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Oi <::: '" ;a '" '" 0 ,5 '0 <::: ... ::: u U U ... ..9 0 t;:: ~ .... <::: 0 ..9 u oj " Jj oj u 0) " 0) " ..s " " " ;>- ;>- ;>- ;a .0 ... u ;>- ;>- 0 0 0 <::: .~ e e ~ 0 0 ~ ~ ~ s :g 0 .g ::I ~ ~ '0 '" ...: ...: ...: ...: p.. ...: ...: '" ...: ...: ...... 'lO "" "" "" "" "" "" "" "" "" "" 0 0 0 0 0 0 0 0 0 0 '" , , , , , , , , , , cu 0 ...... N "" "1' V') 'D r- oo 0\ Cl: "" "" "" "" "" "" "" "" "" "" N N N N N N N N N N ('tl o o N ..... CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R238-03 A RESOLUTION APPROVING CONDITIONAL USE PERMIT TO ALLOW A CHURCH TO BE LOCATED IN A RESIDENTIAL ZONING DISTRICT AT SOUTH COON CREEK DRIVE NW (P.LD. 28-32-24-31-0003) LEGALLY DESCRIBED ON EXHIBIT A; WHEREAS, The Coon Rapids Christian Church has requested a Conditional Use Permit to allow a church to be located in a residential zoning district, 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, 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 Special 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 allow a church to be located in a residential zoning district subject to the following conditions; L Successful completion of the Commercial Site Plan Review process with the City of Andover. 2.' Require and escrow for the estimated cost of striping at Crosstown and Coon Creek Drive until it is determined that striping is needed after discussions with the County and a determination of the escrow would be determined by the City Engineer. 3. An identification sign shall be permitted as indicated on the plan set dated October 21,2003 and stamped received by the City of Andover October 21, 2003. 4. Screening from the residential properties shall be provided to conform to City Code 12-14- 10E. 5. Lighting shall be required to be provided with cutoff and shielded light fixtures to prevent glare onto adjacent residential properties. 6. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 15-6D. 7. The church shall be required to conform to all applicable fire and building codes. CITY OF ANDOVER ATTEST: tL.t-~ artL Victoria Volk, City Clerk Adopted by the City Council of the City of Andover on this 16th day of December, 2003. -?)/~~~-4 Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 711i-01 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2004 BUDGET AND 2004 PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certifY to the County Auditor an adopted tax levy and budget prior to December 29, 2003; and WHEREAS, Minnesota State Law requires the City to certifY to the State of Minnesota Department of Revenue an adopted tax levy by December 30, 2003. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2004 City of Andover Budget and the 2004 property tax levy totaling $6,78 1,700 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2004 City of Andover Budget by fund type as follows: REVENUES EXPENDITURES General Fund Special Revenue Funds Debt Service Funds Capital Projects Funds Enterprise Funds Internal Service Funds Total $ 6,899,231 916,054 12,049,025 14,151,838 3,498,598 658,000 $ 38,172,746 General Fund Special Revenue Funds Debt Service Funds Capital Projects Funds Enterprise Funds Internal Service Funds Total $ 6,972,886 894,780 12,109,541 17,261,920 4,496,780 686,962 $ 42,422,869 Adopted by the City of Andover this 16th dsy of December 2003. ATTEST: CITY OF ANDOVER '~~A~ Michael R. Gamache - Mayor (J;d;-u-./ ()~;t, Victoria Volk - City Clerk STATE OF MlNNESOTA) 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 certifYthat I have carefully compared the attached Resolution No. 236=0"f1opting the City of Andover 2004 Budget and 2004 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 16th day of December 2003. Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MJNNESOTA RES. NO 71,-01 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2004-2008 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 pnblic'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 RESOL VEO that the City Council of the City of Andover hereby adopts the 2004-2008 City of Andover Capital Improvement Plan. Adopted by the City of Andover this 16th day ofOecember 2003. ATTEST: 0.uTU<-' ()~ Victoria V olk - City Clerk CITY OF ANDOVER '-;?~.~ :.?~-L . ael R. Gamache - Mayor STATE OF MlNNESOTA) 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 certiJY that I have carefully compared the attached Resolution No. ~~dopting the City of Andover 2004-2008 Capital Improvement Plan with the original record thereof preserved in my office, and have found the same to he true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto suhscribed my hand this 16th day of December 2003. ~~- /),jp Victoria V olk - City Clerk EXTRACT OF MUNUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: December 16, 2003 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Minnesota, was duly held at the City Hall in said City o~ Tuesday, the 16th day of December, 2003, at 7:00 P.M., for the purpose in part of calling for a public hearing on a capital improvement plan and the issuance of Capital Improvement Bonds. The following members were present: Jacobson, Knight, Orttel, Gamache, Trude And the following members were absent: None Member Jacobson introduced the following resolution and moved its adoption: RESOLUTION 234-03 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS WHEREAS, A. Pursuant to Minnesota Statutes, Section 410.326, the City of Andover, Minnesota (the "City") is authorized to issue bonds to fmance capital improvements described therein; and B. Prior to the issuance of bonds for a capital improvement project, the City Council must hold a public hearing, as required by Minnesota Statues, Section 410.326, Subdivision 2; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: (1) Hearing. A public hearing on the issuance of Capital Improvement Bonds to fmance capital improvements related to a new fIre station and refInance existing obligations related to a public works facility will be held at the time and place set forth in the Notice of Hearing attached hereto as Exhibit A and hereby made a part hereof. (2) Notice. The City Clerk is hereby authorized and directed to cause notice of said hearing in substantially the form attached hereto as Exhibit A to be given one publication in a newspaper of general circulation in the City at least 14 days but not more then 28 days before the bearing. The newspaper must be the City's official newspaper or one of general circulation in the City, and the notice must be published at least once. The motion for the adoption ofthe foregoing resolution was duly seconded by member Trude and, upon a vote being taken thereon after full discussion thereof, the following voted in favor thereof: Knight, Gamache, Orttel, Jacobson, Trude And the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 2 STATE OF MINNESOTA ) )SS COUNTYOFANOKA ) I, the undersigned, being duly qualified and acting Clerk of the City of Andover, Minnesota (the "City"), by reason of my office as Clerk, DO HEREBY CERTIFY that I have compared and 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 ofa meeting of the City Council of the City, duly called and held on the date therein indicated, insofar as such minutes relate to the calling of a public hearing on the proposed issuance of Capital Improvement Bonds to finance capital improvements therewith. WITNESS my hand this 16th day of December 2003. tLt-~ O""L- City Clerk 3 EXlllBIT A NOTICE OF PUBLIC HEARING CITY OF ANDOVER 2003-2008 CAPITAL IMPROVEMENT PLAN AND NOTICE OF INTENTION TO ISSUE CAPITAL IMPROVEMENT BONDS Notice is hereby given that a public hearing has been scheduled for Tuesday January 6th, 2003 at 7:00 p.m. in the City Hall, Andover, Minnesota. The purpose of the public hearing is the (the "City") consideration of the issuance of Capital Improvement Bonds in the amount not to exceed $5,000,000 as part of the City's Capital Improvement Plan. The bonds are to pay for the costs of a new fire station and refinance existing obligations related to a public works facility. The plan identifies estimated capital expenditures and funding sources for a five-year period. If approved by the City, the plan will enable the issuance of general obligation bonds by the City. A referendum on the question of issuing the bonds must be held if a petition requesting a vote on the issuance is signed by votes equal to five percent of the votes cast in the City in the last general election and is filed with the City Clerk within 30 days after the public hearing. A copy of the plan is available for inspection in the City Clerk's Office, City Hall, 1685 Crosstown Blvd. NW, Andover, Minnesota 55304. Questions or comments may be directed to the Finance Director's Office at 763-755-5100. Vicki V olk City Clerk AI CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R233-03 A RESOLUTION AMENDING CONDITIONAL USE PERMITS 92-16 AND 99-26 TO ALLOW A PRESCHOOL AND EXTENSION OF TIME FOR THE REMOVAL OF TEMPORARY CLASSROOMS AT 16045 NIGHTINGALE STREET NW (P.I.D. 15-32-24-42-0006) LEGALLY DESCRIBED AS; That part of the Northwest quarter of the Southeast quarter of Section 15, Township 32, Range 241ying Southerly of the Southerly right-of-way line ofCSAH No. 20 and lying Northwesterly of the following described line: Beginning at a point on the West line of said Northwest quarter of the Southeast quarter thence 663 feet south of the Northwest corner thereof, thence East parallel with the north line thereof 402 feet, thence Northeasterly to a point on said southerly right-of-way line of CSAH No. 20, Anoka County, Minnesota WHEREAS, The Family of Christ has requested an amendment to Conditional Use Permit 92-16 to allow a preschool, and; WHEREAS, The Family of Christ has requested an amendment to Conditional Use Permit 99-26 to allow a time extension of five years for removal of the temporary classrooms, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of the City Code, 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 Amendment request, 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 Conditional Use Permit to allow a preschool and a time extension of five years for the removal ofthe temporary classrooms, subject to the following conditions; 1. The preschool shall substantially conform with the description provided in the letter from the Family of Christ Church dated November 17,2003 and stamped received by the City of Andover November 18, 2003. 2. The applicant shall obtain all necessary licenses and approvals from the State of Minnesota. 3. The preschool shall conform to all applicable building and fire codes. 4. The temporary classrooms shall be removed by November of2008 or at the time the Family of Christ sells the church, whichever comes first. In the event that the subject property is sold to another church, the temporary structure shall be allowed to remain no longer than November of2008. 5. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-15-7D. Adopted by the City Council of the City of Andover on this 16th day of December, 2003. CITY OF ANDOVER A TlEST: (";-di,_, If 4 Victoria Volk, City Clerk ~a~~~ ichael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R 232-03 A RESOLUTION APPROVING THE FINAL PLAT OF "THE VILLAGE AT ANDOVER STATION" BEING DEVELOPED BY BRUGGEMAN PROPERTIES, LLC. LOCATED ALONG STATION PARKWAY IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS: Lot 2, Block 2, Except the west 35 feet thereof, Andover Station, Anoka County, Minnesota. WHEREAS, the City Council has approved the preliminary plat ofthe project to be known as "The Village at Andover Station"; and WHEREAS, the Developer has presented the final plat of "The Village at Andover Station"; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat of "The Village at Andover Station". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of "The Village at Andover Station" contingent upon the following: I. Compliance with all conditions indicated in the preliminary plat resolution. 2. The City Attorney presenting a favorable title opinion. 3. Security to cover legal and engineering costs as determined by the City Engineer. 4. The Developer shall 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 stating that all lots are graded in accordance with the approved grading plan. 5. Subject to trail easements along Station Parkway being dedicated (by separate document) along with the final plat recording. 6. The street name shall be changed to Partridge Circle. 7. Compliance with all modifications to the landscape plan contained in memo dated December 10, 2003 from Kameron Kytonen. 8. Subject to final review of City Staff for compliance with City ordinances, policies, guidelines and conditions of preliminary and final plat approval. 9. 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. 10. Payment of a park dedication fee as recommended by the Park and Recreation Commission and approved by the City Council. Adopted by the City Council of the City of Andover this 16th day of December, 2003. CITY OF ANDOVER A ITEST: {l.~N ()ffi Victoria Volk, City Clerk A'J -A CITY OF NDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION R23l-03 A RESOLUTION APPROVING COST-OF-LNING 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 inflatioll!uy increases in cost-of-living standards as measured by the Consumer Price Index (CPI) and regional economic and market-based indicators; and WHEREAS, the annual percentage adjustments on one(l) percent effective January 1,2004 and one (1) percent effective July 1,2004 are within the expenditure guidelines established in the 2004 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, TIIEREFORE, BE IT RESOLVED that the City Council hereby approves cost-of-living adjustment of one (1) percent effective January 1, 2004 and one (1) percent effective July 1,2004, for all non-represented employees. Adopted by the City Council of the City of Andover this 16th day of December , 2003. CITY OF ANDOVER Attest: M~~4:: .It ~()~ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 230-03 A RESOLUTION APPROVING THE LOT SPLIT/SUBDIVISION REQUEST OF THE CITY OF ANDOVER TO SUBDIVIDE THE SLYZUK PROPERTY AT 15211 NIGHTINGALE STREET NW PROPERTY INTO FOUR RURAL RESIDENTIAL LOTS. EXISTING SL YZUK LEGAL DESCRIPTIONS (2 PARCELS): Parcel 1 The Northwest Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota, EXCEPTING therefrom, a strip of land 20 rods wide running along the South line of said described tract, AND EXCEPT that part thereof described as follows: Beginning at a point on the West line of said Northwest Quarter of Southeast Quarter distant 835.0 feet North of the Southwest comer of said Northwest Quarter of Southeast Quarter; thence East at right angles 264.0 feet; thence South parallel with said West line 165.0 feet; thence West at right angles 264.0 feet to said West line; thence North along said West line 165.0 feet to the point of beginning. PID 22-32-24-42-0002 Land around homestead with access onto Nightingale Street NW. A separate buildable lot. Parcel 2 That part of the Northwest Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota, lying West of the East 640.0 feet thereof and lying Northerly of the South 330.0 feet thereof, described as follows: Beginning at a point on the West line of said Northwest Quarter of Southeast Quarter distant 835.0 feet North of the Southwest corner of said Northwest Quarter of Southeast Quarter; thence East at right angles 264.0 feet; thence South parallel with said West line 165.0 feet; thence West at right angles 264.0 feet to said West line; thence North along said West line 165.0 feet to the point of beginning. PID 22-32-24-42-0001 Doc# 1835467\1 Homestead with access onto Nightingale Street NW. A separate buildable lot. FOUR LEGAL DESCRIPTIONS FOR 4 SEPARATE LOTS AFTER SUBDIVISION: Parcel A That part of the Northwest Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota, lying west of the east 640.00 feet thereof and lying northerly of the south 330.00 feet thereof; EXCEPT THAT PART OF THE Northwest Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, described as follows: Beginning at a point on the West line of said Northwest Quarter of Southeast Quarter distant 835.0 feet North of the Southwest comer of said Northwest Quarter of Southeast Quarter; thence East at right angles 264.0 feet; thence South parallel with said West line 165.0 feet; thence West at right angles 264.0 feet to said West line; thence North along said West line 165.0 feet to the point of beginning. Land around homestead with access onto Nightingale Street NW. A separate buildable lot. PID 22-32-24-42-0002 (may be renumbered). Parcel D That part of the Northwest Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, described as follows: Beginning at a point on the West line of said Northwest Quarter of Southeast Quarter distant 835.0 feet North of the Southwest comer of said Northwest Quarter of Southeast Quarter; thence East at right angles 264.0 feet; thence South parallel with said West line 165.0 feet; thence West at right angles 264.0 feet to said West line; thence North along said West line 165.0 feet to the point of beginning. PID 22-32-24-42-0001 Doc# 1835467\1 2 Homestead with access onto Nightingale Street NW. A separate buildable lot. Parcel B: That part west 285.00 feet of the east 640.00 feet of the Northwest Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, Anoka County, Miunesota, lying Northerly ofthe South 330.00 feet thereof. Vacant Land. A separate buildable lot. PID (to be assigned). Access easterly through Parcel C. Parcel C That part of the East 355.00 feet of the Northwest Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota, lying Northerly of the South 330.00 feet thereof. Vacant Land. PID (to be assigned). Access easterly through City of Andover land abutting on the east. WHEREAS, the City of Andover has requested approval of a lot split and subdivision to subdivide the Slyzuks' property described above pursuant to Chapter 13-1; and WHEREAS, the City of Andover owns the land abutting Parcel C above and will access Parcel C from the east over Andover's existing land and will access Parcel B from Parcel C; and WHEREAS, the four resulting lots meet land use ordinance standards for separate buildable lots; and WHEREAS, the Planning and Zoning Commission has reviewed the City of Andover's request and has determined that the City of Andover's request meets the criteria of Chapter 12-3-4 and 13-1-3; and Doc# 1835467\1 3 WHEREAS, the Andover 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 and subdivision as requested by the City of Andover subject to and together with the conditions above stated. 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 and subdivision ofthe Slyzuks' property all as described above. Adopted by the City Council of the City of Andover on this 16th day of December, 2003. CITY OF ANDOVER ATTEST: ~/~zd-~ Mi e Gamache, Mayor ad;;;.~ tJ~ Victoria V olk, City Clerk Doc# 1835467\1 4 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO R229-03 A RESOLUTION APPROVING THE FINAL PLAT OF "BUNKER LAKE VILLAGE" AS BEING DEVELOPED BY HANSON BUILDERS LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF THE INTERSECTION OF HANSON BOULEVARD AND 139m LANE NW, LEGALLY DESCRIBED AS FOLLOWS: Lot 1, Block 1, and Lot 1, Block 6, Hills of Bunker Lake 3rd Addition; and Lot 1, Block 5, Hills of Bunker Lake 4th Addition, Anoka County, Minnesota. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Bunker Lake Village"; and WHEREAS, the Developer has presented the final plat of Bunker Lake Village; 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 Bunker Lake Village contingent upon receipt of the following: 1. The drainage and utility easement located on Lots 4,5,6 and 7, Block 4 needs to be extended to the east property line due to the existing pond location. 2. Eagle Street needs to be changed to Eagle Street NW on both pages of the final plat. 3. The final plat shall conform in all other respects to the plan stamped received by the City of Andover on November 26, 2003. 4. The City Attorney presenting a favorable opinion. 5. Security for legal and engineering costs as determined by the City Engineer. 6. The developer shall provide escrow for any 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. 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 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. . 9. 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. 10. 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 _.___._._____m that may be interested in the site. Adopted by the City Council of the City of Andover this 16th day of December, 2003. CITY OF ANDOVER AT~ - . Ovtb Victoria V olk, City Clerk ,S< CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R 228-03 ";" A RESOLUTION APPROVING THE FINAL PLAT OF "DONOHUE CREEKSIDE ADDITION" FOR TIMOTHY AND VIRGINIA DONOHUE ON PROPERTY LOCATED IN SECTION 33, TOWNSHIP 32 RANGE 24 (PID 33-32-24-13-0044) LEGALLY DESCRIBED AS: That part of the Southwest Quarter of the Northeast Quarter of Section 33, Township 32, Range 24, described as follows: Commencing at the southwest comer of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 88 degrees 56 minutes 30 seconds East along the south line of said Southwest Quarter of the Northeast Quarter a distance of 467.33 feet to the point of beginning of the tract of land to be described; thence North I degree 03 minutes 30 seconds West, a distance of336.37 feet; thence North 54 degrees 30 minutes 59 seconds West, a distance of 170.10 feet; thence Westerly, a distance of 130.00 feet along a non-tangential curve concave to the north, having a radius of 140.68 feet, a chord of 125.42 feet and a chord bearing of North 80 degrees 34 minutes 17 seconds West; thence South 37 degrees 57 minutes 42 seconds West, a distance of 291 feet, more or less, to the center line of Coon Creek; thence Southeasterly along the center line of said creek to the south line of said Southwest Quarter of the Northeast Quarter; thence North 88 degrees 56 minutes 30 seconds East along said south line to the point of beginning, Anoka County, Minnesota, WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Donohue Creekside Addition"; and WHEREAS, the Developer has presented the final plat of Donohue Creekside Addition; and WflEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat, and approves the final plat with the following conditions: 1. Compliance with all conditions in the preliminary plat resolution. 2. The City Attomey 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 $4,310.00. 8. Trail fees shall be paid in the amount of$I,046.00. Adopted by the City Council of the City of Andover this 16th day of December 2003. ATTE1T: -- -; ,- L A;:t;A~/ i..& Victoria Volk, City Clerk CITY OF ANDOVER Z~~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R%.Z.1-03 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "DONOHUE CREEKSIDE ADDITION" FOR TIMOTHY AND VIRGINIA DONOHUE ON PROPERTY LOCATED IN SECTION 33, TOWNSHIP 32 RANGE 24 (PID 33-32-24-13-0044) LEGALLY DESCRIBED AS: That pari of the Southwest Quarter of the Northeast Quarter of Section 33, Township 32, Range 24, described as follows: Commencing at the southwest comer of said Southwest Quarter of the Northeast Quarter; thence on an assumed bearing of North 88 degrees 56 minutes 30 seconds East along the south line of said Southwest Quarier of the Northeast Quarter a distance of 467.33 feet to the point of beginning of the tract ofland to be described; thence North 1 degree 03 minutes 30 seconds West, a distance of336.37 feet; thence North 54 degrees 30 minutes 59 seconds West, a distance of 170.10 feet; thence Westerly, a distance of 130.00 feet along a non-tangential curve concave to the north, having a radius of 140.68 feet, a chord of 125.42 feet and a chord bearing of North 80 degrees 34 minutes 17 seconds West; thence South 37 degrees 57 minutes 42 seconds West, a distance of 291 feet, more or less, to the center line of Coon Creek; thence Southeasterly along the center line of said creek to the south line of said Southwest Quarter of the Northeast Quarter; thence North 88 degrees 56 minutes 30 seconds East along said south line to the point of beginning, 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 with the following conditions: 1. The Preliminary Plat shall conform to the plan submitted November 20, 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. The developer petition for city sewer and water for Lots 1 and 2. 4. The developer must remove all existing structures from Lots 1 and 2. 5. Park dedication and trail fees for two lots shall be paid in compliance with the City Code at the time that the plat is approved by the City Council. 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 ibis 16th day of December 2003. CITY OF ANDOVER ATTEST: IJ . Ii :l u.j;:.u../ V./p Victoria V olk, City Clerk ?~~~ .A:: c:1\1ichael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 226-03 MOTION by Council member Knioht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN AND STREETS, PROJECT NO. 03-37, IN THE DONOHUE CREEKSIDE ESTATES. WHEREAS, the City Council has received a petition, dated December 9. 2003, 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 $0.00 . 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 Trude and adopted by the City Council at a reoular meeting this 16th day of December, 2003, with Councilmembers Kniqht. Trude. Orttel, Gamache. Jacobson voting in favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: ~L~ Ichael R. Gamache - Mayor (jL~ tJ.~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 225-03 MOTION by Council member Knioht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN ,PROJECT NO. 02-46, IN THE AREA OF FIRE STATION #3 (15929 CROSSTOWN BOULEVARD NW). WHEREAS, the City Council has received a petition, dated December 9. 2003 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 Citv Enoineer 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 16th day of December , 2003, with Councilmembers Kniqht. Trude. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Z~'!~r / -1;/ (Lt;U-tJ I/.",u.:/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 224-03 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER , PROJECT NO. 03-38, IN THE AREA OF 14545 ROUND LAKE BOULEVARD NW. WHEREAS, the City Council has received a petition, dated December 3. 2003 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 Council member Trude and adopted by the City Council at a reaular meeting this 16th day of December , 2003, with Councilmembers Kniaht. Trude, Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~&4 Ichael R. Gamache - Mayor r:i;t-~~ tJdb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 223-03 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 03-36 FOR WATERMAIN IN THE FOLLOWING AREA OF 16150 CROSSTOWN BOULEVARD NW (CONSTANCE FREE CHURCH), WHEREAS, the City Council did on the 2nd day of December , 2003, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Enoineer and presented to the Council on the 16th day of December ,2003; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $109.117.11 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 109.117.11 and waive the Public Hearing. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 16th day of December ,2003, with Councilmembers Kniqht. Trude. 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. Ga ache - Mayor tl.%~ tJffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 2.2.2.::lJ3 A RESOLUTION CANCELING ALL OR A PORTION OF PREVIOUSLY CERTIFIED BONDED INDEBTEDNESS FOR 2004. Li WHEREAS, the preparation and adoption of budgets 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 determined that it is prudent to cancel all or a portion of previously certified bonded indebtedoess levies for 2004; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring City Council resolutions canceling bonded indebtedoess 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 cancels all or a portion of previously certified bonded indebtedness levies for 2004 as listed on Attachment A. Adopted by the City of Andover this 16th day of December 2003. CITY OF ANDOVER ATTEST: ~~~4~ Mfchael R. Gamache - Mayor t.L.t: ' ~ Dx2/ Victoria V olk - City Clerk Attachment A CITY OF ANDOVER 2004 ProDOsed Levv Certification Debt Levv Cancelation County Levy City Levy Canceled GENERAL OBLIGATION DEBT Scheduled Scheduled .bm Variance Exolanation 30 GO Improvement Bond of 1994 $ 41,821 $ $ 41,821 Paid by Water and Sewer Trunk Funds 32 GO Improvement Bond of 1995 18,335 18,335 Paid by Water and Sewer Trunk Funds 43 1999 Certificate of Indebtedness 326,655 326,655 N/A 50 2001 GO Capital Equipment Cert. 276,693 276,693 N/A 52 2003 GO Capital Equipment Cert. 212,695 212.695 N/A Total $ 876,199 $ 816,043 $ 60,156 STATE OF MINNESOTA) ~JUNTY OF ANOKA ) CITY OF ANDOVER ) 1, 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 N0222-03 adopting the City of Andover cancellations of all or a portion of previously certified bonded indebtedness levies for 2004 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 16th day of December 2003. Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R221-03 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW LAND RECLAMATIONONPROPERTYLOCATEDAT2748161sT AVENUE NW(P.I.D. 16-32-24- 42-0001), LEGALLY DESCRIBED AS; The Northwest quarter of the Southeast quarter of Section 16 Township 32 Range 24, Anoka County, Minnesota except that part described as follows: beginning at a point on the North line of said quarter quarter 1869.85 feet west from the East quarter corner of said section, thence South at a right angle to said North line 208 feet, thence West parallel with said North line 400 feet, thence North at a right angle 208 feet to said North line, thence East along said North line 400 feet to point of beginning, except road, subject to easements of record WHEREAS, Grant Schmitt has requested a Conditional Use Permit to allow land reclamation for a three year period on property located at 2748 161s1 Avenue NW; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12-8-4, 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 ofthe Planning and Zoning Commission and approves the Conditional Use Permit to allow land reclamation subject to the following conditions: 1. The applicant shall observe all requirements and recommendation~ by the Anoka County Highway Department concerning transporting the material on County roads. 2. The permit shall be limited to three years from the date of approval and shall expire in December of 2006. 3. The volume of material stockpiled on the subject property shall be limited to a maximum of 15,000 cubic yards. 4. This permit shall be subject to annual site inspection to determine compliance with the City Code and the conditions of this permit. 5. The applicant shall provide to the City written consent to cross the natural gas pipeline from Northern Natural Gas and shall conform with any requirements provided by the utility provider. 6. No concrete, asphalt or other construction material or debris shall be allowed to be stored on the site as a part of this permit. 7. The stockpile shall be located in the southwest quadrant of the subject property as shown on the aerial drawing. 8. The stockpile shall be seeded and mulched to prevent displacement. 9. The hours of operation shall only be between 7am and 6pm. 10. The subject property shall be restored to a level condition or improved when the material has been removed and/or at the time the permit expires. 11. Mining material beyond the imported stockpile shall be prohibited. 12. Retail sales of dirt from the site shall be prohibited. 13. The Conditional Use Permit shall be subject to a sunset clause as defmed in City Code 12-15-6D. Adopted by the City Council of the City of Andover on this 2nd day of December, 2003. CITY OF ANDOVER ATJEST: ~O~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R-220-03 A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT FOR SEWER STAGING PLAN FOR PROPERTY LEGALLY DESCRIBED AS: The South half of the Northwest Quarter ofthe Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota; and also The North 930 feet of the Southwest Quarter of the Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota EXCEPT the South 160 feet of the West 490 feet. WHEREAS, the Andover Review Committee (ARC) has reviewed the request to amend the sewer staging plan; and WHEREAS, as a result of detailed review by the City Engineering Department and the City's sewer plan consultant, WSB Associates, the subject properties may be allowed to be moved into the current sewer staging plan (2000-05); and WHEREAS, there is sufficient capacity in the sewer pipe that is proposed to be extended from Constance Corners to serve Fire Station #3 to serve the subject properties; and WHEREAS, the Council finds the proposed change in the sewer staging plan will not involve other properties that may not be interested in developing at this time; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of ARC and City Staff and approves the change in the sewer staging plan to allow the subject properties to be included in the current stage of sewer extension, subject to review and approval of the Metropolitan Council. Adopted by the City Council of the City of Andover this 2nd day of December, 2003. CITY OF ANDOVER ATTEST: ~ (),,/b Victoria V olk, City Clerk chae1 R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 219-03 A RESOLUTION APPROVING THE LOT SPLIT REQUEST TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 16030 MAKAR STREETNW LEGALLY DESCRIBED AS FOLLOWS: Tract W, Registered Land Survey Number 72, Anoka County, Minnesota WHEREAS, John Moore has requested approval of a lot split to subdivide a rural residential property pursuant to City Code 13-1, located at 16030 Makah Street NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12-3-4 and 13-1-3, 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 proposed 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 lot split shall be required to conform to Exhibit A, stamped received by the City of Andover on October 29,2003. 2. The applicant shall provide 10 foot wide drainage and utility easements around the perimeter of both properties and outside the existing road easement for Makah Street NW with a separate document. - 3. The applicant shall pay a park dedication fee of$2,155 and a trail fee of $523. 4. The lot split shall be subject toa sunset clause as defined by City Code 13-1-6F. Adopted by the City Council of the City of Andover on this 2nd day of December, 2003. CITY OF ANDOVER ATTEST: f.LL ().,.&.-- Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R218-03 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS OF 2000, SERIES B. A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), issued on behalf of the City, $3,350,000 General Obligation Permanent hnprovement Revolving Fund Bonds of 2000, Series B, dated September 1, 2000 (the "Bonds"), of which Bonds $2,740,000 still remains outstanding; and B. WHEREAS, all of the said Bonds maturing in the years 2005 to 2007, both inclusive, are subject to redemption and prepayment at the option of the City in inverse order, on February 1, 2004,and on any interest payment date thereafter at par and accrued interest, all as provided in the resolution of the City Council dated August 11, 2000 authorizing the issuance of said Bonds (the "Resolution"), and C. WHEREAS, the City Council deems it desirable and in the best interests of the City to call all of the Bonds maturing in the years 2005 to 2007, on February 1, 2004, the interest payment date, in accordance with said Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Bonds to be Redeemed. All of the Bonds maturing in the years 2005 to 2007, shall be redeemed and prepaid on February 1, 2004 at par and accrued interest for each such Bond called. 2. Notice of Call. The City Finance Director is hereby authorized and directed to give written notice of call at least forty-five (45) days prior to February 1, 2004, the date for call, to the paying agent where said Bonds are payable and therefore by registered or certified mail at least thirty (30) days prior to the date for call to all registered owners of the Bonds. Said notice shall be in substantially the following form: NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS OF 2000, SERIES B CITY OF ANDOVER ANOKACOUNTY MINNESOTA Notice is hereby given THAT BY ORDER OF THE City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on February 1, 2004. Those outstanding bonds of the City designated as General Obligation Permanent Improvement Revolving Fund Bonds of 2000, Series B, dated September 1, 2000, having stated maturity dates in the following years, totaling $2,100,000* in principal amount, and having CUSIP numbers listed below: Year CUSIP Number** 2005 2006 2007 The bonds are being called at a price of par plus accrued interest to February 1, 2004, on which date all interest on said bonds will cease to accrue. U.S. Bank National Association (formerly, First Trust National Association) is requested to deposit federal or other immediately available funds sufficient for such redemption at the office of The Depository Trust Company on or before February 1,2004. * Indicates full call of stated maturities. ** 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 of the holders. Dated: December 2, 2003. Important Notice: Under the Interest and Dividend Compliance Act of 1983,31% will be withheld if tax identification is not properly certified. 3. Deposit of Sufficient Funds. The City Finance Director is hereby authorized and directed to deposit with the bank where said Bonds are payable prior to said call date sufficient funds to pay all principal and interest due on said Bonds as of the call date. MOTION seconded by Councilmember Trude and adopted by the City Council of the City of Andover on this 2nd day of December, 2003, with Councilmembers Gamache. Knight Orttel. Jacobson. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~P/4?-dJ ~hael R. Gamache ()~~ !/.JL 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 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 calling for redemption of outstanding General Obligation Permanent Improvement Revolving Fund Bonds of 2000, Series B. WITNESS my hand as such City Clerk this 2nd day of December, 2003. al a' : _" . A - ~L,A~ I,.LL. City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.R217-03 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS OF 1995, SERIES A. A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), issued on behalf of the City, $2,605,000 General Obligation Improvement Bonds of 1995, Series A, dated June 1, 1995 (the "Bonds"), of which Bonds $915,000 still remains outstanding; and B. WHEREAS, all of the said Bonds maturing in the years 2005 to 2006, both inclusive, are subject to redemption and prepayment at the option of the City in inverse order, on February 1,2004, and on any interest payment date thereafter at par and accrued interest, all as provided in the resolution of the City Council dated August 15, 1995 authorizing the issuance of said Bonds (the "Resolution"), and C. WHEREAS, the City Council deems it desirable and in the best interests of the City to call all of the Bonds maturing in the years 2005 and 2006, on February 1, 2004, the interest payment date, in accordance with said Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Bonds to be Redeemed. All of the Bonds maturing in the years 2005 and 2006, shall be redeemed and prepaid on February 1,2004 at par and accrued interest for each such Bond called. 2. Notice of Call. The City Finance Director is hereby authorized and directed to give written notice of call at least forty-five (45) days prior to February 1, 2004, the date for call, to the paying agent where said Bonds are payable and therefore by registered or certified mail at least thirty (30) days prior to the date for call to all registered owners of the Bonds. Said notice shall be in substantially the following form: NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS OF 1995, SERIES A CITY OF ANDOVER ANOKACOUNTY MINNESOTA Notice is hereby given THAT BY ORDER OF THE City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on February 1, 2004. Those outstanding bonds of the City designated as General Obligation Improvement Bonds of 1995, Series A, dated June I, 1995, having stated maturity dates in the following years, totaling $620,000* in principal amount, and having CUSIP numbers listed below: Year CUSIP Number** 2005 2006 The bonds are being called at a price of par plus accrued interest to February 1,2004, on which date all interest on said bonds will cease to accrue. U.S. Bank National Association (formerly, First Trust National Association) is requested to deposit federal or other immediately available funds sufficient for such redemption at the office of The Depository Trust Company on or before February 1,2004. * Indicates full caIl of stated maturities. ** 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 of the holders. Dated: December 2, 2003. Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31 % will be withheld if tax identification is not properly certified. 3. Deposit of Sufficient Funds. The City Finance Director is hereby authorized and directed to deposit with the bank where said Bonds are payable prior to said call date sufficient funds to pay all principal and interest due on said Bonds as of the call date. MOTION seconded by CounciImember Trude and adopted by the City Council of the City of Andover on this 2nd day of December, 2003, with CounciImembers Gamache. Kniszht. OrtteL Jacobson. Trude voting in favor of the resolution, and Councilmembers against, whereupon said resolution was passed. none voting CITY OF ANDOVER ATTEST: ~~~ :Mkhae1 R. Gamache .1 LLL;:,~ (/;-1& Victoria V olk - 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 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 calling for redemption of outstanding General Obligation Improvement Bonds of 1995, Series A. WITNESS my hand as such City Clerk this 2nd day of December, 2003. City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R216-03 MOTION by Councihnember Jacobson to adopt the following: A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS OF 1994, SERIES C. A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), issued on behalf of the City, $1,140,000 General Obligation Improvement Bonds of 1994, Series C, dated October 1, 1994 (the "Bonds"), of which Bonds $340,000 still remains outstanding; and B. WHEREAS, all of the said Bonds maturing in the years 2005 to 2006, both inclusive, are subject to redemption and prepayment at the option of the City in inverse order, on February 1, 2004, and on any interest payment date thereafter at par and accrued interest, all as provided in the resolution of the City Council dated August 16, 1994 authorizing the issuance of said Bonds (the "Resolution"), and C. WHEREAS, the City Council deems it desirable and in the best interests of the City to call all of the Bonds maturing in the years 2005 and 2006, on February 1, 2004, the interest payment date, in accordance with said Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Bonds to be Redeemed. Ail of the Bonds maturing in the years 2005 and 2006, shall be redeemed and prepaid on February 1, 2004 at par and accrued interest for each such Bond called. 