Finance Director and Lee Brezinka, Assistant Finance Director to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this City; and WHEREAS, John Erar has resigned as City Administrator effective April 30, 2004: and WHEREAS, the City of Andover desires to have Vicki V olk, City Clerk, authorized to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby revise the authority to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this city to James Dickinson, Finance Director, Lee Brezinka, Assistant Finance Director and Vicki Volk, City Clerk. Adopted by the City Council of the City of Andover this 15th day of June 2004. CITY OF ANDOVER Attest: M~~~e4'P' .~ 1 ae amac ayor IUJ~ ()4, Victoria V olk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION R092-04 MOTION by Councilmember Knight to adopt the following: A RESOLUTION TO APPROVE AN AUTOMATIC FIRE DEPARTMENT MUTUAL AID RESPONSE AGREEMENT WITH THE CITY OF HAM LAKE, THE CITY OF OAK GROVE AND THE CITY OF RAMSEY, FOR A KNOW STRUCTURE FIRE BETWEEN THE HOURS OF 5:00 A.M. AND 5:00 P.M. MONDAY THRU FRIDAY. WHEREAS, the City of Andover, City ofHanl Lake, City of Oak Grove and the City of Ramsey fire departments are all members of the North Suburban Regional Mutual Aid Association; and WHEREAS, the tenus, conditions, and definitions for responding to an automatic mutual aid fire incident as outlined in this resolution, shall be the same as those in the North Suburban Regional Mutual Aid Association agreement; and WHEREAS, the Andover, Ham Lake, Oak Grove and Ramsey fire departments realize the lowest number of available members to respond to fire incidents during the daytime hours; and WHEREAS, the Insurance Services Office (I.S.O.), will ackriowledge this automatic mutual aid agreement and may grant additional points for improving the fire protection ratings for each municipality involved; and WHEREAS, this agreement will also assist to reduce the response times for all additional firefighters and appropriate fire equipment needed to safely perform fire suppression activities; and NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Andover. to hereby order signing an automatic mutual aid fire agreement with the City of Ham Lake, City of Oak Grove and the City of Ramsey. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 18th day of May , 2004, with Councilmembers Gamache, Jacobson, Knight, Trude,Ortte\1oting in favor of the resolution and Councilmembers Vnn~ voting against, whereupon said resolution was passed. CITY OF ANDOVER Attest: d~ jJ~ Victoria V olk - City Clerk -3-- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CERTAIN CONTRACTS ADVERTISED FOR PROJECT NO. 02-27 FOR BID CATEGORIES 7A. 9A. 3A & 4A, listed within this resolution. WHEREAS, pursuant to advertisement for bids, bids were received, opened and tabulated according to law with results as follows: Bid Cateaory 7 A Metal Wall Panels Specialty Systems $348,932.00 Bid Cateaory 9A Plaster & Gvpsum Board Svstems Commercial Drywall $645,000.00 Custom Drywall $648,969.00 Minute Ogle $517.800.00 Olympic Wall Systems $417,000.00 Quality Drywall $592,700.00 RTL Construction $641,336.00 Bid Category 3A Building Cast-In-Place Concrete & Bid Cateaory 4A Unit Masonry Crosstown Masonry, Inc. $2,207,000.00 WHEREAS, the City Council has received bids and desires in accordance with state law to award contracts to the lowest qualified bidder in the aforementioned bid categories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the recommended low bids as shown from the apparent low bidder in bid categories 7 A. 9A. 3A. 4A. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Construction Manager to negotiate change orders in the awarded bid categories as previously recommended through value engineering and such change orders be brought forward for approval as soon as practicable. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with the low bidder hereto described for awarding a contract for the improvements related to the aforementioned bid categories; and direct the City Clerk to return all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Knioht and adopted by the City Council at a reaular meeting this 18th day of May , 2004, with Councilmembers Jacobson, Kniaht, Ortlel, Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: .--:2- ~ ()d!L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 090-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE RE-ASSESSMENT OF PROJECT 93-30. BUNKER LAKE BOULEVARD SERVICE ROAD FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the re-assessment of Proiect 93-30. Bunker Lake Boulevard Service Road. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2005 and shall bear interest at the rate of 7 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2004 To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded be Councilmember Trude and adopted by the City Council at a reoular meeting this 18th day of May , 2004, with Councilmembers Trude. Gamache. Ortlel. Jacobson. Kniaht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ---:::#:,. ~ K ~!J4 Ichael R. Gamache - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 089-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 04-27, EMERGENCY VEHICLE PREEMPTION (EVP)/L1GHT EMITTING DIODES (LED'S) FOR TRAFFIC SIGNALS FOR THE FOLLOWING LOCATION: 135TH AVENUE NW & 1361H AVENUE NW ON ROUND LAKE BOULEVARD NW. WHEREAS, the City Council is cognizant of the need for the EVP/LED'S; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of EVP/LED'S for Traffic Sianals , Project 04-27; and BE IT FURTHER RESOLVED by the City Council to hereby direct SEH to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Knioht and adopted by the City Council at a reoular meeting this 18th day of May , 2004 , with Council members Jacobson. Knioht. Ortlel. Gamache. Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~a/L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 088A-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING QUOTES FOR PROJECT NO. 02-46 ,FIRE STATION #3. WHEREAS, pursuant to Resolution No. 0 -04, adopted by the City Council on the 18th day of May , 2004, the City Enaineer has prepared final plans and specifications for Project 02-46 for Fire Station #3. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of May , 2004 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Engineer to obtain quotes as required by law, with such quotes to be opened on June 8 ,2004 at the Andover City Hall. MOTION seconded by Council member Kniaht and adopted by the City Council at a reaular meeting this 18th day of May , 2004 , with Council members Jacobson. Kniaht. Ortlel. Gamache. Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /L~ vb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 088-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECT NO. 02-46 FOR UTILITY EXTENSION/SS & WM IN THE FOLLOWING AREA: FIRE STATION #3. WHEREAS, the City Council is cognizant of the need for the improvements; and WHEREAS. the City Council ordered the improvement of Project No. 02-46, Fire Station #3; and NOW, THEREFORE BE IT RESOLVED by the City Council to hereby direct the City Enaineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 18th day of May ,2004, with Council members Jacobson, Kniqht. Ortlel. Gamache. Trude voting in favor of the resolution, and Councilmembers none - voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: -~K~C: Michael R. Gamache - Mayor d;;t-~ rJ,,,tL. Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 087-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 04-9 , CROSSTOWN MEADOWS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 058-04 , dated April 6, 2004, bids were received, opened and tabulated according to law with results as follows: Inland Utility Const. $125,318.60 Volk Sewer & Water $133,897.34 Ro-So Contracting $135,949.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Inland Utility Construction. Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Inland Utility Construction. Inc in the amount of $125.318.60 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniaht and adopted by the City Council at a reqular meeting this 18th day of May , 2004 , with Council members Jacobson. Kniqht. Ortlel. Gamache. Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~#~~ chael R. Gamache - Mayor tl~(/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 086-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS OF TRAIL CONSTRUCTION, PROJECT NO. 04-20, CROSSTOWN BOULEVARD NW (EAST SIDE) BETWEEN 142ND AVENUE NW & ANDOVER BOULEVARD NW. WHEREAS, the City Council is cognizant of the need for the trail improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Crosstown Boulevard NW (East Side) Between 142nd Avenue NW & Andover Boulevard NW , Project 04-20; and BE IT FURTHER RESOLVED by the City Council to hereby direct the--.9!Y.. Enoineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reoular meeting this 18th day of May , 2004 , with Councilmembers Jacobson. Knioht. Ortlel. Gamache. Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ --t::: (L;t;~ ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R085-04 A RESOLUTION AUTHORIZING ADMINISTRATIVE REVIEW OF BUILDING PERMITS IN PLANNED UNIT DEVELOPMENTS WHEREAS, homeowners associations have contacted the City with requests to construct typical home improvement projects such as decks and porches, and; WHEREAS, such decks and porches may encroach onto property owned by the homeowners association, and; WHEREAS, the City Council has determined that such improvements are desirable, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby declares that home improvements such as decks and porches may be allowed through administrative review of building permit applications subject to the following; 1. Receipt of written authorization from the homeowners association permitting a proposed home improvement project. 2. All decks and porches shall match the architectural design and materials of the approved planned unit development. 3. All decks and porches shall meet International Building Code requirements. 4. No decks and porches shall encroach into approved front yard building setbacks, building setbacks between structures and building setbacks from the perimeter of the development. 5. No decks and porches shall encroach into drainage and utility easements, wetlands or areas designated for storm water drainage. Adopted by the City Council of the City of Andover on this 4th day May, 2004. ATTEST CITY OF ANDOVER {L;t;~ !J& r;/~ Victoria Volk, City Clerk Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084-04 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CERTAIN CONTRACTS ADVERTISED WITHIN BID PACKAGE #3 FOR PROJECT NO. 02-27 FOR BID CATEGORIES 6C. 8B. 10C. llC.12B. and 14A; AWARD BID ALTERNATES 3 and 4; AND REJECT BID AL TERNA TES 2 and 5 as listed within this resolution. WHEREAS, pursuant to advertisement for bids, bids were received, opened and tabulated according to law with results as follows: Bid Catel!orv 6C Interior Architectural Woodwork Heebink $101,000 Bid Catel!orv 8B Overhead Doors Twin City Garage Door $44.030 Bid Catcl!orv 10C Operable Panel Doors Acoustics Associates $7.800 Bid Catcl!orv HC Dasher Boards Rink Systems $99.950 Bid Catel!orv 12B Telcscopinl! Stands Haldemann-Hornme $22,426 Bid Catel!orv 14A Hvdraulic Elevators Otis Elevator $46,360 WHEREAS, Bid Alternates were received and the Council desires in accordance with state law and upon recommendation by the project Construction Manager to award Bid Alternate 3 - Provide Heat Recovery Loop at Roof Top Unit 2 Bid Alternate 4 - Provide Heat Recovery Loop at Roof Top Unit 3 WHEREAS, the Construction Manager has recommended rejection of the following bid alternatives as exceeding project budget estimates; Bid Alternate 2 - Provide Cooling in Field House RTU 4 and 6 Bid Alternate 5 - Provide Infrared Heating System at Ice Arena Stands WHEREAS, the City Council has received bids and desires in accordance with state law to award contracts to the lowest qualified bidder in the aforementioned bid categories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the recommended low bids as shown from the qualified low bidder in bid categories 6C, 8B, 10C, llC, 128, and 14A. BE IT FURTHER RESOLVED that the City Council awards Bid Alternates 3 and 4, and rejects Bid Alternates 2 and 5 as recommended by the Construction Manager. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Construction Manager to negotiate change orders in the awarded bid categories as may be recommended through value engineering and such change orders be brought forward for approval as soon as practicable. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with the low bidder hereto described for awarding a contract for the improvements related to the aforementioned bid categories and bid alternates; and direct the City Clerk to return all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Trude and adopted by the City Council at a Reaular meeting this 4th day of May , 20 04, with Councilmembers Gamache, Jacobson, Ortlel. Kniaht. Trude voting in favor of the resolution, and Councilmembers None against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~'~~ {).;t-~ {J~ ichael R. Gamache - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 083-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 04-2 FOR 2004 OVERLAYS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 059-04 ,dated April 6, 2004, bids were received, opened and tabulated according to law with results as follows: Base Bid All. #1 All. #2 All. #3 Total Contractor Amount Amount Amount Amount Amount Bauerly Companies $602,322.39 $98,381.90 $67,584.30 $21,667.00 $789,955.59 Universal Enterprises $712,064.82 $109,718.66 $72,304.18 $22,437.50 $916.525.16 North Valley $733,186.95 $114,943.00 $70,917.50 $26,822.50 $945,869.95 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bauerly Companies as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with BauerlY Companies in the amount of $ 789,955.59 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Trude and adopted by the City Council at a reQular meeting this 4th day of May , 2004 , with Council members Jacobson. Trude, Ortlel, Kniaht. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ Ichael R. Gamache - Mayor ~{}4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 082-04 MOTION by Councilmember Ortlel to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT FOR PROJECT NO. 04-22 FOR CROSSTOWN BOULEVARD NW & HANSON BOULEVARD NW IMPROVEMENTS RELATED TO THE COMMUNITY CENTER . WHEREAS, the City Council is cognizant of the need for the improvement; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Crosstown Boulevard NW & Hanson Boulevard NW Improvements Related to the Community Center , Project 04-22; and BE IT FURTHER RESOLVED by the City Council to hereby direct RLK-Kuusisto to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 20th day of April , 2004 , with Councilmembers Jacobson. Trude. Ortlel, Gamache. Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ache - Mayor {~ ()L,& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 081-04 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 04-5 FOR SUNSHINE PARK BALL FIELD LIGHTING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 049-04 ,dated March 16, 2004, bids were received, opened and tabulated according to law with results as follows: Contractor Bid Amount Alternate #1 Alternate #2 Vinco, Inc. $248,942.65 $11,346.55 $ 3,485.84 Collins Electric Systems $253,972.00 $22,393.00 $11,273.00 Klein Electric $267,700.00 $13,000.00 $ 4,500.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Vinco, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Vinco. Inc. in the amount of $ 260.289.20 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Jacobson and adopted by the City Council at a reaular meeting this 20th day of April , 2004 , with Council members Jacobson. Trude. Ortlel. Gamache. Kniaht voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ rJffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R080-04 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO EXPAND THE METROPOLITAN URBAN SERVICE BOUNDARY TO INCLUDE PROPERTY LOCATED AT 1177, 1341 and 1433 161 ST AVENUE NW (P.I.D. 14-32-24-23-0002, 14-32-24-24-0002, 14-32-24-0003, 14-32-24- 23-0009, 14-32-23-0008, LEGALLY DESCRIBED ON ATTACHMENT A WHEREAS, five properties have petitioned the City of Andover to extend municipal sewer and water to the above referenced property, and; WHEREAS, the subject properties have petitioned the City of Andover to change the land use classification from Rural Reserve to Urban Residential, and; WHEREAS, the subject properties have petitioned the City of Andover to be added to the 2000-2005 stage of sewer expansion, and; WHEREAS, The 2020 Metropolitan Urban Service Boundary (MUSA) does not include the subject property, and; WHEREAS, analysis ofthe City's sanitary sewer trunk system is being undertaken to determine what capacity exists to serve the subject properties, and; WHEREAS, a public hearing was held by the Planning Commission pursuant to state statutes, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding land, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby amends the Comprehensive Plan to extend the Municipal Urban Service Area (MUSA) to include the subject properties, to change the land use classification from Rural Reserve to Urban Residential and to add the subject properties to the 2000-2005 stage of sewer expansion, subject to the following: 1. The Emmerich property (P.I.D. 14-32-24-24-0002, 14-32-24-24-0003, 14-32-24- 23-0009) shall be allowed access to municipal utilities. 2. The Swisher property (p.I.D. 14-32-23-23-0008) shall be allowed access to municipal utilities. 3. The Davis property (P.I.D. 14-32-24-23-0002) shall be allowed access to municipal utilities. 4. The Olmscheid property (P.I.D. 14-32-24-23-0004) shall be allowed access to municipal utilities. 5. The Rischer property (P.I.D. 14-32-24-23-0006) shall be allowed access to municipal utilities. 6. The subject properties shall be added to the 2000-2005 stage of sewer expansion on the City's Sewer Expansion Plan. 7. Subject to review and approval by the Metropolitan Council. Adopted by the City Council of the City of Andover on this 20th day of April, 2004. . CITY OF ANDOVER AT~ Vb I - . a Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R079-04 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "SOPHIE'S MANOR" FOR EMMERICH DEVELOPMENT CORPORATION ON PROPERTY LOCATED AT 1021 CROSSTOWN BOULEVARD NW (P.I.D. 23-32-24-12-0001) LEGALLY DESCRIBED AS: That part of the Northwest Quarter of the Northeast Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota, except the Burlington Northern Railroad, lying north of Crosstown Boulevard NW. AND That part of the Southwest Quarter of the Northeast Quarter of Section 23, Township 32 Range 24, Anoka County, Minnesota lying North of Crosstown Boulevard NW except the West 250.00 feet of Said Southwest Quarter of the Northeast Quarter. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat; and WHEREAS, the applicant has requested a variance to City Code 11-3-2 to allow lots to front on a collector street, and; WHEREAS, the City Council finds that the special circumstances for the proposed variance are The City's transportation plan proposes a collector route through the subject property, and; WHEREAS, the existence of wetlands, surrounding development and a rail line which preclude any collector roadway design that conforms with City Code 11-3-2, and; WHEREAS, Vale Street NW will not carry enough traffic to be designated a state aid route unlike most other collector streets in Andover, and; WHEREAS, the applicant has requested a variance to City Code 11-3-6 and City Code 12-3-4 to allow Lot 1, Block 1 to be a butt lot that is below the 130 foot minimum lot depth requirement, and; WHEREAS, the City Council finds the special circumstances for the proposed variance are the location of existing 155th Avenue NW and the south property line of the subject property. WHEREAS, as a result of such public hearing, the Planning and Commission recommended to the City Council the denial of the plat due to the fact that access was not provided to Crosstown Boulevard as a part of the plat, and; WHEREAS, the City Council has determined that an access to Crosstown Boulevard will be provided in the future and has assigned financial responsibility to ensure construction of the access will be proportionate to the size of the new residential development, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the preliminary plat with the following conditions: 1. The preliminary plat shall be revised as follows: a. As required by the Coon Creek Watershed Management Organization prior to final plat approval. b. Outlot A shall be eliminated by being combined with the adjacent residential property. c. Wintergreen Street NW shall be changed to be named Xeon Street NW. d. A temporary access shall be provided through Outlot B at the developer's expense. e. The preliminary plat shall otherwise conform to the plat drawing stamped received by the City of Andover February 11,2004. 2. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 3. Park dedication and trail fees shall be paid on a per lot basis at the rate in effect at the time of preliminary plat approval. 4. A variance to City Code 11-3-2 is granted to allow lots to front on a collector street. 5. A variance to City Code 12-3-4 and City Code'II-3-6 to allow Lot 1, Block 1 to be a butt lot that is below the 130 foot minimum lot depth requirement. 6. The developer shall be required to pay to pay $81, 537 which has been determined to be a proportionate share of the improvements required by the Anoka County Highway Department for the permanent street intersection where Xeon Street NW meets Crosstown Boulevard. 7. The Intersection of Avocet Street NW and Crosstown Boulevard shall be posted during construction to direct construction vehicles to the temporary access. 8. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 9. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 20th day of April, 2004. CITY OF ANDOVER AYTztT: :Z ~:v tJ/b Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION R078-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION REJECTING BID CATEGORIES 3A. 4A. 8E. lOB AND llA FOR PROJECT NO. 02-27, AUTHORIZING THE RE-BIDDING OF BID CATEGORIES 2B, 3A, 4A AND IlA AND AUTHORIZING THE SOLICITATION OF QUOTES FOR BID CATEGORIES 10 B, 12A, AND 13A FOR PROJECT NO. 02-27. WHEREAS, bids were received and opened for the following bid categories: Bid CategOlY 3A, Building Cast-In-Place Concrete Bid Category 4A, Unit Masonry Bid Category 8E, Metal Skylights Bid Category lOB, Signage Bid Category llA, Food Service Equipment WHEREAS, the City Council has reviewed the bids and has determined that in accordance with state law the city reserves the right to reject any and all bids for the award of any public project; and WHEREAS, the city's Construction Manager has reco=ended that bids submitted for bid categories 8E Metal Skylights, lOB Signage, and IlA Food Service Equipment be rejected at this time; and WHEREAS, the city's Construction Manager has reco=ended that bid categories 3A Building Cast-In-Place Concrete, 4A Unit Masonry, 2B Landscaping and Irrigation and IIA Food Service Equipment be publicly re-bid; and WHEREAS, the city's Construction Manager has reco=ended that bid categories lOB Signage, 12A Window Blinds and 13A Sauna be re-bid through a solicitation of quotes from qualified contractors. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that all bids submitted for Bid Categories 3A, 4A, 8E, lOB and IIA be rejected as they exceed project budget estimates and that the Construction Manager is hereby authorized to re-bid project bid categories 2B and llA at a later date. BE IT FURTHER RESOLVED by the City Council that the Construction Manager is authorized to solicit quotations for bid categories lOB, 12A and 13A and forward such recommendations to the Council for future award. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to reject the bids and direct the City Clerk to return to all bidders the deposits made with their bids. MOTION seconded by Councilmember Knight and adopted by the City Council at a Regular meeting this 20th day of April , 2004, with Councilmembers Orttel. Trude. Jacobson. Knight. Gamache voting in favor of the resolution and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: ~ ~ Michael R. Gamche - Mayor ILL,;' ) tJdL; Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 077-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CERTAIN CONTRACTS ADVERTISED WITHIN BID PACKAGE #3 FOR PROJECT NO. 02-27 FOR BID CATEGORIES 5B. 6A. 6B. 7B. 8A. 8C. 8D. 9B. 9C. 9D. 9E. 9F. lOA. 13B. 13C. 15A. 15B. 15C. AND 16A. LISTED WITHIN THIS RESOLUTION. WHEREAS, pursuant to advertisement for bids, bids were received, opened and tabulated according to law with results as follows: Bid Catee:orv 5B Steel Materials Five Star Welding $248,000 Bid Catee:orv 6A Carpentrv and Specialties Kellington Construction $269,800 Bid Catee:orv 6B Structural Wood Svstems Kellington Construction $256,400 Bid Catee:orv 7B EPDM Roof'ml!:lSheetmetal Horizon Roofing $482,700 Bid Catee:orv 8A Door and Hardware MateriaIs Straughan Hardware $113,953 Bid Catee:orv 8C Aluminum Entrances/Storefronts WL Hall $797,075 Bid Catee:orv 8D Translucent WL Hall $ 94,184 Bid Catee:orv 9B Ceramic Tile Advanced Terrazzo and Tile $198,190 Bid CatCl!:orv 9C Acoustical Ceiline:s Acoustics Associates $ 93,000 Bid Catee:orv 9D SportslWood Floorine: Anderson Ladd $227,465 Bid Catee:orv 9E Resilient and Camet Floorine: Multiple Concepts Interiors $ 60,938 Bid Catel!orv 9F Paintinl! Steinbrecher Pairiting $187,800 Bid Catel!orv lOA Specialty Materials Bartley Sales $162,995 Bid Catel!orv 13B Swimminl! PooIs/Spas/EQuipment Abhe & Svoboda $1,100,000 Bid Catel!orv 13C Ice Rink Refril!eration Systems Commercial Refrigeration $414,980 Bid Catel!orv 15A Plumbinl! and Pipinl! Systems EI-Jay Plumbing and Heating $1,180,000 Bid Catee:orv 15B HV AC and Controls Systems Master Mechanical $1,845,000 Bid Catel!orv 15C Fire Sprinkler Systems Sununit Fire Protection $205,485 Bid Catel!orv 16A Electrical and TechnoIol!V Wright Electric $1,582,000 WHEREAS, the City Council has received bids and desires in accordance with state law to award contracts to the lowest qualified bidder in the aforementioned bid categories. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby accept the recommended low bids as shown from the apparent low bidder in bid categories 5B. 6A. 6B. 7B. 8A. 8C. 8D. 9B. 9C. 9E. 9F. lOA. BB. 13C. 15A. 15B. 15C and 16A. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Construction Manager to negotiate change orders in the awarded bid categories as previously recommended through value engineering and such change orders be brought forward for approval as soon as practicable. BE IT STILL FURTHER RESOLVED to hereby direct the Mayor and City Clerk to enter into a contract with the low bidder hereto described for awarding a contract for the improvements related to the aforementioned bid categories; and direct the City Clerk to return all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Trude and adopted by the City Council at a Regular meeting this 20th day of April . 2004 with Councilmembers Knie:ht. Gamache. Orttel. Jacobson. Trude voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: ~R~~ ~ chae1 R. Gamache - Mayor Ii :tu~ O-<tb Victoria V olk - City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 20, 2004 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Minnesota was duly called and held at the City Hall on April 20, 2004 at 7:00 o'clock P.M. The following members were present: Knight, Jacobson, Gamache, Orttel, Trude and the following were absent: None Member Jacobson introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT, GROUND LEASE AGREEMENT, SUBLEASE AND CONTINUING DISCLOSURE UNDERTAKING RESOLUTION R076-04 WHEREAS, the City of Andover, Minnesota (the "City"), is authorized, pursuant to Minnesota Statutes, Section 465.71, to enter into lease purchase agreements; WHEREAS, the Economic Development Authority of the City of Andover, Minnesota, a body corporate and politic (the "Authority"), has agreed to enter into a Lease Agreement, dated as of May 1, 2004 (the "Lease"), with the City pursuant to which the Authority will provide for construction of a community center (the "Project") to be used by the City; WHEREAS, in order to carry out the transaction, the Authority will (1) lease the Project to the City pursuant to the Lease and (2) the City will lease the Project to the Authority pursuant to a Ground Lease Agreement, dated as of May 1,2004 (the "Ground Lease"); WHEREAS, the City will sublease a portion of the Project to The Young Men's Christian Association of Metropolitan Minneapolis pursuant to a Sublease Agreement, dated as of May 1, 2004 (the "Sublease"); WHEREAS, the Authority will issue its revenue bonds (as hereinafter defined) to provide funds to finance the Project pursuant to a Mortgage and Security Agreement and Indenture of Trust, dated as of May 1,2004 (the "Indenture"), between the Authority and U.S. Bank National Association, as mortgagee and Trustee, setting forth the form and details of the Bonds and their issuance, pledging the rental payments derived from the Lease to the payment of the Bonds and whereby the Authority grants to the Trustee a mortgage interest in the Project with certain reservations as security for the Bonds; and WHEREAS, the City is an obligated person under the provisions of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission pursuant to the Securities and 1624312vl Exchange Act of 1934, as amended, and is therefore subject to continuing disclosure requirements under the Rule and accordingly, the City will enter into a Continuing Disclosure Undertaking (the "Continuing Disclosure Undertaking"); NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Authorization of Bonds: Documents Presented. The Authority proposes to issue its Public Facility Lease Revenue Bonds, Series 2004 (City of Andover Community Center) (the "Bonds"), payable from rental payments to be made by the City under the Lease as hereinafter described. The Bonds shall be in an aggregate principal amount of $19,640,000 (plus any amount representing original issue discount) and shall bear interest at the rates as are prescribed by the Indenture. Forms of the following documents (collectively, the "Bond Documents") relating to the Bonds and the Project have been submitted to the City Council and are now on file in the office ofthe Administrator: (a) the Lease; (b) the Ground Lease (c) the Sublease; and (d) the Continuing Disclosure Undertaking. 2. Approval and Execution of Bond Documents. The Mayor and the City Clerk are hereby authorized and directed to execute, and deliver, on behalf of the City the Bond Documents in substantially the forms on file with the Administrator. All of the provisions of the Bond Documents when executed and delivered as authorized herein shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated herein and shall be in full force and effect from the date of execution and delivery thereof. 3. Approval of Indenture. The City hereby approves the Indenture and the Bonds described therein (collectively the "Related Documents") in substantially the forms submitted to the City. 4. Furnishing of Certificates and Proceedings. The Mayor and Clerk and other officers of the City are authorized and directed to prepare and furnish to the Purchaser and Bond Counsel, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the legality of the Bonds as such facts appear from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 5. Modifications to Documents. The approval hereby given to the various Bond Documents and Related Documents referred to above includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City 1624312vl 2 Attorney and the City officials authorized herein to execute said documents. Said City officials are hereby authorized to approve said changes on behalf of the City. The execution of any instrunlent by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. In the absence of the Mayor or Clerk, any of the documents authorized by this resolution to be executed on behalf of the City may be executed by the Acting Mayor or the Acting Clerk respectively. The motion for the adoption of the foregoing resolution was duly seconded by member Orttel , and upon vote being taken thereon the following voted in favor thereof: Knight, Jacobson, Gamache, Orttel, Trude and the following voted against the same: none whereupon the resolution was declared duly passed and adopted. 1624312vl 3 STATE OF MINNESOTA ) COUNTYOFANOKA ) SS CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, hereby certify that I have carefully compared and attached the foregoing extract of minutes of a meeting of the City Council held on the date hereof, with the original thereof on file and of record in my office and the same is a full, true and complete transcript therefrom insofar as the same relates to the execution of a Lease Agreement, a Ground Lease Agreement, a Sublease Agreement, and a Continuing Disclosure Undertaking. WITNESS my hand on April 20, 2004. ~ 04; Clerk 16243t2vl 4 CITY OF ANDOVER, MINNESOTA Member Trude introduced the following resolution and moved its adoption: RESOLUTION APPROVING REDEVELOPMENT PROJECT AREA AND PLAN RESOLUTION R075-04 BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01 It has been proposed by the Economic Development Authority of the City of Andover, Minnesota (the "Authority"), that the Authority establish a Redevelopment Project Area as described herein (the "Redevelopment Project Area"), in connection with construction of a new community center and adopt the Redevelopment Plan for the Redevelopment Project Area (the "Plan"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 through 469.047 and 469.090 through 469.1082; all as reflected in that certain docUlllent entitled in part "Redevelopment Plan for Andover Community Center Project" dated April 20, 2004, and presented for the Council's consideration. 1.02 The Council has investigated the facts relating to the Plan. 1.03 The City has performed all actions required by law to be performed prior to the adoption and approval of the Plan, including, but not limited to, a review of and written comment on the Plan by the City Planning Commission, and the holding of a public hearing thereon following at least 10 but not more than 30 days' prior published notice thereof, as required by law. Section 2. Findings for the Adoption and Approval of the Plan. 2.01 The Council hereby [mds that the Plan conforms to the general plan for the development or redevelopment of the City as a whole because the Redevelopment Project Area is properly zoned for the intended uses, and the anticipated development is in furtherance oflong range plans of the City for that area; and that the Plan will afford maximUlll opportunity consistent with the sound needs of the City as a whole, for the development of the Redevelopment Project Area and adjacent areas by private enterprise because they will enable the Authority to provide and finance necessary public facilities. 2.02 The Council further finds that the Plan is intended and, in the judgment of this Council, its effect will be, to promote the public purposes and accomplish the objectives specified in the Redevelopment Plan for Redevelopment Project Area Section 3. Approval and Adoption of the Plan. The Plan, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the City Clerk. 1626254v2 Adopted by the City Council on April 20, 2004. ~/? cdJh ,;It Mayor 0,:./.; tJ2L City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member ,1.::1 rnhc::: ('\n , and upon vote being taken thereon, the following voted in favor thereof: K n i 9 h t , Gamache, Jacobson, Or.ttel, Trude and the following voted against the same: none Whereupon the resolution was declared passed and adopted. 1626254v2 2 STATE OF MINNESOTA COUNTYOFANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to the Approval of the Economic Development Authority of the City of Andover, Minnesota's Redevelopment Project Area and Plan. WITNESS my hand on April 20, 2004. /).:~_'..., tJ4 City Clerk 1626254v2 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 074-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARlNG ON PROPOSED RE-ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 93-30. WHEREAS, the District Court of the Tenth Judicial District has ordered a re- assessment of the ABC Mini Storage, Kottke and Prater parcels; WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, MN: 1. A hearing shall be held the 18th day of May, 2004, in the City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 310fthe succeeding year. MOTION seconded by Councilmember T'^'ldlil and adopted by the City Council at a Regular Meeting this 20 t hday of April , 2004, with Gamache, Orttel Councilmembers K n i 9 h t . oJ" ~ n h < n n T r 'I d iii voting in favor of the resolution, and , , Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~R cd-*. ~~ {)~:., 1J.a ~hael R. Gamache-Mayor Victoria Volk-City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 073-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 02-49, WOODLAND ESTATES 41H ADDITION. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of -1L years. The first of the installments to be payable on or before the 15th day of April 2005, and shall bear interest at the rate of 5 percent per annum from the date of the adoption of the assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Council member Trude and adopted by the City Council at a reqular meeting this 20th day of April , 2004 with Councilmembers Jacobson, Trude, Orttel, Gamache. Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~L . hael R. Gamache - Mayor ~ ()ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 04-3 FOR 2004 CRACK SEALING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 044-04 ,dated March 16, 2004, bids were received, opened and tabulated according to law with results as follows: Precision Seal Coating, Inc. $74,610.00 Daffinson Pavement Maintenance $74,700.00 Astech $74.880.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Precision Seal Coati no. Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Precision Seal Coatino. Inc. in the amount of $ 74.610.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Trude and adopted by the City Council at a reaular meeting this 20th day of April , 2004 , with Council members Jacobson. Trude. Ortlel. Gamache. Knioht voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~KA~ M' ael R. Gamache - Mayor ~ tl~ O,a Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 071-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 03-35 , BUNKER LAKE VILLAGE. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 042-04 ,dated March 16, 2004, bids were received, opened and tabulated according to law with results as follows: Hydrocon Inc. $328,956.06 Inland Utility Const. Inc. $332,584.65 Northdale Const. $339,720.24 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Hvdrocon Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Hydrocon Inc. in the amount of $ 328.956.06 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Trude and adopted by the City Council at a reQular meeting this 20th day of April , 2004 , with Council members Jacobson. Trude. Ortlel. Gamache. Kniaht voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: a~!)ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 070-04 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be designated as Municipal State Aid Streets under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that these streets described as follows. to wit: . Control Section #135 - Verdin Street NW from South Coon Creek Drive NW to 161 st Avenue NW (CSAH 20) . Control Section #136 -146'h Lane NW from Prairie Road NW to University Avenue Ext. . Control Section #137 - Veterans Memorial Boulevard NW (previously 157'h Avenue NW & 152"d Avenue NW) from Round Lake Boulevard NW (CSAH 9) to Nightingale Street NW . Control Section #138 - Vale Street NW from 161st Avenue NW (CSAH 20) to 167'" Avenue NW . Control Section #139 - Tower Drive NW - Crosstown Boulevard NW to Hanson Boulevard NW (CSAH 20) be and hereby established, located and designated as Municipal State Aid streets of said City, subject to the approval of the Commissioner of Transportation 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 Transportation for his consideration and upon his approval of the designation of said streets or portion thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the City of Andover and to be known as Municipal State Aid Streets. Adopted by the City Council of the City of Andover this 20th day of April ,2004 . CITY OF ANDOVER ~-~4.-L .~v ~~ ____ ATTEST: . hael R. Gamache - Mayor ~. (l/L, .' ..J Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on April 20, 2004. (~ ().dJ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 069-04 A RESOLUTION REVOKING MUNICIPAL STATE AID STREETS. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that the streets described as follows, to wit: Control Section #104, Segments 010, 030 Control Section #113, Segment 030 Control Section #119, Segments 050, 060 Control Section #122, Segments 010,020 Control Section #123, Segments 010,020 Control Section #127, Segments 010,020 be and hereby are revoked as a Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Transportation 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 Transportation for his consideration and upon his approval of the revocation of said streets or portions thereof. Adopted by the City Council of the City of Andover this 20th day of April ,2004. CITY OF ANDOVER /7~d!K4~ ATTEST: ~hael R. Gamache - Mayor (J,;I;--~ O~ Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on April 20, 2004. ILf-..w ()4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION R068-04 A RESOLUTION CALLING FOR A PUBLIC HEARING ON A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1 AND THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1-4 (A REDEVELOPMNET DISTRICn THEREIN AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. WHEREAS, the City Council of the City of Andover, Minnesota established Development District No.1 pursuant to Minnesota Statutes, Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and WHEREAS, the City Council is proposing a Modification to the Development Program for Development District No.1 and the establishment of Tax Increment Financing District No. 1-4 therein and the adoption of a Tax Increment Financing Plan therefore, all pursuant to, and in accordance with Minnesota Statutes Sections 469.174 to 469.1799 and Sections 469.090 to 469.1082 inclusive, as amended. NOW THEREFORE BE IT RESOLVED by the City Council to schedule a public hearing for 7:00 p.m., June 1,2004 to consider the proposed adoption of a Modification to the Development Program for Development District No.1 and the proposed adoption of a Tax Increment Financing Plan for Tax Increment Financing District No. 1-4, a redevelopment tax financing district and cause notice of said public hearing to be given as required by law. Adopted by the City Council of the City of Andover this ~ day of April, 2004. CITY OF ANDOVER Attest: Z~4?d~ ~ Michael R. Gamache - Mayor iL;t;u,) (j./L; Victoria V olk - City Clerk CITY OF ANDOVER ,IAl V. COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 067-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 04-13 FOR STREET, STORM SEWER & TRAIL/SIDEWALK CONSTRUCTION IN THE FOLLOWING AREA VETERANS MEMORIAL BOULEVARD NW THROUGH THE PROPOSED WOODLAND ESTATES 61H ADDITION. WHEREAS, the City Council did on the 16th day of March , 2004, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by Hakanson Anderson & Associates and presented to the Council on the 6th day of April , 2004 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 260.314.34 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 260.314.34 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct Hakanson Anderson & Associates to prepare the plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby require the developer to escrow for the sum of $ 0.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 6th day of April , 2004 , with Councilmembers Trude, Jacobson, Ortlel. Gamache. Kniaht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~-~ ,,~ ATTEST: :.r?-~", J~_ chael R. Gamache - Mayor iLt~ ()d Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R066-04 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WOODLAND ESTATES SIXTH ADDITION" FOR WOODLAND DEVELOPMENT ON PROPERTY LOCATED IN SECTION 21, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: The southeast quarter ofthenortheast quarter of Section 21, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, the applicant has requested variances to City Code 11-3-6 F. to allow Lots 25 and 26 of Block 4 to be double frontage lots and a variance to City Code 11-3-6 D. to allow Lot 28 Block 4 to be a butt lot, and; WHEREAS, the findings for the proposed variances are that the plat has been designed to prevent driveway access and limit the number of street connections to the collector street, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the preliminary plat with variances to City Code 11-3-6 D. and City Code 11-3-6 F. subject to the the following conditions: 1. Contingent upon the approval of the Rezoning of the property to R-4 Single Family Urban Residential. If this request fails to be approved, the preliminary plat shall be considered null and void. 2. The Preliminary Plat shall be revised to address staff comments from the Engineering memorandum dated March 16,2004, the TKDA memorandum dated March 15,2004 and the Public Works memorandum attached to the staff report and shall otherwise conform to the drawings revised February 27,2004 and stamped received by the City of Andover on March 1,2004. 3. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 4. Park dedication and trail fees shall be collected for each unit based on the rate in effect at the time of preliminary plat approval. 5 5. A street easement shall be provided to allow a public street to be constructed between Woodland Estates 4th Addition and Woodland Estates 6th Addition. Also, costs associated with this improvement will be born by this development. 6. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 7. A temporary easement shall be created for each temporary cul-de-sac. The easement document shall be written to expire at the time the roadway is extended. 8. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 9. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 6th day of April, 2004. CITY OF ANDOVER ATTEST: -~ 7~ d,L, ~~ {/~ ~ Victoria Volk, City Clerk . chae1 R. Gamache, Mayor 6 r, l, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 965-04 A RESOLUTION APPROVING THE, CONDITIONAL USE PERMIT REQUEST OF LOCAL OlL Co. OF ANOKA & VELMEIR COMPANIES to allow a drive-through window on property legally described as Lot 2, Block I, Local Oil Addition, Anoka County, Minnesota. WHEREAS, Local Oil Co. of Anoka & Velmeir Companies have requested a Conditional Use Permit for a drive-through facility on property located at Lot 2, Block 1, Local Oil Addition, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does meet the criteria of City Code Title 12-15-6, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit for a drive-thru facility on said property with the following conditions: 1. That the applicant adjust the property line through a quit claim deed as indicated on the site plan dated March 3, 2004, and obtain approval for the rezoning of this portion of the property from R-4, Single-Family Urban Residential to SC, Shopping Center. 2. That operation of the drive-through window is prohibited between the hours of 11 :00 pm and 7:00 am. 3. That the audible level originating from the drive-through speakers be zero decibels as measured at the property line. 4. That no structures or parking lot islands encroach upon the shared access easement. 5. The applicant complete the Commercial Site Plan review process with the City. 6. The Conditional Use Permit be subject to a sunset clause as stipulated in City Code Title 12- 15-6(D). 4. This Conditional Use Permit shall be subject to review at any time the City Council determines this use of the property becomes detrimental to the health, safety or general welfare of the community. Adopted by the City Council of the City of Andover on this 6th day of April 2004. CITY OF ANDOVER '-:7~~d~ ATTEST: lchaeI R. Gamache, Mayor Uu:,.,., db.; Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 064-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NO. 02- 27 FOR Bid Cateoorv 28.: Landscapino and Irriaation. WHEREAS, pursuant to advertisement for bids, bids were received, opened and tabulated according to law with results as follows: Bid Cateaorv 2B Site Work Noble Nursery $ 122,792. Mickman Brothers 131,492. Minnesota Valley 139,042. WHEREAS, the City Council has reviewed the bids, and has determined that in accordance with state law reserves the right to reject any and all bids for the award of any public project, and WHEREAS, the city's Construction Manager has recommended that bids submitted for Bid Category 2B be rejected and re-bid at a later date. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that all bids submitted for Bid Category 2B be rejected as they exceed project budget estimates and that the Construction Manager is authorized to re-bid project bid category 2B at a later date. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to reject the bids; and direct the City Clerk to return all bidders the deposits made with their bids. MOTION seconded by Councilmember Trude and adopted by the City Council at a Reoular meeting this 6th day of April , 2004_, with Councilmembers Kniaht. Ortlel. Gamache. Trude. Jacobson voting in favor of the resolution, and Councilmembers none g:data/staffi'rhondaa/agendalresolutions/originaVaccbids 2/1/99 voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~;:z~~A~ I L /:;;,~~ U:g Mi6hael R. Gamache - Mayor Victoria Volk - City Clerk g:data/stafflrhondaa/agendalresolutions/originallaccbids 2/1/99 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 063-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-27 FOR Pre-Cast Concrete and Structural Steel/Joists and Deckina WHEREAS, pursuant to advertisement for bids, bids were received, opened and tabulated according to law with results as follows: Bid CateQorv 3B Precast Concrete Molin $1,663,905 Gage Brothers $1,575,000 Wells Concrete $1,449,462 Hanson Pipe and Products $1.315,973 Bid CateQorv SA Structural SteellJoists/DeckinQ Anderson Iron Works $635,782 Daka Corporation $629,000 Premier Construction Systems $618,211 Standard Iron $602,700 Benz Tool & Iron $598,350 Five Star Welding $570,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Hanson Pipe and Products as being the apparent low bidder for Bid Category 3B and Five Star Welding as being the apparent low bidder for Bid Category 5A. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with the two low bidders hereto described for awarding contracts for precast concrete and structural steel~oists and decking for the improvements; and direct the City Clerk to return all bidders the deposits made with their bids, except that the deposit of the successful two (2) successful bidders and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Trude and adopted by the City Council at a Reqular meeting this 6th day of April ,2004_. with Councilmembers Kniaht. Ortlel. g:datalstaffi'rhondaalagenda/resolutionsloriginal/accbids 2/1/99 Gamache. Trude. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~ /Lt,~" I)~ ,Michael R. Gamache - Mayor Victoria Volk - City Clerk g:data/stafflrhondaa/agenda/resolutionsloriginal/accbids 2/1/99 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS, AWARDING CONTRACT, REMOVING CERTAIN ROAD IMPROVEMENTS FROM THE BASE BID AND REJECTING BID ALTERNATE #1 FOR PROJECT NO. 02-27 FOR Bid Cateaorv 2A: Site work includina pavina. utilities. excavation and site aradina. WHEREAS, pursuant to advertisement for bids, bids were received, opened and tabulated according to law with results as follows: Bid CateQorv 2A Site Work Universal Enterprises $ 851,256.*** Imperial Developers 894,200. Northwest Asphalt 899,000. Dennis Fehn 908,900. Carl Bolander and Sons 921,200. Dobozenskiand Sons 969,900. F.M. Frattalone 999,980. Veit Companies 1,019,749. Don Zappa and Sons 1,059,090. Julian M. Johnson 1,063,000. Glenn Rehbein Co. 1,069,000. North Pine Aggregate 1,107,228.66 Max Steineger 1,177,777. Friedges Contracting 1,289,995. Ramsey Excavating 1,389;777. WHEREAS, the City Council is desirous of separately bidding MSA eligible road improvements described herein as 1) the Tower Drive/Crosstown Boulevard intersection improvements, 2) the future north leg of Tower Drive from the current northerly terminus of Tower Drive traveling east to the intersection of Hanson Boulevard, but not including the intersection improvements identified in Bid Alternate #1; and WHEREAS, the Council is desirous of separately bidding MSA eligible road improvements under Bid Alternate #1 described as "Hanson Boulevard Improvements." WHEREAS, Alternate #2 described as the "South Drive Option" in the amount of $22,850 be held in reserve to be awarded at a later date as may be directed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bid as shown from Universal Enterprises as being the apparent low bidder for Bid Category 2A. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Construction Manager to negotiate change orders in the awarded base bid for improvements described as 1) the Tower Drive/Crosstown Boulevard intersection improvements and 2) the future north leg of Tower Drive from the current northerly terminus of Tower Drive traveling east to the intersection of Hanson Boulevard including related infrastructure, but not including the intersection improvements described in Bid Alternate #1 Hanson Boulevard improvements and that the low bid be reduced in an amount equivalent to and corresponding with the reduction in contract work awarded to the bidder. BE IT FURTHER RESOLVED that the City Council rejects Bid Alternate #1 described as Hanson Boulevard Improvements. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with the low bidder hereto described for awarding a contract for the improvements related to site grading, utilities and paving; and direct the City Clerk to return all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next two lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Trude and adopted by the City Council at a Reaular meeting this 6th day of April , 2004_, with Councilmembers Kniaht. Ortlel. Jacobson. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~A~ fJ.J:~ 0.& MIchael R. Gamache - Mayor Victoria Volk - City Clerk ( 0' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 061-04 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR LARRY FANUCCI TO CREATE A NEW RESIDENTIAL PROPERTY FROM PROPERTIES LOCATED AT 17845 PALM STREET NW AND 560 1 77th AVENUE NW, LEGALLY DESCRIBED AS FOLLOWS: EXISTING LEGAL DESCRIPTION: Govemment Lot 2, Section 1, Township 32, Range 24, Anoka County, Minnesota. Together with: The west 470.00 feet of the Northeast Quarter of the Southwest Quarter of said Section I, excepting therefrom the east 270.00 feet of the north 403.51 feet ofthe said west 470.00 feet, as measured along the north and west lines. Subject to County Road 58. THE NEW LOT DESCRIPTIONS WILL BE AS FOLLOWS: PARCEL A: That part of the west 300.00 feet of the West Half ofthe Southwest Quarter of the Northwest Quarter of Section 1, Township 32, Range 24, Anoka County, Minnesota, which lies southerly and westerly of the following described line: Commencing at the southwest comer of the said West Half of the Southwest Quarter of the Northwest Quarter: thence on an assumed bearing of North 01 degree 09 minutes 07 seconds West, along the west line of said West Half of the Southwest Quarter of the Northwest Quarter, a distance of350.47 feet to the point of beginning ofthe line being described: thence on a non- tangential curve, concave to the Northeast, a distance of 611.80 feet, to its intersection with the south line of the said West Half of the Southwest Quarter of the Northwest Quarter, said curve having a central angle of 58 degrees 22 minutes 51 seconds, a radius of 600.43 feet and a chord which bears South 52 degrees 35 minutes 49 seconds East; and said line there terminating. Subject to County Road 58. TOGETHER WITH: The west 300.00 feet of the north 440.00 feet of Govemment Lot 2, Section 1, Township 32, Range 24, Anoka County, Minnesota. PARCEL B: Government Lot 2, Section 1, Township 32, Range 24, Anoka County, Minnesota. Together with: The west 470.00 feet of the Northeast Quarter of the Southwest Quarter of said Section 1, excepting therefrom the east 270.00 feet of the north 403.51 feet of the said west 470.00 feet, as measured along the north and west lines. Subject to County Road 58; Except that part of the west 300.00 feet of the West Half of the Southwest Quarter of the Northwest Quarter of Section 1, Township 32, Range 24, Anoka County, Minnesota, which lies southerly and westerly of the following described line: Commencing at the southwest corner of the said West Half of the Southwest Quarter of the Northwest Quarter: thence on an assumed bearing of North 01 degree 09 minutes 07 seconds West, along the west line of said West Half of the Southwest Quarter of the Northwest Quarter, a distance of350.47 feet to the point of beginning of the line being described: thence on a non- tangential curve, concave to the Northeast, a distance of 611.80 feet, to its intersection with the south line of the said West Half of the Southwest Quarter of the Northwest Quarter, said curve having a central angle of 58 degrees 22 minutes 51 seconds, a radius of 600.43 feet and a chord which bears South 52 degrees 35 minutes 49 seconds East; and said line there terminating. Subject to County Road 58. TOGETHER WITH: The west 300.00 feet of the north 440.00 feet of Government Lot 2, Section 1, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the City of Andover has requested approval of a lot split to subdivide property pursuant to Chapter 13-1, and WHEREAS, the applicant will provide a legal description and survey of a ten-foot drainage and utility easement along the side and rear lot lines of the new property; and WHEREAS, the applicant will pay the Park Dedication and Trail Fee for one new lot per Chapter 1-7-3 of the Andover City Code; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Chapter 12-3-4 and 13-1-3; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare ofthe City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. The applicant is required to dedicate a ten-foot drainage and utility easement around the perimeter of the new property. 