2. Notice of Call. The City Finance Director is hereby authorized and directed to give written notice of call at least forty-five (45) days prior to February 1, 2004, the date for call, to the paying agent where said Bonds are payable and therefore by registered or certified mail at least thirty (30) days prior to the date for call to all registered owners of the Bonds. Said notice shall be in substantially the following form: NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS OF 1994, SERIES C CITY OF ANDOVER ANOKA COUNTY MINNESOTA Notice is hereby given THAT BY ORDER OF THE City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on February 1, 2004. Those outstanding bonds of the City designated as General Obligation Improvement Bonds of 1994, Series C, dated October 1, 1994, having stated maturity dates in the following years, totaling $220,000* in principal amount, and having CUSIP numbers listed below: Year CUSIP Number** 2005 2006 The bonds are being called at a price of par plus accrued interest to February 1, 2004, on which date all interest on said bonds will cease to accrue. U.S. Bank National Association (formerly, First Trust National Association) is requested to deposit federal or other immediately available funds sufficient for such redemption at the office of The Depository Trust Company on or before February 1, 2004. * Indicates full call of stated maturities. ** 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 of the holders. Dated: December 2, 2003. Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31 % will be withheld if tax identification is not properly certified. 3. Deposit of Sufficient Funds. The City Finance Director is hereby authorized and directed to deposit with the bank where said Bonds are payable prior to said call date sufficient funds to pay all principal and interest due on said Bonds as of the call date. MOTION seconded by Councilmember Trude and adopted by the City Council of the City of Andover on this 2nd day of December, 2003, with CoUiJ.cilmembers Gamache. OrtteL Knight. Trude. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~ /1. .. //~ VAA;t,,~ u_ Victoria V olk - 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 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 calling for redemption of outstanding General Obligation Improvement Bonds of 1994, Series C. WITNESS my hand as such City Clerk this 2nd day of December, 2003. lL;C2A~Y Va City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: December 2, 2003 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 2nd day of December, 2003, at 7:00 o'clock P.M. The following members were present: Jacobson, Gamache, Knight, Orttel, and Trude and the following were absent: none 11ember Jacobson introduced the following resolution and moved its adoption: Resolution 215-03 RESOLUTION LEVYING A TAX FOR THE PAYMENT OF GENERAL OBLIGATION CAPITAL NOTES OF 2004 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City") proposes to issue its General Obligation Capital Notes of 2004 (the "Capital Notes") in 2004 to fmance 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 2004 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; 1. Issuance of Capital Notes. The City hereby authorizes the issuance of the Capital Notes. 2. Capital Notes of 2004 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 th.e City for the years and in the amounts as follows; Year of Tax Levv Year of Tax Collection Amount 2003 2004 $168,000 The motion for the adoption of the foregoing resolution was duly seconded by member Knight and upon a vote being taken thereon, the following voted in favor thereof; and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 1472159v1 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 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 Capital Notes of2004. WITNESS my hand as such City Clerk this 2nd day of December, 2003. /11;;../ !l-&/ City Clerk 1472159v1 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R214-03 A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST OF NET LEASE DEVELOPMENT & RLK KUUSISTO to allow a drive-thru facility on property legally described as Lot I, Block 2, Andover Marketplace East, Anoka County, Minnesota. WHEREAS, Net Lease Development & RLK Kuusisto have requested a Conditional Use Permit for a drive-thru facility located at Lot 1, Block 2, Andover Marketplace East, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets 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 Conditional Use Permit be subject to a sunset clause as stipulated in City Code Title l2-l5-6(D). 2. This Conditional Use Permit shall be subject to review at any time the City Council determines this use ofthe 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 2nd day of December 2003. CITY OF ANDOVER ~.::;:? d~ ATTEST: Michael R. Gamache, Mayor 1L2:~ (/$ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R213-03 A RESOLUTION APPROVING A TWO F AMIL Y HOME CONVERSION TO ALLOW SEPARATE PROPERTIES TO BE CREATED FOR EACH UNIT LOCATED AT 2525 AND 2527 138TH AVENUE NW (P.I.D.33-32-24-14-0007) LEGALLY DESCRIBED ON EXHIBIT A- , WHEREAS, Norton Tucker has requested approval of a Two Family Home Conversion to allow separate properties to be created at 2525 and 2527 138'h Avenue NW, and; . WHEREAS, Norton Tucker has petitioned to vary from the minimum house size, lot width, and side yard setback requirement ofthe M-2 Zoning District described in City Code 12-3-4 for property located at 2525 and 2527 138th Avenue NW, and; WHEREAS, the Planning Commission finds that the proposed variances will not have a detrimental effect on neighboring properties due to the fact that the structure presently exists and that the purpose of the variance is to allow separate properties to be created for each unit, 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, 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 lot split on said property with the following conditions: 1. To be divided into properties to be described as illustrated on Exhibit A stamped received by the City of Andover October 24, 2003. 2. The applicant shall be required to construct a garage for each unit that meets or exceeds the minimum requirements of the M-2 Zoning District. 3. A variance is granted to the minimum house size for both units. In the event that one of the units is destroyed or damaged beyond 50% of its assessed value, the unit shall only be reconstructed in compliance with the applicable minimum house size prescribed by the City Code. 4. A variance is granted to the minimum lot width requirements of the M-2 Zoning District to allow a lot width of 50 feet for each unit. 5. A variance is granted to the side yard setback requirements of the M-2 Zoning District to allow a side yard setback of20 feet for each unit. 6. The applicant shall be required to submit a signed copy of the City's party wall agreement. The agreement will be required to be recorded with Anoka County and will become a binding document for all future owners of the properties. 7. The applicant shall be required to provide a one hour fIre rating on each side of the party wall before this resolution will be released for recording. 8. The applicant shall be required to provide a separate water source and connection for each unit before this resolution will be released for recording. 9. This approval is subject to a sunset clause as defined in City Code 12-5-6D. Adopted by the City Council of the City of Andover on this 2nd day of December, 2003. CITY OF ANDOVER €~~ Ike Gamache, ayor ATTEST: ~l4 Victoria Volk, City Clerk EXHmIT A Page Two CURRENT LEGAL DESCRIPTION: All that part of the South Half ofthe Northeast Quarter of Section 33, Township 32, Range 24, Anoka county, Minnesota described as follows: Comniencing at a point of the South line of said South Half of the Northeast Quarter distant 490.0 feet West from the Southeast comer of said South Half of the Northeast Quarter; thence North at right angles to the said South line a distance of 420.0 feet; thence West and parallel with the South line of said South Half of the Northeast Quarter a distance of 365.20 feet to the actual point of beginning of the tract of land to be hereby described; thence continuing West along said parallel line a distance of 100.0 feet; thence North on a line drawn at right angles to the South line of said South Half of the Northeast Quarter for a distance of 150.0 feet; thence East and parallel with the South line of said South Half ofthe Northeast Quarter a distance of 100.0 feet; thence South at right angles to said parallel line a distance of 150.0 feet to the actual point of beginning. (County Recorder's Document Number 6926~4, Anoka, County) PROPROSED LEGAL DESCRIPTIONS: PARCEL A: . All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka county, Minnesota described as follows: Commencing at a point of the South line of said South Half of the Northeast Quarter distant 490.00 feet West from the Southeast comer of said South Half of the Northeast Quarter; thence North at right angles to the said South line a distance of 420.00 feet; thence West and parallel with said South line ofthe South Half of the Northeast Quarter a distance of 415.20 feet to the point of beginning ofthe land to be described; thence North on a line drawn at right angles to said South line of the South Half of the Northeast Quarter for a distance of 150.00 feet; thence -East and parallel with said South line of the South Half of the Northeast Quarter a distance of 50,00 feet; thence South at right angles a distance of] 50.00 feet to said parallel line; thence West along said parallel line a distance of 50.00 feet to the point of beginning. PARCEL B: All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka county, Minnesota described as follows: Commencing at a point on the South line of said South Half of the Northeast Quarter distant 490.00 feet West from the Southeast comer of said South Half of the Northeast Quarter; thence North at right angles to said South line a distance of 420.00 feet; thence West and parallel with said South line of the South Half of the Northeast Quarter a distance of 415.20 feet to the point of beginning of the land to be described; thence North on a line drawn at right angles to said South line of the South Half of the Northeast Quarter for a distance of 150,00 feet; thence West and parallel with said South line of the South Halfofthe Northeast Quarter a distance of 50.00 feet; thence South at right angles a distance of 150.00 feet to said parallel line; thence East along said parallel line a distance of 50.00 feet to the point of beg inning. RECEIVED OC~ 2 4 CITY OF ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R2l2-03 A RESOLUTION APPROVING THE VARIANCE REQUEST FOR MEADOW VIEW HOMES TO VARY FROM CITY CODE 12-4-3 TO ALLOW A NEW HOUSE TO BE CONSTRUCTED ON PROPERTY LOCATED AT 3131 169m LANE NW, LEGALLY DESCRIBED AS: The South 164 feet of the North 264 feet of the East 150 feet of the West 435.6 feet of the South half of the South half of the Northwest quarter of Section 9, Township 32, Range 24, Anoka County, Minnesota WHEREAS, Meadow View Homes has petitioned to vary from the requirements of City Code 12-4-3, and; WHEREAS, the City Council finds that the special circumstances for the subject property are as follows: 1. The property was created before a Zoning Ordinance was adopted. 2. The property is zoned Single Family Rural Residential (R-l). 3. A single family house has existed on the property for many years. 4. The existing house is in an unsafe condition and is detrimental to the surrounding neighborhood. 5. The City needs to allow reasonable use of the property. Reasonable use ofthe property would be to remove the dilapidated structure and to allow a new home to be constructed on the property. 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 allow a new home to be constructed on the subject property under the following conditions: 1. The existing house shall be removed from the property. 2. A new house shall be constructed in compliance with all other applicable sections of the City Code. Adopted by the City Council of the City of Andover on this 2nd day of December, 2003. CITY OF ANDOVER ATTEST: (j $;u (),~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION R211-03 A RESOLUTION SETTING THE ANNUAL INCOME LEVEL FOR SENIOR CITIZEN DEFERRAL OF SPECIAL ASSESSMENTS AND SANITARY SEWER RATES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following fees are hereby established for the year 2004: Annual Income Level for Special Senior Citizen Deferral of Special Assessments and Reduced Sanitary Sewer Rates $26,850.00 (Not to Exceed) Adopted by the City Council of the City of Andover this 2nd day of December 2003. CITY OF ANDOVER Attest: 7/7,?:/,e, Mi ael R. Gamache - Mayor /i ..', /1.//' Y....6--/l7iA'-'2I--' l/ '" -t.- Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 210-03 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 02-48, SHADY OAK COVE. 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 2004, and shall bear interest at the rate of 6 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 Kniqht and adopted by the City Council at a re~lUlar meeting this 2nd day of December ,2003 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: fL,';,;,", IJ.r!t, Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 209-03 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROll FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMA/N. STORM SEWER AND STREETS FOR PROJECT 02-50, MAPLE HOllOW. 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 2004, and shall bear interest at the rate of 6 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 Kniqht and adopted by the City Council at a reqular meeting this 2nd day of December ,2003 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: . Gamache - Mayor dhA~' {),.,tt Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 208-03 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 02-47. FOXBURGH CROSSING. 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 2004, and shall bear interest at the rate of 6 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 Kniqht and adopted by the City Council at a reqular meeting this 2nd day of December ,2003 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: ~ (),,& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 207-03 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAN STORM SEWER AND STREETS FOR PROJECT 00-42. AZTEC ESTATES. 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 2004, and shall bear interest at the rate of 6 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 KniQht and adopted by the City Council at a reQular meeting this 2nd day of December ,2003 with Councilmembers 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: ~ rJtft/.- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 206-03 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR JERRY PUTNAM TO SPLIT A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS AT 1869 1 57th LANE N.W. (pID: 15-32-24-43-0015). The property to be divided into two single-family residential lots is legally described as: The east 310 feet of the west 1010 feet lying north of the south 1047 feet of the Southwest Quarter of the Southwest Quarter, Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured along the west and south lines of said Southwest Quarter of the Southeast Quarter. AND That part of the South Half (S \-'2) of the Southeast Quarter (SE v.) of Section 15, Township 32, Range 24 described as follows: The North 700 feet of the South 1,047 feet of the East 310 feet of the West 1,010 feet, as measured along the West and South lines of the South Half (S \-'2) of the Southeast Quarter (SE v.) of said Section 15. Together with an easement for roadway purposes over the North 55 feet of the South 347 feet of the South Half(S \-'2) of the Southeast Quarter (SE v.) of said Section 15, when measured along the West line thereof. Proposed Description for Parcel A The east 310 feet of the west 1010 feet lying north of the south 959.36 feet of the Southwest Quarter of the Southeast Quarter, Section 15, Township 32, Range 24, Anoka County, Miunesota, as measured along the west and south lines of said Southwest Quarter of the Southeast Quarter. Proposed description for Parcel B The east 310 feet of the west 1010 feet of the north 612.36 feet of the south 959.36 feet of the Southwest Quarter of the Southeast Quarter, Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured along the west and south lines of said Southwest Quarter ofthe Southeast Quarter. WHEREAS, Jerry Putnam has requested approval of a lot split to subdivide a rural residential property into two rural residential lots; and WHEREAS, the City Council has reviewed the request and has determined that said request meets the criteria of City Code Title 12 and 13; 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, a public hearing was held pursuant to state statutes; and WHEREAS, the City Council finds that the lot split request is not detrimental to the surrounding neighborhood. 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 applicant is required to dedicate a ten-foot drainage and utility easement around the perimeter of both properties with a separate document. 2. The applicant is required to dedicate a street, utility & drainage easement along the west property line for the future extension of Linnet Street with a separate document. The layout of the easement must conform to City Code Title I 1-3-3 and be approved by the City Engineer. 3. The proposed home located on Parcel A will be required to face west in the anticipation that the home will front the future extension of Linnet Street. 4. Payment of a park dedication fee based on the fee ordinance in effect at the time of Council approval. 5. Payment of a trail fee based on the fee ordinance in effect at the time of Council approval. 6. That the Lot Split be subject to a sunset clause as stipulated in City Code Title 12-15- 7(D). 7. The lowest floor of the future house on Parcel A must be at least three feet above the seasonal high water mark or one foot above the 1 OO-year flood elevation, whichever is higher. Adopted by the City Council of the City of Andover on this 18th day of November 2003. CITY OF ANDOVER ~~~ ike Gamache, Mayor ATTEST: C.L~~ Or&- Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 205-03 MOTION by Councilmember 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. 03-36, IN THE AREA OF CONSTANCE FREE CHURCH. WHEREAS, the City Council has received a petition, dated November 14. 2003 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 Citv Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Ortiel and adopted by the City Council at a reaular meeting this 18th day of November , 2003, with Councilmembers Trude, Ortie!, Gamache. Kniaht, Jacobson voting in favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. CITY OF ANDOVER voting ATTEST: fL;t;~ [),-!? Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 204-03 MOTION by Councilmember Trude 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. 03-35, BUNKER LAKE VILLAGE. WHEREAS, the City Council has received a petition, dated November 6, 2003, 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 TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reQular meeting this 18th day of November ,2003, with Councilmembers Trude, Ortte!. 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~~ IJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R203 - 03 A RESOLUTION APPROVING THE FINAL PLAT OF "ANDOVER MARKETPLACE EAST" BEING DEVELOPED BY UNITED PROPERTIES, INC. LOCATED AT THE SOUTHWEST CORNER OF BUNKER LAKE BOULEVARD AND MARTIN STREET IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: Outlots A and B, Andover Marketplace, Anoka County Minnesota; and also Lot lA, Block 3, Andover Station, Anoka County, Minnesota. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Andover Marketplace East"; and WHEREAS, the Developer has presented the final plat of "Andover Marketplace East"; 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 "Andover Marketplace East" contingent upon the following: 1. All conditions indicated in the preliminary plat resolution. 2. The City Attorney presenting a favorable title opinion. 3. Security to cover legal and engineering costs as determined by the City Engineer. 4. The Developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer stating that all lots are graded in accordance with the approved grading plan. 5. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract, escrows paid (for total costs of the improvements to the property). 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Subject to trail easements being dedicated along the north side of Station Parkway with the final plat recording. 8. Subject to dedication of a 20 foot wide utility and drainage easement along the west edge of the plat (along the entirety of Quinn Street). 9. Subject to final review of City Staff for compliance with City ordinances, policies, guidelines and conditions of preliminary and final plat approval. 10. Developer is Jponsible for obtaining all permits fron. J.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 11. Park dedication fee to be paid as recommended by the Park and Recreation Commission and approved by the City Council. Park fee payment would be allowed on a lot by lot basis (at the time of sale oflot(s) from the Andover EDA to the developer). Adopted by the City Council of the City of Andover this 18th day of November, 2003. A T1l'!lw {/vIb Victoria Yolk, City Clerk CITY OF ANDOVER ~R cd~. .~ lChael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 202-03 MOTION by Council member 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 02-48. SHADY OAK COVE, 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 $161.818.98 plus $3.170,00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $113.260.37 and work previously done amount to $0.00 so that the total cost of the improvement will be $278.249,35 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 $278.249.35, 1. 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 2004, and shall bear interest at the rate of~ percent per annum from the date of the adoption of the assessment resolution, 2, 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, 3. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 18th day of November , 2003 , with Council members 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: ~~~ M' hael R. Gama e - Mayor li!/~ ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 201-03 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 02-50. MAPLE HOLLOW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $56.502.71 plus $1.300,00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $57.685.84 and work previously done amount to $0.00 so that the total cost of the improvement will be $115.488.55 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 $115.488,55. 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 2004, 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 Orttel and adopted by the City Council at a reqular meeting this 18'h day of November , 2003 , with Council members Trude. Orttel. Gamache. Kniqhl. Jacobson 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 ()';Zir:,,) iJ4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 200-03 MOTION by Council member 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 02-47. FOXBURGH CROSSING, 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 $128.570,05 plus $1.938.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $106.357.17 and work previously done amount to $0.00 so that the total cost of the improvement will be $236,865.22 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 $28.462.23 the amount to be assessed against benefited property owners is declared to be $208.402,99. 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 2004, 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 Orttel and adopted by the City Council at a reqular meeting this 18th day of November , 2003 , with Councilmembers Trude. Orttel. Gamache. Knight. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ tlx~ am Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 199-03 MOTION by Council member 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 00-42, AZTEC ESTATES. 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 $582.719,96 plus $6.765.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $301.114.72 and work previously done amount to $0,00 so that the total cost of the improvement will be $890.599.68 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1, The portion of the cost of such improvement to be paid by the City is hereby declared to be $115,735.38 the amount to be assessed against benefited property owners is declared to be $774.864.30, 2, Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of ~ years. The first of the installments to be payable on or before the 15th day of April 2004, and shall bear interest at the rate of.....2.... percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 18th day of November , 2003 , with Councilmembers Trude. Orttel. Gamache. Kniqht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: ~~ . 'chael R. Gamache - Mayor tU:~()$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 198-03 A RESOLUTION APPROVING CHANGE ORDER #1 R (COMPENSATING) TO PROJECT NO. 02-48, SHADY OAK COVE. WHEREAS, the City of Andover has a contract for Project No. 02-48 with Redstone Construction Co.. Inc. of Mora. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 02-48. Adopted by the City Council of the City of Andover this 18th day of November , 2003. CITY OF ANDOVER ATTEST: ~ ~ chael R. Gama e - Mayor tJ2A~ Or-tb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 197-03 A RESOLUTION APPROVING CHANGE ORDER #1 (COMPENSATING) TO PROJECT NO. 02-50, MAPLE HOLLOW. WHEREAS, the City of Andover has a contract for Project No. 02-50 with Redstone Construction Co., Inc. of Mora, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 02-50. Adopted by the City Council of the City of Andover this 18th day of November 2003. CITY OF ANDOVER ATTEST: ~.~ ichael R. Gamache - Mayor il~~ (J,t!:U Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 196-03 A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT REQUEST OF BRUGGEMAN PROPERTIES LLC FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A RESIDENTIAL DEVELOPMENT ON PROPERTY OWNED BY THE ANDOVER E.D.A. CONSISTING OF 75 TOWNHOME UNITS TO BE KNOWN AS THE SUBDIVISION OF "THE VILLAGE AT ANDOVER STATION" ON THE PARCEL IDENTIFIED AS # 34-32-24-31-0027 ON PROPERTY LEGALLY DESCRIBED AS; Lot 2, Block 2, Andover Station, except the west 35 feet thereof, Anoka County, Minnesota WHEREAS, Bruggeman Properties LLC has requested a Conditional Use Permit for a Planned Unit Development to develop a residential development consisting of75 townhome units to be known as the subdivision of "The Village at Andover Station" pursuant to Chapter 13-3, An Ordinance regulating Planned Unit Developments on the property legally described above, and; WHEREAS, The Planning Commission finds the request meets the criteria of City Code 12-15- 6, Conditional Uses and City Code 13-3 Planned Unit Developments, and; WHEREAS, A variance is recommended to Chapter 9-1-4, which prohibits adjacent structures from replicating one another. WHEREAS, A variance is recommended to Chapter 12-3-4, which identifies setback requirements for the M2 Zoning District. WHEREAS, The Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area, and; WHEREAS, a public hearing was held before the Planning and Zoning Commission and there was no opposition to the request; and; WHEREAS, The Planning and Zoning Commission is recommending to the City Council the approval of the Conditional Use Permit for the Planned Unit Development as requested, 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 agrees with the recommendation of the Planning and Zoning Commission permitting Bruggeman Properties LLC to develop a Planned Unit Development on said property with the following conditions: 1. The Townhouse Units and all exterior materials shall be constructed to match the elevations and floor plans stamped received by the City of Andover September 30, 2003. 2. The garages shall measure 440 square feet and new architectural renderings and a site plan shall be submitted before this development is brought before City Council. 3. The landscaping plan dated 9/29/03 shall be subject to additional plantings along the south property line. This will amount to 12 additional conifer trees (for a total of 24), and 7 additional non-coniferous trees (for a total of 14). 4. The Site Plan and building placement will conform to the plans submitted to the City of Andover dated 9/29/03. 5. The development shall conform to City Code Chapters 11,12, and 13 except for development standards listed within the staff report. 6. The Conditional Use Permit for the Planned Unit Development shall be contingent upon the approval of the comprehensive plan amendment, rezoning and the preliminary plat of City View Farm. If anyone of these applications or requests fails to be approved, in whole or in part, the special use permit shall be considered null and void. 7. 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 Chapter 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. 8. A provision shall be added to the association documents to establish a repair, maintenance and replacement program and funding for the private drive, parking areas, private utilities and all common areas and other improvements. 9. That the Special Use Permit shall be subject to a sunset clause as defined in the City Code. 10. The variances to Chapter 9-1-4 and to Chapter 12-3-4 are approved. Adopted by the City Council of the City of Andover on this 4th day of November 2003. ATTEST ~--1()~ Victoria Yolk, City Clerk CITY OF AND VER ~~~ ichael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R- 195 -03 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "VILLAS AT ANDOVER STATION" BY BRUGGEMAN PROPERTIES, LLC LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS: Lot 2, Block 2, Andover Station, 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 has determined that said request meets the criteria of City Code Section 11 (Subdivision Regulations); and WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, as a result of such public hearing, the Planning and Zoning 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 and Zoning COrnInission and approves the preliminary plat for seventy-five townhome lots, and two common area lots for "Villas at Andover Station", subject to the following conditions: 1.0 DRAWINGS 1.01 Per plat drawing dated 8-28-03, revised 10-14-03, and stamped as "Received 10-24- 03 by the City of Andover". 2.0 BONDS, ESCROWS AND DIRECT PAYMENTS 2.01 The developer shall be required to petition for public utilities and streets and will be required to sign a development contract and provide an irrevocable letter of credit (equal to 105% of the construction cost) to guarantee installation of the following improvements: a. Installation of water system. b. Installation of sanitary sewer system. c. Installation o. "LOrm sewer system. d. Installation of street and traffic control signs/signals. e. Sodding of all boulevard areas; said sodding must be completed within thirty days of completion of street improvements. f. Adjustment and repair of new and existing utilities. g. Inspection services provided by the City. 2.02 An irrevocable letter of credit shall be required to be provided by the developer (in the amount of 150% of construction costs) of the installation of sidewalk, on-site improvements including all construction of hard surface driveways, concrete sidewalks and/or bituminous trails, landscaping, irrigation on the site and the median/turn lane modifications on Station Parkway. Said irrevocable letter of credit shall be posted with the City's Finance Director prior to final plat release. The letter of credit shall remain on file and will be reduced/released upon completion of the required improvements. 2.03 Park dedication and trail fees shall be paid by the developer (subject to the final recommendation by the Park and Recreation Commission) and shall be paid prior to fmal plat recording. The park and trail dedication fees shall be paid based at the rate in effect at the time of final plat approval. 3.0 REQUIRED DOCUMENTS 3.01 Approval of the preliminary plat is contingent upon approval of a Rezoning and Special Use Permit for a Planned Unit Development Review. If anyone of these applications or requests fails to be approved, in whole or in part, the preliminary plat shall be considered null and void. 3.02 The Special Use Permit for Planned Unit Development review shall regulate such things as the building setbacks, design and materials of the units, landscaping plan, area identification sign and association documents for the proposed development. 3.03 Approval of Title of the property by the City Attorney prior to Final Plat recording. 3.04 Review and approval of association and covenant documents for Andover Station by the City Attorney prior to Final Plat recording. 3.05 Signing of the Development Contract establishing performance of all items in this resolution. In no event shall the term of contract exceed one year. A construction schedule approved by the City Engineer must be provided prior to recording of the plat. 3.06 All utility plans, grading/drainage/erosion control plans must be approved by the City Engineer prior to receiving a building permit. 3.07 AIl final engineering comments from Review #2 from the City Engineering Department and TKDA consulting engineers shall be resolved and changes made to the drawings before the [mal plat will be allowed to be recorded. 3.08 There shall be drainage and utility easements for the wetland and pond up to the 100 year flood elevation on all sheets. The pond and wetland areas are to be maintained by the property owners association. 3.09 A computation sheet showing the correct square footage for each lot area must be submitted to the City prior to recording of the final plat. 3.10 The developer shall obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA or any other agency that may be interested in the site prior to any portion of the site being graded. 4.0 GENERAL CONDITIONS 4.01 A certificate signed by a licensed engineer must be provided that states that all final lot and building grades are in conformance to grading/drainage/erosion control plan approved by the City Engineer prior to the issuance of the Certificate of Occupancy. 4.02 If improvements listed in item 2.02 of this resolution are not completed prior to issuance of the Certificate of Occupancy, an escrow shall be required to be posted by the Developer to cover 1 II, times the estimated costs of completion of those items. 4.03 At the time of final plat, a table showing lot areas for each lot must be provided to the City Building Official. 4.04 The lowest floor of property adjacent to flood prone areas shall be at least one foot above the designed or designated 100 year flood elevation or three feet above the highest anticipated watertable elevation. 4.05 No burying of construction debris shall be permitted on the site. 4.06 During construction, streets must be pass(lble, at all times, free of debris, materials, soils, snow, and other obstructions. 4.07 All building setbacks shall be as shown on the preliminary plat drawings unless modified by a Planned Unit Development approval. . 4.08 Landscaped medians/islands shall be required to be modified/installed on Station Parkway as shown on the plans and approved by the Director of Community Development. 4.09 . Street lighting will be required to conform to those shown on the plans and that conform to the City standards for roadway lighting in the Andover Station redevelopment area. The lighting fixtures must be installed by the developer and considered operational prior to any occupancy permits being issued for any of the structures in the development. 4.1 0 The trail on the south side of Station Parkway will be installed and paid for by the developer. 4.11 AU storm sewer and drainage areas are considered private and will be maintained by the property owners association at their expense. 4.12 Grades on all slope areas (including berms) shall not exceed 4 to 1 on the grading plans. 4.13 The developer shall be required to provide sewer and water services and utility driveway cross access agreements to all parcels due to the fact that individual units do not have direct access to Station Parkway or Partridge Circle. 4.]4 AU applicable City ordinances, not specifically listed herein, shaU become conditions of the plat approval. 4.15 If the petitioner needs additional time to satisfY the requirements listed in this Preliminary Plat in order to get it released for recording, then a one year time extension must be requested. Time extension requests are subject to the conditions found in City Code Section 11. 4.16 The failure on the part of the petitioner to submit a final plat per City Code Section 11 within one year from the date of this approval shall deem the preliminary approval to be nuU and void. Adopted by the City Council of the City of Andover this 4th day of November, 2003. CITY OF ANDOVER ATTEST: ~()~ Victoria V olk, City Clerk I'd' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R194-03 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "ANDOVER MARKETPLACE EAST" BY UNITED PROPERTIES LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, . ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS: Outlots A and B Andover Marketplace, Anoka County, Minnesota and Lot lA, Block 3, Andover Station, 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, the applicant has petitioned to vary from City Code 11-3-61. To allow outlots A,B,C,D and E to be created as a part ofthe plat, and; WHEREAS, the Planning Commission finds that the Outlots in this development are proposed to provide drainage ponds, common areas and a private street that will allow ownership and maintenance to be shared by all members of the property owners association and the outlots have a well defmed use and value to the businesses and would be unlikely to go tax forfeit. 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 three commercial lots and five outlots to be known as "Andover Marketplace East", subject to the following conditions: 1. The preliminary plat shall conform with plat stamped as "Received October 28, 2003 by the City of Andover". 2. A variance is granted to allow Outlots A,B,C,D and E as shown on the preliminary plat drawing stamped as "Received October 28, 2003 by the City of Andover". 3. Each building site shall be required to complete the commercial site plan review process. 4. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, and MPCA. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. Plans shall be revised as necessary to obtain approval from the Andover Review Committee and the Coon Creek Watershed Management Organization. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 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. 7. A Subdivider's Cash Escrow or irrevocable letter of credit in the amount of 150% of construction costs to cover installation of on site improvements including trails, landscaping, irrigation, benches, lighted fountain and pergola shall be provided as a part of the development agreement and posted with the City's Finance Director. 8. A Subdivider's Cash Escrow or irrevocable letter of credit in the amount of 105% of construction costs to cover installation of on site improvements including private streets, lighting and utilities shall be provided as a part of the development agreement and posted with the City's Finance Director. 9. All utilities and drainage areas on the site are private and will be maintained by the owners association. 10. The loading dock shall be revised as necessary to allow delivery vehicles to safely enter and exit the site. 11. Modifications to median and all related street construction must be approved by the City Engineer and will be constructed at the developer's expense. 12. A trail easement must be provided for the trail on the north side of Station parkway. 13. 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. 14. Cross access agreements are required to allow shared access to the private street and parking areas. 15. Park dedication and trail fees shall be paid in compliance with the City Code at the time that each property is purchased from the Economic Development Authority. 16. The existing wetland will be reconfigured and compensating wetland areas will be constructed on site and at Andover Station North at the developer's expense. 17. Private lighting is required to be installed along the private road on outlot D. Such lighting shall be consistent with the typical light fixtures in Andover Station. 18. The failure on the part of the petitioner to obtain final plat approval within one year from the date of this approval shall deem the preliminary approval to be null and void. Adopted by the City Council of the City of Andover this 4th day of November, 2003. CITY OF ANDOVER ATTEST: (L/:;..~/ (i/~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 193-03 A RESOLUTION APPROVING THE VARIANCE REQUEST FOR WILLIAM AND RENAE DRAGER TO REDUCE THE SIDE YARD SETBACK TO 29 FEET ON PROPERTY LOCATED AT 3479 SOUTH COON CREEK DRIVE NW. WHEREAS, William and Renae Drager have petitioned to vary from the 40-foot yard setback requirement of Chapter ]2-3-4 for property located at 3479 South Coon Creek Drive NW legally described as follows: That part of Government Lot 4, Section 29, Township 32, Range 24, described as follows: Commencing at the Southeast corner of said Government Lot 4; thence Northerly along the Ease line of said Government Lot 4, a distance of 598.25 feet to a point lying and being in the approximate centerline of a town road known as South Coon Creek Drive, thence Northwesterly along the centerline of said road at an internal angle of 132 degrees 05 minutes a distance of707.50 feet to the actual point of beginning; thence continuing Northwesterly along said road a distance of 140,0 feet to a point lying and being in the center of the intersection of the said South Coon Creek Drive and a County Road known as Round Lake Boulevard; thence North 43 degrees East along the centerline of the said Round Lake Boulevard a distance of200 feet; thence Southeasterly at right angles a distance of 140,0 feet; thence Southwesterly at right angles and parallel with the centerline of the said Round Lake Boulevard a distance of 199.56 feet, more or less, to the actual point of beginning, Anoka County, Minnesota, WHEREAS, the City Council finds that the special circumstance for the subject property is the fact that the structure was built in compliance with established setbacks at the time of construction. A highway expansion project on the part of Anoka County and MNDo T reduced the property's side yard setback and caused the nonconformity, and; WHEREAS, reducing the side yard setback to 29 feet is not contrary to the intent of the ordinance because all of the properties along the Round Lake Boulevard Expansion Project are subject to an identical hardship and have similar setback reductions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow: ]. A side yard setback of twenty-nine (29) feet (adjacent to Round Lake Blvd,) Adopted by the City Council of the City of Andover on this 4th day of November 2003. CITY OF ANDOVER ATTEST: ~~cA'~ :Michael R. Gamache, Mayor ~ ()~J Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 192-03 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER, STREET LIGHTING AND/OR MOWING SERVICE 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, street lighting and/or mowing service charges. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCil. OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one annual instalhnent on or before the first Monday of January, 2004 and shall bear interest at the rate of 8 percent per year. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, 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 4th day of November, 2003. CITY OF ANDOVER ATTEST: ()ut;;,~ U4 Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 191-03 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 02-42 FOR SANITARY SEWER IN THE FOLLOWING AREA OF 1508 -148TH LANE NW. WHEREAS, the City Council did on the 21st day of October ,2003, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility stud~ was prepared by the City Enoineer and presented to the Council on the 4 day of November ,2003; 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 $ 7.246.78 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 $ 7.246.78 and waive the Public Hearing. MOTION seconded by Councilmember Trude and adopted by the City Council at a reoular meeting this ~ day of November , 2003 , with Councilmembers Kniqht. Trude, Jacobson. Orttel. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: z~~~~ ichael R. Gamache - Mayor ~IJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Resolution No. R190-03 BEING A RESOLUTION APPROVING INTERFUND TRANSFERS OF NON-INCREMENT REVENUES FROM TAX INCREMENT FINANCING DISTRICT 1-2. WHEREAS, on September 2, 1986 the City of Andover (the "City") created its Tax Increment Financing District No 1-2., (the "District") within its Development Program within its Development District No. 1 (the "Project");and WHEREAS, in 1997 the legislature defined tax increments to include interest or other investment earnings on or from tax increments received after July 1, 1997; and WHEREAS, the District has interest earnings of$221,033 received prior to July 1, 1997; and WHEREAS, the interest earnings received prior to July 1, 1997, are not defined as tax increment revenues; and WHEREAS, the City desires to transfer non-increment revenue from the tax increment fund. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that a transfer of $221,033 of non-tax increment revenue be made to the Building Fund (420). DATED: October 21, 2003 ~;;v'~ ~ Michael R. Gamache - Mayor ATTEST: I Lz;~~ -' ()& Victoria V olk - City Clerk (Seal) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Resolution R189-03 BEING A RESOLUTION APPROVING INTERFUND TRANSFERS OF NON-INCREMENT REVENUES FROM TAX INCREMENT FINANCING DISTRICT 1-1. WHEREAS, on July 29, 1986 the City of Andover (the "City") created its Tax Increment Financing District No I-I., (the "District") within its Development Program within its Development District No. I (the "Project");and WHEREAS, in 1997 the legislature dermed tax' increments to include interest or other investment earnings on or from tax increments received after July I, 1997; and WHEREAS, the District has interest earnings of$625,175 received prior to July I, 1997; and WHEREAS, the interest earnings received prior to July 1, 1997, are not defined as tax increment revenues; and WHEREAS, the City desires to transfer non-increment revenue from the tax increment fund. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that a transfer of$625,175 of non-tax increment revenue be made to the Building Fund (420). DATED: October 21, 2003 ~~~ / Michael R. Gamache - Mayor ATTEST: ~tJ$ Victoria V olk - City Clerk (Seal) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R188-03 A RESOLUTION GRANTING THE CONDITIONAL USE PERMIT REQUEST OF HANSON BUILDERS, INC. FOR A PLANNED UNIT DEVELOPMENT OF A RESIDENTIAL DEVELOPMENT CONSISTING OF FORTY ONE (41) SINGLE FAMILY HOMES TO BE KNOWN AS THE SUBDIVISION OF "BUNKER LAKE VILLAGE" ON PROPERTY LEGALLY DESCRIBED AS; Lot 1, Block 1 and Lot 1, Block 6 Hills of Bunker Lake 3rd Addition, and Lot 1, Block 5 Hills of Bunker Lake 4th Addition, Anoka County Minnesota WHEREAS, Hanson Builders, Inc. has requested a Conditional Use Permit for a Planned Unit Development for a residential development consisting of 41 units to be known as the subdivision of "Bunker Lake Village" pursuant City Code 13-3, Planned Unit Development on the property legally described above, and; WHEREAS, the Planning Commission 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 Development. WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, a public hearing was held before the Planning Commission and there was no opposition to the request; and WHEREAS, the Planning Commission is recommending to the City Council the approval of the Conditional Use Permit for the Planned Unit Development as requested. WHEREAS, the Council fmds 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 a Planned Unit Development for Hanson Builders, Inc. on said property with the following conditions: 1. The Conditional Use Permit for the Planned Unit Development shall be contingent upon the approval of the preliminary plat and rezoning applications. If one of these applications fails to be approved, in whole or in part, the Conditional use permit shall be considered null and void. 2. The development shall conform to City Code Titles 11, 12 and 13, as well as Exhibit A and Exhibit B 'Bunker Lake Village Development Standards'. Exhibit A and B shall regulate when in conflict with the City Code. 3. 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 ofIncorporation 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. 4. A variance is granted to City Code 9-1-4 to allow the structures to be similar in design and exterior appearance. 5. That the Conditional Use Permit shall be subject to a sunset clause as defined in City CodeI2-15-6. Adopted by the City Council of the City of Andover on this 21st day of October, 2003. ATTEST CITY OF ANDOVER ~~~ michael R. Gamache, Mayor 11;/;;;"..) ()ffi Victoria Volk, City Clerk Exhibit A Bunker Lake Village Development Standards Average Lot Area Average Lot width Average Lot Depth 6,600 square feet 50 feet 132 feet Land Area (acres) Number of Units Density (units/acre) 10.18 41 4 Front Side Interior Side corner lot Rear Homes 11.5 feet to right-of-way, 25 feet to street 5 feet garage, 8-12.5 feet living space 20-34 feet 24 to 52 feet, 30 feet average, 30 feet to Hanson The homes and all exterior materials shall be constructed to match the elevations and floor plans stamped received by the City of Andover November 6, 2003. Landscaping Plan The Landscaping Plan shall conform to the plan stamped received by the City of Andover October 16,2003 and approved by the City Council on November 6, 2003. Area Identification Sign The Area Identification Sign shall be located conform to the landscaping plan stamped received by the City of Andover November 6, 2003. The sign shall substantially conform to the photograph of a similar sign stamped received by the City of Andover September 15, 2003. ~ . " . -- -3Zo- I , o , , I o , ~ , , )- '" . :;. IN -I" \. Ham Lake, MN : HibbiD(. KN ! RI...K.. Wnnetonk.. KN ""II Kt1USlSTO LT:D J Phone: 1763) 434-7646 _ Pa%: 763) 4$4-8007 0.. \. J ,,"",".rlk-kuulli8to.eolQ . ~ . /l 1321 Andover Boulevt\rd . Suite 114. Ham. LaIl:e, MN :i5$04 o I I SCALE Exhibit B page 1 r-- <D ,...: '" ---- ~ L_ 11. 0 I ~ : :\ : L J T zoo' setback line I based on figure 13 ) provided by the MPCA- '" '" o r-- 350 - -ct- RECEIVED ~;E)) 1 6 :. . ~ 50 I IN 100 I CITY OF ANDOVER FEET BUNKER LAKE ~LLAGE DETAil, LOT 13, BLOCK 2 -fl- SHEET I 1/5 PRo.ECT I 2003262K Exhibit B page 2 o If) ~ ~ 5.00. 1 r 11.00 I I I I I i ( I I I I ) ~ 12..00 8.00 ~ , , t I , , , , I , ~ , , , ~ . ~ < I , o , I " , , , , :l J '" , "- o ~ . , o o o J o o 00 , o " , ~ I I I I I I L_-r_J I I I I I I L_____.J I I I I I L____ o If) N .... o iO o .n RECEIVED -ct- ~~'J 1 6 " "~ - o I I SCALE 20 I IN 40 I FEET CITY OF ANDOVER E o " , " 3~ ~ RLK. ~ I ~ J P~~7: f;g;j *:~~~ DETAIL ~ 'II"'It"\lI'".rlk-kuu81slo.com t ~ 1321 An40l'er Boulev&r<I - SuIte 114. Ham Lake. )IN 5530. Duluth. MN Ram Lake. UN Hibb~.1lN KlnuetoDh. 1m SHEET # 2/5 BUNKER LAKE ~LLAGE TYPICAL LOT IN BLOCKS 2 & 3 -7-' . PRO..Ecr# 2003262K ---I I I I I I /""'\ RLK . I XUtl:!:mn'O LTD) . "-..../ 1321 A..D.doveJ' Boulevard. . Suite 114. Ham. Lake, !IN 55304 Duluth, MN Ham. Lake, MN Jh'bbq, KN lIinneUlDka. Phone: 17.3l 434-7lU6 Pu: 763 -'34-8007 ...............rlk-oullisto.eom o '" ,,; ... o "'! ;;; J-- I I I I I 12.00 8.00 ~ ( I I I ) ~ I I I I I 11.00 I J L 5.00 o on ~ -~ r------, I I I I I I I I I I Exhibit B page 3 RECEIVED ~~:) 1 S 20 CiTY OF ANDOVER o I SCALE IN 40 I FEET BUNKER LAKE ~LLAGE DETAIL, TYPICAL LOT IN BLOCKS 1 -/0'- &4 SHEET , 3/5 PROJECT , 2003262K / 1 1 60 <~ '~l ,--- I I I t..___ ~ Duluth. HN I '\ Ram Lake, KN RLK Bi......lIN ltinnetonka, KN KUtJSISTO LTD ) Phone: (763l 434-76.(.6 FI(l.%: (763 434-8007 ~ """,,.rlk-kuusisto.cOD1 .321 AJl,dO'Per BoulevU'd. . SUite 114. H4l:Il. LaJl:e, )iN 55304 CITY OF ANDOVER / / ~~ ..J o 00 N ~ o 00 ~ ~ ell>- o I I SCALE 30 I IN 60 I FEEr BUNKER LAKE ~LLAGE DETAIL. LOT 1. BLOCK 4 -//- o ,., ,..: '" Exhibit B page 4 5.00 RECEIVED p: 16 "- SHEET # 4/5 PRO.ECT # 2003262K / 5.00 I i.. ,~ RLK l" I KUU9ISTO LTD ) Phone: (763) '34-7646 pe,x: (763 434-9007 ; ~ . W'1I"1I".rlk-buaillto.clIm "t321 Andover Boulevard. SUite 114. HaIll. Lake, lIfN 55304 &uIu\h. am Run Lake, MN Hibbin&:,XN WnneloDka. 1m ~ N 0> oj ~ L o OIl ~ ~ o I SCALE ~ ~ o It) '" I I I I I I I I ---, I I --j11.631-- ___.J I I I ~ C;; -~ 30 60 I FEET CITY OF ANDOVER IN BUNKER LAKE ~LLAGE DETAIL, LOT 2. BLOCK 4 -rJ..-- Exhibit B page 5 RI::.CEIVED , ;:' 1 5 SHEET I 5/5 PROJECT I 2003262K CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R187-03 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "BUNKER LAKE VILLAGE" FOR PROPERTY LOCATED IN SECTION 35, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS; Lot 1, Block 1 and Lot 1, Block 6 Hills of Bunker Lake 3rd Addition, and Lot 1, Block 5 Hills of Bunker Lake 4th 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 and Zoning Commission has conducted a public hearing on said plat, and; WHEREAS, the applicant has requested a variance to the intersection spacing requirements of City Code 11-3 to allow intersections to be less than 330 feet from Hanson Boulevard at I 40th Lane NW, 139tl1 Lane NW and 138th Lane NW, and; WHEREAS, the City Council finds that the special circumstances for the proposed variance are as follows: 1. Direct access to Hanson Boulevard for the project will not be allowed by the Anoka County Highway Department. 2. The properties do not have enough frontage to locate an access to local streets in compliance with the intersection spacing requirements. WHEREAS, the applicant has requested a variance to the corner side yard setback requirements of . City Code 12-3-4 for the existing house at 1568 104th lane NW, and; WHEREAS, the City Council finds that the special circumstances for the proposed variance are as follows: I. 2. The City's Transportation Plan indicates a through street connection from 140th Lane NW to 138th Lane NW. The distance between Hanson Boulevard and the east property line of Lot 1, Block 1, Hills of Bunker Lake Third addition does not provide enough distance to locate a street connection and meet the corner yard setback requirements of City Code 11-3-4. WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets all other criteria of City Code 11-3, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the preliminary 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 ofthe Planning and Zoning 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 any of these applications or requests fails to be approved, in whole or in part, the preliminary plat shall be considered null and void. 2. The preliminary plat shall conform to the drawing revised September 24, 2003 and stamped received by the City of Andover October 15, 2003. 3. The conditional use permit for planned unit development review shall regulate the setbacks, design and materials of the units, landscaping plan, area identification sign and association documents for the proposed development. 4. Signing of the Development Contract acceptable to the City Attorney to prior to recording of the plat.Such plat approval is contingent upon a development agreement 5. Review and approval of the association and covenant documents and the Title of the property by the City Attorney prior to Final Plat recording. 6. The applicant shall make a payment to the City for the cost to construct a westbound right tum lane from l39th Lane NW onto Hanson Boulevard in the amount determined by the Engineering Department. 7. A Subdivider's Cash Escrow or irrevocable letter of credit in the amount of 150% of construction costs to cover installation of sidewalk, on-site improvements including all construction of hard surface driveways, concrete sidewalks, landscaping and irrigation on the site shall be posted with the City's Finance Director. 8. 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. The current rate is $523 per lot, which would result in a trail fee of $21 ,443. 9. The sidewalks along 140th, 139th and 138'h Lane NW shown on the plat shall be constructed at the expense of the developer. 10. All storm sewer and drainage areas are considered private and will be maintained by the property owners association at their expense. 11. A certificate signed by a licensed engineer must be provided that states that all final lot and building grades are in conformance to grading/drainage/erosion control plan approved by the City Engineer prior to the issuance of the Certificate of Occupancy. 12. 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. 13. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 14. A variance is granted to City Code 12-3-4 to allow a corner side yard setback of 13 feet from the new right-of-way for Eagle Street NW for the existing house at 1568 140th Lane NW. 15. A variance to City Code 11-3 is granted to allow reduced intersection spacing from Hanson Boulevard at 140th Lane NW, 139th Lane NW and 138th Lane NW. Adopted by the City Council of the City of Andover this 21st day of October, 2003. CITY OF ANDOVER ATTEST: tLk:V /I r-tb Victoria Volk, City Clerk ~~~ Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Resolution R186-03 RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ANDOVER, MINNESOTA $13,145,000 SENIOR HOUSING REVENUE REFUNDING BONDS (pRESBYTERIAN HOMES OF ANDOVER, INC. PROJECT), SERIES 2003, TO REFUND THE CITY OF ANDOVER, MINNESOTA, ELDERLY HOUSING REVENUE BONDS, SERIES 1997 (pRESBYTERIAN HOMES OF ANDOVER, INC. PROJECT); APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF THE BONDS AND VARIOUS DOCUMENTS RELATING THERETO AND APPROVING THE ISSUANCE AND SALE OF THE BONDS WHEREAS, the City of Andover, Minnesota (the "Issuer"), is authorized by Chapter 462C, Minnesota Statutes, as amended (the "Act"), to issue revenue bonds for the purpose of fmancing or refmancing projects including any land, building or other improvement and real or personal property, whether or not in existence, to the end that more adequate residential housing facilities for seniors and low- and middle-income families and persons may be provided, to enter into fInancing agreements with others for the purpose of providing revenues to pay such bonds, and further to secure the payment of such bonds; and WHEREAS, pursuant to the terms of the Act, the Issuer issued its Elderly Housing Revenue Bonds, Series 1997 (Presbyterian Homes of Andover, Inc. Project), in the principal amount of $13,980,000 (the "Prior Bonds") to finance the acquisition, installation and construction of an elderly housing facility, located at 3331 Bunker Lake Boulevard Northwest in Andover, Minnesota (the "Project"); and WHEREAS, Presbyterian Homes of Andover, Inc. a Minnesota nonprofit corporation (the "Borrower") has requested the Issuer to issue senior housing revenue refunding bonds in the maximum aggregate principal amount of $13,145,000 in accordance with the provisions of the Act and to loan the proceeds thereof to the Borrower to refinance the costs of the Project and refund the outstanding principal amount of the Prior Bonds; and WHEREAS, proposed forms of the following documents (the "Bond Documents") have been submitted to the City Council of the Issuer (the "Council") and filed in the office of the City Administrator of the Issuer (the "City Administrator") and are there available for public inspection: (a) a Financing Agreement dated as of November 1, 2003 (the "Financing Agreement"), among the Issuer, the Borrower and U.S. Bank National Association, a national banking association (the "Trustee"); 1565087v2 (b) a MultifarnilyNote, to be dated as of November 1, 2003 (the "Note") from the Borrower to the Issuer or its assigns; (c) an Indenture of Trust, to be dated as of November 1, 2003 (the "Indenture") between the Issuer and the Trustee; (d) an Assignment and Intercreditor Agreement to be dated as of November 1, 2003 (the "Assignment"), among the Issuer, the Trustee and Fannie Mae, a corporation organized and existing under the Federal Mortgage Association Charter Act ("Fannie Mae") and acknowledged by the Borrower; (e) a Bond Purchase Agreement (the "Bond Purchase Agreement") among the Issuer, U.s. Bancorp Piper Jaffray Inc. (the "Underwriter") and the Borrower; (f) a Consent and Subordination of Issuer to Assignment of Tax Increment Financing executed by the Issuer in favor of Fannie Mae; and (g) an Official Statement (the "Official Statement") pertaining to the Bonds as hereinafter defmed; and WHEREAS, the Borrower has proposed that the refunding bonds be supported by a credit facility (the "Credit Facility") provided by Fannie Mae; and WHEREAS, the Council desires to issue its Senior Housing Revenue Refunding Bonds (presbyterian Homes of Andover, Inc. Project), Series 2003, in the maximum aggregate principal amount of$13,145,000 (the "Bonds"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA, THAT: Section 1. Aoorovals and Authorizations. The forms of the Bond Documents are hereby approved. The Mayor and the City Administrator are hereby authorized and directed to execute the Bond Documents (except the Official Statement) and to affix the seal of the Issuer thereto and the Mayor and the City Administrator are further authorized and directed to execute and authenticate such other documents, instruments or certificates as are deemed necessary or desirable by bond counselor the City Attorney in order to issue and secure the Bonds. Such documents are to be executed in substantially the form hereinabove approved, provided that such documents may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Resolution. Copies of all of the documents shall be delivered, recorded, and filed as provided therein. When executed, the right, title and interest of the Issuer in, to and under the Financing Agreement and the Note (except as therein provided) shall have been assigned to the Trustee pursuant to the Indenture and Fannie Mae pursuant to the Assignment. The use, distribution and circulation of the Official Statement by the Underwriter are hereby approved, ratified, confirmed and authorized, subject to such further amendments or additions thereto as may be required by the Bond Purchase Agreement, and the Underwriter is 1565087v2 2 hereby authorized to use, distribute and circulate the Official Statement in connection with the marketing of the Bonds. Section 2. Issuance of Bonds. The issuance of the Bonds is hereby authorized and the sale thereof pursuant to the Bond Purchase Agreement is hereby approved. The form of Bonds set forth in the Indenture is hereby approved; the Bonds shall be executed with the manual or facsimile signatures of the Mayor and the City Administrator on the face of the Bonds in substantially such form with appropriate insertions and variations, and the seal of the Issuer or a facsimile thereof is hereby adopted and authorized to be affixed or imprinted thereon; and the Mayor or the City Administrator are authorized and directed to deliver the Bonds to the Trustee for authentication under the Indenture and, when they have been authenticated, to deliver them or cause them to be delivered to the Underwriter pursuant to the Bond Purchase Agreement against receipt of the purchase price as specified therein, plus any accrued interest due, and to deposit the amount so received as provided in the Indenture. Section 3. Terms of Bonds. The Bonds shall be in the maximum aggregate principal amount of $13,145,000, shall be dated as of the date of issue, or as otherwise provided in the Indenture, and shall be issued as fully registered bonds without coupons in denominations of $100,000 and $5,000 multiples in excess thereof or as otherwise provided in the Indenture. The Bonds may be issued in book-entry-ouly form. The Bonds shall mature on November 15, 2033 and shall bear monthly or semiannual interest payable on the fifteenth day of each month or appropriate semiannual payment dates, as set forth in the Indenture, commencing as soon as practicable after their date of issuance, at a rate or rates which shall be determined as provided in the form of the Bonds and Indenture. The Bonds may be made subject to purchase at the election of the owners thereof, to mandatory redemption prior to maturity and to redemption prior to maturity at the option of the Borrower in such manner as provided in the Indenture. The actual interest rates of the Bonds shall be established by the Underwriter, as remarketing agent, in the manner contemplated by the Indenture, provided that such rates shall not exceed eight percent (8%) per annum. The numbers and provisions for redemption of the Bonds, the provisions for tender of the Bonds by the registered owners thereof, the registration and exchangeability privileges, the medium and place of payment, and the priorities in revenues under the Indenture, shall be as set forth (a) in the form of the Bonds, which form is hereby. approved and incorporated herein by reference as if set forth in full, and (b) in the form of the Indenture hereinbefore approved and so incorporated. Section 4. Determinations. In accordance with the Act; it IS hereby found, determined and declared that: (a) the refinancing of the costs of the Project will promote the public health, welfare, safety, convenience and prosperity by providing more adequate residential housing facilities for seniors and low- and middle- income families and persons; (b) the amount necessary in each year for the payment of maturing principal of and interest on the Bonds shall be determined in the manner and subject to the limitations set forth in the Indenture and the Financing Agreement, under which the maximum amount of interest which may be payable in any year is limited to eight percent (8%) on the outstanding principal amount of the Bonds, and the maximum amOunt of 1565087v2 3 principal which may become payable in any year by reason of maturity, redemption in advance of maturity, or otherwise is the original principal amount of the Bonds, provided that smaller amounts of principal may be payable in particular years by reason of redemptions in advance of maturity; (c) except as may be required by Fannie Mae in connection with the Credit Facility, no reserve funds are required in connection with the retirement of the Bonds or the maintenance of the Project; and (d) the Financing Agreement provides and shall provide that the Borrower shall maintain or cause to be maintained the Project and carry or cause to be carried all proper insurance with respect thereto. Section 5. Authentication of Bonds. The Trustee is hereby requested to authenticate the Bonds and to deliver them to, or upon the order of, the Mayor or the City Administrator. ' Section 6. Investment of Funds. The Trustee shall be, by virtue of this Resolution and without further authorization from the Issuer, authorized, directed and requested to invest and reinvest all moneys available therefor held by it pursuant to the Indenture which by the terms of the Indenture may be invested, or to deposit and redeposit such moneys in such accounts as may be permitted by the Indenture, at the direction of the Borrower and subject to the terms and limitations contained in the Indenture. Section 7. Incidental Action. The proper officers of the Issuer are hereby authorized and directed to prepare and furnish to bond counsel certified copies of all proceedings and records of the Issuer relating to the Bonds and to execute and deliver such other documents, and to take such other action as may be necessary or appropriate in order to effectuate the delivery of the Bond Documents, the performance of the Issuer's obligations thereunder, and the issuance and sale of the Bonds. The approval hereby given of the various documents referred to above includes the approval of such additional details and revisions therein as may be necessary or convenient to carry out the purposes of this Resolution, and as may be approved by bond counselor this Resolution, and as may be approved by bond counselor the City Attorney prior to the execution of the documents. The execution of any instrument by the appropriate officers of the Issuer herein authorized shall be conclusive evidence of the approval by the Issuer of such instrument in accordance with the terms hereof. Section 8. Nature of Obligation. Under the provisions of the Act, and as provided in the Financing Agreement and the Indenture, the Bonds shall be special, limited obligations of the Issuer payable solely from, and secured by a pledge of, the revenues derived from the Trust Estate, as defined in the Indenture. The Issuer will not pledge any of its property or secure the payment of the Bonds with its property. The Bonds and the interest thereon shall never constitute the debt, indebtedness or financial obligation of the Issuer within the meaning of any provision or limitation of the Constitution or statutes of the State of Minnesota and shall neither constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. The Issuer will not payout of its general fund or otherwise contribute any part 1565087v2 4 of the cost of the Project or the refInancing thereof. Neither the members of the Council nor any officer, employee or agent of the Issuer shall incur any personal liability by reason of the issuance of the Bonds or the other actions contemplated by this Resolution. Section 9. Resolution Irrepealable. After the Bonds are issued, this Resolution shall constitute a contract between the Issuer and the owners of the Bonds and shall remain in force until the Bonds, both principal and interest, shall be fully paid, canceled and discharged. Nothing herein shall prevent the amendment, in accordance with their terms or as may be permitted or required by law, of the documents authorized hereby. Section 10. Ratification. All action heretofore taken by the Issuer and by the officers thereof inconsistent herewith directed toward the refinancing of the costs to the Project incurred to acquire, construct and install senior housing facilities, the refunding, in whole or in part, of the Prior Bonds and the issuance and sale of the Bonds is hereby ratified, approved and confirmed. Section 11. Severability. If any paragraph, clause or provision of this Resolution except Section 8 hereof, such judgment shall not affect, impair or invalidate the remaining paragraphs, clauses or provisions hereof. Adopted: October 21, 2003. By: ~~~~~ Its:M/iYor ATTEST: 1565087v2 5 STATE OF MINNESOTA COUNTYOFANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Administrator 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 of said City duly called and held on the date therein indicated, insofar as such minutes relate to the authorization of the issuance of the $13,145,000 Senior Housing Revenue Refunding Bonds (presbyterian Homes of Andover, Inc. Project) Series 2003. WITNESS my hand and seal of said City this C(/sr day of {)c. T"B tiflZ ,2003. . . strator (SEAL) 1565087v2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 185-03 MOTION by Councilmember Knioht 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. 02-42, IN THE AREA OF 1508-148iH LANE NW. WHEREAS, the City Council has received a petition, dated October 15. 2003 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 Citv Enoineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reoular meeting this 21st day of October , 2003, with Councilmembers Knioht. Jacobson. Orttel. Gamache. Trude 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 IJ~ Offi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 184-03 A RESOLUTION PROVIDING COVERAGE FOR INJURIES TO ELECTED AND APPOINTED OFFICALS. WHEREAS, the City of Andover has the responsibility to provide workers compensation benefits to it's employees; and WHEREAS, M.S. 176.011, subd. 9, (5) provides that "municipal officers elected or appointed for a regular term of office" are considered to be "employees" for workers compensation purposes only if the city has passed an ordinance or resolution to that effect; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover pursuant to M.S. 176.011, subd. 9, clause 6 elected officials and members of the Planning Commission and Parks and Recreation Commission are included in the coverage of the workers compensation act. Adopted by the City of Andover this 21st day of October 2003. CITY OF ANDOVER ~~~ ~' ATTEST: Ichael R. Gamac e - Mayor ~ IJ.& Victoria V olk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. 183.,.03 A RESOLUTION REVOKING A SPECIAL USE PERMIT ISSUED TO WILLIAM RADEMACHER FOR THE INSTALLATION OF GAS TANKS, MOTOR FUEL, AND PROPANE TANKS AT THE PROPERTY KNOWN AS LOT 1, BLOCK 6, HILLS OF BUNKER LAKE 3RD ADDITION. WHEREAS, a special use permit was granted to William Rademacher on September 6, 1988; and WHEREAS, the proposed use of the property was a convenience store with gas tanks; and WHEREAS, the property has not been used as proposed; and WHEREAS, the property has been sold to a developer for use as a town house development. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Andover to hereby revoke the Special Use Permit issued to William Rademacher under Resolution No. R203-88 and filed with the Anoka County Recorder as Document #838479. Adopted by the City Council of the City of Andover this ~day of October. 2003. CITY OF ANDOVER Attest: ~v/ /?c~~,~~ Mi I R. Gamache - Mayor ,rf)~ tJ/b Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 182-03 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ACCEPTING DONATIONS MADE TO THE CITY OF ANDOVER TOWARD THE DEVELOPMENT OF PROJECT NO. 03-1 ,PRAIRIE KNOLL 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 E.H. Renner & Sons is the installation of a 2W' utility hydrant for flooding rinks and fire protection, which is a $2,000.00 value and also, $1,000.00 in cash to be deducted from the final payment for the well construction. WHEREAS, the donation from Connexus Energy for $1,000.00 in cash to utilize towards improvements to the park. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donations, which are to be used towards the development of Prairie Knoll Park. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 21st day of October ,2003, with Councilmembers Kniaht. Jacobson. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~?Vk, ~ ichael R. Gamache - Mayor tJ,--'Z";'J ;)/.-0 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 181-03 MOTION by Councilmember Knight to adopt the following: A RESOLUTION TERMINATING PROJECT NO. LAKE BOULEVARD NW. 01-32 ,1350 BUNKER WHEREAS, the City Council had previously approved Project 01-32, sanitary sewer and watermain; and WHEREAS, the property owner has requested the project be terminated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby terminate Project 01-32, sanitary sewer and watermain at 1350 Bunker Lake Boulevard NW. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this 21st day of October ,2003 , with Councilmembers Kniaht. Jacobson, Oltte!. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: .~~? ~ !1..:t;~ ) 0$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 180-03 MOTION by Councilmember KniQht to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 03-17,14027 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, 2004 and shall bear interest at a rate of --.2.... 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 Jacobson and adopted by the City Council at a reqular meeting this 21st day of October ,2003, with Councilmembers KniQht. Jacobson, Ortie!. Gamache, Trude voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: '7'~K~~ ~chael R. Gamache - Mayor ~ ()-d/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 179-03 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 03-14, 13752 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 ~ years, the first of the installments to be payable on or before the 1st Monday in January, 2004 and shall bear interest at a rate of ----2..... 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 Jacobson and adopted by the City Council at a reaular meeting this 21st day of October ,2003, with Councilmembers Kniaht, Jacobson, Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER none voting ATTEST: ~ Ichael R. Gamache - Mayor (J~ tJ"e Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 178-03 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN PROJECT NO. 03-13, 14359 WOODBINE STREET 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 A-- years, the first of the installments to be payable on or before the 1st Monday in January, 2004 and shall bear interest at a rate of ~ 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 Jacobson and adopted by the City Council at a reaular meeting this 21st day of October ,2003, with Councilmembers Kniaht. Jacobson, Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: ~~~<<ed~ MIchael R. Gamache - Mayor ~o~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 177-03 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN PROJECT NO. 02-41, 14381 OSAGE STREET 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, 2004 and shall bear interest at a rate of --.2.... 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 Jacobson and adopted by the City Council at a regular meeting this 21st day of October ,2003, with Councilmembers Knight. Jacobson, Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER none voting ATTEST: ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R176-03 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 1l01161sT AVENUENW (p.I.D. 14-32-24-12-0004) LEGALLY DESCRIBED ON EXHIBIT A; WHEREAS, Pentagon Holdings has petitioned the City of Andover to extend municipal sewer and water to the subject property, and; WHEREAS, The 2020 Metropolitan Urban Service Boundary (MUSA) does not include the subject property, and; WHEREAS, analysis of the City's sanitary sewer trunk system has determined that sufficient capacity exists to serve 47.5 acres of the 75 acresubject property, 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 amendment as requested, 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 agrees with the recommendation of the Planning and Zoning Commission and adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1) Extend the 2020 Metropolitan Urban Service Boundary (MUSA) to include the . properties, legally described in Exhibit A. 2) Approve the addition of the subject property to the 2000-2005 stage of sewer expansion on the City's Sewer Expansion Plan. 3) Subject to review and approval by the Metropolitan Council. Adopted by the City Council of the city of Andover on this 7th day of October, 2003. CITY OF ANDOVER ;f~~d ~ ~lchael R. Gamache, Mayor ATTEST: ~{/~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 175-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF DELINQUENT SEWER, WATER AND/OR STREET LIGHT CHARGES WHEREAS, in accordance with City Ordinances 32, 55 and 86 a listing of delinquent sewer, water and/or street light charges has been prepared. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. A hearing shall be held the 4th day of November 2003, at City Hall at 8:01 P.M. to pass upon such proposed assessment and at such time arid 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 least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll no less than two weeks prior to the meeting. 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 Kni ght City Council at a reClular meeting this 7th day of and adopted by the October , 2003, 'th C ., b Jacobson . f f WI ouncl mem ers Gamache. Orttel.Knight. Trude, VOting In avor 0 the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: JfJ'~ .d' chael R. Gamache - Mayor /L~';A-' UP- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 174-03 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 03-31, EMERGENCY VEHICLE PREEMPTION (EVP) SYSTEMS FOR THE FOLLOWING LOCATIONS: HANSON BOULEVARD NW & BUNKER LAKE BOULEVARD NW, ROUND LAKE BOULEVARD NW & BUNKER LAKE BOULEVARD NW. CSAH 7 & BUNKER LAKE BOULEVARD NW. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 153-03, dated September 2, 2003, bids were received, opened and tabulated according to law with results as follows: Base Bid Egan-Mckay Electrical $16,400.00 Electrical Installation & Maintenance$16,700.00 Killmer Electric Co. $18,730.00 Alternate Bid $6,570.00 $7,060.00 $8,257.00 Total Bid $22,970.00 $23,760.00 $26,987.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Eqan-Mckav Electrical as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Eqan-Mckav Electrical in the amount of $ 22,970.00 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 Kniqht and adopted by the City Council at a reqular meeting this ih day of October , 2003 , with Council members Trude, Kniqht. Orttel. Jacobson, Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: --:h/' ~~~ Ichael R. Gamache - Mayor ~ t/ft Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 173-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT 03-17, 14027 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 $ 6,114.78 so that the total cost of the improvement will be $ 6,114.78 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 $ 6.114.78 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 2004 ,and shall bear interest at the rate of 6 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 City Council at a regular meeting this ih Kniqht and adopted by the day of October, 2003 , with Councilmembers Trude. Kniqht. Orttel. Jacobson. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~(/& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 172-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN , FOR PROJECT 03-14, 13752 ROUND LAKE 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 $ 6,795.02 so that the total cost of the improvement will be $ 6,795.02 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 $ 6,795.02. 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 1st Monday in January 2004 , and shall bear interest at the rate of 6 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 City Council at a reQular meeting this ih KniQht and adopted by the day of October, 2003 , with Councilmembers Trude, KniQht, Ortlel, Jacobson. 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 ~ dv-!L, Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 171-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN , FOR PROJECT 03-13, 14359 WOODBINE STREET 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 $ 3,806.79 so that the total cost of the improvement will be $ 3.806.79 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 $ 3.806.79 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 2004 , and shall bear interest at the rate of 6 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 City Council at a reQular meeting this yth KniQht and adopted by the day of October, 2003 , with Councilmembers Trude, KniQht. Orttel. Jacobson, 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 ~ ov/L; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 170-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN, FOR PROJECT 02-41, 14381 OSAGE STREET 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 $ 2.318.00 so that the total cost of the improvement will be $ 2.318.00 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 $ 2.318.00 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 2004 ,and shall bear interest at the rate of 6 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 City Council at a reQular meeting this ih KniQht and adopted by the day of October, 2003 , with Councilmembers Trude. Knioht, Ortiel. Jacobson. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ L.L Ichael R. Gamache - Mayor fL;t;;,~ tJva Victoria Volk - City Clerk MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 169-03 Trude to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION FOR THE IMPROVEMENT OF SANITARY SEWER AND WA TERMAIN , PROJECT NO. 94-6 , IN THE 14604 DRAKE STREET NW AREA. WHEREAS, the City Council has received a petition, dated September 22. 2003 , 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 City Clerk will contact Anoka County to have the assessment levied to the property. MOTION seconded by Council member Kniaht and adopted by the City Council at a reaular meeting this L day of October ,2003, with Councilmembers Trude. Kniqht. Orttel. Jacobson. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~_.~ ~/ /...-:7j,... ,.. , . ichael R. Gamache - Mayor tLc J~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 168-03 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 03-5 , CITY VIEW FARM. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 118-03 , dated June 3, 2003, bids were received, opened and tabulated according to law with results as follows: Dave Perkins Contracting, Inc. Northwest Asphalt, Inc. Penn Contracting, Inc. $96,563.50 $106.012.40 $125,663.00 WHEREAS, awarding the contract is contingent upon the developer completing the following: i:I Filing the final plat at Anoka County i:I Executing the Development Contract i:I Paying Park Dedication and Trail Fee NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Dave Perkins Contractina, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Dave Perkins Contractina, Inc in the amount of .$. 96.563.50 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniaht and adopted by the City Council at a reaular meeting this ih day of October , 2003 , with Council members Trude. Kniaht. Orttel. Jacobson, Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 1.L::t.:u.- O~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 165-03 MOTION by Councilmember Trude to adopt the following: 02-42 ,150S - 14STH A RESOLUTION TERMINATING PROJECT NO. LANE NW. WHEREAS, the City Council had previously approved Project 02-42, sanitary sewer and watermain; and WHEREAS, the property owner has requested the project be terminated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby terminate Project 02-42, sanitary sewer and watermain at 150S - 14Slh Lane NW. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reQular meeting this L day of October ,2003, with Councilmembers Trude, KniQht. Orttel, Jacobson, 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. 164-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND UTIUTIY CONSTRUCTION OF SILVER MEADOWS AS BEING DEVELOPED BY CHENAN CONSTRUCTION, INC. WHEREAS, the developer has completed the streets and utilities of Silver Meadows. WHEREAS, the developer will be required to provide a 1 year warranty as a cash escrow or letter of credit in the amount of $25,000, which will expire on October 7. 