2. Payment of park dedication fee based on the fee ordinance in effect at the time of Council Approval for one new lot. 3. Lot split is subject to Anoka County Highway Department requirements from letters dated January 27th, 2004 and February 20th, 2004. 4. The lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this 6th day of April, 2004. CITY OF ANDOVER ~:~ ;.~ ATTEST: ike Gamache, Mayor cl:t;-~ tJ& Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ~ RESOLUTION APPOINTING PRIVACY OFFICAL AND CONTACT PERSON WHEREAS, the regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPPA), 45 CFR 164.530 (a), require the City of Andover appoint one person as the privacy official and contact person . to coordinate the employee's policies and procedures under HIPPA's privacy rules, . to monitor and decide, issues that occur under the rules . to receive complaints about any failure to comply with either the policies and procedures or the privacy rules in general WHEREAS, the Andover City Council shares concerns over privacy of health data protected by the Act and wishes to comply with the requirements of the law, BE IT RESOLVED, the City Council of the City of Andover hereby appoints the Human Resources Manager as the privacy official and contact person. ADOPTED by the City Council of the City of Andover on this 6th day of April 2004. Z~~~~ ATTEST: ~ o../b Victoria V olk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. ROS~.04 A RESOLUTION CHANGING THE LOCATION OF PRECINCT #7 FROM THE WORLD OF PENECOST CHURCH TO THE CONSTANCE EVANGELICAL FREE CHURCH. WHEREAS, there has been a sizable increase in the number of registered voters in Precinct #7; and WHEREAS, the current polling place is not of sufficient size to handle the large number of voters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby change the location of Precinct #7 to the Constance Evangelical Free Church, 16150 Crosstown Boulevard NW, to be effective with the State Primary Election to be held Tuesday, September 14,2004. BE IT FURTHER RESOLVED that the boundaries of Precinct #7 are as follows: Precinct #7 All that area lying north of Andover Boulevard between Hanson Boulevard (CR 78) and the easterly city limits, south of a line from Hanson Boulevard east along County Road 20 (161 st Avenue) to County Road 60 to Old Constance Boulevard and following Old Constance Boulevard to University Avenue. Adopted by the City Council of the City of Andover this 6th day of April, 2004. CITY OF ANDOVER ATTEST: Z~~~ ~ 1J..!b Victoria Volk-City Clerk , CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R058-04 A RESOLUTION AMENDING CONDITIONAL USE PERMIT #03-05 AT THE REQUEST OF NATURE PROPERTIES TO ADD A FIFTH TOWNHOUSE DESIGN FOR A PLANNED UNIT DEVELOPMENT CONTAINING FIFTY-FOUR (54) TOWNHOUSE UNITS KNOWN AS "NATURE'S RUN" LOCATED AT THE SOUTHWEST CORNER OF HANSON BLVD (CSAR 78) AND ANDOVER BOULEVARD AND LEGALLY DESCRIBED AS INDICATED ON EXHIBIT A. WHEREAS, Nature Properties has requested an amendment to the Conditional Use Permit for a Planned Unit Development to add a fifth townhouse design pursuant to City Code 12-15-6 Conditional Uses and City Code 13-3 Planned Unit Developments, and; WHEREAS, the City Council has reviewed the request and has determined that said request meets the criteria of City Code 12-15-6 Conditional Uses and City Code 13-3 Planned Unit Developments, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amended Conditional Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the amended Conditional Use Permit on said property with the following conditions: 1. Exhibit B, the document that regulates the design of the townhouses, shall be modified to include a fifth townhouse design. This design shall conform to the plans stamped received by the City of Andover March 2, 2004. 2. All other conditions of Conditional Use Permits 00-17,01-05 and 03-05 shall remain in effect. Adopted by the City Council ofthe City of Andover on this 6th day of April, 2004. CITY OF ANDOVER ATTEST: ') ()g fLJ:;, _ , Victoria Volk, City Clerk r'\.U~ (:f~U7 Exhibit A NATURE'S RUN, ANOKA COUNTY, MINNESOTA CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.nS!7-04 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF SHANIN GARBOW FOR A HOME OCCUPATION BEAUTY SALON TO BE OPERATED OUT OF HER RESIDENCE AT 2343 135th AVENUE LEGALLY DESCRIBED AS: Lot 6, Block 2, Hidden Creek East, Anoka County, Minnesota WHEREAS, Shanin Garbow has requested a Conditional Use Permit for a home occupation beauty salon to be operated out of her house on property located at 2343 135th Avenue NW; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Chapter 12-8-9 of the City Code: WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval ofthis Conditional Use Permit request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit on said property permitting a home occupation beauty salon to be conducted that meets all city requirements subject to City Code 12-8-9 and City Code 12-10 and the following: 1) The hours of operation are limited to 10:00 AM to 6:00 PM. Adopted by the City Council of the City of Andover on this 6th day of April, 2004. CITY OF ANDOVER ~#~~~/C:' ATTEST: lchael R. Gamache, Mayor 1Lt:u-a/ {/ /.t Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 056-04 A RESOLUTION APPROVING THE FINAL PLAT OF "OAKVIEW PARK SECOND ADDITION" FOR EMMERICH DEVELOPMENT CORPORATION ON PROPERTY LOCATED IN SECTION 14, TOWNSHIP 32 RANGE 24 (PID 14-32-24-32-0009) LEGALLY DESCRIBED AS: That part of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, described as follows: The North 463 feet of the East 270 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota as measured at right angels to the North end East lines thereof excerpt Parcel No. 60 of Anoka County Highway Right-of-Way Plat No. 20. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Oakview Park 2nd Addition'" and , WHEREAS, the Developer has presented the final plat of Oakview Park 2nd Addition; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat, and approves the final plat with the following conditions: 1. The Developer dedicate a 60-foot right-of-way for CSAH 20. 2. The City Attorney presenting a favorable opinion. 3. Security to cover legal and engineering costs as determined by the City Engineer. 4. The developer shall provide an escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer that lots are graded according to the approved grading plan. 5. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 6. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA, and any other agency that may be interested in the site. 7. Park dedication fees shall be paid in the amount of $6,600.00. 8. Trail fees shall be paid in the amount of$I,602.00. Adopted by the City Council of the City of Andover this 6th day of April 2004. CITY OF ANDOVER ATTEST: , I (jdb ~h~ /L.!;-w....J Victoria V olk, City Clerk ichael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R055-04 A RESOLUTION APPROVING THE FINAL PLAT OF "OAKVIEW PARK" LOCATED AT 1374 161 ST AVENUE NW (P.I.D. 14-32-24-31-0003) LEGALLY DESCRIBED AS: The West Half of the West Half of the Northeast Quarter of the Southeast Quarter of Sectionl4, Township 32, Range 24, Anoka County, Minnesota, except Parcel Number 59, Anoka County Highway Right of Way Plat No. 20. Also the West Half of the West Half of the Southeast Quarter of the Southeast Quarter ofSectionl4, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Oakview Park", and; WHEREAS, the Developer has presented the final plat of Oakview Park, and; WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby approve the final plat of Oakview Park contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal and engineering costs as determined by the City Engineer. 3. The developer shall provide an escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer that lots are graded according to the approved grading plan. 4. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 5. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 6. The final plat shall conform to the drawing stamped received by the City of Andover March 11,2004 except so as to be modified to include dedication of the park land from the approved preliminary plat. 7. Park dedication shall be a combination of land and cash as shown on the approved plat and subject to the park dedication requirements of City Code 11-3-7. 8. The trail connection from the southern cul-de-sac to Drake Street NW shall be constructed at the developer's expense and a credit towards the park dedication fee will be given to the developer for the work that is done. 9. Trail fees shall be paid on a per lot basis based on the rate in effect at the time of preliminary plat approval. 10. Outlots A and B shall be combined with the adjacent residential properties from the Cambridge Estates Second Addition and Chesterton Commons Third Addition before building permits will be issued within the development. Adopted by the City Council ofthe City of Andover this 6th day of April, 2004. CITY OF ANDOVER ATTEST: ~o~4-e-d~ ~ .rg lchael R. Gamache, Mayor . .~J U Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 054-04 A RESOLUTION GRANTING THE V ACA TION OF EASEMENT REQUEST OF MJB CONSTRUCTION TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OF LOT 1, BLOCK 1, CITY VEW FARMS WHEREAS, MJB Construction has requested to vacate a portion of a drainage and utility easement located on Lot 1, Block 1 of City View Farms, legally described on Exhibit A dated March 23,2004, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following conditions: 1) That the request is subj ect to a sunset clause. If the City Council determines that no significant progress has been made within the first twelve months from the approval date the resolution shall be null and void. Adopted by the City Council of the City of Andover on this 6th day of April 2004. CITY OF ANDOVER ATTEST {L:t-~ t:Lf. Victoria V olk, City Clerk Basement Vacation Exhibit A .... \01( .... MJB CONSTRUCTION 6438 Riverdale Drive N.W. Ramsey, Minnesota 55303 , 1-' -.~)~ I ^ " IC,- "I \ ^ I <J~~,\? "" ""r- LJ"\I'iL_ I 'i. V V . 1\""1\,,,,1 \U <~ &.9:;;0.0 n n <57 6" '0 89036'00" W '<& 00" S ..... 119.13 . I"~ C) ~~ \ ~ '> \ 0 0 ~..... ....-~ , ~ 0 \ ~ -------1 o 0 _-I -- - - - - -- 0 rY' \ / v (1)- _W ..c -+-' W .~m -+-'* I - . i -- ~ W 10 0 0 ~ Q) 10 ~ -+-' ~ (fJ-+-, 0 o 0 v LO -+-' <I) I W-.J ~ I <I) -+-' C . - 00 LIJ ~ ..c (1).- r-.... - o -+-'~- o~ o~ '"./ o L.() I - ..c ..c v 01 I .0 oo-+-'-+-' . 0'>0 -- .. .,....- 1 L=, c~ <( o . v~Oo :::~ I tOO 0'> I CLOZ(fJ -+-' 0 . 0",," :::~ \ (fJ-+-' _-I o V (fJ o <( g 10 I 1 1l] \ ~ 2 I ~ z z L__ ____ _~v~ / 110 ~- ~ \ ~ 41.94 () r-.... r-.... - , C) _--1 -7 138.99 ~- L_ \ =) =J S89036'00"W \ () () \ 0::: ') South line of L- Lot. 1, Block 1 PROPOSED EASEMENT VACATION DESCRIPTION The south 7.50 feet of the east 45.00 feet lying west of the east 41.94 feet of Lot 1, Block 1, CITY VIEW FARM, Anoka County, Minnesota according to the record plat thereof. Vacated easement contains 23 sq. ft. = 0.001 acres RECEIVED MAR 2 4 2004 N ~ VACATED EASEMENT CITY OF ANDOVER I 1 INCH = 20 FEET BOOK PAGE I hereby certify thot this survey, plan or report was prepared by I 1111 Ha~anson me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. "1 ~~s:~?~c. ~- Civil EngIneers o.nd Lo.nd Surveyors '3/'2.3/04- 3601 Thurston ^V~. Anokc, HlnMsoto. 553C3 763-427;.~ '"FA~ 763-427-0320 Ch rles R. CFi . topherson, MN License No. 18420 Da'te / Job No.: 2522.49 Dwgs No.: 252249 ( S) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.053-04 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 02-49. WOODLAND ESTATES 4TH ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS. a contract has been entered into for the construction of the improvements and the contract price for such improvement is $1.013.238.67 plus $17.640.00 for seal coat. and the expenses incurred or to be incurred in the making of such improvement amount to $543.038.57 and work previously done amount to $0.00 so that the total cost of the improvement will be $ 1.573.917.24. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $53.734.40 the amount to be assessed against benefited property owners is declared to be $1.520.182.84 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of!! years. The first of the installments to be payable on or before the 15th day of April 2005, and shall bear interest at the rate of~ percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk. with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment. notify the Council thereof. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reoular meeting this 6th day of April . 2004 , with Councilmembers Trude. Jacobson. Orttel. Gamache. Knioht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: .4~~d-4 fLt;-~ ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 052-04 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF ROUND LAKE BOULEVARD NW (CSAH 9) & 157TH AVENUE NW (CSAH 20). WHEREAS, no parking will be allowed along Round Lake Boulevard NW (CSAH 9) from 1500 feet south of 15ih Avenue NW (CSAH 20) to a point 1500 feet north of 15ih Avenue NW (CSAH 20); and WHEREAS, no parking will be allowed along 15ih Avenue NW (CSAH 20) from 1000 feet west of Round Lake Boulevard NW (CSAH 9). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate the no parking zone. Adopted by the City Council of the City of Andover this 6th day of April , 2004. ATTEST: ~e~ay~~ /.U;;~ ()~ Victoria Volk - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 051-04 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 04-2 ,FOR 2004 MILL & OVERLAY IN THE AREA OF KIOWA TERRACE. VALLEY VIEW ESTATES 2ND ADDITION. CEDAR CREST ESTATES, CEDAR CREST ESTATES 2NLl ADDITION. LAKE RIDGE & LAKESIDE ESTATES WHEREAS, pursuant to Resolution No. 040-04 , adopted by the City Council on the 1st day of March , 2004 ,the City Enaineer has prepared final plans and specifications for Project 04-2 for 2004 Mill & Overlay WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of April , 2004 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , April 28 , 2004 at the Andover City Hall. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 6th day of April , 2004 , with - Councilmembers Trude. Jacobson, Ortlel, Gamache. Kniaht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~Z~A4 MIchael R. Gamache - Mayor !LI;,w()~ Victoria Volk - City Clerk r) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 050-04 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 04-9, CROSSTOWN MEADOWS. WHEREAS, pursuant to Resolution No. 041-04, adopted by the City Council on the 15t day of March , 2004, the City Enaineer has prepared final plans and specifications for Project 04-9 for Crosstown Meadows. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of April , 2004 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 11 :00 AM , May 10 ,2004 at the Andover City Hall. MOTION seconded by Council member Jacobson and adopted by the City Council at a reQular meeting this 6th day of April , 2004 , with Council members Trude. Jacobson. Ortlel. Gamache. Kniaht voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: <--y~/ ~d~/ r>v1icllael R. Gamache - Mayor ()J~ Ud'b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 049-04 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 04-5 ,FOR SUNSHINE PARK BALL FIELD LIGHTING WHEREAS, pursuant to Resolution No. 022-04 , adopted by the City Council on the 20th day of January . 2004, Wunderlich-Malec has prepared final plans and specifications for Project 04-5 for Sunshine Park Ball Field Liqhtinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of March , 2004 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 1 :30 p.m. , April14 , 2004 at the Andover City Hall. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a reqular meeting this 16th day of March , 2004 , with Councilmembers Jacobson. Kniqht. Ortlel. Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi~~~~or fl*~ (),tb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 048-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 04-13, STATE AID ROUTE THROUGH THE WOODLAND ESTATES 6TH ADDITION DEVELOPMENT. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improvements, specifically State Aid Route throuah the Woodland Estates 6th Addition development; and WHEREAS, the City Council proposes to assess the benefiting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to Hakanson Anderson & Associates and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 16th day of March , 2004 , with Councilmembers Jacobson. Kniaht. Ortlel. Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ,~ M' hael R. Gamache - Mayor ~ {)/V Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R04f.04 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "OAKVIEW PARK SECOND ADDITION" FOR EMMERICH DEVELOPMENT CORPORATION ON PROPERTY LOCATED IN SECTION 14, TOWNSHIP 32 RANGE 24 (PID 14-32-24-32-0009) LEGALLY DESCRIBED AS: That part of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, described as follows: The North 463 feet of the East 270 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota as measured at right angels to the North end East lines thereof excerpt Parcel No. 60 of Anoka County Highway Right-of-Way Plat No. 20. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Plarming and Zoning Commission recommends to the City Council the approval of the plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Plarming and Zoning Commission and approves the preliminary plat with the following conditions: I. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 2. The developer petition for city sewer and water. 3. The developer must remove all existing structures from Lots I, 3 and 4 and the existing septic system on Lot 2. 4. Park dedication and trail fees for three lots shall be paid in compliance with the City Code at the rate in effect at the time that the plat is approved by the City Council. 5. Contingent upon compliance with all comments contained within Plat Review #2 from ARC. 6. Contingent upon staff review and approval for compliance with City Code, policies and guidelines. 7. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 16th day of March 2004. CITY OF ANDOVER ATTEST: ~ 1J4 ..,.. .,{ Victoria Volk, City Clerk ichael R. Gamache, Mayor -:;1- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R046-04 Member Jacobson introduced the following resolution and moved its adoption: RESOLUTION INITIATING PROCESS FOR APPROVAL OF REDEVELOPMENT PROJECT AREA AND CALLING A PUBLIC HEARING BE IT RESOLVED by the City Council (the "council") ofthe City of Andover, Minnesota (the "City"), as follows: I. Recitals. (a) Pursuant to Minnesota Statutes, Sections 469.090 through 469.1082, the Economic Development Authority of the City of Andover, Minnesota (the "Authority"), is authorized to exercise housing and redevelopment powers; and (b) It has been proposed that the Authority establish a Redevelopment Project Area as described herein (the "Redevelopment Project Area"), in connection with construction of a new community center and adopt the Redevelopment Plan for the Redevelopment Project Area (the "Plan"); all pursuant to and in conformity with applicable law; and (c) The Authority has requested that the Council hold a public hearing on the Plan, as required by Minnesota Statutes, Section 469.028, subdivision 1. 2. Public Hearing. The Council will hold a public hearing on the Plan at a meeting of the Council to be held at the City Hall on April 20, 2004, commencing at approximately 7;00 p.m. The staff of the City is hereby authorized and directed to cause the Notice of Public Hearing which is attached to this Resolution to be published in the City's official newspaper not more than 30 and not less than 10 days prior to the scheduled hearing date. Adopted by the City Council on March 16,2004. %::!- R ,d~ r~ Mayor (SEAL) IL~ lJ.';p City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R045-04 MOTION by Council member ,lri r.()hc;.nn to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-46 , FIRE STATION NUMBER THREE. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 019-04, dated Januarv 20, 2004, bids were received, opened and tabulated according to law with results as follows: Rochon Corp. $1,193,320 Parkos Constr 1,197,125 CM Construction 1,238,150 Lund Martin Constr. 1,260,300 Jorgenson Constr. 1,263,050 Merrimac 1,272,543 Greystone Constr. 1,274,380 Ebert Constr. 1,280,500 Morcon 1,290,975 Thor Construction 1,295,310 Mark Haug Constr. 1,324,640 Karkela Constr. 1,338,091 Gladstone Constr. 1,342,590 Encomm Midwest 1,353,422 Stiglich Constr. 1,365,730 Arkay Constr. 1,407,500 Prestige Builders 1,453,300 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rochon Corporation as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rochon Corporation in the amount of .$1 ,193,320.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member ~ n ; 9 h + and adopted by the City Council at a reqular meeting this 16th day of March , 2004 , with - Council members K n i a h t . Truiof . f ,lar.oh<::onJ nrtt.,l r,"m.ch\/ Ing In avor , .. of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~/.?~. .~ Mich . G mache - ayor ~ t1,.a, Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 044-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 04-3 ,FOR 2004 CRACK SEALING WHEREAS, pursuant to Resolution No. 014-04 , adopted by the City Council on the 20tn day of Januarv , 2004 ,the City Enqineer has prepared final plans and specifications for Project 04-3 for 2004 Crack SealinQ . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of March , 2004 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 11 :00 a.m. , April12 , 2004 at the Andover City Hall. MOTION seconded by Councilmember KniQht and adopted by the City Council at a reQular meeting this 16th . day of March , 2004 , with Councilmembers Jacobson. Kniqht. Orttel. Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ichael R. Gamache - Mayor /l~ Odb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 043-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF A TRAFFIC SIGNAL FOR PROJECT NO. 04-7 FOR PRAIRIE ROAD NW & BUNKER LAKE BOULEVARD NW. WHEREAS, the City Council is cognizant of the need for the traffic signal improvement; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Prairie Road NW & Bunker Lake Boulevard NWrrraffic Siqnal , Project 04-7; and BE IT FURTHER RESOLVED by the City Council to hereby direct SEH to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember KniQht and adopted by the City Council at a reQular meeting this 16th day of March , 2004 , with Councilmembers Jacobson, Kniqht. Orttel. Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: lL:tn~ alt/.! Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 042-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 03-35, BUNKER LAKE VILLAGE. WHEREAS, pursuant to Resolution No. 006-04, adopted by the City Council on the 6th day of Januarv ,2004, TKDA has prepared final plans and specifications for Project 03-35 for Bunker Lake Villaqe. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of March , 2004 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , April 12 ,2004 at the Andover City Hall. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 16th day of March , 2004 , with Council members Jacobson. Kniqht. Orttel. Trude. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~~ hael R. Gamache - Mayor ~;.., oa Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 041-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 04-9 FOR SANITARY SEWER. WA TERMAIN. STREETS & STORM SEWER IN THE FOLLOWING AREA CROSSTOWN MEADOWS. WHEREAS, the City Council did on the 3'd day of Februarv ,2004, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Enqineer and presented to the Council on the 1st day of March , 2004 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $672,182.08 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 672.182.08 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Enqineer to prepare the plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby require the developer to escrow for the sum of $ 294,000.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Trude and adopted by the City Council at a reQular meeting this 1 $1 day of March , 2004 , with - Councilmembers Trude. Orttel. Gamache, Kniqht, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ ~ {j,/L; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 040-04 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF 2004 OVERLAYS , PROJECT NO. 04-2 IN THE AREA OF KIOWA TERRACE. VALLEY VIEW ESTATES 2ND ADDITION, CEDAR CREST ESTATES, CEDAR CREST ESTATES 2ND ADDITION, LAKE RIDGE & LAKESIDE ESTATES 2ND ADDITION AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 030-04 of the City Council adopted on the 17th day of February ,2004, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 1st day of March ,2004; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 04-2 MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 1st day of March , 2004, with Councilmembers Trude, Orttel. Gamache, Kniqht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Z*d~ Ichael R. Gamache - Mayor &~ {/.,tb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 039-04 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING A DONATION MADE TO THE CITY OF ANDOVER. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, Ace Solid Waste has presented to the City a check for $460.00 for the Parks Department. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation of $460.00 from Ace Solid Waste. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 1 st day of March , 2004 , with Councilmembers Gamache, Orttel. Trude, Jacobson. Kniqht (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: '~~&d~ ~chael R. Gamache - Mayor ~/J~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 038-04 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF 168TH LANE NW BETWEEN VERDIN STREET NW AND ZION STREET NW. WHEREAS, the no parking zone is to be located on both sides of 168th Lane NW between Verdin Street NW and Zion Street NW between the hours of 8:30 a.m.-10:00 a.m. and 3:30 p.m.-4:30 p.m., Monday-Friday from September 1st_ June 15th. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate a no parking zone. Adopted by the City Council of the City of Andover this 1 st day of March . 2004. ATTEST: :~A?z4n-L Mithael . Gamache - Mayor ~ !J,4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 037-04 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 04-4 FOR 2004 SEAL COATING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 027-04 ,dated Februarv 3, 2004, bids were received, opened and tabulated according to law with results as follows: Allied Blacktop Co. $185,264.75 Pearson Brothers, Inc. $187,609.00 Asphalt Surface Technologies $237,639.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Allied Blacktop Co. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Allied Blacktop Co. in the amount of $ 185,264.75 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Orttel and adopted by the City Council at a reqular meeting this 1st day of March , 2004 , with Council members Trude, Orttel, Gamache, Kniqht. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A TrEST: /kt:.4/ Jva Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R 036-04 A RESOLUTION APPROVING THE 2004 CDBG FUNDING REQUEST MODIFICATION WHEREAS, the City of Andover has reviewed the funding criteria for the Community Development Block Grant program (CDBG); and WHEREAS, the City Council recognizes the need to use Community Development Block Grant funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the United States Department of Housing and Urban Development, following guidelines established for the use of Community Development Block Grant funds; and WHEREAS; the City Council has determined that the allocation of CDBG funds for the Hughs Industrial Park Revolving Loan Fund would better serve the low and moderate income families in Andover by reallocating the Hughs Industrial Park CDBG funding towards the costs of constructing the new Andover/YMCA Community Center. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, to hereby support the request to reallocate the funds that Anoka County designated for the Hughs Industrial Park Revolving Loan Fund to be used for the new Andover/YMCA Community Center; and FURTHER requests the Anoka County Community Development Department to work with the City to find additional available funding sources to increase the amount of CDBG grant to $150,000. Adopted by the City Council of the City of Andover this 17th day of February, 2004. CITY OF ANDOVER ATTEST: ~ ()/? Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.R035-04 A RESOLUTION APPROVING THE VARIANCE REQUEST FOR MR. AND MRS. GENZ TO VARY FROM CITY CODE 12-3-4 TO REDUCE THE FRONT AND SIDE YARD SETBACK REQUIREMENTS FOR AN EXISTING HOUSE AND DECK ON PROPERTY LOCATED AT 921 l58TIl AVENUE NW, LEGALLY DESCRIBED AS (P.I.D 14-32-24-44-0012): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 14 TOWNSHIP 32 RANGE 24 DESCRIBED AS FOL LOWS COMMENCING AT THE SOTHEAST CORNER OF SAID QUARTER THENCE NORTHERLY ALONG THE EAST LINE OF SAID QUARTER A DISTANCE OF 561.0 FEET THENCE WEST & P ARALELL WITH THE SOUTH LINE OF SAID QUARTER A DISTANCE OF 660.0 FEET TO THE POINT OF BEG OF THE TRACT HEREIN TO BE DESCRIBED THENCE WEST ALONG A LINE PARALELL WITH THE SOUTH LINE OF SAID QUARTER A DISTANCE OF 260.99 FEET-THENCE NORTH A DISTANCE OF 300.0 FEET THNCE EAST & PARALELL WITH THE SOUTH LINE OF SAID QUARTER A DISTANCE OF 260.99 FEE THENCE SOUTH 300 FEET TO THE POINT OF BEGINNING. WHEREAS, Mr. And Mrs. Genz have petitioned to vary from the requirements of City Code 12-3-4, and; WHEREAS, the City Council finds that the special circumstances for the subject property are as follows: 1. The home was constructed before the current standards of the R-1 Zoning District were adopted. WHEREAS, the City Council finds that the variance will not be detrimental to the health, safety or welfare of surrounding properties, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to vary from City Code 12-3-4 to reduce the front and side yard setback for the existing house and new deck to 35 feet for the subject property. Adopted by the City Council of the City of Andover on this 17th day of February, 2004. CITY OF ANDOVER ATTEST: tlj;;;,/ !1./h Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R034-04 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-27 , AndoverlYMCA Community Center Proiect FOR Buildinq Packaqe #3 CONSTRUCTION. WHEREAS, Plans and Specifications were prepared by Rozeboom Miller Architects for Project No. 02-27 , for Buildinq Packaqe #3 construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 17th day of Februarv ,2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be open at 2:00 pm , March 25 , 2004 at the Andover City Hall. MOTION seconded by Councilmember QrttQl and adopted by the City Council at a Reqular meeting this 17th dayof FQerHary 2004 . . Gamacae Trude , 19_, with Councllmember .lu ntH n ~, K ~ i 9 h t, Qr He 1 , VO Ing in favor of the resolution and Councilmember nnnp voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~ -~ /1.:tu.., I )~ Mi ael R. Gamac - Mayor Victoria Volk - City Clerk g:data/staft7rhondaaJagenda/resolutions/originalJadvbids 2/1112004 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: February 17, 2004 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly called and held at the City Hall on February 17,2004, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $4,335,000 General Obligation Tax Increment Refunding Bonds, Series 2004B. The following members were present: J a cob son, Gamache, Knight, Orttel, Trude and the following were absent: None Member nrttpl introduced the following resolution and moved its adoption: RESOLUTION R033-04 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,335,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2004B AND PLEDGING FOR THE SECURITY THEREOF TAX INCREMENTS A. WHEREAS, the City Council ofthe City of Andover, Minnesota (the "City"), has heretofore created Development District No. I (the "Development District") pursuant to the provisions of Minnesota Statutes, Sections 469.124 through 469.134, and has approved a development program (the "Program") with respect to the Development District; and B. WHEREAS, the City has also heretofore created Tax Increment Financing District Nos. I-I and 1- 2 as redevelopment districts within the Development District (collectively, the "Tax Increment District") under the provisions of Minnesota Statutes, Sections 469.174 through 469.179 and has approved a tax increment financing plan (the "Plan") with respect to the Tax Increment District; and C. WHEREAS, tax increments derived from the Tax Increment District are referred to herein as the "Tax Increments"; and D. WHEREAS, the City has heretofore determined and declared that it is necessary and expedient to provide moneys for a crossover refimding of the City's $6,055,000 original principal amount of General Obligation Tax Increment Bonds, Series 1995D dated October 1, 1995 (the "Prior Bonds"), issued for the purpose of providing money to finance eligible project costs within the Tax Increment District, constituting capital and administration costs associated with various improvement projects (i.e., acquisition of property, road improvements, soil testing and land cleanup) of the Development District, as set forth in the Plan (the "Project") pursuant to the resolution of the City Council, duly adopted on September 19,1995, authorizing issuance of the Prior Bonds (the "Prior Resolution"); and 1615340vl Year Amount Year Amount 2006 2010 2007 2011 2008 2012 2009 2013 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Onlv System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee ofthe existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. 3 1615340vl (c) Termination ofBook-Entrv Only Svstem. Discontinuance of a particular Depository's services and termination ofthe book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond ifit determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and ifno substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder ofthe Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions ofthis resolution, the provisions in the Letter of Representations shall control. 3. Purpose; Refunding Findings. The Bonds shall provide funds for a crossover refunding of all the City's callable Prior Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13, and as ofthe crossover date of the Bonds, shall result in a reduction of the present value of the dollar amount of the debt service to the City from a total dollar amount of $ for the Prior Bonds to a total dollar amount of $ for the Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12, and accordingly the dollar amount of such present value of the debt service for the Bonds is lower by at least three percent than the dollar amount of such present value of the debt service for the Prior Bonds as required in said Subdivision 12. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2004, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: 5 1615340vl UNITED STATES OF AMERJCA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 2004B Interest Rate Maturitv Date Date of Original issue CUSIP February I, March 16, 2004 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Andover, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the marmer hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February I and August I of each year (each, an "Interest Payment Date"), commencing August I, 2004, at the rate per armum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office ofU. S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name ofthe Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination ofthe book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. 7 16t5340vl rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations ofthe Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar desigoation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance ofthis Bond, have been done, have happened and have been performed, in regular and due form, time and marmer as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile sigoatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. 