2004 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 Silver Meadows. Adopted by the City Council of the City of Andover this yth day of October , 2003. CITY OF ANDOVER ATTEST: ~.~.. ~-..~v. Ichael R. Gamache - Mayor ~ ().& Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. R163-03 A RESOLUTION APPROVING ABATEMENT OF SPECIAL ASSESSMENTS ON PIN 34 32 24 41 0012, PROJECTS #93-30 and 92-27. WHEREAS, special assessments were certified to the incorrect parcel after a property split was done on 13530 Hanson Boulevard; and WHEREAS, the property owners have requested that the special assessments be abated from PIN 34 32 24 41 0012 and re-certified to PIN 34 32 24 410013. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves the abatement of special assessments on PIN 34 32 24 41 0012 and the re-certification of those special assessments to PIN 34 32 24 410013. Adopted by the City Council of the City of Andover this ~ day of September 2003. CITY OF ANDOVER Attest: Ke ~ ()Lb Victoria V olk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO R161-03 A RESOLUTION CANCELLING ALL OR A PORTION OF PREVIOUSLY CERTIFIED BONDED INDEBTEDNESS FOR 2004. WHEREAS, the preparation and adoption of budgets 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 determined that it is prudent to cancel all or a portion of previously certified bonded indebtedness levies for 2004; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring City Council resolutions canceling 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 cancels all or a 10rtion of previously certified bonded indebtedness levies for 2004 as listed on Attachment A. Adopted by the City of Andover this 2nd day of September 2003. CITY OF ANDOVER ATTEST: ~()4 Victoria Volk - City Clerk STATE OF MINNESOTA) ~OUNTYOFANOKA ) 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. 161-03 adopting the City of Andover cancellations of all or a portion of previously certified bonded indebtedness levies for 2004 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 Lday of September 2003. ~!/4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R160-03 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2004 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 financial support from its residents tbrough 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 15, 2003. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2004 property tax levy totaling $6,781,700 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 License and Permits Intergovernmental Revenue Charges for Current Services Fines and Forfeits Miscellaneous Revenue Transfers Use of Fund Balance Total $ 4,459,238 570,995 565,829 635,520 84,000 238,600 290,000 73.655 $ 6.972.886 General Government Public Safety Public Works Other $ 2,279,120 2,682,139 1,989,627 22.000 Total $ 6.972.886 Adopted by the City of Andover this 2nd day of September 2003. CITY OF ANDOVER ATTEST: ~4?~ Mfchael R. Gamache - Mayor j1.:/;;;,..J (),.Lb 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. 160-03 adopting the 2004 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 2nd day of September 2003. ~{/~ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R158-03 A RESOLUTION APPROVING THE FINAL PLAT OF "ANDOVER CLOCKTOWER COMMONS" AS BEING DEVELOPED BY LANDFORM, INC. LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: Lot 1, Block 2 Hamilton Square, Anoka County, Minnesota. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Andover Clocktower Commons"; and WHEREAS, the Developer has presented the final plat of Andover Clocktower Commons; 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 Andover Clocktower Commons 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 securities have been paid. 5. The applicant acknowledges that the right of access from the subject property to Hanson Boulevard (CSAH 78) and Crossstown Boulevard (CSAH 18) was previously dedicated to Anoka County. This must be reflected on the final plat. No new access to these roadways will be permitted without approval from the Anoka County Highway Department. 6. The 'drainage easement' label at the southwest corner of the property shall be changed to 'drainage and utility easement'. 7. 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 2nd day of September, 2003. ATTEST: fJ;;t;;..., tJ~ Victoria V olk, City Clerk CITY OF ANDOVER <?~~~~ Mlchael . Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R157-03 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF LANDFORM, INC. FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP ANDOVER CLOCKTOWER COMMONS A COMMERCIAL DEVELOPMENT TO BE LOCATED AT THE NORTHEAST CORNER OF HANSON AND CROSSTOWN BOULEVARDS LEGALLY DESCRIBED AS LOT 1, BLOCK 2 HAMILTON SQUARE, ANOKA COUNTY, MINNESOTA. WHEREAS, Landform, Inc. has requested a Special Use Permit for a Planned Unit Development to develop a residential development Andover Clocktower Commons a commercial development pursuant to Ordinance No. 112, An Ordinance regulating Planned Unit Developments on the property legally described above, and; WHEREAS, The Planning Commission finds the request meets the criteria of City Code 12-15-6 regulating Special Use Permits and City Code 13-3-1 regulating Planned Unit Developments, and; WHEREAS, a public hearing was held before the Planning and Zoning Commission and there was no opposition to the request; and; WHEREAS, The Planning and Zoning Commission is recommending to the City Council the approval of the Special Use Permit for the Planned Unit Development as requested, 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 agrees with the recommendation of the Planning and Zoning Conunission permitting the following: 1. Special Use Permit for a service station and car wash on Lot I subject to the conditions listed in this resolution. 2. Special Use Permit for a drive through for restaurant on Lot 2 subject to the conditions listed in this resolution. 3. Special Use Permit for a drive through for drive through for bank on Lot 3 subject to the conditions listed in this resolution, 4. Special Use Permit for on sale liquor for restaurant on Lot 4 subject to the conditions listed in this resolution. 5. Planned Unit Development for Andover Clocktower Conunons per plans revised August 7, 2003 and stamped received by the City of Andover August 7, 2003 subject to the following: a, The bank/office building may be constructed with a second floor. Any adjustments to the proposed plan shall be reviewed by the Andover Review Committee. b, The applicant acknowledges that the right of access from the subject property to Hanson Boulevard (CSAH 78) and Crosstown Boulevard (CSAH 18) was previously dedicated to Anoka County and that no new access to these roadways will be permitted without approval from the AnokaCounty Highway Department. c. The interior trail and outdoor patio areas shall be designed and constructed to complement the building architecture. Plain concrete or asphalt are not acceptable. d. The Clocktower feature shall provide brick at the comers adjacent to the clock to replace EIFS Color #2. e. The raingarden landscaping must be further detailed and approved by the Andover Review Committee. f. All perimeter shrub beds shall provide a variety of species within each planting bed. One plant species per planting bed is not acceptable. g. Additional shrub planting beds shall be located in the landscaped corridors along the west and southeast sides of Lot 2. 6. Each of the proposed uses shall be required to complete the commercial site plan review process administered by the Andover Review Committee. 7. A provision of the association documents shall allow the City access to utilities on each of the properties. 8. A provision shall be added to the association documents to establish a repair, maintenance and replacement program and funding for the private drive, parking areas, private utilities and all common areas and other improvements. 9. That the Special Use Permits 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 _ day of ,2003. ATTEST l),:t;;..:..., 04- Victoria V olk, City Clerk CITY OF A~VER ~~~ Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R156-03 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "ANDOVER CLOCKTOWER COMMONS" BY LANDFORM, INC. LOCATED IN SECTION 23, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS LOT I, BLOCK 2 HAMILTON SQUARE, 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 Plarming and Zoning Commission recommends to the City Council the approval of the plat. 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 preliminary plat for five commercial lots for "Andover Clocktower Commons", subject to the following conditions: 1. The preliminary plat shall conform with plat drawing revised August 7, 2003, and stamped as "Received August 7,2003 by the City of Andover". 2. The Grading Drainage and Erosion Control Plan shall be revised as necessary to obtain approval from the Andover Review Committee and the Coon Creek Watershed Management Organization. 3. Drainage and utility easements shall be provided to cover all areas of the project that lie at or below the 100 year flood elevation, 4. The applicant acknowledges that the right of access from the subject property to Hanson Boulevard (CSAH 78) and Crossstown Boulevard (CSAH 18) was previously dedicated to Anoka County and that no access to these roadways will be permitted without approval from the Anoka County Highway Department. 5. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, and MPCA. 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, 8. All storm sewer and drainage areas on the site are considered private and will be maintained by the property owners expense. 9. The developer shall be required to record cross access agreements for all properties created in the plat with Anoka County. 10. Approval of Title, cross access agreement and association documents of the property by the City Attorney. 11. The failure on the part of the petitioner to submit a final plat per Ordinance 10 within one year from the date of this approval shall deem the preliminary approval to be null and void. Adopted by the City Council of the City of Andover this 2nd day of September, 2003. A~ (/db Victoria V olk, City Clerk CITY OF ANDOVER ~~R~~ lchael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 155-03 A RESOLUTION GRANTING A VACATION OF EASEMENT LOCATED ON PROPERTY LOCATED AT 15575 BLUEBIRD STREET, NW (PIN: 23 32 24 21 0027) LEGALLY DESCRIBED AS: Lot 4, Block 5, CHESTERTON COMMONS SECOND ADDITION, Anoka County, Minnesota, WHEREAS, Daniel and Shirley Fairbanks have requested to vacate a portion of the easement located on property at 15575 Bluebird Street NW, and: WHEREAS, that portion ofthe easement to be vacated is legally described as: All that part of the drainage and utility easement over, under and across the east 20.00 feet of Lot 4, Block 5, CHESTERTON COMMONS SECOND ADDITION, Anoka County, Minnesota, described as lying westerly of the following described "Line A", EXCEPT the north 5.00 feet of said easement. "LineA" Commencing at the northeast comer of said Lot 4; thence South 86 degrees 29 minutes 02 seconds West, assumed bearing along the north line of said Lot 4, 11.58 feet to the point of beginning to the "Line A" to be described; thence bearing South 26.44 feet thence South 36 degrees 52 minutes 12 seconds West '5.00 feet; thence bearing South 41.50 feet; thence South 42 degrees 45 minutes 48 seconds West 7.55 feet to a point on the west line of said 20.00 foot drainage and utility easement distant 13.91 feet north from its intersection with the south line of said Lot 4 and said line there terminating. 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, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the easement as described in this resolution subject to the following conditions: 1. That the applicant submits an as-built survey after the completion of excavation to be inspected by a City Official before a permit for the construction of the swimming pool be issued. 2. That a silt fence be installed around the area during construction to prevent erosion per City Code, Adopted by the City Council of the City of Andover on this 2nd day of September 2003. ~ R rdAJ ~d' Mike Gamache, Mayor CITY OF ANDOVER ATTEST: (L~~ /)./L, Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R154-03 A RESOLUTION APPROVING THE FINAL PLAT OF "CITY VIEW FARM" AS BEING DEVELOPED BY MIKE BARN LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: Lot I, Block 1 Weise's Second Addition, Anoka County, Minnesota, except the east 355 feet thereof as measured parallel with the south line of said lot. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "City View Farm"; and WHEREAS, the Developer has presented the final plat of City View Farm; 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 City View Farm 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, The applicant shall dedicate to the City a thirty foot wide by 9 foot deep easement to be located along the west boundary of the plat between Lot 6 and 7 for the purpose of locating a City entrance monument sign. 6. 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. 7. Approval of Association Documents by City Staff and the City Attorney to include the responsibility of the homeowners association to maintain the emergency vehicle turnaround throughout the year, including plowing the turnaround during the Winter. If the homeowners association fails to maintain the turnaround, the City will require the homeowners association to pave the turnaround. 8. No parking shall be permitted along the private driveway or within the emergency vehicle turnaround. Signage shall be located as required by the City of Andover Engineering Department. 9. Park dedication and trail fees shall be based upon the rate in effect at the time of preliminary plat approval. 10. 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 2nd day of September, 2003. CITY OF ANDOVER ATTEST: IL::/;;"., ().r&- Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 153-03 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 03-31, EMERGENCY VEHICLE PREEMPTION (EVP) SYSTEMS FOR THE FOLLOWING LOCATIONS: HANSON BOULEVARD NW & BUNKER LAKE BOULEVARD NW, ROUND LAKE BOULEVARD NW & BUNKER LAKE BOULEVARD NW, CSAH 7 & BUNKER LAKE BOULEVARD NW. WHEREAS, pursuant to Resolution No. 146-03 , adopted by the City Council on the 6th. day of Auoust , 2003, SEH has prepared final plans and specifications for Project 03-31 for Emerqencv Vehicle Preemption (EVP) Svstems . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 2nd day of September ,2003. 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. October 3 , 2003 at the Andover City Hall. MOTION seconded by Councilmember Trude and adopted by the City Council at a reoular meeting this 2nd day of September ,2003, with Councilmembers Jacobson, Trude, Orttel. Knioht. Gamache voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER none voting ATTEST: ~~~~ M' hael R. Gamache - Mayor ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 152-03 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF WELL CONSTRUCTION FOR PROJECT NO. 03-1 ,PRAIRIE KNOLL PARK. WHEREAS, the City Council is cognizant of the need for the well improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Prairie Knoll Park, Project 03-1; and BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of Anderson-Johnson Associates, Inc. to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a reoular meeting this 2nd day of Seotember , 2003 , with Councilmembers Jacobson, Trude, Orttel. Knioht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /);;/;;.:.__ i'J$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 151-03 A RESOLTION APPROVING THE LOT SPLIT REQUEST FOR SANDRA AND SCHUYLER WALLACE TO SPLIT A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS AT 16287 MAKAR STREET N.W. The property to be divided into two single-family residential lots is legally described as: Parcel One All that part of Tract K, REGISTERED LAND SURVEY NO. 72, Anoka County, Minnesota, lying westerly of the following described line: Commencing at the southeast comer of said Tract K; thence North 89 degrees 43 minutes 36 seconds West 430.54 feet along the south line of said Tract K to the point beginning for said line to be described; thence North 17 degrees 27 minutes 41 seconds East 185.57 feet; thence North 58 degrees 48 minutes 20 seconds East 247.74 feet; thence North 12 degrees 14 minutes 10 seconds West 19.05 feet to the north line of said Tract K and said line there terminating Subject to right of way for Makah Street on the west 33 feet thereof. Parcel Two All that part of Tract K, REGISTERED LAND SURVEY NO. 72, Anoka County, Minnesota, lying easterly of the following described line: Commencing at the southeast comer of said Tract K; thence North 89 degrees 43 minutes 36 seconds West 430.54 feet along the south line of said Tract K to the point beginning for said line to be described; thence North 17 degrees 27 minutes 41 seconds East 185.57 feet; thence North 58 degrees 48 minutes 20 seconds East 247.74 feet; thence north 12 degrees 14 minutes 10 seconds West 19.05 feet to the north line of said Tract K and said line there terminating WHEREAS, Sandra and Schuyler Wallace has requested approval of a lot split to subdivide a rural residential property into two rural residential lots; and WHEREAS, the Planning and Zoning Commission has reviewed and request and has determined that said request meets the criteria of Ordinance No.8 and 10; 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 City Council finds that the lot split request is not detrimental to the surrounding neighborhood. 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 both properties with a separate document. 2, The applicant is required to obtain an access permit from the Anoka County Highway Department to allow Parcel Two to have a driveway access onto CSAH 7. 3. The applicant is required to meet the six (6) conditions as described by the Lower Rum River Watershed Management Organization regarding wetland fill for a driveway access. 4. Payment of a park dedication fee based on the fee ordinance in effect at the time of Council approval. 5. Payment of a trail fee based on the fee ordinance in effect at the time of Council approval. 6. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 7. The lowest floor of the future house on Parcel B must be at least three feet above the seasonal high water mark or one foot above the 100 year flood elevation, whichever is higher. Adopted by the City Council of the City of Andover on this 19th day of August, 2003. CITY OF ANDOVER ATTEST: ~~4?~~. ~ e Gamache, Mayor (L;t;;~~ (/,W Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 150-03 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR VALERIE HOLTHUS & DONALD HOLTHUS JR. TO SPLIT A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS AT 17680 ARROWHEAD STREETN.W. (PID: 04 32 24420006). The property to be divided into two single-family residential lots is legally described as: Parcel A That part of Lot 6, Block 2, VERDIN ACRES, Anoka County, Minnesota lying westerly and northerly of the following described line; Beginning at point on the north line of said Lot 6, a distance of 339.56 feet west of the Northeast comer of said Lot 6; thence south for a distance of 631.20 feet for a point on the south line of lot 6, which is a distance of 455.00 feet west of the Southeast comer of said Lot 6, except the north 66.00 feet thereof, lying westerly of the following described line: Commencing at the southeast comer of said Lot 6; thence South 88 degrees 55 minutes 00 seconds West assumed bearing, along the south line of said Lot 6 a distance of314,73 feet to the point of beginning of line to be described; thence North 12 degrees 03 minutes 53 seconds East a distance of 395.00 feet; thence North 38 degrees 58 minutes 08 seconds East a distance of 160.00 feet; thence North 33 degrees 58 minutes 07 seconds East a distance of 47.06 feet, to a point on the south line of the north 66.00 feet of said Lot 6 and said line there terminating. Parcel B That part of Lot 6, Block 2, VERDIN ACRES, Anoka County, Minnesota lying easterly and southerly of the following described line; Beginning at point on the north line of said Lot 6, a distance of 339.56 feet west of the Northeast comer of said Lot 6; thence south for a distance of 631.20 feet for a point on the south line of Lot 6, which is a distance of 455.00 feet west of the Southeast comer of said Lot 6, except the north 66.00 feet thereof, lying westerly of the following described line: Commencing at the southeast comer of said Lot 6; thence South 88 degrees 55 minutes 00 seconds West assumed bearing, along the south line of said Lot 6 a distance of314.73 feet to the point of beginning of line to be described; thence North 12 degrees 03 minutes 53 seconds East a distance of 395.00 feet; thence North 38 degrees 58 minutes 08 seconds East a distance of 160.00 feet; thence North 33 degrees 58 minutes 07 seconds East a distance of 47.06 feet, to a point on the south line of the north 66.00 feet of said Lot 6 and said line there terminating. WHEREAS, Valerie Holthus & Donald Holthus Jr. have requested approval of a lot split to subdivide a rural residential property into two rural residential lots; and WHEREAS, the City Council has reviewed the request and has determined that said request meets the criteria of Ordinance No.8 and 10; 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, a public hearing was held pursuant to state statutes; and WHEREAS, the City Council finds that the lot split request is not detrimental to the surrounding neighborhood. 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 easements around the perimeter of both properties with a separate document. 2. Payment of a park dedication fee based on the fee ordinance in effect at the time of Council approval. 3. Payment of a trail fee based on the fee ordinance in effect at the time of Council approval. 4. That the lot split be subject to a sunset clause as defmed in Ordinance No. 40, Section I1I(E). 5. The lowest floor of the future house on Parcel B must be at least three feet above the seasonal high water mark or one foot above the 100 year flood elevation, whichever is higher. 6. The shed and corral must be removed from Parcel B. Adopted by the City Council of the City of Andover on this 19th day of August, 2003. CITY OF ANDOVER ;t'c~R 4. ~ e Gamache, Mayor ATTEST: ~:'..I /Jd'b Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 149-03 A RESOLUTION CONCURRING WITH THE LOCAL TRAIL GRANT FOR THE CONSTRUCTION OF THE COON CREEK CORRIDOR TRAIL EXTENSION. WHEREAS, the trail system is planned along Coon Creek west of Hanson Boulevard NW; and WHEREAS, the proposed trail will connect the Bunker Hills Park and will provide a transportation link from residential areas to the City facilities, the school campus and its numerous recreational facilities; and WHEREAS, the City assures that the facility will be maintained for no less than twenty years; and WHEREAS, the trail project has been approved by the DNR for funding through the Local Trail Grant Program administered by the DNR and recognizes the matching requirement. NOW, THEREFORE, BE IT RESOLVED that the Andover City Council does hereby concur with the partial funding of the Coon Creek Corridor Trail extension through the Local Trail Grant Program; and does hereby name Jim Dickinson, City Finance Director, at 1685 Crosstown Boulevard NW, Andover, Minnesota 55304, as the City's Fiscal Agent for the project. Adopted by the City of Andover this 19th day of AUQust ,2003. CITY OF ANDOVER ATTEST: ~ {)db Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 148-03 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION AUTHORIZING STAFF TO OBTAIN QUOTATIONS FOR THE ANDOVER BOUELVARD TRAIL, PROJECT NO. 02-30 . WHEREAS, the City Council is cognizant of the need for the trail; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the preparation of quotations for the Andover Boulevard Trail, Project No. 02-30; and BE IT FURTHER RESOLVED by the City Council to hereby direct the .Q.ih-: Enoineer to obtain quotations for the Andover Boulevard Trail and allow staff to move forward with the project if the quotes are acceptable to the City Engineer. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reoular meeting this 6th day of Auoust , 2003 , with Counci/members Trude, Jacobson, Orttel, Gamache, Knioht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ 4? <LJg;r. ~ ~ O,dL Victoria Volk - City Clerk MOTION by Council member CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 147-03 Jacobson to adopt the following: A RESOLUTION REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NOS. 03-1. PRAIRIE KNOLL PARK & 02-30, ANDOVER BOUELVARD TRAIL. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution Nos. 132-03 & 128-03 ,dated June 17, 2003, bids were received, opened and tabulated according to law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby reject bids. MOTION seconded by Council member Orttel and adopted by the City Council at a reoular meeting this 6th day of Auoust , 2003 , with Council members Trude, Jacobson, Orttel. Gamache, Kniqht (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi el R. Gamache - Mayor lL:t;,;...J () 4- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 146A-03 A RESOLUTION GRANTING A V ACA TrON OF EASEMENT TO V ACA TE A PORTION OF THE RIGHT-OF-WAY LOCATED ON PROPERTIES LOCATED AT 17680 ARROWHEAD STREET, NW (PIN: 043224420006) AND 17651 ARROWHEAD STREET, NW (PIN: 04 32 24 42 0001) LEGALLY DESCRIBED AS: Lot 6, Block 2, VERDIN ACRES, Anoka County, Minnesota. Lot 4, Block 1, VERDIN ACRES, Anoka County, Minnesota. WHEREAS, Valerie and Donald Holthus Jr. have requested to vacate a portion of the right-of- way located on properties at 17680 Arrowhead St NW and 17651 Arrowhead St. NW, and: WHEREAS, that portion of the right-of-way to be vacated is legally described as: That part of the right-of-way as shown on the plat of VERDIN ACRES, according to the duly recorded plat thereof, described as follows: That part of Arrowhead Street NW as dedicated and depicted on the record plat of VERDIN ACRES, Anoka County, Minnesota, lying westerly of the northerly extension of the east line of Lot 6, Block 2, said VERDIN ACRES and lying southerly of a line 66.00 feet south ofthe north line of said Lot 6. AND That part of said Arrowhead Street NW as dedicated and depicted on the record plat of VERDIN ACRES, Anoka County, Minnesota, lying easterly of the following described line: Commencing at the Northwest corner of Lot 4, Block 1, said plat of VERDIN ACRES; thence South 08 degrees 10 minutes 29 seconds East, along the east line of said Lot 4, assuming the north line of said Lot 4 bears South 87 degrees 49 minutes 53 seconds East a distance of 4.86 feet to the actual point of beginning of the line to be described; thence continue South 08 degrees 10 minutes 29 seconds West a distance of 120.00 feet and said line there terminating. 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, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the right-of-way as described in this resolution. Adopted by the City Council of the City of Andover on this 6th day of August 2003. CITY OF ANDOVER ATTEST: !lz,Ad t/v/b Victoria V olk, City Clerk Mike Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 146-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 03-31, EMERGENCY VEHICLE PREEMPTION (EVP) SYSTEMS FOR THE FOLLOWING LOCATIONS: HANSON BOULEVARD NW & BUNKER LAKE BOULEVARD NW, ROUND LAKE BOULEVARD NW & BUNKER LAKE BOULEVARD NW, CSAH 7 & BUNKER LAKE BOULEVARD NW. WHEREAS, the City Council is cognizant of the need for the EVP Systems; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Emeroencv Vehicle Preemption (EVP) Svstems, Project 03-31; and BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Enoineer to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Jacobson and adopted by the City Council at a reoular meeting this 6lh day of Auoust , 2003 , with Councilmembers Trude, Jacobson, Orttel. Gamache, Knioht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: - :e ael R. Gamache - Mayor ~J !),.!L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 145-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN ,PROJECT NO. 94-6, IN THE 1459 _1461H AVENUE NW AREA. WHEREAS, the City Council has received a petition, dated Julv 23, 2003, 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 City Clerk will contact Anoka County to have the assessment levied to the property. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reoular meeting this 6th day of Auoust , 2003, with Councilmembers Trude, Jacobson, Orttel. Gamache, Knioht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~4?d a;rW,..) ()rLU Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 144-03 A RESOLUTION DESIGNATING NO PARKING ON BOTH SIDES OF 143RD AVENUE NW FROM ROUND LAKE BOULEVARD NW TO UNDERCLlFT STREET NW. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover that there be no parking located on both sides on the following street: 1, 143'd Avenue NW from Round Lake Boulevard NW to Underclift Street NW Adopted by the City Council of the City of Andover this ~ day of Auoust, 2003. CITY OF ANDOVER ATTEST: ~<<dc-'~ Mfchael R. Gamache - Mayor 11(~ IJ.~ Victoria Volk - City Clerk_ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 143-03 A RESOLUTION DESIGNATING NO PARKING ON BOTH SIDES OF ROUND LAKE BOULEVARD NW BETWEEN BUNKER LAKE BOULEVARD NW AND 152ND LANE NW. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover that there be no parking located on both sides on the following street: 1. Round Lake Boulevard NW between Bunker Lake Boulevard NW and 152nd Lane NW Adopted by the City Council of the City of Andover this ~ day of Auoust, 2003. CITY OF ANDOVER ATTEST: /L~ d4 Victoria Volk - City Clerk_ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 142-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 99-14 ,FOR ROUND LAKE BOULEVARD NW. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of Auoust , 2003 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reoular meeting this 6th day of Auoust , 2003 , with Councilmembers Trude, Jacobson, Orttel. Gamache, Knioht (absent) voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: ~ (),d1 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R141-03 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF PREMIER KARATE A FAMILY MARTIAL ARTS STUDIO FOR PROPERTY LOCATED AT 13420 HANSON BLVD. NW. WHEREAS, Premier Karate has requested a Special Use Permit for a family martial arts studio for property located at 13420 Hanson Blvd. NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does meet the criteria of Ordinance 8 section 5,03 B, 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 recommended approval of the Special 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 Special Use Permit for a family martial arts studio on said property. Adopted by the City Council ofthe City of Andover on this 15th day of July, 2003. CITY OF ANDOVER ~~~ ATTEST: 'I .- tldu {,~_Z;A--...J Victoria V olk, City Clerk Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R140-03 A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF TWIN CITY PLACING AND EXCAVATING FOR OUTDOOR STORAGE AND RETAIL SALES ON PROPERTY LOCATED AT 3160 I 62NP LANE NW (PIN 16-32-24-23- 0005) LEGALLY DESCRIBED AS: THE WEST 250 FEET OF THE SOUTH 233 FEET OF THE NORTH 1984.99 FEET OF THE WEST 1/2 OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA EXCEPT ROAD, SUBJECT TO EASEMENTS OF RECORD WHEREAS, Twin City Placing and Excavating has requested a ~ecia1 use permit for outdoor storage and retail sales on property located at 3160 162n Lane NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the following criteria of Ordinance No.8, Section 4.30: 1. The property is presently being used for exterior storage and retail sales without having been issued the required special use permit. 2, No modifications were proposed to the existing building to meet fire or building codes. Also, no indication was made that the building would not be put to commercial use. 3, The proposed parking area does not meet the minimum setback requirements. The access to I 62nd Lane does not meet the minimum width requirement. No detail was provided to demonstrate the parking area would meet the commercial and industrial design standards for parking areas. No striping, drive lanes or other traffic control measures are indicated on the site plan. 4. The fence constructed by the applicant is located in both City and Anoka County right-of-way as well as on the adjacent property to the south. The fence exceeds the maximum height allowed in the front yard. The fence does not provide for adequate site distance at the intersection of I 62nd Lane and Round Lake Boulevard. The barbed wire above the entrance gate. needs to be removed. 5. No information was provided to illustrate where outdoor storage would occur on the site to verify that access lanes for fire safety would be maintained. 6. No details oflandscaping were provided, The minimum landscape frontages are not provided. No information was provided on the groundcover for areas outside the proposed bituminous and existing gravel surface areas. 7. All waste material is required to be contained within a properly designed container. None has been observed on the site. 8. The site contains signs and banners for which a permit has not been issued. The type of signage on the site is temporary and does not meet the City's requirements. 9. The applicant has not provided a site plan that conforms to the City's commercial site plan requirements. WHEREAS, the Planning and Zoning Commission finds the request would 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 denial of the Special Use Permit request. 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 denies the Special Use Permit on said property. Adopted by the City Council of the City of Andover on this 15th day of July, 2003. CITY OF ANDOVER ATTEST: z~~ (i~ /J,4!/ Victoria V olk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO, 139-03 A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER BASEBALL ASSOCIATION TO CONDUCT A PULL-TAB OPERATION AT TANNER'S RESTAURANT. WHEREAS, the Andover Baseball Association has submitted an application to the City of Andover for a premises permit to operate a charitable gambling operation at Tanner's Restaurant, 13655 Martin Street NW, Andover, Minnesota; and WHEREAS, per Minnesota Gambling Control Board requirements, a resolution must be adopted by the City Council within 60 days ofreceipt of the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a premises permit for charitable gambling for the Andover Baseball Association is hereby approved subject to the.officials being licensed by the State of Minnesota. Adopted by the City Council of the City of Andover on this 15th day of Julv. 2003, ATTEST: CITY OF ANDOVER ~ (job.; Victoria Volk, City Clerk ~ lchael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 138-03 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR WADE PETERSEN TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 1415 ANDOVER BOULEVARD NW (26-32-24-23-0058) LEGALLY AND DESCRIBED AS: Lot 5 and 6, Block 4 Hartfiel's Estates except the west 50 feet thereof, Anoka County, Minnesota To be divided into properties to be described as; Lot 5, Block 4 Hartfiel's Estates except the west 50 feet thereof, Anoka County, Minnesota Lot 6, Block 4 Hartfiel's Estates except the west 50 feet thereof, Anoka County, Minnesota WHEREAS, Wade Petersen has requested approval of a lot split to subdivide property pursuant to Ordinance No. 40, located at 1415 Andover Boulevard NW, and; WHEREAS, the Planning and Zoning Commission finds that the special circumstances for the subject property include the following: WHEREAS, the Planning and Zoning Commission fmds 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, 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 agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: I. The applicant shall provide drainage and utility easements in favor of the City of Andover for both lots 5 and 6, Block 4 Hartfiel's Estates to be consistent with the City's easement requirements for urban lots. 2. The applicant shall be required to pay a trail fee in the amount of $523. 3. A new house on lot 5 shall be required to connect to municipal water and sewer and pay the assessment as calculated by the City Clerk. 4. The existing driveway on Andover Boulevard shall be required to be relocated to Bluebird Street NW. 5. The existing detached accessory building located across the proposed property line shall be moved on to Lot 6, in compliance with Ordinance 8, Section 4,05 prior to a building permit being issued for Lot 5, Block 4 Hartfiel's Estates. 6, The new deeds for the property shall contain the legal descriptions included in this resolution. 7. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section I1I(E), Adopted by the City Council of the City of Andover on this 15th day of July, 2003. CITY OF ANDOVER ATTEST: ~(J~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO R136-03 A RESOLUTION APPROVING THE FINAL PLAT OF "NORTH LAKE RIDGE" AS BEING DEVELOPED BY ROUND LAKE DEVELOPMENT COMPANY LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the City Council has approved the preliminary plat of the project to be known as "North Lake Ridge", and; WHEREAS, the Developer has presented the final plat of North Lake Ridge, 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 North Lake Ridge 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 as recommended by the Park & Recreation Commission and as determined by Ordinance No. 10, Section 9.07. Adopted by the City Council of the City of Andover this 1st day of July, 2003. ATTEST: Ii ,:t;::. ~ ;)~~ Victoria V olk, City Clerk CITY OF ANDOVER 2t:~~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 135-03 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING REVISED FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 03-18 FOR SANITARY SEWER IN THE FOLLOWING AREA OF 16150 CROSSTOWN BOULEVARD NW (CONSTANCE FREE CHURCH), WHEREAS, the City Council did on the 6th day of Mav , 2003, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility stud~ was prepared by the Citv Enoineer and presented to the Council on the 6 day of June ,2003; 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 $ 61,055.40 . NOW, THEREFORE, BE IT RESOLVED by the City CounCil ofthe City of Andover to hereby receive the feasibility report with an estimated total cost of .. improvements of $ 61,055.40 and waive the Public Hearing. MOTION seconded by Councilmember Kni qht City Council at a reoular meeting this 1st. and adopted by the day of Julv , 2003 ; with Councilmembers Orttp 1. r,,,m,,rhp . I{", ght. _ l"rnh~n" _ Tr"d~ (ab"~Rt) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~R~A'J .~ M.i(hael R. Gamache - Mayor Il~ tJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 134-03 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-45 , CONSTANCE CORNERS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 117-03 , dated June 3, 2003, bids were received, opened and tabulated according to .Iaw with results as follows: Northdale Construction Richard Knutson, Inc. Arcon Construction, Inc. $905,739.49 $980,193.30 $994,395.62 WHEREAS, awarding the contract is contingent upon the developer completing the following: D Filing the final plat at Anoka County D Executing the Development Contract D Paying Park Dedication and Trail Fee NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Northdale Construction as being the apparent low bidder. ATTEST: BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Northdale Construction in the amount of $ 905,739.49 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 Kni ght and adopted by the City Council at a reoular meeting this 1st day of July ,2003, with Council members Orttel. Gamache. Jacobson, Knight, Trude(abs..r8tT~g in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~R~A>L.~ M' ael R. Gamache - Mayor ~/)& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 133-03 A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FOR PHASE II IMPROVEMENTS (well and irrigation system $150,000) AT PRAIRIE KNOLL PARK FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R174-90 established a Permanent Improvement Revolving (PIR) Fund containing a Capital Improvement Account designed to fund capital expenditures; and WHEREAS, The City Council has approved Phase II improvements (well and irrigation system $150,000) at Prairie Knoll Park that is not fully funded; and WHEREAS, the City Council has desires to expedite Phase II improvements at Prairie Knoll Park with initial funding from the PIR Fund Capital Improvement Account; and WHEREAS, the City Park Improvement Fund will repay the funding from the PIR Fund over five years, $30,000 annually starting in 2004 without interest. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover authorizes the expenditure offunds from the PIR Fund Capital Improvement Account in the amount of$150,000 with repayment from the City Park Improvement Fund over five years, $30,000 annually starting in 2004 without interest. Adopted by the Andover City Council on the 17th day of June 2003. CITY OF ANDOVER ATTEST: ~t-h.J ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 135-03 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING REVISED FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 03-18 FOR SANITARY SEWER IN THE FOLLOWING AREA OF 16150 CROSSTOWN BOULEVARD NW (CONSTANCE FREE CHURCH). WHEREAS, the City Council did on the 6th day of Mav , 2003, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility stud~ was prepared by the Citv Enoineer and presented to the Council on the 6 day of June ,2003; 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 $ 61,055.40 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 61,055.40 and waive the Public Hearing, MOTION seconded by Councilmember Knioht City Council at a reoular meeting this 1st day of Julv Councilmembers Jacobson, Knioht. Orttel. Gamache, Trude and adopted by the , 2003 , with 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 !l:t,~ (J~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 134-03 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-45 , CONSTANCE CORNERS, WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 117-03 ,dated June 3, 2003, bids were received, opened and tabulated according to law with results as follows: Northdale Construction Richard Knutson, Inc. Arcon Construction, Inc. $905,739.49 $980,193.30 $994,395.62 WHEREAS, awarding the contract is contingent upon the developer completing the following: Cl Filing the final plat at Anoka County Cl Executing the Development Contract Cl Paying Park Dedication and Trail Fee NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Northdale Construction as being the apparent low bidder. ATTEST: BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Northdale Construction in the amount of $ 905,739.49 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 Knioht and adopted by the City Council at a reoular meeting this 1st day of July , 2003 , with Council members Jacobson, Knioht. Orttel. Gamache, Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~V~~ Mi ael R. Gamac e - Mayor {)u~ (/4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 132-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR GRADING, PARKING LOTS, BITUMINOUS TRAILS & BASKETBALL COURT FOR PROJECT NO. 03-1 , PRAIRIE KNOLL PARK. WHEREAS, pursuant to Resolution No. 105-03 , adopted by the City Council on the 6th day of Mav ,2003, the Citv Enoineer has prepared final plans and specifications for Project 03-1 for Gradino, Parkino Lots, Bituminous Trails & Basketball Court for Prairie Knoll Park. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1 yth day of June ,2003. 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. Julv 28 , 2003 at the Andover City Hall. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reoular meeting this 1 yth day of June , 2003 , with Councilmembers Trude, Jacobson, Orttel. Gamache. Knioht voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: - ~ I---L . hael R. Gamache - Mayor ~iJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATEOFNITNNESOTA RES. NO. R 131-03 A RESOLUTION APPOINTING THE NEW EQUESTRIAN COUNCIL. WHEREAS, Ordinance No. 207 requires an equestrian council made up of seven residents be established; and WHEREAS, seven residents have indicated their willingness to serve on the equestrian council. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby appoints the following residents to the Equestrian Council for the terms listed, Carol Almeida Term expires 5/06/05 Duane Dahlstrom Term expires 5/06/05 Gerri Kuechle Term expires 5/06/05 Meghan Lidberg Term expires 5/06/05 James H. Olson Term expires 5/06/05 Connie Erickson Term expires 5/06/04 Janie Hemmelgarn Term expires 5/06/04 Adopted by the City Council of the City of Andover on this 17th day of June, 2003. CITY OF ANDOVER ATTEST: ~ (),,$ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R130-03 A RESOLUTION REMOVING THE RURAL RESERVE DESIGNATION ON CERTAIN PROPERTIES IN THE CITY OF ANDOVER WHEREAS, the City Council has completed an 18 month study of sewer and land use issues for the "Rural Reserve" study and upon public hearing and public testimony made final recommendation on the properties that shall remain in the "Rural Reserve" area; WHEREAS, upon approval by the Metropolitan Council authority has been granted to put the plan amendment into effect that allows certain lands to be removed from the "Rural Reserve" area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby remove certain lands from the "Rural Reserve" designation. The parcels of land that will be allowed to be removed from the designation at this time are those shown on the attached "Exhibit A". Adopted by the City Council of the City of Andover this l7'h day of June, 2003, CITY OF ANDOVER ATTEST: [1."-:/::". -' (11,..//./ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 129-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-.1... 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 June , 2003. 1yth day of CITY OF ANDOVER ATTEST: ~~/K~~ ichael R. Gamache - Mayor ~{/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 128-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-30 FOR ANDOVER BOULEVARD TRAIL CONSTRUCTION. WHEREAS, pursuant to Resolution No. 115-03 , adopted by the City Council on the 20th day of Mav ,2003, the Citv Enoineer has prepared final plans and specifications for Project 02-30 for Prairie Knoll Park. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1 yth day of June ,2003. 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. Julv 28 , 2003 at the Andover City Hall. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reoular meeting this 1 yth day of June , 2003 , with Councilmembers Trude, Jacobson, Orttel. Gamache, Knioht voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: <4~ ichael R. Gamache - Mayor ~(/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 127-03 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 03-2 , WOODLAND CREEK GOLF VILLAS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 106B-03 , dated Mav 20,2003, bids were received, opened and tabulated according to law with results as follows: Northwest Asphalt, Inc. Northdale Construction Dave Perkins Contracting, Inc. $319,680.59 $322,183.96 $330,715.00 WHEREAS, awarding the contract is contingent upon the developer completing the following: 1:1 filing the final plat at Anoka County 1:1 executing the development contract 1:1 submitting the appropriate letter of credit for the City improvements and developer improvements 1:1 submittal of the drainage and utility easement for the storm water pond 1:1 paying trail fees NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Northwest Asphalt. 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 Northwest Asphalt. Inc. in the amount of $ 319,680.59 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 Jacobson and adopted by the City Council at a reoular meeting this 17'" day of June , 2003 , 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. ATTEST: CITY OF AN DOVE ~~d::~ 'chael R. Gamache - Mayor ;j~ ()# Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 126-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 03-13 FOR SANITARY SEWER & WATERMAIN IN THE FOLLOWING AREA OF 14259 WOODBINE STREET NW. WHEREAS, the City Council did on the 3'd day of June , 2003, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the Citv Enoineer and presented to the Council on the 1yth day of June ,2003; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 3,806.79 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 3,806.79 and waive the Public Hearing. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reoular meeting this 1yth day of June ,2003, 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: Ichael R. Gamache - Mayor ~()w Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 125-03 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION AUTHORIZING CONNEXUS ENERGY TO PROVIDE SERVICE FOR STREET LIGHTING FOR PROJECT NO. 02-39, RED OAKS MANOR 1ST-4TH ADDITIONS & UNPLATTED PORTIONS OF SECTIONS 33 & 34, TOWNSHIP 32, RANGE 24 . 6th WHEREAS, Resolution No. 094-03 of the City Council adopted on the day of Mav ,2003, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 20lh day of Mav, 2003; 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. 02-39 that service for street lighting and property owners that benefit will be responsible for the installation and cost of the light including the on-going energy and maintenance costs. MOTION seconded by Councilmember Trude and adopted by the City Council at a reoular meeting this 3rd day of June ,2003, with Councilmembers Kniaht. Trude, Orttel. Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ IlLtJ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 124-03 A RESOLUTION APPROVING THE FINAL PLAT OF "CONSTANCE CORNERS" AS BEING DEVELOPED BY BRUGGEMAN HOMES LLC ON PROPERTY LOCATED IN SECTION 14, TOWNSHIP 32 RANGE 24, LEGALLY DESCRIBED AS: Commencing at the northeast corner thereof; thence on an assumed bearing of South along the east line thereof, a distance of208.06 feet to the south line of the north 208.00 feet thereof; thence North 88 degrees 40 minutes 45 seconds West, along said south line, a distance of 60.02 feet to the west line of the east 60.00 feet thereof and to the point of beginning of the tract ofland to be described; thence on a bearing of South along said west line, a distance of 5.00 feet to the south line of the north 213.00 feet of said Northeast Quarter of the Southeast Quarter; thence North 88 degrees 40 minutes 45 seconds West, along said south line a distance of 92.09 feet; thence South 33 degrees 44 minutes 36 seconds West a distance of 174.32 feet; thence southeasterly along a non-tangential curve, concave to the southwest, having a radius of 110.00 feet and a central angle of 56 degrees 15 minutes 24 seconds, a distance of 108.01 feet, the chord of said curve bears South 28 degrees 07 minutes 42 seconds East; thence on a bearing of South, tangent to said curve, a distance of222.36 feet; thence on a bearing of West, a distance of 328.84 feet; thence South 01 degree 20 minutes 35 seconds East a distance of275.03 feet; thence North 68 degrees 10 minutes 46 seconds West a distance of 163.48 feet; thence North 64 degrees 54 minutes 58 seconds West a distance of 677.58 feet to the east right-of-way line of the Burlington Northern and Santa Fe Railroad; thence northerly along said east right-of-way line, a distance of 624.80 feet to the north line of said Northeast Quarter of the Southeast Quarter; thence South 88 degrees 40 minutes 45 seconds East, along said north line, a distance of751.l2 feet to the west line ofthe east 520.00 feet thereof; thence on a bearing of South along said west line, a distance of 60.02 feet to the south line ofthe north 60.00 feet of said Northeast Quarter ofthe Southeast Quarter; thence North 88 degrees 40 minutes 45 seconds West along said south line a distance of 22.1 feet to the west line of the ease 542.00 feet thereof; thence on a bearing of South along said west line a distance of 153.04 feet to the south line of the north 213.00 feet of said Northeast Quarter of the Southeast Quarter; thence South 88 degrees 40 minutes 45 seconds East along said south line a distance of390.03 feet to the point of beginning. AND that Bruggeman Homes LLC, a Minnesota Limited Liability Company, owner and proprietor and Reynold N. Orstad and Sharon J. Orstad, husband and wife, mortgagee of the following described property situated in the County of Anoka, State of Minnesota, to-wit: That part of the Northeast Quarter of the Southeast Quarter, Section 14, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the northeast corner thereof; thence on an assumed bearing of South along the east line thereof, a distance of208.06 feet to the south line of the north 208.00 feet thereof and to the point of beginning of the tract ofland to be described; thence North 88 degrees 40 minutes 45 seconds West, along said south line, a distance of 60.02 feet to the west line of the east 60.00 feet thereof; thence on a bearing of South along said west line, a distance of 5.00 feet to the south line of the north 213.00 feet of said Northeast Quarter of the Southeast Quarter; thence North 88 degrees 40 minutes 45 seconds West, along said south line a distance of92.09 feet; thence South 33 degrees 44 minutes 36 seconds West a distance of 174.32 feet; thence southeasterly along a non-tangential curve, concave to the southwest, having a radius of 110.00 feet and a central angle of 56 degrees 15 minutes 24 seconds, a distance of 108.01 feet, the chord of said curve bears South 28 degrees 07 minutes 42 seconds East; thence on a bearing of South, tangent to said curve, a distance of222.36 feet; thence on a bearing of West, a distance of328.84 feet; thence South 01 degree 20 minutes 35 seconds East a distance of275.03 feet; thence North 68 degrees 10 minutes 46 seconds West a distance of 163.48 feet; thence North 64 degrees 54 minutes 58 seconds West a distance of 677.58 feet to the east right-of-way line of the Burlington Northern and Santa Fe Railroad; thence southerly along said east right-of-way line, a distance of 678.80 feet to the intersection with the following described line: Commencing at the southeast of said Southeast Quarter; thence on a an assumed bearing North along the east line of said Southeast Quarter a distance of 494,97 feet; thence westerly, parallel with the south line thereof, a distance of989.00 feet; thence northerly at right angles a distance of 829.89 feet to the south line of said Northeast Quarter of the Southeast Quarter; thence westerly along said south line a distance of36.33 feet to the point of beginning ofthe line to be described; thence North 84 degrees 44 minutes 31 seconds West a distance of307.97 feet to said east right- of-way line, and there terminating; Thence South 84 degrees 44 minutes 31 seconds East, along said last described line, a distance of 307.97 feet to the south line of said Northeast Quarter of the Southeast Quarter; thence South 88 degrees 27 minutes 56 seconds East along said south line, a distance of 999.92 feet to the southeast corner thereof; thence on a bearing of North along the east line thereof a distance of 1120.76 feet to the point of beginning. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Constance Corners"; and WHEREAS, the Developer has presented the final plat of Constance Corners; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. WHEREAS, the applicant has petitioned to vary from the cul-de-sac length provision of Ordinance 10. WHEREAS, the City Council finds that the special circumstances for the proposed project are as follows; I. An extension of Sycamore Street from the south would not be able to be connected to another road due to the surrounding wetlands. 2. A cul-de-sac would allow greater maneuverability of emergency vehicles as compared to the current dead end street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Constance Comers contingent upon receipt ofthe 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 fees shall be paid in the amount of $90,000. 7. Trail fees shall be paid in the amount of$21,966, 8. Subject to the necessary documents to ensure Sycamore Street NW can be constructed which lies outside of the plat. Adopted by the City Council of the City of Andover this 3rd day of June, 2003. CITY OF ANDOVER ATTEST: ~ (/.Lt- Victoria Volk, City Clerk 7~~d~ Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 123-03 A RESOLUTION AMENDING SPECIAL USE PERMIT #00-17 AT THE REQUEST OF NATURE PROPERTIES TO ADD A FOURTH 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 (CSAH 78) AND ANDOVER BOULEVARD AND LEGALLY DESCRIBED AS INDICATED ON EXHIBIT A. WHEREAS, Nature Properties has requested an amendment to the Special Use Permit for a Planned Unit Development to add a fourth townhouse design pursuant to Ordinance No. 112, An Ordinance regulating Planned Unit Developments, and; WHEREAS, the City Council has reviewed the request and has determined that said request meets the criteria of Ordinance No, 112, An Ordinance regulating 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 Special 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 Special Use Permit on said property with the following conditions: I. Exhibit B, the document that regulates the design of the townhouses, shall be modified to include a fourth townhouse design, This design shall conform to the plans stamped received by the City of Andover May 21, 2003. 2, All other conditions of Special Use Permit #00-17 and #01-05 shall remain in effect. 3. The contract associated with Rezoning #00-09 shall be updated to reflect the townhouse style approved with this action. Adopted by the City Council of the City of Andover on this 3rd day of June, 2003. CITY OF ANDOVER ichael, R. Gamache, Mayor ATT,EST: JI ~ IJ/L Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 122-03 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 03-18 FOR SANITARY SEWER IN THE FOLLOWING AREA OF 16150 CROSSTOWN BOULEVARD NW (CONSTANCE FREE CHURCH). WHEREAS, the City Council did on the 6th day of Mav , 2003, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility stud~ was prepared by the Citv Enoineer and presented to the Council on the 6 day of June , 2003; 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 $ 67,941.40 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 67,941.40 and waive the Public Hearing. MOTION seconded by Council member Trude and adopted by the City Council at a reoular meeting this 3rd day of June , 2003 , with Councilmembers Knioht. Trude, Orttel, Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: , ~. ./ c~ Ichael R. Gamache - Mayor ~ ();-!LJ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 121-03 MOTION by Councilmember Knioht 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. 03-13, IN THE AREA OF 14259 WOODBINE STREET NW. WHEREAS, the City Council has received a petition, dated Mav 14, 2003 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 Citv Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Trude City Council at a reoular meeting this 3rd day of June Councilmembers Knioht. Trude, Orttel. Gamache, Jacobson and adopted by the , 2003, with voting in voting favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ M' hael R. Gamache - Mayor ~ ()rIb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 120-03 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 C.SAH. No, 20 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. 198-106-03 NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $128,008.01 dollars to apply toward the construction of said property and request the Commissioner of Transportation to approve this authorization. Adopted by the City of Andover this 3'd day of June, 2003. CITY OF ANDOVER ATTEST: !L~(),$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 119-03 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 90-19 ,FOR ROUND LAKE BOULEVARD NW (CSAH 9) & 161sT AVENUE NW (CSAH 20). WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3'd day of June , 2003 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. MOTION seconded by Councilmember Trude and adopted by the City Council at a reoular meeting this 3'd day of June , 2003 , with Councilmembers Knioht. Trude, Orttel, Gamache, Jacobson voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: ~~~ chael R. Gamache - Mayor ~ !J'& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 118-03 MOTION by Council member Knioht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 03-5, CITY VIEW FARM. WHEREAS, pursuant to Resolution No. 039-03, adopted by the City Council on the 4th day of March , 2003, the Citv Enoineer has prepared final plans and specifications for Project 03-5 for Citv View Farm. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3rd day of June , 2003 . 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 AM June 27th ,2003 at the Andover City Hall. MOTION seconded by Council member Trude and adopted by the City Council at a reoular meeting this 3rd day of June , 2003 , with Council members Knioht. Trude, 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: d &:;? (Ao<' . 'chael R. Gamache - Mayor f[t;;w ()"Lb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 117-03 MOTION by Council member Knioht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-45, CONSTANCE CORNERS. WHEREAS, pursuant to Resolution No. 086-03, adopted by the City Council on the 15th day of April ,2003, WSB has prepared final plans and specifications for Project 02-45 for Constance Corners. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3'd day of June , 2003 . 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 AM, June 27th ,2003 at the Andover City Hall. MOTION seconded by Council member Trude and adopted by the City Council at a reoular meeting this 3'd day of June , 2003 , with Council members Knioht. Trude, 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: ~~~ ~~ M' hael R. Gamache - Mayor Uw IJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO, IIIP-03 A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER LIONS CLUB TO CONDUCT A PULL-TAB OPERATION AT POV'S SPORTS BAR AND GRILL. WHEREAS, the Andover Lions Club has submitted an application to the City of Andover for a premises permit to operate a charitable gambling operation at Pov's Sports Bar, 1851 Bunker Lake Boulevard NW; and WHEREAS, per Minnesota Gambling Control Board requirements, a resolution must be adopted by the City Council within 60 days of receipt of the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a premises permit for charitable gambling for the Andover Lions Club is hereby approved subject to the terms outlined in City Ordinance 258. Adopted by the City Council of the City of Andover this 20th day of Mav_ 2003. CITY OF ANDOVER Attest: Ii;;;;"" tI ~b Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. U5-03 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO, 02-30 FOR ANDOVER BOULEVARD TRAIL CONSTRUCTION. WHEREAS, the City Council is cognizant of the need for the trail; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of the Andover Boulevard Trail Construction, Project 02-30; 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 Kni ghtand adopted by the City Council at a reoular meeting this 20th day of Mav , 2003 , with Councilmembers Jacobson. Knight. Gamache.Orttel. Trude voting. in favor of the resolution, and Councilmembers non e voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ilk !J~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. RI14-03 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF BARRY MALM TO V ACA TE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OF LOT 5, BLOCK I WINSLOW HILLS 3RD ADDITION WHEREAS, Barry Maim has requested to vacate a portion of a drainage and utility easement located on property legally described as: Lot 5, Block I Winslow Hills 3rd Addition, Anoka County, Minnesota WHEREAS, that portion of the drainage and utility easement to be vacated is legally described indicated on Exhibit A, the survey dated April 23, 2003 stamped received by the City of Andover May 6,2003. 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 of the City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following conditions: I) That the request is subject 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. 2) The remaining drainage and utility easement shall conform to Exhibit A, the survey dated April 23, 2003 stamped received by the City of Andover May 6,2003. 3) The proposed porch shall be required to be constructed with post and beam construction. No grade changes shall be permitted under the proposed porch. 4) The porch floor must be above the 100 year flood elevation. Adopted by the City Council of the City of Andover on this 20th day of May 2003. CITY OF ANDOVER ~#i?d.L .Michael R. Gamache, Mayor ATTEST tLb ;)Ju Victoria V olk, City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: May 20, 2003 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 on January 14, 2003, at 7: 00 o'clock P,M., for the purpose, in part, of considering proposals for, and awarding the sale of, $1,555,000 General Obligation Tax Increment Refunding Bonds, Series 2003B. The following members were present: Knight, Jacobson, Orttel, Gamache, and the following were absent: None Member Orttel Trude introduced the following resolution and moved its adoption: RESOLUTION 113-03 RESOLUTION'ACCEPTING PROPOSAL ON SALE OF $1,555,000 GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2003B, PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR THE SECURITY THEREOF TAX INCREMENTS A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore created Development District No.1 (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 Council has also heretofore created Tax Increment Financing District Nos. 1-1 and 1-2 as redevelopment districts within the Development District (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 issued its General Obligation Tax Increment Bonds of 1996, dated June 1, 1996 (the "Prior Bonds"), pursuant to a resolution of the City Council adopted on May 21, 1996 (the "Prior Resolution"), for the purpose of financing certain capital and administration costs, constituting public improvements (the "Project"), within the Development District; and E, WHEREAS, $1,515,000 in principal amount of the Prior Bonds which mature in the years 2004 and thereafter are subject to redemption and prepayment at the option of the City on August 1, 2003 and on any date thereafter at a price of par plus accrued interest, as provided in Prior Resolution; and F, WHEREAS, the City Council deems it desirable and in the best interests of the City to call for redemption and prepayment all of the Prior Bonds which mature on August I, 1527569>1 2004, and thereafter, on August 1,2003 in accordance with the Prior Resolution in order to reduce the debt service costs to the City; and G. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $1,555,000 General Obligation Tax Increment Refunding Bonds, Series 2003B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to provide funds to pay on August 1,2003, all of the City's Prior Bonds (the "Refunded Bonds"), which then remain outstanding (the "Refunding"); and H, WHEREAS, the City has retained Ehlers and Associates, Inc., in Roseville, Minnesota ("Ehlers") as its independent financial adyisor for the Bonds and therefore proposals to purchase the Bonds have been solicited by Ehlers in accordance with Minnesota Statutes, Section 475,60, Subdivision 2(9); and I. WHEREAS, proposals set forth on Exhibit A attached hereto were received pursuant to the Terms of Proposal at the offices of Ehlers, in the presence of the City Clerk, or designee, at 12:00 Noon, Central Time, this same day; and J. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: I. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said proposal maker. The Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks or drafts, 2, Bond Terms. (a) Title: Original Issue Date: Denominations: Maturities: Term Bond Option. The Bonds shall be titled "General Obligation Tax Increment Refunding Bonds, Series 2003B", shall be dated June 1,2003, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-I upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on August 1 in the years and amounts as follows: 2 1527569v1 Year Amount Year Amount 2004 $185,000 2008 $235,000 2005 200,000 2009 245,000 2006 210,000 2010 260,000 2007 220,000 (b) Book Entry Onlv SYstem. The Depository Tnist 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 of the 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. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any 3 1527569vl consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder and the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book- entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations, (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: 4 1527569vl (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 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 ofthe Depository as provided in the preceding paragraph, and if no 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 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10 hereof. (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 of this resolution, the provisions in the Letter of Representations shall control. 3. purpose, The Bonds (together with other available funds, if any, appropriated in paragraph 15) shall provide funds to finance the Refunding. It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67 and shall result in a reduction of debt service cost to the City. 4. Interest. The Bonds shall bear interest payable semiannually on February I and August I of each year (each, an "Interest Payment Date"), commencing February I, 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: Maturity Year Interest Rate Maturity Year Interest Rate 2004 2005 % 2006 2007 % 5. Redemption. All Bonds maturing in the years 2009 to 2010, inclusive, shall be subject to redemption and prepayment at the option of the City on August I, 2008, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of 5 1527569vl the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bond~ having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall 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 shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption 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 so assigned to such 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 shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each 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 City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such 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 such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the 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 manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assigiunent and the registration information thereon, shall be in substantially the following form: 6 1527569vl UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKACOUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION TAX INCREMENT REFUNDING BOND, SERIES 2003B INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP AUGUST 1, 20_ JUNE 1,2003 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 manner 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 February I, 2004, at the rate per annum 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 of U.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 of the 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 defmed in the Resolution. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee, 7 1527569v1 Redemption. All Bonds of this issue (the "Bonds") maturing in the years 2009 to 2010, inclusive, are subject to redemption and prepayment at the option of the Issuer on August I, 2008 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 maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall 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 shall 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. Selection of Bonds for Redemption: Partial Redemption. To effect a partial redemption of Bonds 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 shall 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 $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond . Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance: Purpose: General Obligation. This Bond is one of an issue in the total principal amount of$I,555,000, all oflike 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 of the Issuer on May 20, 2003 (the "Resolution"), for the purpose of providing money to redeem on August 1,2003, all of the Issuer's outstanding General Obligation Tax Increment Bonds of 1996, dated June I, 1996. This Bond is payable out of the General Obligation Tax Increment Refunding Bonds, Series 2003B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full 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 arid are hereby irrevocably pledged. Denominations: Exchange: Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the 8 1527569vl 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 of the 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 designation), 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. Oualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 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 of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other 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. 9 1527569vl IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U.S, BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bonds is one of the Bonds described in the Resolution mentioned within. CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA Isl Facsimile Mayor U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar Isl Facsimile Clerk By: Authorized Signature 10 1527569vl 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) Uniform Transfers to Minors Act under the (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 assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges 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: (Include information for all joint owners if the Bond is held by joint account 11 1527569vl PREPA~ENTSCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE 1 527569vl AMOUNT 12 AUTHORIZED SIGNATURE OF HOLDER 8. Execution: Temoorarv Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) 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 of that 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 ofthe Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same 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 City Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and cancelled. 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 of the Bond Registrar, Certificates of Authentication on different Bonds need not be signed by the same 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 June 1,2003. The Certificate of Authentication so executed on each Bond shall 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 shall 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 name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name 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 amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar, Whenever 13 1527569vl 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 canceled 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 instrument 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. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 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 (10) 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 above) 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. 14 I 527569v 1 14, Deliverv: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. (a) Bond proceeds in the amount of $ shall be deposited in the Debt Service Fund for the Prior Bonds heretofore created by the Prior Reso]ution for the Prior Bonds, which amount, together with all other funds held therein and $ of available funds from the City duly appropriated for such purpose is sufficient to prepay the Refunded Bonds on August 1, 2003 (the "Payment Account") . (b) There is hereby created a special fund to be designated the "General Obligation Tax Increment Refunding Bonds, Series 2003B Fund" (the "Fund") to be administered and maintained by the Finance Director 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 two (2) separate accounts, to be designated the "Cost of Issuance Account" and "Debt Service Account", respectively. (i) Cost of Issuance Account. There shall be deposited in the Cost of Issuance Account all of the remaining proceeds of the Bonds not otherwise deposited in the Payment Accounts as provided in paragraph 15(a), less accrued interest received thereon, and less any amount paid for the bonds in excess of$I,539,450. Monies in the Cost of Issuance Account shall be used to pay the costs of issuing the Bonds. Any monies remaining in the Cost of Issuance Account after all costs of issuance have been paid or provided for shall be transferred to the Debt Service Account for the Bonds. (ii) Debt Service Account. There ate hereby irrevocably appropriated and pledged to, and there shall be credited to the Debt Service Account: (1) accrued interest; (2) any amount paid for the Bonds in excess of$1,539,450; (3) Tax Increments in an amount which, together with other revenues herein pledged to the payment thereof, are sufficient to pay the principal and interest to become due on the Bonds; (4) all collections of any ad valorem taxes which may be levied in the event the Tax Increments herein pledged for the payment of the principal and interest on the Bonds are insufficient for the payment thereof; (5) funds remaining in the Cost ofIssuance Account after all costs of issuing the Bonds have been paid; (6) funds remaining on deposit in the Payment Account after the Refunded Bonds have been paid and discharged; (7) all investment earnings on funds in the Debt Service Account; and (8) 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 475.6], Subdivision 4. (c) The moneys in the Debt Service Account shall be used solely to pay the principal of and interest on the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire ]5 1527569vl 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 (5%) 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 Fund (or any other City account which will be sued to pay principal and interest to become due on the Bonds) in excess of amounts which under the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations, In addition, the proceeds of the Bonds and 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 federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Covenants Relating to the Bonds. (a) Tax Increments. The City hereby pledges and appropriates the Tax Increments to the Debt Service Account, which pledge and appropriation shall continue until the Bonds and any additional bonds payable from the Debt Service Account are paid or discharged. The City hereby expressly reserves the right to use the Tax Increments to finance costs set forth in the Plan not financed hereby or to finance costs of other projects to be undertaken from time to time within the Development District in accordance with the Development Program and the Plan, as may be from time to time amended. (b) Coverage Test. The Tax Increments are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds, consequently no taxes are levied at the present time. (c) Future Tax Levies. On or before November 10 of each year, the Finance Director shall certify to the County Auditor of Anoka County the amount of Tax Increments and any other funds appropriated to and then held in the Debt Service Account and the estimated collections of Tax Increments to be received in the next succeeding year. In the event that it is anticipated that the aggregate of said sums will not be sufficient to pay the principal and interest on the Bonds to become due in the first calendar year thereafter and the first six (6) months of the succeeding calendar year, the City Council shall pass a resolution requesting the County Auditor of Anoka County to levy an ad valorem tax in an amount as is necessary, together with the aforementioned funds then held in the Debt Service Account and said estimated collections of Tax Increments to pay the principal and interest on the Bonds to become due during said period. (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 manner permitted by law. 16 1527569v I 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 of the 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 at any time discharge its obligations with respect to any Bonds, subject to the provisions oflaw 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. 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 15c2-12 (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 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 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 manner, to (i) each NRMSIR 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. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph 20 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place with "Officers" are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 17 1527569vl 19. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 20. Notice of Call for Redemption. The Clerk is hereby authorized and directed to cause mailed notice of redemption prior to August 1, 2003 to the paying agent for the Refunded Bonds and to all registered holders of the Refunded Bonds. The Notice of Redemption shall be in substantially the form attached hereto as Exhibit B, 21, Prior Bonds: Securitv. 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. 22. Certificate of Registration. The Administrator 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 a certificate that the Bonds have been entered in the County Auditor's Bond Register. 23. Records and Certificates. The officers of the 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 heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Proiect. The City hereby covenants not to use the proceeds of the 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 manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. 18 1527569vl For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby [mds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. Furthermore: (a) there shall not be taken into account for purposes of said $5,000,000 limit any bond issued to refund (other than to advance refund) any bond to the extent the amount of the reftmding bond does not exceed the outstanding amount of the reftmded bond; (b) the aggregate face amount of the Bonds does not exceed $5,000,000; (c) each of the Refunded Bonds was issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for governmental units issuing $5,000,000 or less of bonds; (d) the average maturity of the Bonds does not exceed the average maturity of the Refunded Bonds; and (e) no part of the Bonds has a maturity date which is later than the date which is thirty (30) years after the dates the Refunded Bonds were issued. 26. Designation of ~ualified Tax-Exempt Obligations; Issuance Limit. In order to qualifY the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b )(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2003 will not exceed $10,000,000; 19 1527569v I (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2003 have been designated for purposes of Section 265(b)(3) of the Code; (f) the aggregate face amount of the Bonds does not exceed $10,000,000; and (g) the Bonds are issued to refund, and not to "advance refund" the Prior Bonds within the meaning of Section 149( d)( 5) of the Code, and shall not be taken into account under the $10,000,000 issuance limit to the extent the Bonds do not exceed the outstanding amount of the Prior Bonds. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to U.s. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 28. Severability. If any section, paragraph or provision ofthis resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 29. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Knil;'ht and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Knight, Jacobson, Gamache, Orttel, Trude and the following voted against the same: None Whereupon the resolution was declared duly passed and adopted. 20 1527569v1 STATE OF MINNESOTA COUNTYOFANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of$I,555,OOO General Obligation Tax Increment Refunding Bonds, Series 2003B. WITNESS my hand on May 20, 2003. Clerk 21 1527569vl EXHIBIT A PROPOSALS [To be supplied by Ehlers and Associates, Inc.] A-I I 527569v 1 EXHIBIT B NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION TAX INCREMENT BONDS OF 1996 CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on August 1, 2003 those outstanding bonds of the City designated as General Obligation Tax Increment Bonds of 1996, dated June 1, 1996 having stated maturity dates in the following years, totaling $1,515,000 in principal amount and having CUSIP numbers listed below: Year CUSIP Number* 2004 2005 2006 2007 2008 2009 2010 2011 2012 The bonds are being called at a price of par plus accrued interest to August 1,2003, on which date all interest on said bonds will cease to accrue, Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S, Bank National Association (formerly, First Trust National Association) in St. Paul, Minnesota, on or before August I, 2003. * 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 of the holders. Dated: May 20, 2003 BY ORDER OF THE CITY COUNCIL Isl John Erar, Administrator [Add any additional information] 1527569v1 B-1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: May 20, 2003 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 20th day of May, 2003, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the sale of, $4,580,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2003A of the City. The following members were present: Jacobson. Knight. Gamache. Orttel, Trude and the following were absent: ~gih'ber Jac.oh"on introduced the following resolution and moved its adoption: RESOLUTION Rl12-03 RESOLUTION ACCEPTING PROPOSAL ON SALE OF $4,580,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2003A, PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS A. WHEREAS, various public improvement projects (the "Improvements") have been duly ordered by the City of Andover, Minnesota (the "City") and have been constructed by the City or will be constructed under contracts which the City has or will let therefor, all pursuant to and in accordance with the applicable provisions of Minnesota Statutes, Chapter 429; and B. WHEREAS, the City has heretofore determined and declared that it is necessary and expedient to issue $4,580,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2003A (the "Bonds"), pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the Improvements; and C. WHEREAS, the City has retained Ehlers and Associates, Inc., in Roseville, Minnesota ("Ehlers") as its independent financial advisor for the Bonds and therefore proposals to purchase the Bonds have been solicited by Ehlers in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and D. WHEREAS, proposals set forth on Exhibit A attached hereto were received pursuant to the Terms of Proposal at the offices of Ehlers, in the presence of the City Clerk, or designee, at 12:00 Noon, Central Time, this same day; and 1527763v1 E. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: I. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds (or individually, a "Bond"), in accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said proposal maker. The Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks or drafts. 2. Bond Terms. (a) Title; Original Issue Date: Denominations: Maturities; Term Bond OPtion, The Bonds shall be titled "General Obligation Permanent Improvement Revolving Fund Bonds, Series 2003A", shall be dated June 1,2003, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February I in the years and amounts as follows: Year Amount 2005 $715,000 2006 730,000 2007 750,000 2008 770,000 2009 795,000 2010 820,000 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 Entrv 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 2 1527763vl 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 of the 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. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. 3 1527763vl (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond 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 hereof, 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 Bond 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. 4 1527763vl (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no 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 of the Bonds shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof, (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 of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Improvements. 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 City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August I of each year (each, an "Interest Payment Date"), commencing February 1, 2004, calculated on the basis of a 360-day year oftwe1ve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: 5 1527763vl Maturity Year Interest Rate 2005 2006 2007 2008 2009 2010 % 5, Redemotion. All Bonds maturing in the years 2008 to 2010, inclusive, shall be subject to redemption and prepayment at the option of the City on February 1,2007, 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 maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall 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 shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption 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 so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of suc\1 Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each 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 City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such 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 such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the 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 respecUo 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 6 1527763vl record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 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: 7 1527763vl UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKACOUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BOND, SERIES 2003A INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP JUNE 1,2003 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that 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 manner 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 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1,2004, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 3D-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 of the 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 8 1527763v1 Representations, as dermed in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination ofthe book-entry only system pursuant to the Resolution, Bonds may only be registered in the name ofthe Depository or its Nominee.]' REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE, 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 of this 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 signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Include only until termination of the book-entry only system under paragraph 2 hereof. . 9 1527763v 1 Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. CITY OF ANDOVER ANOKA COUNTY, MINNESOTA Isl Facsimile Mayor U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar Isl Facsimile Clerk By Authorized Signature 10 1527763vl ON REVERSE OF BOND Redemption. All Bonds of this issue (the "Bonds") maturing in the years 2008 to 2010, inclusive, are subject to redemption and prepayment at the option of the Issuer on February 1, 2007 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 maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall 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 shall 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. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds 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 shall 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 Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such 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 such 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 $4,580,000, all oflike date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been 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 of the Issuer on May 20,2003 (the "Resolution"), for the purpose of providing money to finance public improvements within the jurisdiction of the Issuer. This Bond is payable out of the Permanent Improvement Revolving Fund ofthe Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full 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. Denominations: Exchange; Resolution. The Bonds are issuable solely as fully registered bonds in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate 11 1527763v1 principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the 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 his, her or its 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 of the 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 designation), 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 govemmental 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. Oualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended. 12 1527763v1 ABBREVIA nONS 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) under the (Minor) Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 13 1527763v1 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 assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR240.17 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: (Include information for all joint owners if the Bond is held by joint account.) 14 1527763v1 [Use only for Bonds when they are Registered in Book Entry Only System) PREPA~ENTSCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE 1527763v1 AMOUNT 15 AUTHORIZED SIGNATURE OF HOLDER 8. Execution: Temporarv Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall 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 of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) 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 of that 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 same as ifhe 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 of the 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 of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same 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 June 1,2003. The Certificate of Authentication so executed on each Bond shall 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 shall 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 name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name 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 amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond 16 1527763v1 Registrar. Whenever 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 canceled 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 instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its 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. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carryall 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 persori 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 (10) 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 above) 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. 17 1527763v1 14. Deliverv: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Account. The City Council has heretofore created a Permanent Improvement Revolving Fund pursuant to Minnesota Statutes, Section 429.091. Within the Permanent Improvement Revolving Fund there is hereby created a special account to be designated the "Series 2003A Debt Service Account," to be administered and maintained by the Finance Director as bookkeeping accounts separate and apart from all other funds maintained in the official financial records of the City. The Permanent Improvement Revolving Fund shall be maintained in the manner as herein specified until all of the Bonds and any other obligations made payable from the Permanent Improvement Revolving Fund (the "Additional Bonds") and the interest thereon and all improvements to be paid from the Permanent Improvement Revolving Fund have been fully paid. The Revolving Fund is intended for the payment, in whole or in part, of the costs (1) of "improvements" (as defined in Minnesota Statutes, Chapter 429) designated by the City for funding therefrom for which at least 20% of the costs thereof are to be assessed against benefitted properties; (2) of water works, sewer system, or storm sewer system improvements described in Minnesota Statutes, Section 444.075; and/or (3) of such other improvements as may be permitted in accordance with the terms of the Subdivision (collectively, the "Revolving Fund Improvements"). (a) Permanent Improvement Revolving Fund. To the Permanent Improvement Revolving Fund there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $4,534,200, plus any special assessments levied with respect to the Improvements and special assessments levied with respect to any Additional Improvements (as hereinafter defined). From the Permanent Improvement Revolving Fund there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, and such other improvements for which special assessments may be levied as the City Council may designate (the "Additional Improvements"), including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements or any Additional Improvements there shall remain any unexpended balance in the Permanent Improvement Revolving Fund, the balance may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Permanent Improvement Revolving Fund shall only be applied towards payment of the costs of the Improvements or Additional Improvements upon the determination by the Finance Director that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. The City reserves the right granted by Minnesota Statutes, Section 429.091, Subdivision 7A to establish a separate construction account within the Permanent Improvement Revolving Fund into which the City may deposit the proceeds of the Bonds or the proceeds of Additional Bonds. 18 1527763v1 (b) Series 2003A Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Series 2003A Debt Service Account: (i) special assessments initially credited to the Permanent Improvement Revolving Fund and not already spent as permitted above and required to pay any principal and interest due on the Bonds; (ii) all accrued interest received upon delivery of the Bonds; (iii) all funds paid for the Bonds in excess of $4,534,200; (iv) any collections of all taxes which may hereafter be levied in the event that the special assessments and other revenues herein pledged to the payment of the principal and interest on the Bonds are insufficient therefore; (v) all funds remaining in the Permanent Improvement Revolving Fund after completion of all Improvements and Additional Improvements and payment of the costs thereof; (vi) all investment earnings on funds held in the Series 2003A Debt Service Account; and (vii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Series 2003A Debt Service Account. The Series 2003A Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds. 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 (1) 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 (5%) 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 Permanent Improvement Revolving Fund or Series 2003A 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 of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than one hundred percent (100%) of the cost to the City of each Improvement financed hereunder (Foxburgh Crossing, Shady Oak Cove, Woodland Est. 4th Addition, Constance Corners, Maple Hollow, Woodland Creek Golf Course Villas and City View Farms, within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel ofland due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Council or any of the City officers or employees, either in the 19 1527763v1 making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, including both principal and interest at a rate per annum of approximately percent <-- %): At the time the assessments are in fact levied the City Council shall, based on the then-current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. 105% Debt Service Coverage. It is hereby determined that the estimated collections of special assessments relating to the Improvements and the other revenues available to the Debt Service Account will produce at least 5% in excess of the amount needed to meet, when due, the principal of and interest on the Bonds. 18. 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 of the 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 prepayable 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. 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regljlations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). 20 1527763v1 The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment ofa Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the 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 minimis amount of Reimbursement Expenditures not in excess of the lesser 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 of the Bonds and in all events within the period ending on the date which is the later of 18 months 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, but not more than three years after the date of the Reimbursement Expenditure. (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, if made 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 19 upon receipt of an opinion of its 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 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 21 1527763v1 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 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 manner, to (i) each NRMSIR 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. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph 20 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk ofthe City, or any other officer of the City authorized to act in their place with "Officers" are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 21. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Series 2003A Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Series 2003A Debt Service Account when a sufficient balance is available therein. 22. 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 he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register. 23. Records and Certificates. The officers of the 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 22 1527763v1 affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 26. Designation of Oualified Tax-Exempt Obligations. In order to qualifY the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defmed in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501 (c )(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2003 will not exceed $10,000,000; and 23 1527763v1 (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2003 have been designated for purposes of Section 265(b )(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Payment of Issuance Exoenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to U.S. Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed by the City's financial advisor, Ehlers. 28. Severabilitv. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 29. Headings. Headings in this resolution are included for convenience or reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Or.... p 1 and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Knight, Jacobson, Gamache, Orttel, Trude and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 24 1527763v1 STATE OF MINNESOTA COUNTY OF ANOKA . CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of$I,555,000 General Obligation Tax Increment Refunding Bonds, Series 2003B. WITNESS my hand on May 20, 2003. Clerk 21 1527569v1 EXHIBIT A PROPOSALS [To be supplied by Ehlers and Associates, Inc.] A-I 1527763v1 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. 111-03 A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF DELINQUENT STREET, SANITARY SEWER AND W ATERMAIN ASSESSMENTS. WHEREAS, in accordance with the terms of a development contract between DH Land Company, Inc., Sundridge Townhomes, LLC and the City of Andover, a listing of delinquent special assessments has been prepared NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA: 1. A hearing shall be held the 3rd day of June, 2003 at the Andover City Council Chambers 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 least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll no less than two weeks prior to the meeting. 3. The owner of any property so assessed may at any time prior to certification ofthe assessment to the County Auditor, pay the whole assessment with no interest. Adopted by the City Council of the City of Andover on this 20th day ofMav, 2003. ATTEST: CITY OF ANDOVER ~IJ~ Victoria V olk, City Clerk ~~R~~ Mi ael R. Gamache, ayor ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 110-03 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. 7 and C.SAH. No. 20 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. 198-020-16' . NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $61.816.12 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 201h day of Mav , 2003. CITY OF ANDOVER ATTEST: ~a:~ Ichael R. Gamac e - Mayor ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 109-03 MOTION by Councilmember Ortiel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 02-18 , FOR 7TH AVENUE NW (CSAH 7) & 157TH AVENUE NW (CSAH 20). WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of Mav ,2003. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 20th day of Mav , 2003 , with Councilmembers Ortiel, Trude, Gamache. Kniaht. Jacobson voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: (j~~ /Jr!b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 107-03 MOTION by Council member Orttel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-47 , FOXBURGH CROSSING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 074-03 ,dated April 15, 2003, bids were received, opened and tabulated according to law with results as follows: Volk Sewer & Water, Inc. Redstone Construction Co., Inc. W.B. Miller, Inc. $133,003.99 $164,704.96 $166,628.75 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Volk Sewer & Water, 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 Volk Sewer & Water. Inc. in the amount of $ 133.003.99 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 May , 2003 , with Council members Orttel. Trude. Jacobson, Knioht. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ dc-.--L MIChael R. Gamache - Mayor IL;t;,;AJ (J& Victoria Volk - City Clerk MOTION by Council member CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 106B-03 Orttel to adopt the following: A RESOLUTION APPROVING REVISED FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 03-2, WOODLAND CREEK GOLF VilLAS. WHEREAS, pursuant to Resolution No. -03 , adopted by the City Council on the 20th day of May ,2003, WSB & Assoc., Inc. has prepared revised final plans and specifications for Project 03-2 for Woodland Creek Golf Villas. WHEREAS, such revised final plans and specifications were presented to the City Council for their review on the 20th day of Mav , 2003 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Revised Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, June 16 ,2003 at the Andover City Hall. MOTION seconded by Council member Trude and adopted by the City Council at a regular meeting this 20th day of May , 2003 , with Council members Orttel. Trude, Gamache. Knioht. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~ Michael R. Gamac e - Mayor ~ ().b/ Victoria Volk - City Clerk MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 106A-03 Orttel to adopt the following: A RESOLUTION DIRECTING PREPARATION OF REVISED PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 03-2 FOR SANITARY SEWER. WATERMAN STREET AND STORM SEWER IN THE FOllOWING AREA WOODLAND CREEK GOLF VilLAS. WHEREAS, the City Council did on the 21st day of January ,2003, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by WSB & Assoc.. Inc. and presented to the Council on the 18th day of March , 2003 ; 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 $ 406.165.50 BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of WSB & Assoc.. Inc. to prepare the revised plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby utilize the developer's escrow previously received for the preparation of the revised plans and specifications. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 20th day of Mav ,2003, with Councilmembers Orttel. 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: ~#~ .!IV1ichael R. Gamache - Mayor ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 106-03 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NO. 03-2 , WOODLAND CREEK GOLF VILLAS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 071-03 , dated April 15, 2003, bids were received, opened and tabulated according to law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby reject the bids. MOTION seconded by Council member Trude and adopted by the City Council at a reaular meeting this 20th day of May, 2003 , with Council members Orttel. Trude. Gamache. Kniaht. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER ~~ Ichael R. Gamache - Mayor (1::6,;., ()/v Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 105-03 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENTS OF GRADING. PARKING LOTS. BITUMINOUS TRAILS & BASKETBALL COURT FOR PROJECT NO. 03-1 , PRAIRIE KNOLL PARK. and WHEREAS. the City Council is cognizant of the need for the park improvements; NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Prairie Knoll Park, Project 03-1; and BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Enaineer to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Kniaht and adopted by the City Council at a reQular meeting this 6th day of Mav , 2003 , with Councilmembers Kniaht. Trude. Ortlel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~.~ !.LZ:~J t!~ Victoria Volk - City Clerk MOTION by Council member CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 104-03 Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-43 FOR SUNSHINE PARK SOCCER FIELD LIGHTING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 058-03 , dated April 1 , 2003, bids were received, opened and tabulated according to law with results as follows: 1. Vinco, Inc. 2. Killmer Electric Co. 3. Klein Electric, Inc. Bid Amount $196,900.00 $206,000.00 $216,700.00 Alt. 1 $10,640.00 $11,500.00 $11,000.00 Total $207,540.00 $217,500.00 $227,700.00 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 $ 207.540.00 for construction of the improvements. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 6th day of May , 2003 , with Council members Kniqht. Trude. 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: ""#i./? ~U6 chael R. Gamache - Mayor 1/ ":. (i.M U~?u.,/ v:l-t:/u Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO RI03-03 A RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT TO ADOPT THE PARK STUDY AS A COMPONENT OF THE PARKS CHAPTER. WHEREAS, the Andover Review Committee has reviewed the Parks Study and recommends it be made a part of the City Comprehensive Plan (Parks Chapter); and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said Park Study and inclusion of it into the Comprehensive Plan; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the Park Study and inclusion of it into the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Park Study as an addendum to the Parks Chapter of the Comprehensive Plan, subject to approval by Metropolitan Council. Adopted by the City Council of the City of Andover this 6th day of May, 2003. CITY OF ANDOVER ATTEST: ~{!g Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO.1 02-03 A RESOLUTION DECLARING A PIT BULL OWNED BY MARC DAVID SCHULTE, 2539- 134TH AVENUE NW. A NUISANCE AND ORDERING REMOVAL OF THE PITBULL FROM THE CITY PERMANENTLY. WHEREAS, the Anoka County Sheriffs Office has responded to 8 complaints regarding a pit bull running at large; and WHEREAS, the Anoka County Sheriffs Office has issued four citations for dog at large; and WHEREAS, City Ordinances defines running at large a nuisance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby declares the pit bull a nuisance and orders the abatement of the nuisance by ordering the dog to be removed from the city permanently within 48 hours of the adoption of this resolution. BE IT FURTHER RESOLVED, should the owner fail to comply with the order to abate the nuisance, the city may apply to a court of competent jurisdiction for an order compelling compliance with the abatement order. Adopted by the City Council ofthe City of Andover on this 6th day of Mav, 2003. ATTEST: CITY OF ANDOVER u~ (j../L Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R101-03 A RESOLUTION APPROVING THE VARIANCE REQUEST TO ALLOW EXISTING PRINCIPAL STRUCTURE TO REMAIN DURING CONSTRUCTION OF A NEW HOME ON PROPERTY LOCATED AT 15451 PRAIRIE ROAD (P.I.D. 24-32-24-23-0004) LEGALLY DESCRIBED AS FOLLOWS: THAT PART OF THE SW Yo OF THE NW Yo OF SECTION 24, RANGE 32, TOWNSHIP 24 DESCRIBEDAS BEGINNING AT A POINT ON THE WEST LINE OF SAID SW Yo OF THE NW Yo A DISTANCE OF 946.7 FEET NORTH FROM SW CORNER THEREOF THENCE CONTINUING NORTH ALONG SAID WEST LINE A DISTANCE OF 335 FEET THENCE AT RIGHT ANGLES EAST 650.15 FEET THENCE AT RIGHT ANGLES SOUTH 335 FEET THENCE WEST TO THE POINT OF BEGINNING SUBJECT TO EASEMENT FOR PUBLIC ROAD OVER THE WEST 33 FEET THEREOF WHEREAS, the Planning Commission has reviewed the request of Matt and Nicole Mason to vary frorn the requirement of Ordinance 8, Section 4.04(B) for property located at 15451 Prairie Road to allow them to reside in the existing principal structure while a new principal structure is constructed, and; WHEREAS, after review the Planning Commission has recommended approval of the request, and; WHEREAS the City Council acknowledges that such variances have previously been granted to allow a resident a place to live while a new dwelling is being constructed, and; WHEREAS the City Council feels that an existing dwelling being used for temporary living quarters is preferable, in most cases, over a temporary mobile home or similar. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow the Existing house to remain on the subject property subject to the following: 1. The existing principal structure shall be required to be removed from the property and properly disposed of within 30 days after a Certificate of Occupancy has been issued for the new principal structure, with failure to comply necessitating legal action by the City. 2. The timing of removal of the existing principal structure may be extended at the request of the Fire department. Adopted by the City Council of the City of Andover on this 6th day of May, 2003. Z--YR#~ chael R. Gamache, Mayor CITY OF ANDOVER AJ[F!}?= ' . ,'.0 tJI/./ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 100-03 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 99-15, WATER TREATMENT PLANT. WHEREAS, the City of Andover has a contract for Project No. 99-15 with Rice Lake Contractina 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 Mav ,2003. 6th day of CITY OF ANDOVER ATTEST: ~/~~ Michael R. Gamache - Mayor ~UJ a:.!b Victoria Volk - City Clerk MOTION by Council member CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 099-03 Kniaht to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 03-6 FOR 2003 OVERLAY. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 059-03 ,dated April 1 , 2003, bids were received, opened and tabulated according to law with results as follows: Bauerly Companies North Valley, Inc. Midwest Asphalt Corp. $289,063.02 $326,521.88 $338,957.65 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bauerlv 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 Bauerlv Companies in the amount of $ 289.063.02 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 City Council at a reqular meeting this 6th day of Mav Council members Kniqht. Trude. Orttel. Gamache. Jacobson of the resolution, and Council members none against, whereupon said resolution was declared passed. and adopted by the , 2003 , with voting in favor voting CITY OF ANDOVER ATTEST: 1/ . J /) d~ lL.Z;;A~ (/'CK/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 098-03 MOTION by Council member Kniqht to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 03-4 FOR 2003 SEAL COATING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 061-03 , dated April 1 ,2003, bids were received, opened and tabulated according to law with results as follows: Allied Blacktop Co. Pearson Brothers, Inc. Moorseal, Inc. $189.949.00 $197,880.09 $212,662.00 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 $ 189.949.00 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 6th day of May , 2003 , with Council members Kniqht. Trude, 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: ~~~ ichael R. Gamache - Mayor 1)- -,/ . /} d;' L.u:.--~ UJ-~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 097-03 MOTION by Council member Kniaht to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 03-3 FOR 2003 CRACK SEALING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 060-03 , dated April 1 , 2003, bids were received, opened and tabulated according to law with results as follows: Precision Seal Coating. Inc. Daffinson Pavement Maintenance Bergman Companies, Inc. $41,536.00 $53,632.00 $58,880.00 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 Coatina. 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 Coatina. Inc. in the amount of $ 41,536.00 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 6th day of May , 2003 , with Council members Kniaht, Trude, Ortlel, Gamache. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: t1 "Ubi I - ~. //. . ~;tJ.--u-J (/1 . Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 096-03 MOTION by Council member Knioht to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-50 , MAPLE HOLLOW. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 050-03 ,dated March 18, 2003, bids were received, opened and tabulated according to law with results as follows: Redstone Construction Co., Inc. Dave Perkins Contracting Inc. Friedges Contracting Co. $57,322.97 $58,133.00 $60,760.15 WHEREAS, awarding the contract is contingent upon the developer providing the following: D Two (2) Letters of Credit be sent to the City in regard to the Developer's Improvements and for the assessments as required in the development contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Redstone Construction Co., 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 Redstone Construction Co.. Inc. in the amount of $ 57.322.97 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 City Council at a reoular meeting this 6th day of Mav Council members Knioht, Trude. Orttel. Gamache. Jacobson of the resolution, and Council members none against, whereupon said resolution was declared passed. and adopted by the , 2003 , with voting in favor voting CITY OF ANDOVER ATTEST: !U;-~ ltliu Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 095-03 MOTION by Councilmember Kniqht 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. 03-18, IN THE AREA OF 16150 CROSSTOWN BOULEVARD NW (CONSTANCE FREE CHURCH). WHEREAS, the City Council has received a petition, dated Mav 1. 2003 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 Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Trude City Council at a reaular meeting this 6th day of May Councilmembers Kniqht. Trude. Orttel. Gamache. Jacobson and adopted by the , 2003, with favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. voting in voting CITY OF ANDOVER ATTEST: ~~d~ Ichael R. Gamache - Mayor I Ii '.'. 1/ E/l b,4..t;A..b./ c'/.vC.I:J Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 094-03 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREET LIGHTING, PROJECT NO. 02-39 IN THE AREA OF RED OAKS MANOR 1S1_41H ADDITIONS 7 UNPLATTED PORTIONS OF PROPERTY LOCATED IN SECTIONS 33 & 34. TOWNSHIP 32, RANGE 24. WHEREAS, pursuant to Resolution No. 158-02, adopted the 15th day of October, 2002 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 61h day of~, 2003; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated project cost of $ 90,608.83 for standard traditionaires/cobra heads on wood poles or $116,363.83 for the acorn style on fluted poles/cobra heads on wood poles 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. 02-39, 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 $90.608.83 for standard traditionaires or $116,363.83 for the acorn style. 3. A public hearing shall be held on such proposed improvement on the 20th day of Mav , 2003 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 Trude and adopted by the City Council at a reaular meeting this 6th day of Mav , 2003 , with Councilmembers Kniaht. Trude. OrUel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: II '-i--. I j ,fJJ L4#1nAA./ (/c-~If-/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 093-03 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 03-17 FOR WATERMAIN IN THE FOLLOWING AREA OF 14027 CROSSTOWN BOULEVARD NW. WHEREAS, the City Council did on the 15th day of April , 2003, order the preparation of a feasibility study for the improvement; and WHEREAS, such feaSibility stud~ was prepared by the City Engineer and presented to the Council on the 6 day of Mav , 2003 ; 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 $ 6.114.78 . 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 $ 6,114.78 and waive the Public Hearing. MOTION seconded by Councilmember Trude and adopted by the City Council at a regular meeting this 6th day of Mav , 2003 , with Councilmembers Knight. Trude, Ortlel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against. whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~kda--L Michael R. Gamache - Mayor if ,-> '1 {LZ-t>-'" (/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 092-03 MOTION by Council member Knioht to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-49 ,WOODLAND ESTATES 4TH ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 062-03 , dated April 28, 2003, bids were received, opened and tabulated according to law with results as follows: Three Rivers Construction Friedges Contracting Hennen Construction Base Bid $ 964,465.61 $ 977,156.65 $ 981,207.20 WHEREAS, awarding the contract is contingent upon the developer providing the following: o Recording of the final plat to Anoka County. o Execution by signing the development contract as required. CI Providing the necessary easements that are required for streets & utilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Three Rivers Construction as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Three Rivers Construction in the amount of $964.465.61 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 reoular meeting this 6th day of Mav , 2003 , with Council members Knioht. Trude. Orttel. Gamache. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOV 7~V~ Ichael R. Gamache - Mayor { "O?' ! .. I . J"d;l~ U~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R091 -03 A RESOLUTION APPROVING THE FINAL PLAT OF "WOODLAND CREEK GOLF VILLAS" AS BEING DEVELOPED BY OL V AN PROPERTIES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: Outlot A, Woodland Creek, Anoka County, Minnesota WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Woodland Creek GolfViIIas"; and WHEREAS, the Developer has presented the final plat of Woodland Creek Golf Villas; 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 Creek Golf Villas 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. Trail fees shall be paid in the amount of$4,532. 7. An easement shall be dedicated in favor of the City to expand the existing 100 foot wide drainage and utility easement located along the west side of Coon Creek to 150 feet in width. This easement shall be dedicated with a separate document. 8. The applicant shall provide a drainage and utility easement in favor of the City of Andover on Tract B around the 100 year flood elevation of the proposed storm water pond. Adopted by the City Council of the City of Andover this 6th day of May, 2003. CITY OF ANDOVER A~ ./ //1 " IJ~ Victoria V olk, City Clerk '~~ chae1 R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R09Q-03 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR SHARON THOMPSON TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 838 CROSSTOWN BOULEVARD NW (23-32-24-11-0018) LEGALLY AND DESCRIBED AS; THAT PART OF THE NE 1/4 OF THE NE 1/4 OF SECTION 23 TOWNSHIP 32 RANGE 24, ANOKA COUNTY, MINNESOTA DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF SAID 1/4, 1/4, THENCE SOUTH 58 DEGREES 52 MINUTES 30 SECONDS WEST ALONG CENTERLINE OF CSAH NO 18 (ALSO KNOWN AS CROSSTOWN BLVD NW) 613.86 FEET, THENCE SOUTH 31 DEGREES 07 MINUTES 30 SECONDS EAST 268.49 FEET, THENCE SOUTH PARALELL WITH EAST LINE OF SAID 1/4 1/4, and; To be divided into properties to be described as illustrated on Exhibit A stamped received by the City of Andover May 2,2003. WHEREAS, Sharon Thompson has requested approval of a lot split to subdivide property pursuant to Ordinance No. 40, located at 838 Crosstown Boulevard NW, and; WHEREAS, the Planning and Zoning Commission finds that said request meets the criteria of Ordinance No.8 and 40, 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, 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 lot split on said property with the following conditions: 1. The applicant shall be required to pay a park dedication fee in the amount of$2155. 2. The applicant shall be required to pay a trail fee in the amount of$523. 3. The driveway access for tract B shall be required to be located on Prairie Road. The new access shall be a minimum of sixty feet from the intersection of Crosstown Boulevard and Prairie Road. 4. The new deeds for the Tract A and Tract B shall contain the legal descriptions described in Attachment A stamped received by the City of Andover May 2,2003. 7. That the lot split be 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 May, 2003. CITY OF ANDOVER ATTEST: iL~ /J;/b Victoria Volk, City Clerk Resolution # ..Rllli9::-03 Record of Decision for the Andover Station North EA W (Adopted by Andover City Council -- May 6, 2003) SUMMARY OF ACTION The Andover Station North site is approximately 100-acres, and is located north of Bunker Lake Boulevard, south of the WDE Landfill site, and west of Hanson Boulevard. The City of Andover is interested in developing this site into a quality commercial development that will also have a medium to high-density residential component. An Environmental Assessment Worksheet (EA W) was prepared to evaluate the potential for significant environmental impacts pursuant to EQB Rule 4410.4300, subpart 32. (Mixed Residential and Industrial-Commercial Projects). Andover Station North EA W Record of Decision: It is the finding of the City of Andover (RGU) that potential environmental impacts associated with the proposed Andover Station North Development shall be mitigated in an acceptable manner and therefore an Environmental Impact Statement is not necessary. Mitigation of potential environmental impacts shall be achieved by the following means: . Through revisions to the proposed subdivision design; . Conditions to plat, site plan and building permit approvals; . Compliance with Restrictive Covenants and City Ordinances; and . Permit conditions or other actions of various public regulatory authorities including, but not limited to the City of Andover, Anoka County, the Anoka Conservation District the Minnesota DNR, and the MPCA. The City of Andover further recognizes the following findings off act in conjunction with a negative declaration on the need for an EIS for the proposed Andover Station North Development: 1. Comparing environmental impacts that may be reasonably expected to occur from the proposed project with the criteria contained in Minnesota Rules 4410.1700, subpart 7, the Council finds that the proposed project does not have the potential for significant environmental effects. 2. The type, extent and reversibility of environmental effects have been considered and they do not contain the potential for significant environmental effects. 3. The cumulative potential of environmental effects of related or anticipated future projects will not create the potential for significant environmental effects. 2 4. The extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority indicates that this proposed project does not have the potential for significant environmental effects. 5. The extent to which environmental effects can be anticipated and controlled as a result of other environmental studies undertaken by public agencies and the project proposer has been considered and it indicates that this proposed project does not have the potential for significant environmental effects. The balance of this "Record of Decision" provides background information regarding the Andover Station North Development EA W comments and responses to agency comments received following EA W Distribution. EA W COMMENTS: Public notice hearings were held, and the Andover Station North EA W was distributed as required for a 30-day comment period (ended April 16, 2003). Written comments were received from the following six agencies:' Minnesota Department of Natural Resources (DNR), Minnesota Pollution Control Agency (MPCA), Metropolitan Council, Anoka Conservation District, Anoka County Highway - Traffic and Transportation, and the Army Corps of Engineers. The comments of each agency have been summarized below. Following each summary is a description of how the comments and concerns of each agency have or will be addressed in the development process. The response to a number of the comments is listed as "duly noted." This response is intended to reflect a position by the City of Andover that the various issues or concerns referenced have been noted and will be appropriately addressed to avoid or mitigate unacceptable environmental impacts. MINNESOTA DEPARTMENT OF NATURAL RESOURCES (DNR) COMMENT Land Use (Item No.9) The Central Anoka County Trail follows along Bunker Lake Blvd. (CRI16) at the south end of the project site. For additional information about the trail and how it might be affected by the proposed project, contact Anoka County Parks & Recreation at 612-757-3920. RESPONSE Duly Noted. COMMENT Cover Tvoes (Item No. 10) This item shows an increase in impervious area to 68 acres from the current zero acres. This is a" significant increase in impervious area, relative to the size of the site. Stormwater ponding will have to be sized and designed to protect not just the receiving waters downstream of wetland No. 2-616W, but the wetland itself. 