9 1615340v1 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA- as custodian for (Cust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premIses. Dated: Notice: The assignor's signature to this assigr1TIlent must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature( s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: 11 1615340vl 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shaH be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal ofthe City may be a printed (or, at the request ofthe Purchaser, photocopies) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature ofthat officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the Sallle as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures ofthe Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative ofthe Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the Sallle person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is March 16, 2004. The Certificate of Authentication so executed on each Bond shaH be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shaH provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the nallle ofthe designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the Sallle stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the nallle of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal alllount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond 13 1615340vl 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Clerk to the Purchaser upon receipt ofthe purchase price, and the Purchaser shaH not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Tax Increment Refunding Bonds, Series 2004B Fund" (the "Fund") to be administered and maintained by the Clerk as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Escrow Account. The Escrow Account shall be maintained as an escrow account with u.s. Bank National Association (the "Escrow Agent"), in St. Paul, Minnesota, which is a suitable financial institution within or without the State whose deposits are insured by the Federal Deposit Insurance Corporation and whose combined capital and surplus is not less than $500,000. All proceeds of the sale ofthe Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. Proceeds of the Bonds not used to pay costs of issuance are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other fimds retained in the Escrow Account, (i) to pay when due the interest to accrue on the Bonds to and including February 1, 2005; and (ii) to pay when called for redemption on February 1, 2005, the principal amount of each of the Prior Bonds. The Escrow Account shall be irrevocably appropriated to the payment of (i) all interest on the Bonds to and including February I, 2005; and (ii) the principal of the Prior Bonds due by reason of their call for redemption on February I, 2005. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with the Escrow Agreement by and between the City and an Escrow Agent (the "Escrow Agreement"), a form of which is on file in the office of the Clerk. Any moneys remitted to the City upon termination of the Escrow Agreement shall be deposited in the Debt Service Account. (b) Debt Service Account. To the Debt Service Account there is hereby pledged and irrevocably appropriated and there shall be credited: (1) after the crossover date, all uncollected Tax Increments pledged to the payment of the Prior Bonds; (2) any collections of all taxes which may hereafter be levied for the payment of the Bonds and interest thereon provided the Tax Increments are insufficient for the payment thereof; (3) any balance remitted to the City upon the termination ofthe Escrow Agreement; (4) any balance remaining after February 1, 2005, in the General Obligation Tax Increment Bonds, Series 1995D Fund created by the Prior Resolution; (5) all investment earnings on funds in the Debt Service Account; and (6) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The amount of any surplus remaining in the Debt Service Account when the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. 15 1615340v1 (d) Reservation of Rights. Notwithstanding any provisions herein to the contrary, the City reserves the right to terminate, reduce, or apply-to other lawful purposes the Tax Increments herein pledged to the payment of the Bonds and interest thereon to the extent and in the marmer permitted by law. 17. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders ofthe Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayab1e according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 18. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule l5c2-l2 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain armual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely marmer, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely marmer, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the armual financial information with respect to the City described in the Undertaking. 17 1615340vl appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. 24. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's Certificate that the Bonds have been entered in the County Auditor's Bond Register. 25. Records and Certificates. The officers ofthe City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any re furnished, shall be deemed representations of the City as to the facts recited therein. 26. Negative Covenant as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds ofthe Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a marmer as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 ofthe Code. 27. Tax-Exempt Status of the Bonds; Rebate. The City is subject to the rebate requirement imposed by ~148(f) of the Code by reason of issuing (together with all subordinate entities thereof, and all entities treated as one issuer with the Issuer) more than $5,000,000 of tax-exempt governmental obligations during this calendar year as provided in ~148(f)(4)(D) of the Code and ~ 1.148-8 of the Regulations. 28. Supplemental Resolution. The Prior Resolution is hereby supplemented to the extent necessary to give effect to the provisions ofthis resolution. 29. Pavment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 30. Severabilitv. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceabi1ity of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 31. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Trude and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Jacobson, Gamache, Knight, Orttel, Trude 19 1615340v1 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as the minutes relate to considering proposals and awarding the competitive negotiated sale of $4,335,000 General Obligation Tax Increment Refunding Bonds, Series 2004B. WITNESS my hand on February 1.1,2004. tL;~ ()# Clerk 21 1615340vl EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1995D CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GNEN that by order of the City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on February 1, 2005 those outstanding bonds ofthe City designated as General Obligation Tax Increment Bonds, Series 1995D, dated October I, 1995, having stated maturity dates in the years 2006 through 2013, and totaling $4,175,000 in principal amount and having CUSIP numbers listed below: Year CUSIP Number* 2006 2007 2008 2009 2010 2011 2012 2013 The bonds are being called at a price of par plus accrued interest to February I, 2005, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank: National Association, Attention: Paying Agent Services, 60 Livingston Avenue, St. Paul, Minnesota 55107. Dated: February 17, 2004 BY ORDER OF THE CITY COUNCIL Isl , Citv Clerk *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience ofthe holders. 1615340vl A-I EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: February 17, 2004 Pursuant to due call, a regular meeting of the City Council of the City of Andover, Minnesota, was duly held at the City Hall on February 17, 2004, at 7: OOP.M., for the purpose in part of considering proposals and awarding the sale of $3,895,000 General Obligation Capital Improvement Bonds, Series 2004A. The following members were present: Jacobson, Knight, Gamache, Orttel, Trude and the following were absent: None Member Trude introduced the following resolution and moved its adoption: RESOLUTION R032-04 RESOLUTION ACCEPTING PROPOSAL ON THE SALE OF $3,895,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT BONDS, SERIES 2004A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, on December 16, 2003, after a public hearing on the same, the City of Andover, Minnesota (the "City") adopted the Capital Improvements Plan 2004-2008 for the City (the "Plan") in accordance with the provisions of Minnesota Statutes, Section 410.326, Subd. 3, which provided for the fInancing the construction of a new fire station and refInancing the existing public works facility; and B. WHEREAS, on January 6, 2004, after publication of notice of public hearing, the City held a hearing on the proposed issuance of general obligation capital improvement bonds pursuant to Minnesota Statutes, Section 410.326, Subd. 2 and no petition signed by voters equal to five percent (5%) of the votes cast in the City in the last general election requesting a vote on the issuance of the Bonds has been filed with the City Clerk within 30 days after the public hearing on the issuance of the Bonds; and C. WHEREAS, the City Council has heretofore determined that it is necessary and expedient to issue $3,895,000 General Obligation Capital Improvement Bonds, Series 2004A (the "Bonds" or individually, a "Bond") pursuant to Minnesota Statutes, Section 410.326 and Chapter 475 to provide funds to finance the costs of certain capital improvements set forth in the Plan; and D. WHEREAS, the City has heretofore determined, in accordance with Minnesota Statutes, Section 410.326, Subd. 4, that the maximum amount of principal and interest to become due in any year on all the outstanding bonds issued under Minnesota Statutes, Section 4 I 0.326, including the Bonds, will equal or exceed 0.05367 percent of taxable market value of property in Anoka County. Year Amount Year Amount 2005 2012 2006 2013 2007 2014 2008 2015 2009 2016 2010 2017 2011 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the forgoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entrv Onlv Svstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered certificate for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 11 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the. "Nominee"). (iii) With respect to the Bonds neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or t617196vl (ix) Any successor Registrar in its written ac<:eptance of its duties under this Resolution and any paying agency registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entrv Onlv Svstem. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bonds if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository can be found which, in the opinion of the City, is willing and able to assume the functions of the Depository hereunder upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bonds that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 12. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 12, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 12. (d) Letter of Reoresentations. The provisions in the Letter of Representations are incorporated herein by reference and made a part hereof. If and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Puroose: Refunding Findings. The Bonds shall provide funds to finance various capital improvements within the meaning of Section 410.326, and as more specifically set forth in the Plan (collectively, the "Improvements" or "Project"). The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The Bonds shall also provide funds for an advance refunding of the 16t7196vl $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and the Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal ofthe Bond so surrendered. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the marmer set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1617196vl Redemption. All Bonds of this issue (the "Bonds") maturing on February I, 2014, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2013, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the Issuer shall determine the maturities and the principal amounts within each maturity to be prepaid; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shan be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shan cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least 30 days prior to the date set for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption cifBonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date, a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shan be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and the Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion ofthe principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $3,895,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on February 17, 2004 (the "Resolution"), for the purpose of providing funds to finance the acquisition and construction of various capital improvements, as defined in Minnesota Statutes, Section 410.326 and described in the Issuer's Capital Improvement Plan, including the acquisition ofthe Issuer's public works facility pursuant to an advance refunding of the outstanding Public Project Revenue Bonds of 1997 (City of Andover Lease Purchase Project) of the Economic Development Authority of the City of Andover (the "Prior Bonds"), dated September I, 1997 (the "Prior Bonds"), pursuant to and in fun conformity with the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 475. This Bond is payable out of the General Obligation Capital Improvement Bonds, Series 2004A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and fun payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. 1617196vl Date of Registration: Registrable by: u.s. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CITY OF ANDOVER, MINNESOTA CERTIFICATE OF AUTHENTICATION This Bond is one ofthe Bonds /s/ Facsimile described in the Resolution Mayor mentioned within. U.S. BANK NATIONAL /s/ Facsimile ASSOCIATION, Clerk Bond Registrar By: Authorized Signature 1617196v1 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE AMOUNT AUTHORIZED SIGNATURE OF HOLDER t617196vl any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrunlent of transfer, in form satisfactory to the Bond Registrar, duly executed by the holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 with respect to interest payment and record date) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 1617196vl (c) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all accrued interest received upon delivery of the Bonds; (ii) capitalized interest in the amount of $ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before , 200~; (iii) all funds paid for the Bonds in excess of $3,846,312; (iv) any collections of all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (v) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof; (vi) on and after December 2, 2004, any unexpended moneys pledged to the Escrow Account or the 1997 Public Project Revenue Bond Fund created by the Prior Resolution; and (vii) all investment eamings on funds held in the Debt Service Account; and (viii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided bylaw. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (I) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account, the Escrow Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code ofl986, as amended (the "Code"). 16. Tax Levv; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct armual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount See Attached The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irreparable so long as any of the Bonds are outstanding and unpaid, provided that the City 1617196vl general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimus anlount of Reimbursement Expenditures not in excess of the lessor of$100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2( d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance ofthe Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, ifmade within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of Bond Counsel for the Bonds stating in effect that such action will not impair the tax -exempt status of the Bonds. 20. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as anlended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSlR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modifY from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSlR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSlR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. 1617196vl 25. No Designation of OuaJified Tax-Exempt Obligations. The Bonds have not been designated as "qualified tax-exempt obligations" within the meaning of Section 265(b )(3) of the Code. 26. Refunding Requirements. (a) Until retirement of the Prior Bonds, all proVISIOns theretofore made for the security thereof shall be observed by the City and all of its officers and agents. (b) On or prior to the delivery of the Bonds the Mayor and City Clerk shall, and are hereby authorized and directed to, execute on behalf of the City the Escrow Agreement. The Escrow Agreement is hereby approved and adopted and made a part of this resolution and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. (c) Securities purchased from moneys in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The City has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. (d) The Prior Bonds which mature on or after December 1,2005, shall be redeemed and prepaid on December I, 2004, in accordance with the terms and conditions set forth in the Notice of Call for Redemption substantially in the form attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated herein by reference. The Notice of Call for Redemption shall be given pursuant to the Escrow Agreement. Failure to give notice by mail to any registered owner, or any defect therein, will not affect the validity of any proceedings for the redemption of the Prior Bonds. (e) Ehlers & Associates, Inc., as agent for the City, is hereby authorized and directed to purchase on behalf of the City and in its name the appropriate United States Treasury Securities, State and Local Govemment Series, and/or open market securities as provided in Section 26(iii), from the proceeds of the Bonds and, to the extent necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. 27. Termination of Lease and Ground Lease. The City hereby elects to exercise its option under Section 10.4 of the Lease with Option to Purchase Agreement between the City and the EDA, dated as of September I, 1997 (the "Lease") to prepay its Rental Payments (as defined in the Lease) through December I, 2004 and deposit funds sufficient to defease the outstanding Prior Bonds as provided in the Escrow Agreement. As provided in the Lease, the City hereby determines and declares that upon the issuance of the Bonds and the funding of the Escrow Account, the Lease and the Ground Lease between the City and the EDA, dated as of September 1,1997 shall be terminated and the EDA shall have no further right, title and/or interest in and to the Public Works Building. 1617196vl STATE OF MlNNESOTA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as the minutes relate to considering proposals and awarding the sale of $3,895,000 General Obligation Capital Improvement Bonds, Series 2004A. WITNESS my hand on February .!L 2004. ~ ad.- Clerk 1617196vl CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 02-46 FOR SANITARY SEWER & WATERMAIN IN THE FOLLOWING AREA FIRE STATION #3. WHEREAS, the City Council did on the 3rd day of Februarv ,2004, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Enqineer and presented to the Council on the 1th day of Februarv , 2004 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 43.628.12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 43,628.12 and waive the Public Hearing. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 1th day of Februarv , 2004 , with Councilmembers Jacobson, Kniqht. Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~ .MIchael R. Gamache - Mayor lLI;~ ()ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 030-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF 2004 OVERLAYS, PROJECT NO. 04-2 IN THE AREA OF KIOWA TERRACE & VALLEY VIEW ESTATES 2ND ADDITION. WHEREAS, pursuant to Resolution No. 015-04, adopted the 20th day of Januarv , 2004 a Feasibility Report has been prepared by the City Enqineer for the improvements: and WHEREAS, such report was received by the City Council on the 1yth day of Februarv ,2004; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated project cost of $ 336.326.72 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 04-2, for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $336.326.72 . 3. A public hearing shall be held on such proposed improvement on the 1st day of March. 2004 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 1 yth day of Februarv , 2004 , with Councilmembers Jacobson. Kniqht. Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: --:::;:;?~~~ L Michael R. Gamache - Mayor - IJ~ !J~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 029-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-27 , Andover-YMCA Community Center Proiect FOR Bid Packaqe #2. Site Work Construction. WHEREAS, as recommended by RJM Construction, construction managers for Project No. 02-27, that the schedule for project completion requires the Council to authorize advertisement for bids for this bid package. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to open at 2:00 p.m., March 9 , 2004 at the Andover City Hall. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a Reqular meeting this 3rd day of Februarv , 20 04, with Councilmembers Gamache. Orttel. Kniqht. Jacobson, Trude voting in favor of the resolution and Councilmembers None voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: O:;t-~ !J~ Victoria Volk - City Clerk g:data/staffi'Paij/resolutions/Comm.CenterProj .02-27advbids.doc 3/10/2004 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 028-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-27 FOR Shop Drawinqs for Pre- Cast Concrete and Structural Steel/Joists and Deckinq WHEREAS, pursuant to advertisement for bids, bids were received, opened and tabulated according to law with results as follows: Bid Cateaorv 3B Precast Concrete Molin $1,662,905 Gage Brothers $1,575,000 Wells Concrete $1,449,462 Hanson Pipe and Products $1,315,973 Bid Cateaorv SA Structural Steel/Joists/Deckina Anderson Iron Works $635,782 Daka Corporation $629,000 Premier Construction Systems $618,211 Standard Iron $602,700 Benz Tool & Iron $598,350 Five Star Welding $570,000 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Hanson Pipe and Products as being the apparent low bidder for Bid Category 3B and Five Star Weldinq as being the apparent low bidder for Bid Category 5A. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with the two low bidders hereto described for shop drawings, which carries a combined contract cancellation fee of $80,000 for the improvements; and direct the City Clerk to return all bidders the deposits made with their bids, except that the deposit of the successful two (2) successful bidders and the next lowest bidders shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Knioht and adopted by the City Council at a Reqular meeting this 3rd day of Februarv , 20 04, with Councilmembers Gamache, Orttel, Kniqht Jacobson, Trude voting in favor of the resolution, and g:data/staffi'paWresolutions/Comm. Center 02-27accbids.doc 3/10/04 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 04-4 ,FOR 2004 SEAL COATING WHEREAS, pursuant to Resolution No. 001-04 , adopted by the City Council on the 6th day of Januarv ,2004, the City of Coon Rapids has prepared final plans and specifications for Project 04-4 for 2004 Seal Coatinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3rd day of Februarv . 2004 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council that bids will be opened Februarv 13 , 2004 at the Coon Rapids City Hall. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reoular meeting this 3rd day of Februarv , 2004 , with Councilmembers Jacobson, Knioht. Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ Il::tvw (J,,/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 026-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER ,PROJECT NO. 04-9, CROSSTOWN MEADOWS. WHEREAS, the City Council has received a petition, dated Januarv 21. 2004, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $5.000.00 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 3rd day of Februarv ,2004, with Councilmembers Jacobson, Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 11~ Ovlb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R025-04 A RESOLUTION APPROVING THE FINAL PLAT OF "CROSSTOWN MEADOWS" AS BEING DEVELOPED BY KODIAK HOMES LOCATED AT THE NORTHEAST CORNER OF 141 sr LANE NW AND CROSSTOWN BOULEVARD, LEGALLY DESCRIBED AS FOLLOWS (P.I.D 27-32-24-33-0072); Outlot A, Kensington Estates 3rd Addition, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as Crosstown Meadows, and; WHEREAS, the Developer has presented the final plat of Crosstown Meadows, and; WHEREAS; the Andover review Committee has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Crosstown Meadows contingent upon receipt of the following: 1. The final plat shall conform to all of the requirements and conditions of approval of the preliminary plat. 2. The City Attorney presenting a favorable opinion. 3. Security to cover legal and engineering costs as determined by the City Engineer. 4. The developer shall provide an escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer that lots are graded according to the approved grading plan. 5. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract & all associated fees, escrows and bonds have been paid. 6. Developer is responsible for obtaining all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. Adopted by the City Council of the City of Andover this 20th day of January, 2004. CITY OF ANDOVER ATTEST: /1.,~ 1J,..tb Victoria Volk, City Clerk lchael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R024-04 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "CROSSTOWN MEADOWS" FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF 141 ST LANE NW AND CROSSTOWN BOULEVARD LEGALLY DESCRIBED AS (P.I.D 27-32-24- 33-0072); Outlot A, Kensington Estates 3rd Addition, Anoka County, Minnesota WHEREAS, the Andover Review Committee has reviewed the preliminary plat, and; WHEREAS, a public hearing was held before the Planning Commission, and; WHEREAS, the applicant has requested Planned Unit Development Review of the proposed plat, and; WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets all other criteria of Ordinance of the City Code, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the preliminary plat with the following conditions: 1. Approval of the preliminary plat is contingent upon approval of a Rezoning and Conditional Use Permit for Planned Unit Development Review. If anyone of these applications fails to be approved, the preliminary plat shall be considered null and void. 2. The Conditional Use Permit for Planned Unit Development review shall regulate the lot size, setbacks, design and materials of the units, landscaping plan, and association documents for the proposed development. 3. The preliminary plat shall conform to the preliminary plat stamped as received by the City of Andover January 16,2004. 4. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. S. Park dedication has been previously satisfied. Trail fees shall be required to be paid on a per unit basis at the rate in effect at the time of preliminary plat approval. 6. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 7. Such plat approval is contingent upon a development agreement that shall include a cash escrow or letter of credit to guarantee the installation of all proposed improvements and landscaping. Such agreement shall also be reviewed and modified as recommended by -~ the City Attorney. Adopted by the City Council of the City of Andover this 20th day of January, 2004. CITY OF ANDOVER ATTEST: IL;t:.,'u./ 0$ -~t<<~~ Victoria V olk, City Clerk MIchael . Ganlache, Mayor CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R023-04 A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT REQUEST OF KODIAK HOMES FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP AN ATTACHED TOWNHOUSE DEVELOPMENT CONSISTING OF SIXTEEN (16) UNITS TO BE KNOWN AS THE SUBDIVISION OF "CROSSTOWN MEADOWS" AT THE NORTHEAST CORNER OF l41sT LANE NW AND CROSSTOWN BOULEVARD. (P.I.D. 27-32-24-33-0072) ON PROPERTY LEGALLY DESCRIBED AS; Outlot A, Kensington Estates 3rd Addition, Anoka County, Minnesota WHEREAS, Kodiak Homes has requested a Conditional Use Permit for a Plarmed Unit Development to establish development standards specific to the proposed Crosstown Meadows development pursuant to City Code 13-3, and; WHEREAS, the Plarming Commission fmds the request meets the criteria City Code 13-3, and; WHEREAS, public hearings were held before the Plarming Commission and the development was modified to address the concerns of the adjacent neighborhood, and; WHEREAS, the applicant has requested a variance to the requirements of City Code 11-3-6 to allow to be below the 100 and 116.5 foot minimum buildability depth requirements, and; WHEREAS, the applicant has requested a variance to City Code 9-1-4 to allow the structures to be similar in architecture, and; WHEREAS, the Plarming Commission finds the request would not have a detrimental effect on the surrounding neighborhood, and; WHEREAS, the Planning Commission recommends to the City Council approval of the Conditional Use Permit for Plarmed Unit Development Review of Crosstown Meadows, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning Commission and permits Kodiak Homes to develop a Plarmed Unit Development on said property with the following conditions: 1. The lots shaH conform to the Preliminary Plat drawing stanlped as received by the City of Andover January 16, 2004. 2. The building setbacks within the development shall conform to Exhibit A. 3. The exterior elevations shall be as illustrated in the attached drawings and the exterior materials shall conform to Exhibit A. 4. The landscaping plan shall conform to the drawing stamped as received by the City of Andover January 16, 2004 except as follows: a. Plant locations along the east side of the development shall tighten to block window to window views across backyards and may relax where this situation does not exist. This can be coordinated at the time the trees are planted. b. The front yard foundation plantings shall be required to be contained within appropriate edging and mulch material. 5. A variance is granted to City Code 11-3-6 to allow Lots 1 and 2 of Block 1 and Lot 8, Block 2 to be developed as shown on the Preliminary Plat stamped as received by the City of Andover January 16,2004. 6. A variance is granted to City Code 9-1-4 to allow the townhouse structures to be similar in architectural design subject to the exterior materials of the townhouse units described in Exhibit A. 7. The Conditional Use Permit for Plarmed Unit Development Review shall be contingent upon the approval of the rezoning, preliminary and final plat of Crosstown Meadows. If anyone of these applications fails to be approved, this Conditional Use Permit shall be considered null and void. 8. A homeowners association shall be created with the following documents provided to the City for review and approval prior to being recorded with the final plat in accordance with City Code 13.3: a. Articles of Incorporation b. By-laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, maintenance of the common areas. 9. The Conditional Use Permit shall be subject to a sunset clause as defined in City Codel2- 15-6. Adopted by the City Council of the City of Andover on this 20th day January, 2004. ATTEST CITY OF ANDOV:ER ~ (),;/b '"'""?!~r"- Victoria V olk, City Clerk ichael R. Gamache, Mayor Exhibit A Crosstown Meadows Development Standards Exterior Materials of the Townhouse Units A variety of earth tones of maintenance free siding shall be used and the color shall not be duplicated on adjacent structures. A minimum of two roof colors shall be provided within the development. The front elevations shall provide wainscoting to consist of both brick and stone within the development. The exterior elevations shall otherwise conform to the attached building elevations stamped as received by the City of Andover on January 6, 2004. Building Setbacks ~ -- Front Yard 16.5 feet to property line (30 feet to curb) Rear Yard 30-90 feet House Side Yard 11-14 feet Garage Side Yard Attached Comer Side Yard 20-37 feet to property line (35 - 52 feet to curb) Any yard from County Road 70-90 feet CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 022-04 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 04-5 FOR THE SUNSHINE PARK BALL FIELD LIGHTING IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the ball field lighting improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Sunshine Park Ball Field Liqhtinq Improvements, Project 04-5; and BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of Wunderlich-Malec to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 20th day of Januarv , 2004 , with Councilmembers Jacobson, Trude, Orttel, Kniqht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~ Michael R. Gamache - Mayor ~ (/vIZ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R021-04 A RESOLUTION APPROVING THE VARIANCE REQUEST FOR FOUR PROPERTIES TO VARY FROM CITY CODE 12-4-3 TO ALLOW REVISED SETBACKS FROM COUNTY HIGHWAY 9: WHEREAS, The property located at 14268 Round Lake Boulevard shall be granted a 13-foot variance to their front yard setback from a County Highway, and; WHEREAS, The property located at 14545 Round Lake Boulevard shall be granted an 8-foot variance to their front yard setback from a County Highway, and; WHEREAS, The property located at 14555 Round Lake Boulevard shall be granted a 16-foot variance to their front yard setback from a County Highway, and; WHEREAS, The property located at 14964 Round Lake Boulevard shall be granted a l4-foot variance to their front yard setback from a County Highway, and; WHEREAS, the City Council finds that the special circumstances for the subject property are as follows: I. The properties were legal or legal non-conforming prior to Anoka County Highway Department Project # 02-609-12, the Round Lake Boulevard Reconstruction. 2. Anoka County Highway Department Project # 02-609-12, the Round Lake Boulevard Reconstruction is solely responsible for the non-conforming setbacks created on these properties. WHEREAS, the City Council finds that the variance will not be detrimental to the health, safety or welfare of surrounding properties, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to vary from City Code 12-3-4 to permit the revised setbacks for the aforementioned properties. Adopted by the City Council of the City of Andover on this 20th day of January 2004. CITY OF ANDOVER ~~~d~ ATtlST: {/. ichael R. Gamache, Mayor .~~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 020-04 CRT Waste Resolution WHEREAS, technological advances in the areas of computers and televisions have created an inadvertent environmental problem when electronic products need to be disposed; and WHEREAS, this waste stream, called E-waste, includes old TVs and computer monitors that have picture tubes or cathode ray tubes containing 2 to 8 pounds oflead per tube; and WHEREAS, these items contribute to lead in our water, air, and soil when disposed with other mixed wastes; and WHEREAS, the City of Andover supports efforts to ensure a long -term and sustainable system to ensure the proper management of old TV s and computers without reliance on goverurnent-only solutions. NOW, THEREFORE, BE IT RESOLVED that the City of Andover supports the Solid Waste Management Coordinating Board's legislative initiative incorporating manufacturer responsibility, reliable and convenient collection options, responsible recycling ofCRTs, Plasma TVs, LCD (all television receivers and monitors) a mechanism to address the backlog ofCRTs, Plasma TVs, LCD (all television receivers and monitors) and a preference for advance recycling fees without reliance on local govemment for management ofCRTs, Plasma TVs, LCD (all television receivers and monitors) effective July 1, 2005. Adopted by the City Council of the City of Andover this 20th day of Januarv. 2004. CITY OF ANDOVER ATTEST: ~ tJvfb Victoria V olk-City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R019A-04 MOTION by Council member JaEsbsSII to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-46 ,FIRE - STATION #3 . WHEREAS, pursuant to Resolution No. -04 , adopted by the City Council on the 20th day of Januarv , 2004, the City Enqineer has prepared final plans and specifications for Project 02-46 for Fire Station #3. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of Januarv , 2004 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 2:00 p.m. , Februarv 17 ,2004 at the Andover City Hall. MOTION seconded by Council member TrudE' and adopted by the City Council at a reqular meeting this 20th day of Januarv , 2004 , with Council members Kniqht. Jacobson. Orttel. Gamache. TruQating in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~Rcd~ .~ Mic ael R. Gamache - Mayor tLfM..- () 4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R019-04 MOTION by Council member Jacobson to adopt the following: n A RESOLUTION ORDERING PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 02-46. FIRE STATION #3. BE IT FURTHER RESOLVED by the City Council to hereby direct Buetow & Associates to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 20th day of Januarv , 2004 , with CouncilmembersKnight, Gamache,Orttel.Jacobson. Trude voting in favor of the resolution, and Councilmembers nl\.n~ voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~4 R ~n>' 1#~ M' ael R. Gamache - Mayor ~ ()"Lb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 018-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #2. TO PROJECT NO. 99-15, WATER TREATMENT PLANT. WHEREAS, the City of Andover has a contract for Project No. 99-15 with Rice Lake Contractinq of Deerwood. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 99-15. Adopted by the City Council of the City of Andover this 20th day of Januarv , 2004. CITY OF ANDOVER ATTEST: 2~~~~r ~ (/.,/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 017-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 2 (COMPENSATING) TO PROJECT NO. 02-49. WOODLAND ESTATES 4TH ADDITION. WHEREAS, the City of Andover has a contract for Project No. 02-49 with Three Riyers Construction. Inc. of Lakeland. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 02-49. Adopted by the City Council of the City of Andover this 20th day of Januarv , 2004. CITY OF ANDOVER ATTEST: ~R#--A- Michael R. Gamache - Mayor ~ O/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 016-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...1.. TO PROJECT NO. 02-49, WOODLAND ESTATES 4TH ADDITION. WHEREAS, the City of Andover has a contract for Project No. 02-49 with Three Riyers Construction, Inc. of Lakeland. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 02-49. Adopted by the City Council of the City of Andover this 20th day of Januarv , 2004. CITY OF ANDOVER ATTEST: ~/?d.