3 RESPONSE Duly Noted. COMMENT Physical Impacts on Water Resources (Item No. 12) As noted in the EA W, public waters wetland No. 2"616W, which is part of the Wetland B complex, is just off-site to the southwest. There is no public waters wetland on the site. A permit may be required if the stormwater outfall from Andover Station site is proposed below the ordinary high water level of wetland 2-616W. RESPONSE Duly Noted. COMMENT Water Use (Item No. 13) The EA W indicates that dewatering of the site will occur as necessary. A DNR water appropriation permit will be required if dewatering exceeds 10,000 gallons per day or one million gallons per year. RESPONSE Duly Noted. COMMENT Water Quality - Surface Water Runoff (Item No. 17) The EA W addresses post-development runoff rates. We recommend that post-development runoff volumes also not exceed pre-development volumes. We encourage the city to promote infiltration unless there are difficulties with the proximity to the WDE landfill or contamination resulting from operation of the salvage yard. RESPONSE Duly Noted MINNESOTA POLLUTION CONTROL AGENCY (MPCA) COMMENT Storm-water Runoff (page 11) As noted in Item 8, this project would require the application for and issuance of a National Pollutant Discharge Elimination System (NPDES) General Storm Water Permit for Construction Activity. This project would replace the existing vegetation with approximately 68 acres of new impervious surfaces, requiring the need for permanent wet sedimentation ponds. The EA W indicates that wet sedimentation ponds will be designed to National Urban Runoff Program standards. The wet sedimentation ponds must be designed to meet the requirements of the NPDES General Storm Water Permit. 4 The application for the NPDES General Storm Water Permit must be submitted at least 30 days prior to commencing construction and be accompanied by a Storm Water Pollution Prevention Plan. Questions regarding the MPCA's Storm Water Permit Requirements may be directed to Keith Cherryholmes at 651-296-6945. RESPONSE Duly Noted. COMMENT Needed HighwavlRoadwav Improvements (page 22) Mixed Solid Waste (garbage) exists under Hanson Boulevard. This is a high concern to MPCA staff should the boulevard be expanded into four lanes and if the expansion is designed on the west side of Hanson Boulevard. Depending on how far the expansion would be from the existing roadway, the construction could run into the landfill cap as well. This would be very costly to manage and may result in the need to redesign the WDE Landfill site in this area. The MPCA and/or the state of Minnesota would not be responsible for any costs for changes to the landfill redesign or cap from this activity. RESPONSE The City will work with the County and the MPCA to prevent any adverse impacts to the landfill. COMMENT Restrictive Covenants and Building Restrictions (page 17 and figures C and E) The High Density Residential footprint must be reduced so that the area does not intersect the 200-foot gas ordinance and "no development or alteration" buffer. The same applies to the proposed Commercial area located just to the south of the WDE Landfill. The MPCA staff recommends that a 200- foot and 500- foot line be indentified on the figure/map to denote a no development line and no dewatering line. The MPCA Closed Landfill Program staff received a figure entitled "Andover Station Site 2: Wetland Mitigation dated March 11,2003" from the city of Andover staff at a meeting held at City Hall on March 12, 2003. Closed Landfill Program staff comments regarding the figure state that the northern wetland must be moved south and be located out of the 200-foot "no development or alteration" buffer area as documented in the city of Andover Deed Conditions. RESPONSE The City will comply with the 200-foot "no development or alteration" buffer. As noted on page 17, of the Andover Station North EA W: "In order to safeguard public health, and safety various restrictive covenants have been placed against the Andover Station North Site." In addition to the 200- foot "no development or alteration" buffer these restrictions also establish safeguards for protection of building occupants (for buildings that may be sited between 200 and 500 feet from the WDE Landfill boundary) from infiltration oflandfill gas and restrictions/requirements for dewatering. In order to strengthen its ability to enforce these requirements the Andover City Council included specific provisions in City Ordinance 19P (adopted April 4, 1995) that address the development and dewatering restrictions referenced by MPCA. 5 The .Figure entitled "Andover Station Site 2" mentioned at the March 12,2003 meeting between MPCA Staff and City Staff was only a concept and not final. No new "mitigation wetlands" will be located within the 200-foot buffer. METROPOLITAN COUNCIL COMMENT Item 8 - Permits and Approvals Required Sanitary sewer service connection plans for the proposed project will need to be submitted to the Metropolitan Council Environmental Service Municipal Services stafffor review, comment, and issuance of a construction permit before connection can be made to either the municipal or metropolitan wastewater disposal system. RESPONSE Duly noted. COMMENT Item 11- Fish, Wildlife and Ecologicallv Sensitive Resources The EA W states that the Blanding's Turtle, a state-listed threatened species, has historically been observed in the vicinity of the project site. Given the presence of wetlands and sandy soils on the site, and the understanding that Blanding's Turtles are known to travel up to one mile from wetland feeding areas to upland nesting areas, it is quite possible that they may traverse portions of this proposed development area. The EA W states that the woodland area on the western portion of the site is dominated by mature Red and Bur Oak trees. Council encourages the city to preserve as much of this mature woodland as possible as an amenity for the project. We encourage the city to prepare and implement a tree preservation ordinance to assist in this matter, if one is not already in place. RESPONSE Duly noted. The City views the mature Red and Bur Oak trees present on western portion of the site as an amenity and will make best efforts at preservation. COMMENT Item 25 - Nearbv Resources Item 25-C should be checked "yes". Central Anoka County Regional Trail parallels Bunker Lake Boulevard and provides access to the 1,772 acres of the Bunker Hills Regional Park that is located southeast of the intersection of Bunker Lake and Hanson Boulevards. This development should include a safe, convenient, and attractive local trail connection to the Regional Trail and Regional Park. The Regional Park provides significant high quality natural areas and benefits from the preservation and restoration of natural habitat and water quality in the areas surrounding the park. A conservation-oriented design for the project will help preserve and improve the habitats for plants, birds and wildlife. RESPONSE Duly Noted. The City will encourage connections from the site to the Regional Park & Trails. 6 ANOKA CONSERVATION DISTRICT COMMENT The applicant wishes to utilize sequencing flexibility for the wetland impacts on the site. This needs to be evaluated by the Technical Evaluation Panel (TEP) utilizing the Minnesota Routine Assessment Method for Evaluating Wetland Functions or other equivalent assessment method as stated in Ch. 8420.0520 subp. 7a. I would suggest conducting a TEP as soon as possible to reduce any inconvenience with possible design changes as a result of this meeting. RESPONSE Duly noted. The City will work with TEP through the design process. ANOKA COUNTY HIGHWAY - TRAFFIC & TRANSPORTATION COMMENT A. Page 17 begins the detailed discussion related to traffic and transportation issues for the site. As is pointed out in the text, increased vehicular traffic will be one of the most significant impacts of the development. The EA W speaks to three key intersections: Bunker Lake Boulevard at Hanson Boulevard, Bunker Lake Boulevard at Jay Street, and Hanson Boulevard at 139th Lane. However, it appears that there are other intersections that will also be impacted in a major way. In particular, there is concern about impacts on the following intersections: Hanson Boulevard at Crosstown Boulevard Hanson Boulevard at Andover Boulevard Bunker Lake Boulevard at Quinn Street NW Bunker Lake Boulevard at Crosstown Boulevard These intersections are all within one mile of the project site. Each has been the source of discussion between the City and County with respect to increased traffic and safety concerns, partly due growth in Andover and partly due to the number of schools in the area. We would recommend that these intersections be added to the traffic analysis for the site. RESPONSE Figure 13 in the City's Proposed Citywide Transportation Plan identifies proposed traffic levels on the all of the referenced intersections. The City will work closely with Anoka County to identifY needed improvements and funding sources. It should be noted that the intersection of Bunker Lake Boulevard at Quinn Street NW is currently fully signalized with medians and protected turn lanes and that the City does not anticipate the need for further improvements at that intersection. COMMENT B. On page 18, there is a list of recommended road improvements, the majority of which involve County roads. We have several concerns about the recommendations: 7 1. The document states that, "according to the Anoka County 2015 Transportation Plan, these improvements are planned to be completed by 2010." We are not in a position to guarantee the timing of these improvements and wish to caution the City and developer that the timing of the improvements is not firm. As the City and developer are aware, financing for road improvements has changed substantially since 1998 when the 2015 Transportation Plan was completed. Our latest Five Year CIP (through 2008) will only upgrade Hanson Boulevard between TH 242 and Bunker Lake Boulevard. All other improvements listed in the EA W should be considered as remaining "as is." The County, City, and developer should meet to discuss the implications of this situation before plans progress much further. RESPONSE Duly Noted. The City will work with the County to identity minimum needed improvements, funding sources and timing. COMMENT 2. The recommended improvements include several that are noted as "specific roadway improvement needs being driven by the Andover Station North development". Additional traffic studies are recommended to verity assumptions made. We support the idea of additional traffic studies for these individual uses. For those that impact County roads or intersections with County roads, we encourage the City and developer to communicate with the County early in the process to avoid unnecessary and costly redesign of plans. RESPONSE Duly Noted. COMMENT 3. There are improvements recommended for eastbound and westbound Bunker Lake Boulevard and northbound Hanson Boulevard for which the EA W suggests that the City and County establish a timetable for design, construction, and financial responsibility. As with item #2, above, it is important that these discussions occur early in the land use design process to avoid unnecessary cost and to maximize any timetable for financing. RESPONSE Duly Noted. COMMENT C. Recently, the County had the functional classification of Bunker Lake Boulevard upgraded from a B Minor Arterial to an A Minor Arterial. One of the main reasons for this was that it made the roadway eligible for federal funds that were not previously accessible. Another reason for the change is that the County is keenly aware of the development occurring in Andover and the need for road improvements. This change allows the County and City access to funds previously unavailable to us for such road improvements. Still, there is no 8 guarantee of receiving funds. Applications must be prepared and must compete in a region- wide process for a relatively small amount of money. As recommended in the EA W, financing of road improvements will require additional discussion between the City and County. In a political climate where state funding is disappearing and local (both City and County) budgets are being reduced, creativity for funding needs to be maximized and all opportunities for funding need to be sought. The County endorses further discussion on this. RESPONSE Duly Noted. COMMENT D. The details of the Traffic Study included as part of the EA W indicated that even the 2022 "no build" condition reveals inadequacies on numerous roadways and at numerous intersections. This condition does not relieve the developer from being required to make improvements. A truer evaluation of the impacts of the development vs. "no build" would be an evaluation of a complete build-out of the development vs. a 2008 "no build" condition. RESPONSE Duly Noted. The City will work with the County to identifY the minimum needed improvements, funding sources and timing COMMENT E. We are concerned that, in general, the EA W is focused within the boundaries of the property to be developed as opposed to taking in to consideration growth anticipated adjacent to the project. The County is aware of more intense development are being considered north and south of the site, which will not only impact the same roads discussed as part of this development, but which will also certainly have an impact on the proposed development, itself. These cumulative impacts should be addressed by the EAW. For example, the scope of the traffic study should be expanded to include a before and after analysis of the capacities and operations of the Hanson Boulevard at Andover Boulevard/County Road 16 and Hanson Boulevard at County Road 18 (Crosstown Boulevard). RESPONSE A closer examination of Figure 3 of the Andover Station North Development Site - Traffic Impact Study (Dated Feb. 12,2003) takes into consideration anticipated growth of other areas of the community up to 2022. The City is in the final stages of adoption of the its proposed city- wide Transportation Plan. In response to the consideration of growth adjacent to the site, the City would like to introduce Figure 13 - (Year 2020 Daily Volumes Scenarios) from that document which takes into account the roadway traffic volumes along these major County roadways. Figure 15 from the Transportation Plan (attached) illustrates the necessary intersection improvements at these two intersections. As improvements are required, the City and County will work together on needed improvements, funding sources and timing. 9 Environmental Services: COMMENT A. Page 2, item 6. Description-The first paragraph states that the City of Andover recently purchased 20 acres from a salvage yard. The salvage yard is incorrectly identified as Andover Auto Parts, but is likely the Anoka Auto Wrecking. RESPONSE Duly Noted. COMMENT B. Page 12, item 19. Geologic Hazards and Soil Conditions-The upper bedrock over the entire site is described as the St. Lawrence Formation. The depth to bedrock is given as 160 ft. minimum and 200 ft. maximum. The surface elevation is given as 910ft. above mean sea level (MSL) at the highest point and 885 ft. MSL at the lowest. This implies that the upper surface of the bedrock can be 750 ft. MSL maximum or 685 ft. MSL minimum. The upper bedrock surface recorded on well records found in the Minnesota Geological Survey County Well Index for this Township, Range, Section, (32,24,34) varies from 797 ft MSL to 725 ft MSL. The record for the well completed at the former auto salvage yard, Anoka Auto Wrecking, shows the bedrock elevation to be 797 ft. MSL and the bedrock is interpreted as Franconia. The Franconia is below the St. Lawrence. The bedrock elevations implied by the information given in the EA Ware too low for the upper surface of the St. Lawrence in this area of Anoka County. RESPONSE Duly noted. COMMENT C. Page 14, item 20. Solid Wastes, Hazardous Wastes. Storage Tanks and Andover Auto Wrecking Auto Salvage Property-The fifth paragraph states that inorganic compounds (Antimony, Cadmium, Chromium, Lead and Nickel) were detected at levels within what is considered "common range" for natural soils by the U.S.EP A. A recent site visit by Anoka County Environmental Services staff members has shown that soil samples were not collected in the areas that were utilized by the salvage yard to store batteries and radiators. Those storage areas are known to have the most metal soil contamination. RESPONSE Duly noted. The City will sample in the area where batteries and radiators were stored. If soil contaminants are present, removal will be coordinated before earth moving excavation on the site has been completed. COMMENT D. Finally, there should be acknowledgement that no activity requiring digging may occur on the west side of Hanson Boulevard, adjacent to the site. This is in accordance with an agreement with the Minnesota Pollution Control Agency regarding the closure of the WDE site. 10 RESPONSE Duly noted. The City will work with the County and MPCA to properly alleviate adverse impacts to the landfill. ARMY CORPS OF ENGINEERS COMMENT We have determined that the waterbodies being impacted by the filling are not "waters of the United States" because they are: (1) not "navigable waters" as defined by Federal Law, (2) not interstate waters, (3) not part of a tributary system to (1) or (2), (4) not wetlands adjacent to any of the foregoing, and (5) not impoundments of any of the above. In addition, the interstate commerce nexus to these particular waterbodies is insufficient to establish Clean Water Act jurisdiction. These waterbodies are therefore not subject to regulation by the Corps of Engineers under Section 404 of the Clean Water Act. RESPONSE Duly Noted. Adopted by the City Council of the City of Andover on this 6th day of May, 2003. ATTEST: CITY OF ANDOVER ,~ ichael Gamache, Mayor ~ tI& Victoria Volk, City Clerk 11 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R08~ -03 A RESOLUTION APPROVING THE FINAL PLAT OF "WOODLAND ESTATES 41H ADDITION" AS BEING DEVELOPED BY WOODLAND DEVELOPMENT LOCATED IN THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: The north half of the north half of the southwest quarter of Section 22, 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 4th Addition"; and WHEREAS, the Developer has presented the final plat of Woodland Estates 4th 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 4th Addition 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 shall be paid as agreed to by the Park and Recreation Commission and the developer. 7. An additional easement shall be dedicated to allow the City access to a manhole and storm sewer conduit located west of Lot 23, Block 3, outside the plat. This easement shall be dedicated with a separate document. 8. Temporary road easements shall be provided for the temporary cul-de-sacs to be located at the end of Quinn Street NW and 1520d Lane NW. These easements shall be dedicated with a separate document that is structured to expire upon the extension of these roadways. 9. Outlots A and B shall be eliminated by being combined with property to the west of the plat. 10. A twenty foot wide trail easement shall be provided between lots 13 and 24, Block 3 to allow a trail to be c.onstructed from the end of the cul-de-sac on Uplander Street NW through the park to 152nd Lane NW. This easement shall be dedicated with a separate document. Adopted by the City Council of the City of Andover this 151h day of April, 2003. CITY OF ANDOVER A71~T:. II ..1" ~~i"" f I./~ Victoria V olk, City Clerk 1chael R. Gamache, Mayor CITY OF ANDOVER COUNYT OF ANOKA STATE OF MINNESOTA RESOLUTION R08'1-03 A RESOLUTION TO NOT APPROVE A PREMISES PERMIT FOR THE ANDOVER LIONS CLUB TO CONDUCT A PULL-TAB OPERATION AT POV'S SPORTS BAR AND GRILL.. WHEREAS, the Andover Lions Club has submitted an application to the City of Andover for a premises permit to operate a charitable gambling operation at Pov's Sports Bar, 1851 Bunker Lake Boulevard NW; and WHEREAS, per Minnesota Gambling Control Board requirements, a resolution must be adopted by the City Council within 60 days of receipt of the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a premises permit for charitable gambling for the Andover Lions Club is hereby not approved subject to the terms outlined in City Ordinance 258. Adopted by the City Council of the City of Andover this 15th day of April. 2003. CITY OF ANDOVER Attest: .~ (~ 04 Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 086-03 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY (ALTERNATIVE NO.2), WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 02-45 FOR SANITARY SEWER, WATERMA/N, STREET AND STORM SEWER IN THE FOllOWING AREA CONSTANCE CORNERS. WHEREAS, the City Council did on the 1ih day of December ,2002, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by WSB and presented to the Council on the 15th day of April , 2003 ; 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 $ 1.407.812.00(Alternate No. 2) 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 $ 1.407,812.00 (Alternate No.2) , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of WSB 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 $ 55.500.00 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 15th day of April ,2003, with Councilmembers Trude. Jacobson, Ortie/. Gamache, Kniqht 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 ~~ !J;/L, Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R085-03 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO EXPAND THE METROPOLITAN URBAN SERVICE BOUNDARY TO INCLUDE THE CONSTANCE FREE CHURCH PROPERTIES LOCATED AT 16150 CROSSTOWN BOULEVARD NW (p.I.D.14-32-24-14-0001,0003,0004,0005 and 0006) LEGALLY DESCRIBED ON EXHIBIT A; WHEREAS, The Constance Free Church has petitioned the City of Andover to extend municipal sewer and water to the subject property, and; WHEREAS, The 2020 Metropolitan Urban Service Boundary (MUSA) does not include the subject property, and; WHEREAS, analysis of the Bluebird Sanitary Sewer Trunk 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 Planning and Zoning Commission recommends to the City Council approval of the amendment as requested, 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 agrees with the recommendation of the Planning and Zoning Commission and adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1) Extend the 2020 Metropolitan Urban Service Boundary (MUSA) to include the Constance Free Church properties, legally described in Exhibit A. 2) Subject to review and approval by the Metropolitan Council. Adopted by the City Council of the City of Andover on this 15th day of April, 2003. CITY OF ANDOVER ATTEST: ichael R. Gamache, Mayor !1:t?~ [j~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO.R084-03 A RESOLUTION DENYING THE LOT SPLIT REQUEST FOR WADE PETERSEN TO SUBDIVIDE INTO TWO PARCELS PROPERTY LOCATED AT 1415 ANDOVER BOULEVARD NW (26-32-24-23-0058) LEGALLY AND DESCRIBED AS: Lot 5 and 6, Block 4 Hartfiel's Estates except the west 50 feet thereof, Anoka County, Minnesota WHEREAS, Wade Petersen has requested approval of a lot split to subdivide property pursuant to Ordinance No. 40, located at 1415 Andover Boulevard NW, and; WHEREAS, Wade Peterson has requested approval of variances to the minimum lot depth requirement of Ordinance 8, Section 6.02 to allow two lots with a lot depth of 117 feet, and; WHEREAS, the Planning and Zoning Commission held a public hearing pursuant to state statutes, and; WHEREAS, the City Council finds the request does not demonstrate undue hardship as defined by state statute, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby denies the lot split on said property based on the following finding: 1. The proposed lot split application does not demonstrate undue hardship is caused through strict application of the Zoning Ordinance. Adopted by the City Council of the City of Andover on this 15th day of April, 2003. CITY OF ANDOVER ATTEST: li;::t~ (/~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 083-03 Council Member Trude introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $1,555,000 G.O. Tax Increment Refunding Bonds Series 2003 A. WHEREAS, the City Council of the City of Andover, Minnesota, has heretofore detennined that it is necessary and expedient to issue the City's $1,555,000 General Obligation Tax Increment Refunding Bonds, Series 2003 (the "Bonds"), to finance public improvement projects in the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("EWers"), as its independent fmancia! advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statues, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota, as follows: I. Authorization: Findings. The City Council hereby authorizes EWers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Opening. The City Council shall meet at 7:00 p.m. on May 20, 2003, 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 EWers 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 dilly seconded by Council Member Orttel and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Gamache, Orttel, Trude, Jacobson, Knight and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted this 15th day of April, 2003. CITY OF ANDOVER Attest: IL~ ()4 Victoria V olk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. 082-03 Council Member Trude introduced the following resolution and moved its adoption: Resolntion Providing for the Sale of $4,580,000 G.O. Permanent Improvement RevolvingFund Bonds Series 2003 A. WHEREAS, the City Council of the City of Andover, Minnesota, has heretofore detennined that it is necessary and expedient to issue the City's $4,580,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2003 (the "Bonds"), to fmance pnblic improvement projects in the City; and B. WHEREAS, the City has retained EWers & Associates, Inc., in Roseville, Minnesota ("EWers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statues, Section 475.60, Snbdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota, as follows: 1. Authorization: Findings. The City Council hereby authorizes EWers to solicit proposals for the sale of the Bonds. 2. Meeting: Prooosal Ooening. The City Council shall meet at 7:00 p.m. on May 20, 2003, 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 EWers 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 Orttel and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Gamache, Orttel, Trude, Jacobson, Knight and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted this l5~ day of Aoril, 2003. CITY OF ANDOVER Attest: ~X~~~ lchael R.Gamache, Mayor (L~~, Od'L Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 081-03 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #--1- TO PROJECT NO. 99-15, WATER TREATMENT PLANT/SECURITY, WHEREAS, the City of Andover has a contract for Project No. 99-15 with Rice Lake Contracting 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 April ,2003. 15th day of CITY OF ANDOVER ATTEST: 11z;~.1 aa Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 079-03 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-48 , SHADY OAK COVE. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 049-03 ,dated March 18, 2003, bids were received, opened and tabulated according to law with results as follows: Redstone Construction Co., Inc. Dave Perkins Contracting Inc. Friedges Contracting Co. $162,544.52 $165,31300 $169,069.85 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Redstone Construction Co.. 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 Redstone Construction Co.. Inc. in the amount of $ 162,544.52 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 reoular meeting this 15th day of April , 2003 , with Council members Trude. Jacobson, Orttel. Gamache, Knioht voting in favor of the resolution, and Council members none against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: ~~d~ chael R. Gamache - Mayor IlL ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 078-03 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 00-42 ,AZTEC ESTATES. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 043-03 ,dated March 4, 2003, bids were received, opened and tabulated according to law with results as follows: . Ryan Contracting Northdale Construction Three Rivers Construction $570,657.39 $576,566.34 $590,079.93 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rvan ContractinQ as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rvan Contractino in the amount of $570.657.39 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Jacobson and adopted by the City Council at a reQular meeting this 15th day of April , 2003 , with Council members Trude, Jacobson. Orttel. Gamache. Knioht voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~c4~ chael R. Gamache - Mayor ~ ()$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 077-03 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 99-8A ,Well #8 Pumping Svstem . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 006-03 , dated January 21 ,2003, bids were received, opened and tabulated according to law with results as follows: Mark J. Traut Wells Inc. Municipal Builders, Inc. $148,615.00 $158,121.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Mark J. Traut Wells 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 Mark J. Traut Wells Inc. in the amount of $148,615.00 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 Jacobson and adopted by the City Council at a reQular meeting this 15th day of April , 2003 , with Council members Trude. Jacobson, Ortlel. Gamache. Knight voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~.<'d~ MIChael R. Gamache - Mayor Il~~ ()& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 076-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 03-16 FOR SANITARY SEWER & WATERMAIN IN THE FOllOWING AREA OF 16060 CROSSTOWN BOULEVARD NW. WHEREAS, the City Council did on the 1st day of April , 2003, 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 151h day of April ,2003; 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 $ 12,650.00. 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 $ 12,650.00 and waive the Public Hearing. MOTION seconded by Council member Jacobson and adopted by the City Council at a reqular meeting this 15th day of April , 2003 , with Councilmembers Trude. Jacobson. Ortlel, Gamache, Kniqht 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 t1:t~ lJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 075-03 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 03-14 FOR WATERMAIN IN THE FOLLOWING AREA OF 13752 ROUND LAKE BOULEVARD NW. WHEREAS, the City Council did on the 1st day of April , 2003, 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 15th day of April ,2003; 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 $ 6.795.02 . 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 $ 6,795.02 and waive the Public Hearing. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this 15th day of April , 2003 , with Councilmembers 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: ~~~ chael R. Gamache - Mayor ~ (/;/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 074-03 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-47 , FOXBURGH CROSSING . WHEREAS, pursuant to Resolution No. 040-03, adopted by the City Council on the 4th day of March , 2003, the Citv Engineer has prepared final plans and specifications for Project 02-47 for Foxburah Crossing. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 15th day of April , 2003 . 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 PM Mav 13 ,2003 at the Andover City Hall. MOTION seconded by Council member Jacobson and adopted by the City Council at a reaular meeting this 15th day of April , 2003 , 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: -:;?'~ h ~~ I\1I1chael R. Gamache - Mayor ~tJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R073-03 A RESOLUTION APPROVING THE FINAL PLAT OF "FOXBURGH CROSSINGS" AS PROPOSED BY GRAND TETON DEVELOPMENT, LLC LOCATED IN THE SOUTHEAST QUARTER OF THE NORTH HALF OF SECTION 27, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: THE SOUTH 495.00 FEET OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 32, RANGE 24 WEST, ANOKA COUNTY, MINNESOTA LYING EAST OF THE WEST 660.00 FEET; TOGETHER WITH THAT PART OF SAID EAST HALF OF THE NORTHEAST QUARTER DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST HALF; THENCE EAST ALONG THE SOUTH LINE OF SAID EAST HALF, 528.00 FEET TO THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED; THENCE NORTH, PARALLEL WITH THE WEST LINE OF SAID EAST HALF A DISTANCE OF 325.00 FEET; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID EAST HALF A DISTANCE OF 132.00 FEET; THENCE SOUTH, PARALLEL WITH SAID WEST LINE A DISTANCE OF 325.00 FEET TO SAID SOUTH LINE; THENCE WEST, ALONG. SAID SOUTH LINE A DISTANCE OF 132.00 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Foxburgh Crossings"; and WHEREAS, the Developer has presented the final plat of Foxburgh Crossings; 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 Foxburgh Crossings 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 fmal 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 fees in the amount of$22,100. 7. Trail fees shall be paid in the amount of$5,356. Adopted by the City Council of the City of Andover this 15th day of April, 2003. CITY OF ANDOVER ATTEST: (j.;;:/;.;.M d~ Victoria V olk, City Clerk v~ lchael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072-03 MOTION by Councilmember 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. 03-17, IN THE AREA OF 14027 CROSSTOWN BOULEVARD NW. WHEREAS, the City Council has received a petition, dated April 3. 2003 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 Citv Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson City Council at a reqular meeting this 15th day of April Councilmembers Trude. Jacobson. Orttel. Gamache. Kniqht and adopted by the , 2003, with voting in voting favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: --;?;:?~4;:? ~~ MiChael R. Gamache - Mayor fl;t;~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 071-03 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 03-2, Woodland Creek Golf Villas. WHEREAS, pursuant to Resolution No. 040-03 , adopted by the City Council on the 4th day of March , 2003, the City Enqineer has prepared final plans and specifications for Project 03-2 for Woodland Creek Golf Villas. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 15th day of April , 2003 . 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 AM, May 13 ,2003 at the Andover City Hall. MOTION seconded by Council member Jacobson and adopted by the City Council at a regular meeting this 15th day of April , 2003 , with Council members Trude. Jacobson. Orttel. Gamache. Kniqht 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 ~ tJ;-/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 070-03 A RESOLUTION DESIGNATING NO PARKING ON BOTH SIDES ON CERTAIN STREETS LOCATED IN WOODLAND ESTATES 4TH ADDITION DEVELOPMENT. WHEREAS, thEl City Council approved the bikeway route as part of the preliminary plat at their December 17, 2002 regular meeting. WHEREAS, thE! City Council believes restricting the parking will provide a safe route for bicycles, which is recommended by AASHTO. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover that there be no parking located on both sides on the following streets: 1. 152nd Lane NW between Verdin Street NW (west side of plat) and Nightingale Street NW. 2. U~lander Street NW between the south property line of Woodland Estates 4t Addition and the end of the cul-de-sac near Lots 13 & 24, Block 3. Adopted by the City Council of the City of Andover this 15th day of April, 2003. CITY OF ANDOVER ATTEST: ~~~A~ chael R. Gamache - Mayor ay--~ {/db Victoria Volk - City Clerk_ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R069-03 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR REYNOLD N. ORSTAD TO SUBDIVIDE INTO TWO LOTS PROPERTY LOCATED AT 16034 CROSSTOWN BOULEVARD NW LEGALLY DESCRIBED AS FOLLOWS: The Northeast Quarter of the Southeast Quarter, except the north 208.00 feet of the east 520.00 feet thereof, Section 14, Township 32, Range 24, Anoka County, Minnesota. EXCEPT that part of said Northeast Quarter of the Southeast Quarter lying within the Right-of-Way ofthe Burlington Northern and Santa Fe Railroad. Subject to Anoka County Highway Right-of-Way Plat No. 20. Subject to the Right-of-Way of County Road No. 18. To be subdivided into the following parcels: PARCEL A: That part ofthe Northeast Quarter of the Southeast Quarter, Section 14, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the northeast corner thereof; thence on an assumed bearing of South along the east line thereof, a distance of208.06 feet to the south line of the north 208.00 feet thereof; thence North 88 degrees 40 minutes 45 seconds West, along said south line, a distance of 60.02 feet to the west line of the east 60.00 feet thereof and to the point of beginning of the tract of land to be described; thence on a bearing of South along said west line, a distance of 5.00 feet to the south line of the north 213.00 feet of said Northeast Quarter of the Southeast Quarter; thence North 88 degrees 40 minutes 45 seconds West, along said south line a distance of 92.09 feet; thence South 33 degrees 44 minutes 36 seconds West a distance of 174.32 feet; thence southeasterly along a non- tangential curve, concave to the southwest, having a radius of 110.00 feet and a central angle of 56 degrees 15 minutes 24 seconds, a distance of 108.01 feet, the chord of said curve bears South 28 degrees 07 minutes 42 seconds East; thence on a bearing of South, tangent to said curve, a distance of222.36 feet; thence on a bearing of West, a distance of 328.84 feet; thence South 01 degree 20 minutes 35 seconds East a distance of275.03 feet; thence North 68 degrees 10 minutes 46 seconds West a distance of 163.48 feet; thence North 64 degrees 54 minutes 58 seconds West a distance of 677.58 feet to the east right- of-way line of the Burlington Northern and Santa Fe Railroad; thence northerly along said east right-of-way line, a distance of 624.80 feet to the north line of said Northeast Quarter of the Southeast Quarter; thence South 88 degrees 40 minutes 45 seconds East, along said north line, a distance of751.12 feet to the west line ofthe east 520.00 feet thereof; thence on a bearing of South along said west line, a distance of 208.06 feet to the south line of the north 208.00 feet of said Northeast Quarter of the Southeast Quarter; thence South 88 3 degrees 40 minutes 45 seconds East along said south line a distance of 460.12 feet to the point of beginning. Subject to Anoka County Highway Right-of-Way Plat No. 20. PARCELB: That part of the Northeast Quarter of the Southeast Quarter, Section 14, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the northeast corner thereof; thence on an assumed bearing of South along the east line thereof, a distance of208.06 feet to the south line of the north 208.00 feet thereof and to the point of beginning of the tract of land to be described; thence North 88 degrees 40 minutes 45 seconds West, along said south line, a distance of 60.02 feet to the west line of the east 60.00 feet thereof; thence on a bearing of South along said west line, a distance of 5.00 feet to the south line of the north 213.00 feet of said Northeast Quarter of the Southeast Quarter; thence North 88 degrees 40 minutes 45 seconds West, along said south line a distance of 92.09 feet; thence South 33 degrees 44 minutes 36 seconds West a distance of 174.32 feet; thence southeasterly along a non-tangential curve, concave to the southwest, having a radius of 110.00 feet and a central angle of 56 degrees 15 minutes 24 seconds, a distance of 108.01 feet, the chord of said curve bears South 28 degrees 07 minutes 42 seconds East; thence on a bearing of South, tangent to said curve, a distance of222.36 feet; thence on a bearing of West, a distance of 328.84 feet; thence South 01 degree 20 minutes 35 seconds East a distance of275.03 feet; thence North 68 degrees 10 minutes 46 seconds West a distance of 163.48 feet; thence North 64 degrees 54 minutes 58 seconds West a distance of 677.58 feet to the east right-of-way line of the Burlington Northern and Santa Fe Railroad; thence southerly along said east right-of-way line, a distance of 698.80 feet to the south line of said Northeast Quarter of the Southeast Quarter; thence South 88 degrees 27 minutes 56 seconds East along said south line, a distance of 1247.23 feet to the southeast corner thereof; thence on a bearing of North along the east line thereof a distance of 1120.76 feet to the point of beginning. Subject to the Right-of-Way of County Road No. 18. WHEREAS, Reynold N. Orstad has requested approval of a lot split to subdivide property pursuant to Ordinance No. 40, located at 16034 Crosstown Boulevard NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8 and 40; 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. 4 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 lot split shall be 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 first day of April, 2003. CITY OF ANDOVER ATTEST: ~//?c4~ rMike Gamache, Mayor ~tJ~ Victoria V olk, City Clerk 5 :l[~:JD 4!;) ':l[lo 11. U!lOl0!1I. '7/IJ r::r(/ :J.sall.V ~aIl.OaNV dO AJ.I;) . som; l!~dV JO AUP lS I S!lfl UO ~:JAOpUV JO Al);) :J1fI JO l!:lunO;) 4!;) :Jql Aq p:JldopV '4I:JdOld :l[.rnd OW! A\OUI Ol :JsU:J:J SlUll:J!Iddu :JlflwqJ. '9 'p:JAOUI:J~ :Jq s:J!.l11punoq 4I:Jdo~d lS1l:Jqlnos PUllls:JA\lfInos :Jlfl lluolu lU:JUI:JSU:J 4!l!ln pUll :Jlluu!13.1p :J1fI uodn llU!{puo~:Ju:J nUA\ llU!U!Ul:J~ llU!lS!X:J :Jql]o uop.lOd :JlflwqJ. . . ~ 'uo!lnlos:J~ S!1fI JO :Jsu:JI:J~ Ol ~o!~d '4!:J :J1fI Aq p:JUIlguO:J :Jq Ol S:J:JUllU!PlO :Jjqu:J!Iddu qllA\ UIlOJUO:J. Ol p:JAOUI:J~ :Jq S:J!l puo~l!u~ qllA\ u:Jp.rnll U pUll ':Jsnoqp~!q 'p:Jqs U llU!pnl:JU! 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P~lllOllA ~q OllU~W~Sll~ Al!Ipn pUll ~jjllU!lllP ~quo UO!llod lllql 'SVffiI3JI.A\ :pun '!l\N 'N1 '1l9vI VS6S lU 4r~dOld uo P~lllooI lU~UI~SU~ Al!I!ln pun ~jjulI!Ulp II JO uO!jlod U ~lUOUA Ol p~ls~nb~l ~Auq Zj.IIl)l UI!)! pun }(lUW 'SVffiItrHA\. 