-L rv1ichael R. Gamache - Mayor ~:.v tJ& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 015-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF 2004 OVERLAYS PROJECT NO. 04-2, IN THE AREA OF KIOWA TERRACE AND VALLEY VIEW ESTATE~ ADDITION. WHEREAS, the City Council of the City of Andover is cognizant of the need for the improyements, specifically 2004 Qyerlays in the following described area: Kiowa Terrace and Valley View Estates 2nd Addition ; and WHEREAS, the City Council proposes to assess the benefiting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 20th day of Januarv , 2004 , with Councilmembers Jacobson, Trude, Orttel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: -~c/~ fl;t-~ {)/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 014-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 04-3 FOR THE 2004 CRACK SEALING IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the crack sealing improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2004 Crack Sealinq Improvements, Project 04-3; and BE IT FURTHER RESOLVED by the City Council to hereby direct the City Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 20th day of Januarv , 2004 , with - Councilmembers Jacobson. Trude, Orttel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ichael R. Gamache - Mayor ~ {/# Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R013-04 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO EXPAND THE METROPOLITAN URBAN SERVICE BOUNDARY TO INCLUDE PROPERTY LEGALLY DESCRIBED AS THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 32 RANGE 24, ANOKA COUNTY, MINNESOTA (P.I..D. 21-32-24-14-0001) AND TO REMOVE PROPERTY LEGALLY DESCRIBED AS THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 32, RANGE 24 (P.I.D. 21-32-24-44-0001) FROM THE 2020 METROPOLITAN URBAN SERVICE AREA (MUSA), WHEREAS, Woodland Development has requested the City of Andover to amend the Comprehensive Land Use Plan as follows: I. To include the subject property legally described as the southeast quarter of the northeast quarter of Section 21, Township 32 Range 24, Anoka County, Minnesota (P..I.D. 21-32- 24-14-0001) within the 2020 Metropolitan Urban Service Area (MUSA), and; 2. To include the subject property legally described as the southeast quarter of the northeast quarter of Section 21, Township 32 Range 24, Anoka County, Minnesota (P.I.D. 21-32- 24-14-0001) within the current stage (2000-2005) of sewer expansion, and; 3. To change the Land Use Designation for property legally described as southeast quarter of the northeast quarter of Section 21, Township 32 Range 24, Anoka County, Minnesota (P.I.D. 21-32-24-14-0001) from Rural Residential (RR) to Urban Residential Low Density (URL). 4. To remove a property legally described as the Southeast Quarter of the Southeast Quarter of Section 21, Township 32, Range 24, Anoka County, Mirmesota (P.I.D. 21-32-24-44- 0001) from the 2020 Metropolitan Urban Service Area (MUSA) and Sewer Expansion Plan and place this property into the Rural Reserve, and; WHEREAS, The 2020 Metropolitan Urban Service Area (MUSA) does not include the property legally described as the southeast quarter of the northeast quarter of Section 21, Township 32 Range 24, Anoka County, Minnesota (P.I.D. 21-32-24-14-0001), and; WHEREAS, analysis of the City's sanitary sewer trunk system has determined that sufficient capacity exists to serve the subject property, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Plarming and Zoning Commission recommends to the City Council denial of the proposed comprehensive plan amendment, and; WHEREAS, The Council finds the proposed expansion of the Metropolitan Urban Service Area can be done in a logical and comprehensive fashion and questions raised by staff as to how the proposal wilJ fit with existing and future development have been satisfactorily answered, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has reviewed the recommendation of the Plarming and Zoning Commission and adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: I. Extend the 2020 Metropolitan Urban Service Boundary (MUSA) to include the property legally described as the southeast quarter of the northeast quarter of Section 21, Township 32 Range 24, Anoka County, Mirmesota and approve the addition of the subject property to the 2000-2005 stage of sewer expansion on the City's Sewer Expansion Plan. 2. Change the land use designation for property legally described as southeast quarter of the northeast quarter of Section 21, Township 32 Range 24, Anoka County, Minnesota from Rural Residential eRR) to Urban Residential Low Density (URL). 3. Remove property legally described as the Southeast Quarter of the Southeast Quarter of Section 21, Township 32, Range 24 from the 2020 Metropolitan Urban Service Area (MUSA) and Sewer Expansion Plan and place this property into the Rural Reserve, 4. Subject to review and approval by the Metropolitan Council. Adopted by the City Council of the City of Andover on this 6th day of January, 2004. CITY OF ANDOVER ATTEST: Jl~ l)~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R012-04 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "OAKVIEW PARK" FOR EMERICH DEVELOPMENT CORPORATION ON PROPERTY LOCATED AT 1374 l61sT AVENUE NW (P.I.D. 14-32-24-31-0003) LEGALLY DESCRIBED AS: The West Half of the West Half of the Northeast Quarter of the Southeast Quarter of Sectionl4, Township 32, Range 24, Anoka County, Minnesota, except Parcel Number 59, Anoka County Highway Right of Way Plat No. 20. Also the West Half of the West Half of the Southeast Quarter of the Southeast Quarter ofSectionl4, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Plarming and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, the applicant has requested a variance to the 500 foot maximum cul-de-sac length provided in City Code 11-3-3 to allow two cul-de-sacs that will extend beyond the 500 foot maximum, and; WHEREAS, the City Council finds that the special circumstances for the proposed variance are The existence of wetlands and surrounding development preclude a roadway design or connection that would allow the development to conform with the maximum cul-de-sac length prescribed by City Code 11-3-3. WHEREAS, as a result of such public hearing, the Plarming and Zoning Commission recommends to the City Council the approval of the plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Plarming and Zoning Commission and approves the preliminary plat with the following conditions: 1. The preliminary plat shall conform to the plat drawing revised October 27,2003 and stamped received by the City of Andover October 31,2003. 2. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 3. Contingent upon the approval of the Rezoning of the property to R-4 Single Family Urban Residential. If this request fails to be approved, the preliminary plat shall be considered null and void. 4. Park dedication shall be a combination of land and cash as shown on the approved plat and subject to the park dedication requirements of City Code 11-3-7. 5. Trail fees shall be paid on a per lot basis based on the rate in effect at the time of preliminary plat approval. 6. A variance to allow two cul-de-sacs as shown on the approved plat to exceed the 500 foot maximum length requirement of City Code11-3-3 is granted based on the findings listed in this resolution. 7. Outlots A and B shall be combined with the adjacent residential properties from the Cambridge Estates Second Addition and Chesterton Commons Third Addition. 8. The trail connection from the southern cul-de-sac to Drake Street NW shall be constructed at the developer's expense and a credit towards the park dedication fee will be given to the developer for the work that is done. 9. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 10. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part ofthis agreement to assure typical subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 6th day of January, 2004. CITY OF ANDOVER ATT~ST: ')~ /?~~ '(/ (L~/. " "-/1~. ---;:, ..... Victoria V olk, City Clerk lchael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Resolution No. ROll-004 Council Member Orttel introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $4,335,000 General Obligation Tax Increment Refunding Bonds, Series 2004B A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $4,335,000 General Obligation Tax Increment Refunding Bonds, Series 2004B (the "Bonds"), to refinance through an advance refunding of the $6,055,000 G.O. Tax Increment Bonds, Series 1995D; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota, as follows: 1. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Opening. The City Council shall meet at 7:00 p.m. on February 17, 2004, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Knight and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Gamache, Jacobson, Knight, Orttel and Trude and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. Dated this 6th day of January, 2004. iL~ tlLb City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Resolution No. R 010-004 Council Member Orttel introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $3,895,000 General Obligation Capital Improvement Plan Bonds, Series 2004A A. WHEREAS, the City Council ofthe City of Andover, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $3,895,000 General Obligation Capital Improvement Plan Bonds, Series 2004 (the "Bonds"), to finance a new fire station and to advance refunding the outstanding maturities of the EDA's $2,350,000 Public Project Revenue Bonds, Series 1997 (public works facility) as a general obligation bond; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Mirmesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Mirmesota, as follows: I. Authorization: Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Opening. The City Council shall meet at 7:00 p.m. on February 17, 2004, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In cormection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver ii on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Knight and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Gamache, Jacobson, Knight, Orttel and Trude and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. Dated this 6th day of January, 2004. d:;;t,~ db City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA q RES. NO. ROOll'-04 A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes sets forth the procedures for the deposit of public funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other financial institutions are, from time to time, able to pay the City of Andover interest rates on deposits that are greater than can be obtained from the official depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's official depositories for 2004 are the Anoka office of Wells Fargo Bank Minnesota, N.A., the Andover office of US Bank and 1 st Regions Bank. BE IT FURTHER RESOLVED that Wells Fargo Investment Services Inc. and Wells Fargo Institutional Trust; the Minnesota Municipal Money Market Fund; Northland Securities; Miller, Johnson, Steichen, and Kinnard, Inc.; Legg Mason Inc.; Citigroup Global Markets Inc.; Multi Bank Securities Inc.; UBS PaineWebber Inc.; Wachovia Securities; and Morgan Keegan & Company be designated as additional depositories for 2004 for investment and cash management purposes only. BE IT STILL FURTHER RESOLVED that the Finance Director of the City of Andover is hereby designated as the approval authority for the release and acceptance of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. Adopted by the Andover City Council on the 6th day of January 2004. CITY OF ANDOVER ATTEST: (jAif~ iJ$ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R- 008-04 A RESOLUTION APPROVING THE 2004 CDBG FUNDING REQUEST WHEREAS, the City of Andover has reviewed the funding criteria for the Community Development Block Grant program (CDBG); and WHEREAS, the City of Andover has experienced a need to renovate a number of older duplexes that are predominately occupied by low and moderate income individuals; and WHEREAS, a revolving loan program for businesses in the Hughs Industrial Park that would agree to hire low and moderate income persons could be used to upgrade buildings, sites and equipment in the industrial park; and WHEREAS, these three projects meet the general criteria for funding assistance through the Community Development Block Grant (CDBG) program. NOW THEREFORE, BE IT RESOLVED, the City Council finds that they support the request for CDBG funds for these uses in the following amounts: Duplex Renovation $150,000 Economic Development (Revolving Loan Fund-Hughs Ind. Park) $150.000 Total $300,000 and further requests Anoka County Community Development consider approving them for implementation in 2004. Adopted by the City Council of the City of Andover this 6th day of January, 2004. CITY OF ANDOVER Attest: ~R~~ .A . hael R. Gamache - Mayor ()~ (j.,a Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 007-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #2 (COMPENSATING) TO PROJECT NO. 01-30, PRAIRIE ROAD RECONSTRUCTION. WHEREAS, the City of Andover has a contract for Project No. 01-30 with W.B. Miller. Inc. of Elk River. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 01-30. Adopted by the City Council of the City of Andover this 6th day of Januarv ,2004. CITY OF ANDOVER ATTEST: ~~ -e: Ichael R. Ga ache - Mayor tlr,w 04 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 006-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 03-35 FOR SANITARY SEWER. WATERMAIN, STREETS AND STORM SEWER IN THE FOLLOWING AREA BUNKER LAKE VILLAGE. WHEREAS, the City Council did on the 18th day of November , 2003, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibilitx study was prepared by TKDA and presented to the Council on the 6 h day of January , 2004 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 672.182.08 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 672.182.08 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby require the developer to escrow for the sum of $ 24,300.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of Januarv , 2004 , with Councilmembers Kniqht. Jacobson, Orttel, Trude, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: aX~ ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 005-04 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 03-37 FOR SANITARY SEWER, WATERMAIN & STREETS IN THE FOLLOWING AREA OF DONOHUE CREEKSIDE ADDITION. WHEREAS, the City Council did on the 16th day of December , 2003, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Enqineer and presented to the Council on the 6th day of Januarv ,2004; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $32,964.55 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 32.964.55 and waive the Public Hearing. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of Januarv , 2004 , with Councilmembers Kniqht. Jacobson, Orttel. Trude, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: '~?;?A~ Michael R. Gamache - Mayor {Lt;~-, ()& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 004-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 03-38 FOR SANITARY SEWER IN THE FOLLOWING AREA OF 14545 ROUND LAKE BOULEVARD NW. WHEREAS, the City Council did on the 16th day of December , 2003, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility stud~ was prepared by the City Enqineer and presented to the Council on the 6 day of Januarv ,2004; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 4.191.88 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 4,191.88 and waive the Public Hearing. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of Januarv , 2004 , with Council members Kniqht, Jacobson. Orttel. Trude. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~J Michael R. Gamache - Mayor U~ I)d!b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 003-04 A RESOLUTION APPROVING THE EXPENDITURES OFF THE MUNICIPAL STATE AID STREET SYSTEM AND ONTO THE COUNTY STATE AID AND HIGHWAY SYSTEM WITHIN THE CITY OF ANDOVER. WHEREAS, it has been deemed advisable and necessary for the City of Andover to participate in the cost of a construction project located on C.SAH. No. 9 and within the limits of said municipality; and WHEREAS, said construction project has been approved by the Commissioner of Transportation and identified in his records as (SAP.) No. 198-020-17 NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $507.481.65 dollars to apply toward the construction of said property and request the Commissioner of Transportation to approve this authorization. Adopted by the City of Andover this 6th day of Januarv , 2004. CITY OF ANDOVER ATTEST: ~~~ M' ael R. Gamac e - Mayor t.L,;z-w tJ rlL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 002-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #1. TO PROJECT NO. 99-8A. WELL #8 PUMPING SYSTEM. WHEREAS, the City of Andover has a contract for Project No. 99-8A with Mark J. Traut Wells Inc. of Waite Park. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 99-8A. Adopted by the City Council of the City of Andover this 6th day of Januarv ,2004. CITY OF ANDOVER ATTEST: ~~~~ MiChael R. Gamache - Mayor (L;t,.w !J4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 001-04 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 04-4 FOR THE 2004 SEAL COATING IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the seal coating improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2004 Seal Coatinq Improvements, Project 04-4; and BE IT FURTHER RESOLVED by the City Council to hereby direct the City of Coon Rapids to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 6th day of Januarv , 2004 , with Councilmembers Kniqht. Jacobson. Orttel. Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~KcA~ Mlchae R. 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'" '" > " '"" 0 0 ~ ". 0. o' " ::3 0. s-: 0 ~ fII 0 " " " '" " - - - - - - - - - - - - - - - - - - - - - - - - - ~ ~ N N N N N N N N N N N N N N N N N - - - - - - 0 ~ j:::; j:::; j:::; j:::; j:::; j:::; ~ j:::; 0 0 0 ~ ~ ~ 0 0 ~ ~ ~ ~ ~ ~ N N N N 0 0 0 - - - - 0 0 " - - - - ::3 - - - - - - ..., ..., ..., ..., ..., ..., ..., ..., '" '" '" '" W W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 ~ ~ ~ ~ 0 0 0 ~ ~ ~ ~ ~ ~ " 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... W I;' ~ :;;: " Q ~ ., 0 ... U> " ... - Z 'CI 0"" " OW 3 N'" <T 0 '" " ., CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. I96A-04 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF PENTAGON HOLDINGS, LLC FOR PROPERTY DESCRIBED AS: That part of the City of Andover that is covered by Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Community Panel Number 270689 0010 B. WHEREAS, Pentagon Holdings, LLC has requested a Conditional Use Permit to amend the Flood Insurance Rate Map; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code; and WHEREAS, the Planning and Zoning Commission fmds the request would not have a detrimental effect upon the health, safety and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit request. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit to amend the Flood Insurance Rate Map (FIRM) for said property with the following conditions: 1. The amendment to the Flood Insurance Rate Map (FIRM) be given final approval by the Federal Emergency Management Agency (FEMA). 2. The calculations be field verified on the negatively impacted properties. Adopted by the City Council of the City of Andover this 16th day of November, 2004. CITY OF ANDOVER Attest: {~ ()ffi Victoria V oIk - City Clerk