'UlOS~Ull!W 'A:luno:) ll}{OUV' '~){u1 puno""1I JO SMOpU~W 'I }{ooIEI 'zz lOl :SV atlElnI:)Stra A 11VDtl1 (l~OO €l vll€ 6l :NId)!l\N '3:NV1 '1l9vI VS6S IV atrlV:)Ol AI""1ItldO""1Id NO atllV:)OllNtlWtrSVtl Almlfl aNY tlDVNIV1Ia tlHI dO NOIl""1IOd V trl V:)V A OllNtlWtlSVtl dO NOll V:)V A V DNIIN\11ID NOllfl10SffiI V SO-890 'ON 'SffiI VIOStlNNIW dO trlVIS V)lONY dO AINflO:) ""1ItlAOaNY dO All:) MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 067-03 Kniqht to adopt the following: A RESOLUTION TERMINATING PROJECT NO. 02-16. QUICKSTROM ADDITION. WHEREAS, Resolution No. 029-03 of the City Council adopted on the _ ~day of February ,2003, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 151 day of April ,2003; 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 terminate Project No. 02-16. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this L day of April ,2003 ,with Councilmembers Trude, Jacobson. Ortlel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ {/,&/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R066-03 A RESOLUTION APPROVING THE FINAL PLAT OF "MAPLE HOLLOW" AS BEING DEVELOPED BY MARK TIBBETTS LOCATED IN THE IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: The West 660.00 feet ofthe Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota; which lies westerly of Crane Street NW and Northerly of Block 1 of Chesterton Commons North Second Addition, except that part platted as 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 "Maple Hollow"; and WHEREAS, the Developer has presented the final plat of Maple Hollow; 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 Maple Hollow 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 fees shall be paid in the amount of $10,200. 7. Trail fees shall be paid in the amount of $2,472. Adopted by the City Council of the City of Andover this 1 st day of April, 2003. A T!l'$T: 1/ /II !.~U~ Victoria Volk, City Clerk CITY OF ANDOVER ~Rd~ Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 065-03 A RESOLUTION APPROVING THE FINAL PLAT OF "SHADY OAK COVE" AS BEING DEVELOPED BY PENTA MANAGEMENT GROUP LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: The south 384.90 feet of the north 854.90 feet of the west 660.00 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32 North, Range 24 West, Anoka County, Minnesota and the north 470.00 feet of the west 660.00 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32 north, Range 24 west, Anoka County, Minnesota. Except the west 25.00 feet thereof taken for road purposes as evidence by Final Certificate . recorded as Document No. 788086. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Shady Oak Cove"; and WHEREAS, the Developer has presented the [mal plat of Shady Oak Cove; 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 Shady Oak 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 fees shall be paid in the amount of $27,200. 7. Trail fees shall be paid in the amount of $6,592. Adopted by the City Council of the City of Andover this 1 st day of April, 2003. CITY OF ANDOVER ATTEST: iLt;:, ~ (J,/// Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 064-03 MOTION by Councilmember Trude 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. 03-16, IN THE AREA OF 16060 CROSSTOWN BOULEVARD NW. WHEREAS, the City Council has received a petition, dated March 14. 2003 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 Enqineer and he is instructed to provide the City Council with a feasibility report. and adopted by the , 2003, with voting in voting MOTION seconded by Councilmember Jacobson City Council at a reqular meeting this 1st day of April Councilmembers Trude. Jacobson. Orttel. Kniqht. Gamache favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~{)b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 063-03 MOTION by Councilmember 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. 03-14, IN THE AREA OF 13752 ROUND LAKE BOULEVARD NW. WHEREAS, the City Council has received a petition, dated March 12. 2003 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 Enoineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reoular meeting this 151 day of April , 2003, with Councilmembers Trude, Jacobson. Orttel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~;7d-L Ichael R. Gamache - Mayor /L;t~ fll'h Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062-03 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-49 , WOODLAND ESTATES 4TH ADDITION. WHEREAS, pursuant to Resolution No. 035-03, adopted by the City Council on the 18th day of February ,2003, TKDA has prepared final plans and specifications for Project 02-49 for Woodland Estates 4th Addition. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1st day of April , 2003 . 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 ,2003 at the Andover City Hall. MOTION seconded by Council member Jacobson and adopted by the City Council at a reQular meeting this ~ day of April , 2003 , with Council members Trude. Jacobson. Orttel. Kniaht. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: '7,;;4~~t?-' Michael R. Gamache - Mayor ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 061-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 03-4 ,FOR 2003 SEAL COATING . WHEREAS, pursuant to Resolution No. 022-03 , adopted by the City Council on the 41h day of Februarv ,2003, the City Enqineer has prepared final plans and specifications for Project 03-4 for 2003 Seal Coatinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1st day of April . 2003 . 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 23 , 2003 at the Andover City Hall. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 1st day of April , 2003 , with Councilmembers Trude. Jacobson. Orttel. Kniqht. Gamache voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: ~/" ~ Ichael R. Gamache - Mayor ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 060-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 03-3 ,FOR 2003 CRACK SEALING . WHEREAS, pursuant to Resolution No. 021-03 , adopted by the City Council on the 4th day of Februarv ,2003, the City EnQineer has prepared final plans and specifications for Project 03-3 for 2003 Crack Sealino . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 151 day of April ,2003. 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: 15 a.m. ,April 23 , 2003 at the Andover City Hall. MOTION seconded by Council member Jacobson and adopted by the City Council at a reoular meeting this 151 day of April ,2003 , with Councilmembers Trude. Jacobson. Orttel. Knioht. Gamache voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: ,! ~~~ Ichael R. Gamache - Mayor a3A.:"'- d.J!L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 059-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 03-6 ,FOR 2003 OVERLAYS . WHEREAS, pursuant to Resolution No. 023-03 , adopted by the City Council on the 4th day of February ,2003, the City Enqineer has prepared final plans and specifications for Project 03-6 for 2003 Overlavs . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1st day of April , 2003 . 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. April 23 , 2003 at the Andover City Hall. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 1st day of April , 2003 , with Councilmembers Trude, Jacobson, Orttel. Knight. Gamache voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: ~tJ# Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 058-03 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-43 , SUNSHINE PARK SOCCER FIELD LIGHTING . WHEREAS, pursuant to Resolution No. 007-03 , adopted by the City Council on the 21st day of January ,2003, Wunderlich-Malec has prepared final plans and specifications for Project 02-43 for Sunshine Park Soccer Field Liohtino. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1 st day of April , 2003 . 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., April 28 ,2003 at the Andover City Hall. MOTION seconded by Council member Jacobson and adopted by the City Council at a reqular meeting this ~ day of April , 2003 , with Council members Trude. Jacobson. Orttel. Kniqht. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f1~ ()$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 057-03 MOTION by Councilmember Trude 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 Incorne 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 reimbursernent 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 adopt 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 rnade 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 rnade 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. Budqetarv 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. FilinQ. 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 reievant 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 Ortlel and adopted by the City Council of the City of Andover on this 18th day of March. 2003 with Councilmembers Jacobsen. Kniaht. OrUel. Gamache. Trude voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~~R~ ~ . a~1 . Ganiac ~rlyo ~dw Victoria Volk - City Clerk EXHIBIT A Project Descriptions: Andover Community Center Project $12,000,000 -$14,000,000 Estimated cost CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 056-03 A RESOLUTION CALLING ON THE MINNESOTA LEGISLATURE TO PRESERVE LOCAL GOVERNMENT CONTROL WHEREAS, the State of Minnesota is faced with a budget deficit in excess of $4 billion for the 2004- 05 biennium; WHEREAS, reductions in aids to local governments will be part of the state's budget balancing efforts; and WHEREAS, local governments in Minnesota operate on a calendar year budget, have already certified their property tax levies for 2003, and have budgeted for LGA payments and market value homestead credit reimbursements as certified by the Department of Revenue; and WHEREAS, local Mayors and City Councilmembers have been elected by the people and are directly accountable to those people for local government operations; and WHEREAS, local elected officials are closest to the people and possess an in-depth knowledge of local conditions, concerns and priorities; and WHEREAS, state mandates and legislative restrictions on local government erode our system of democracy, undermine local elected official authority and accountability and restricts local government ability to respond to changing community circumstances; and WHEREAS, the challenge of balancing local budgets while maintaining valuable public services will require innovation, responsiveness to unique constituent needs and flexibility at the local level. NOW, THEREFORE, BE IT RESOLVED, that the City of Andover calls on the Minnesota Legislature to NOT enact mandatory levy limits, levy freezes, local government salary freezes, restrictions on employee pension or health insurance contributions, reverse referendum requirements, restrictions on local government debt issuance or any other limitation on local governments' ability to respond to the loss of state aids in a manner that best reflects the challenges and service priorities of their individual communities. Adopted by the City Council of the City of Andover, Minnesota this l.!lday of Mlrch ,2003. ~tJ~ CITY OF ANDOVER /~4?.da. ~ Michael R. Gamache - Mayor ATTEST: Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 055-03 A RESOLUTION APPROVING THE VARIANCE REQUEST FOR NORTHERN NATURAL GAS TO REDUCE THE FRONT YARD SETBACK TO 16 FEET ON PROPERTY LOCATED AT 4517 VALLEY DRIVE, NW (PIN: 183224420001) LEGALLY DESCRIBED AS; That part of the West Half of the Southeast Quarter of Section 18, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at the southwest corner of said West Half of the Southeast Quarter; thence North 00 degrees 16 minutes 24 seconds West assumed bearing along the west line of said West Half of the Southeast Quarter a distance of 1430.74 feet; thence North 86 degrees 54 minutes 10 seconds East a distance of 86.16 feet to a found right-of-way monument, said monument being the intersection of the easterly right-of-way line of Anoka County Right-of-Way Plat No.4 (aka C.S.A.H. No.7) and the northerly line of Anoka County Highway Right-of-Way Plat No. 45 (aka County Road No. 58); thence continue North 86 degrees 54 minutes 10 seconds East along said northerly right-of-way line of Anoka County Highway Right-of-Way Plat No. 45 a distance of 80.98 feet to the point of beginning; thence North 03 degrees 05 minutes 50 seconds West a distance of 40.00 feet; thence North 86 degrees 54 minutes 10 seconds East a distance of 60.00 feet; thence South 03 degrees 05 minutes 50 seconds East a distance of 40.00 feet to said northerly right-of-way line of Anoka County Highway Right-of- Way Plat No. 45; thence South 86 degrees 54 minutes 10 seconds West along last said right-of-way line a distance of 60.00 feet to the point of beginning. WHEREAS, Northern Natural Gas has petitioned to vary from the building setback requirements of Ordinance 8, Section 6.02 for property located at 4517 Valley Drive NW, and: WHEREAS, the City Council finds that the special circumstances for the structure setback on the subject property are as follows: 1. The structure is needed to allow the applicant to conform with federal requirements to odorize the natural gas pipeline. 2. The existing easement will not allow the location of the proposed structure to comply with the setback requirements. 3. The applicant has explored all other feasible options to locate the structure on the property. WHEREAS, the City Council finds that the special circumstances for the variance to the fence requirements on the subject property are as follows: 1. The City Council also authorizes a variance to the Zoning Ordinance's fencing requirements (section 4.21) to allow the use of barbed wire at the top of the chain link fence, based on security and safety reasons, not to exceed (8) feet in total height, and: WHEREAS, the City Council finds that the proposal will not have an adverse affect on the health, safety, or welfare of the public: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a front yard setback of (16) feet and barbed wire fencing around the structure and equipment subject to the following conditions: 1. Successful completion of Commercial Site Plan process with the Andover Review Committee. 2. Issuance of a building permit for the proposed structure. 3. The applicant shall operate the facility in a manner that minimizes the impact of odor on surrounding properties. 4. Fencing around the structure and equipment shall be a maximum height of (8) feet. Adopted by the City Council of the City of Andover on this 18th day of March 2003. CITY OF ANDOVER AT:rEST: 1/ IL~~, J~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 054-03 A RESOLUTION GRANTING A VACATION OF EASEMENT TO VACATE THE ROADWAY EASEMENT LOCATED ALONG THE SOUTH THIRTY-THREE FEET OF PROPERTY LOCATED AT 17473 FLINTWOOD STREET, NW (PIN: 01 322443 0009) LEGALLY DESCRIBED AS: That part of the Southwest Quarter of the Southeast Quarter of Section I, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the southeast corner of said Southwest Quarter of the Southeast Quarter; thence on an assumed bearing of North 01 degree 12 minutes 20 seconds East along the east line of said Southwest Quarter of the Southeast Quarter a distance of 985.46 feet to the point of beginning; thence continuing North 01 degree 12 minutes 20 seconds East a distance of330.11 feet to the northeast corner of said Southwest Quarter of the Southeast Quarter; thence North 87 degrees 18 minutes 56 seconds West along the north line of said Southwest Quarter of the Southeast Quarter a distance of 653.28 feet; thence South 01 degree 02 minutes 46 seconds West a distance of330.14 feet; thence South 87 degrees 18 minutes 56 seconds East a distance of 652.36 feet to the point of beginning and there terminating. WHEREAS, Dean & Valerie Vee have requested to vacate a thirty-three foot wide roadway easement located along the south property line of property located at 17473 Flintwood St. NW, 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, a public hearing was held and there was no opposition to the request. 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 subject to the following conditions: 1. That a IO-foot drainage and utility easement will be established along the southern boarder of the property. Adopted by the City Council of the City of Andover on this 18th day of March 2003. CITY OF ANDOVER ATTEST: 'L-L r.Lt-~ ()~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R 053-03 A RESOLUTION APPROVING THE FINAL PLAT OF "AZTEC ESTATES 2ND ADDITION" BEING DEVELOPED BY HARSTAD HILLS, INC. LOCATED AT WOODBINE STREET IN SECTION 29, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: Outlot B, Aztec Estates, Anoka County, Minnesota. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Aztec Estates"; and WHEREAS, the Developer has presented the final plat of "Aztec Estates 2"d Addition; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat of "Aztec Estates". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of "Aztec Estates 2nd Addition" contingent upon the following: 1. Compliance with all conditions indicated in the preliminary plat resolution. 2. The City Attorney presenting a favorable title opinion. 3. Security to cover legal and engineering costs as determined by the City Engineer. 4. The Developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is completed, a letter from the developer's engineer stating that all lots are graded in accordance with the approved grading plan. 5. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (105% of the total costs for the improvements for the property and a contract for the improvements awarded). 6. Subject to trail easements being dedicated along with the final plat recording. 7. Subject to final review of City Stafffor compliance with City ordinances, policies, guidelines and conditions of preliminary and final plat approval. 8. 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. 9. Payment of a park dedication fee as recommended by the Park and Recreation Commission and approved by the City Council. Adopted by the City Council of the City of Andover this 18th day of March, 2003. CITY OF ANDOVER ATTEST: Ii~ ()$ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION R052-03 A RESOLUTION DECLARING A MALE BLACK LAB OWNED BY JIMMIE BATES, 412 - 1571H AVENUE NW, A DANGEROUS DOG. WHEREAS, a male black lab left its property, entered the property of another and attacked a dog causing serious injuries; and WHEREAS, due to the severity of the injuries the dog had to be euthanized; and WHEREAS, because the dog is not licensed in the city it is unknown whether it has received a rabies vaccination. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby declares the male black lab owned by Jimmie Bates of 412 - 157th Avenue NW a dangerous dog and orders the following: 1. A proper enclosure be provided for the dog; 2. A clearly visible warning sign, including a warning symbol to inform children that there is a dangerous dog on the property must be installed. 3. A surety bond or policy of liability insurance in the amount of at least $50,000 be purchased insuring the owner for any personal injuries inflicted by the dangerous dog. 4. The owner shall keep the dangerous dog in a proper enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash and under the physical restraint of a responsible person BE IT FURTHER RESOLVED, if any of the above conditions are not met or are violated 14 days after the owner has been notified of the dangerous dog declaration, the animal control officer for the City of Andover shall immediately seize the dangerous dog. Adopted by the City Council of the City of Andover this 18th day of March. 2003. Attest: CITY OF ANDOVER ~A!'d--L Michael R. Gamache, Mayor u~ OLt Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 051-03 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99-8A ,FOR MUNICIPAL WELL #8 PUMPING SYSTEM. WHEREAS, pursuant to Resolution No. 006-03 , adopted by the City Council on the 215 day of January ,2003, the firm of Bolton & Menk. Inc. has prepared final plans and specifications for Project 99-8A for Municipal Well #8 Pumpina Svstem. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of March ,2003. 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 AM April8 ,2003 at the Andover City Hall. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 18th day of March , 2003 , 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: ~;7'/~--L /J.;;t.uv ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 050-03 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-50 ,MAPLE HOLLOW . WHEREAS, pursuant to Resolution No. 038-03 , adopted by the City Council on the 4th day of March ,2003, TKDA has prepared final plans and specifications for Project 02-50 for Maple Hollow. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of March , 2003 . 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 AM, April11 ,2003 at the Andover City Hall. MOTION seconded by Council member Kniaht and adopted by the City Council at a regular meeting this 18th day of March , 2003 , with Council members Jacobson. Kniaht. 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: ~(/4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 049-03 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-48 ,SHADY OAK COVE . WHEREAS, pursuant to Resolution No. 028-03 , adopted by the City Council on the 18th day of February, 2003, TKDA has prepared final plans and specifications for Project 02-48 for Shady Oak Cove. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of March , 2003 . 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 AM ,April11 ,2003 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 March , 2003 , with Council members Jacobson. Kniaht. OrUel. Trude. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: u~ O;/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 048-03 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. 03-2 FOR SANITARY SEWER, WATERMAN STREET AND STORM SEWER IN THE FOLLOWING AREA WOODLAND CREEK GOLF VILLAS. WHEREAS, the City Council did on the 21st day of January ,2003, order the preparation of a feasibility study for the improvement: and WHEREAS, such feasibility studYt was prepared by WSB & Assoc.. Inc. and presented to the Council on the 18 h day of March , 2003 ; 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 $ 406.165.50 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 $ 406.165.50 ,waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of WSB & Assoc.. Inc. 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 $ 17.500.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reQular meeting this 18th day of March ,2003, with Councilmembers Jacobson. Kniaht. Orttel. Trude. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: iJ:d,~ tJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 047-03 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 adopt 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. Budaetarv 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. Filino. 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 Knioht and adopted by the City Council of the City of Andover on this 18th day of March. 2003 with Councilmembers Jacobsen. Knioht. Orttel. Gamache. Trude voting in favor of the resolution, and Council members None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: d;;-c;;../ (),.$ Victoria Volk - City Clerk EXHIBIT A Project Descriptions: Fire Station #3 Project $1,500,000 - $2,000,000 Estimated cost CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 046-03 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 adopt 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 Cierk 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 Councilmember Knioht and adopted by the City Council of the City of Andover on this 18th day of March, with Councilmembers Kniaht. Jacobson. Orttel. Trude. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~4?d Michael R. Gamache - Mayor ~ Ov.lb Victoria Volk - City Clerk Project Descriptions: Constance Corners Maple Hollow Woodland Creek Golf Course Villas Cityview Farms Proiect # #02-45 #02-50 #03-02 #03-05 EXHIBIT A Estimated Costs to be Reimbursed $ 1,815,000 160,600 377,060 122,372 $ 2,475,032 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R045-03 A RESOLUTION REVOKING SPECIAL USE PERMIT 88-10 PERMITTJNG THE JNSTALLATION OF GAS TANKS, MOTOR FUEL AND PROPANE TANKS TO PROHIBIT THE JNSTALLATION OF GAS TANKS, MOTOR FUEL AND PROPANE TANKS ON PROPERTY LOCATED AT 14320 CROSSTOWN BOULEVARD NW (P.I.D. 27-32-24-33- 0072) LEGALLY DESCRIBED AS: OULOT A KENSJNGTON ESTATES THIRD ADDITION, ANOKA COUNTY, MINNESOTA WHEREAS, the Planning and Zoning Commission held a public hearing to review Special Use Permit 88-10 and determined that no significant progress has been made, and; WHEREAS, the City of Andover commissioned a Neighborhood Business Study to evaluate the appropriate zoning and land use designations for undeveloped commercial properties throughout the City, and; WHEREAS, the findings of the Neighborhood Business Study indicated the following: I. The current Zoning Designation of the site and all adjacent properties is Single Family Urban Residential (R-4). 2. The site is completely surrounded by single family residential development. 3. No physical features exist that serve to provide a transition between a commercial use and the surrounding single family uses. 4. The site is located approximately one mile from the intersection of arterial roadways. 5. The Comprehensive Plan discourages commercial development away from concentrated nodes or major intersections to avoid intruding into residential areas. 6. Direct property access to minor arterial roads is to be limited except for concentrated commercial nodes, whereas this site is a single isolated property. 7. Single family residential uses have direct access to the local streets across from the site. Directing commercial traffic onto these streets would be intrusive to the established residential character of the area. WHEREAS, the Planning and Zoning Commission concurs with the findings of the Neighborhood Business Study, and; WHEREAS, tbe Planning and Zoning Commission finds tbat tbe installation of gas tanks, motor fuel and propane tanks on tbe subject property would have a detrimental effect upon tbe healtb, safety, morals, and general welfare oftbe surrounding neighborhood, and; WHEREAS, tbe Planning and Zoning Commission recommends to tbe City Council tbat Special Use Permit 88-10 be revoked, and; WHEREAS, tbe City Council agrees witb tbe recommendation oftbe Planning and Zoning Commission, and; NOW, THEREFORE, BE IT RESOLVED, tbat tbe City Council of tbe City of Andover hereby revokes Special Use Permit 88-10 to prohibit tbe installation of gas tanks, motor fuel and propane tanks on tbe subject property and to reaffirm the Single Family Urban Residential (R-4) Zoning Designation oftbe property. Adopted bytbe City Council oftbe City of Andover on this 4th day of March, 2003. CITY OF ANDOVER ';;2'5/1 ':..#/ .~q ?J.~/ ichael R. Gamache, Mayor ATTEST: (t-:t.I~' fJdL Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R044-03 A RESOLUTION AMENDING SPECIAL USE PERMIT 99-16 TO ALLOW EXPANSION OF THE CONSTANCE EVANGELICAL FREE CHURCH LOCATED AT 16150 CROSSTOWN BOULEVARD NW (P.LD. 14-32-24-14-0001,0003,0004,0005 and 0006) LEGALLY DESCRlBED IN ATTACHMENT A; WHEREAS, The Constance Free Evangelical Church has requested an amendment to Special Use Permit 99-16 to allow the expansion of the existing use of the property including a 1,100 seat auditorium, 115 parking stalls and expansion of storm water retention facilities for property located at 16150 Crosstown Boulevard NW; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, 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 applicant has requested a variance to the 100 square foot maximum sign area allowed for institutional uses in residential zoning districts provided in Ordinance 10, Section 8.07, and; WHEREAS, the Planning and Zoning Commission finds that the special circumstances for the proposed variance are as follows: 1. The 100 square foot maximum does not provide adequate signage for the subject property as a result of the following; a. Substantial setback of the structures on the property b. Limited visibility at the intersection of 161 sl Avenue and Crosstown Boulevard c. The 55 mile per hour speed limit of both adjacent roadways d. The site is a comer lot with two major entrances WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special 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 Special Use Permit to permit addition of ai, I 00 seat auditorium, 115 parking stalls and expansion of storm water retention facilities subject to the following conditions; 1. Successful completion of the Commercial Site Plan Review process with the City of Andover. 2. Including a variance to the maximum sign square footage for institutional uses in a residential zoning district to allow two existing monument signs totaling 48 square feet and two new wall signs totaling 100 square feet. 3. Screening from the new parking area to undeveloped residential property to the west shall be provided with a berm. In the event the property to the west is developed, the applicant shall be required to provide additional landscaping to conform with screening requirements in effect at that time. 4. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). Adopted by the City Council of the City of Andover on this 4th day of March, 2003. CITY OF ANDOVER -;;04- ~. <"~ AIIES]: ichael R. Gamache, Mayor /L7A:u.., if di- Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 043-03 MOTION by Council member Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-42, AZTEC ESTATES. WHEREAS, pursuant to Resolution No. 009-03 , adopted by the City Council on the 21ST day of January, 2003, SEH has prepared final plans and specifications for Project 00-42 for Aztec Estates. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of March , 2003 . 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 9 ,2003 at the Andover City Hall. MOTION seconded by Council member Kniaht and adopted by the City Council at a reoular meeting this L day of March , 2003 , with Council members Trude. Kniqht. 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: ~ ().4-- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 042-03 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 00-43. NATURES RUN. 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 1Q years. The first of the installments to be payable on or before the 15th day of April 2003, and shall bear interest at the rate of 6 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 4th day of March ,2003 with Councilmembers Trude. Kniqht. 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: /j.;;r~ ()Jb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 041-03 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 PROJECTS 98-29, GREY OAKS (PHASE I) & 00-16. GREY OAKS (PHASE 11). 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 1Q years. The first of the installments to be payable on or before the 15th day of April 2003, and shall bear interest at the rate of 6 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 4th day of March ,2003 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: /7 ~~~ G~ Ichael R. Gamache - Mayor ,~ /J,Lb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 040-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 02-47 FOR SANITARY SEWER. WATERMAN STREET AND STORM SEWER IN THE FOLLOWING AREA FOXBURGH CROSSING. WHEREAS, the City Council is cognizant of the need for the improvements; and WHEREAS, the City Council ordered the improvement of Project No. 02-47 , Foxburqh Crossinq; and NOW, THEREFORE BE IT 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 Kniqht and adopted by the City Council at a reaular meeting this 4th day of March ,2003, 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: ~t/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 039-03 MOTION by Councilmember Trude 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. 03-5 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA CITY VIEW FARM. WHEREAS, the City Council did on the 21st day of January ,2003, 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 4th day of March , 2003 ; 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 $ 111,247.32 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 $ 111.247.32 ,waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the...Qj!y 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 $ 5.500.00 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 reaular meeting this 4th day of March, 2003 , with Councilmembers Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER ~/~~~ Ichael R. Gamache - Mayor a~~ {/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 038-03 MOTION by Councilmember Trude 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. 02-50 FOR SANITARY SEWER, WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA MAPLE HOLLOW. WHEREAS, the City Council did on the ih day of January ,2003, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibili!{; study was prepared by TKDA and presented to the Council on the 4 h day of March , 2003 ; 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 $ 146.021.00 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 $ 146.021.00 ,waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby require the developer to escrow for the sum of $ 5.000.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reaular meeting this 4th day of March ,2003, with Councilmembers Trude. Kniqht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I~O~ Victoria Volk - City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER,Mll{NESOTA HELD: February 18,2003 Pursuant to due call and notice tbereof, 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 18th day of February, 2003, at1+OO0'clock ..l'...M., for the purpose, in part, of authorizing the issuance of, and awarding the sale of, $394,000 General Obligation Equipment Certificates, Series 2003 oftbe City. The following members were present: Don Jacobson, Ken Orttel, Michael Gamache, Julie Trude and the following were absent: Mike Knight Member Jacobson introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $394,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERlES 2003, AND LEVYING A TAX FOR THE PAYMENT THEREOF Resolution R037-03 A. WHEREAS, the City Council of the City of Andover, Minnesota (tbe "City"), has heretofore determined and declared tbat it is necessary and expedient to issue $394,000 General Obligation Equipment Certificates, Series 2003 (the "Certificates") ofthe City, pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, for tbe purpose of providing money to finance the acquisition of certain capital equipment for the City (tbe "Equipment"); and B. WHEREAS, the Equipment has an expected useful life at least as long as tbe final maturity ofthe Certificates; and C. WHEREAS, tbe amount of the Certificates to be issued does not exceed one- quarter of one percent (0.25%) of the market value of the taxable property in the City; and D. WHEREAS, the Certificates are being sold pursuant to a private sale as permitted by Minnesota Statutes, Sections 412.301 and 475.60, Subdivision 2(1); and 1500674v1 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Offer. The offer of First Regions Bank (the "Purchaser"), to purchase the Certificates of the City (or individually, a "Certificate"), in accordance with the terms established therefor and at the rates of interest hereinafter set forth, and to pay therefor the sum of par, is hereby accepted. 2. Title: Original Issue Date: Denominations: Maturities. The Certificates shall be titled "General Obligation Equipment Certificates, Series 2003", shall be dated the date of delivery, as the date of original issue and shall be issued forthwith on or after such date as fully registered certificates. The Certificates shall be numbered from R-l upward in the denomination of$I,OOO each or in any integral multiple thereofofa single maturity. The Certificates shall mature on December I and June 1 in the years and amounts as follows: Year Year Amount Amount December, 2003 $194,000 June, 2004 $200,000 3. Pumose. The Certificates shall provide funds for the Equipment. The total cost of the Equipment, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Certificates herein authorized. 4. Interest. The Certificates shall bear interest payable semiannually on June I and December I of each year (each, an "Interest Payment Date"), commencing December I, 2003, 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: Maturity Year Interest Rate 2003 2004 1.50% 1.75 5. Redemption. All Certificates shall be subject to redemption and prepayment at the option of the City on any date at a price of par plus accrued interest. Redemption may be in whole or in part. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Certificates having a common maturity date are called for prepayment, the specific Certificates to be prepaid shall be chosen by lot by the Certificate Registrar. Certificates or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent (if other than the City) and to each affected registered holder of the Certificates. t500674vl 2 To effect a partial redemption of Certificates having a common maturity date, the Certificate Registrar prior to giving notice of redemption shall assign to each Certificate having a common maturity date a distinctive number for each $1,000 of the principal amount of such Certificate. The Certificate Registrar shall tben select by lot, using such method of selection as it shaH deem proper in its discretion, from the numbers so assigned to such Certificates, as many numbers as, at $1,000 for each number, shall equal the principal amount of such Certificates to be redeemed. The Certificates to be redeemed shall be the Certificates to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Certificate ofa denomination of more tban $1,000 shall be redeemed as shall equal $1,000 for each number assigned to it and so selected. If a Certificate is to be redeemed only in part, it shaH be surrendered to tbe Certificate Registrar (with, if the City or Certificate Registrar so requires, a written instrument of transfer in form satisfactory to the City and Certificate Registrar duly executed by the holder tbereof or his, her or its attorney duly autborized in writing) and tbe City shaH execute (if necessary) and the Certificate Registrar shall deliver to tbe Holder of such Certificate, without service charge, a new Certificate or Certificates of the same series having the same stated maturity and interest rate and of any autborized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for tbe unredeemed portion of the principal of the Certificate so surrendered. 6. Certificate Registrar. The Finance Director of the City, is appointed to act as certificate registrar and transfer agent witb respect to tbe Certificates (tbe "Certificate Registrar"), and shall do so unless and until a successor Certificate Registrar is duly appointed. Any successor Certificate Registrar shall act as certificate registrar and transfer agent pursuant to any contract the City and successor certificate registrar shall execute which is consistent herewith. The Certificate Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on tbe Certificates shall be paid to tbe registered holders (or record holders) of the Certificates in the manner set forth in tbe form of Certificate and paragraph 12 of this resolution. 7. Form of Certificate. The Certificates, together with the Certificate of Registration, the Register of Partial Payments, the form of Assignment and tbe registration information thereon, shall be in substantially tbe following form: 1500674vl 3 UNITED STATES OF AMERlCA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION EQUlPMENT CERTIFICATE, SERlES 2003 INTEREST RATE MATURlTY DATE DATE OF ORlGINAL ISSUE ,2003 % REGISTERED OWNER: FIRST REGIONS BANK PRlNCIP AL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that 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, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on June I and December I of each year (each, an "Interest Payment Date"), commencing December I, 2003, at the rate per annum 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 Certificate 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 Certificate are payable upon presentation and surrender hereof by the Finance Director of the City of Andover, Minnesota (the "Certificate Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Certificate is registered (the "Holder" or "Certificateholder") on the registration books of the Issuer maintained by the Certificate Registrar and at the address appearing thereon at the close of business on the fifteen 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 ofthe 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 Certificate Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Certificateholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Certificate are payable in lawful money of the United States of America. Redemption. All Certificates of this issue (the "Certificates") are subject to redemption and prepayment at the option of the Issuer on any date at a price of par plus accrued 1500674vt 4 interest. Redemption may be in whole or in part. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Certificates having a common maturity date are called for prepayment, the specific Certificates to be prepaid shall be chosen by lot by the Certificate Registrar. Certificates or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent (if other than the Issuer) and to each affected Holder of the Certificates. Selection of Certificates for Redemption; Partial Redemption. To effect a partial redemption of Certificates having a common maturity date, the Certificate Registrar shall assign to each Certificate having a common maturity date a distinctive number for each $1,000 of the principal amount of such Certificate. The Certificate 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 Certificates, as many numbers as, at $1,000 for each number, shall equal the principal amount of such Certificates to be redeemed. The Certificates to be redeemed shall be the Certificates to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Certificate of a denomination of more than $1,000 shall be redeemed as shall equal $1,000 for each number assigned to it and so selected. If a Certificate is to be redeemed only in part, it shall be surrendered to the Certificate Registrar (with, if the Issuer or Certificate Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Certificate Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Certificate Registrar shall deliver to the Holder of such Certificate, without service charge, a new Certificate or Certificates of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Certificate so surrendered. Issuance; Purpose; General Obligation. This Certificate is one of an issue in the total principal amount of $394,000, all oflike date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Certificate has been 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 of the Issuer on February 18, 2003 (the "Resolution"), for the purpose of providing money to finance the acquisition of certain capital equipment for the Issuer. This Certificate is payable out of the General Obligation Equipment Certificates, Series 2003 Fund of the Issuer. This Certificate constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full 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. Denominations; Exchange; Resolution. The Certificates are issuable solely as fully registered certificates in the denominations of $1 ,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Certificates of other authorized denominations in equal aggregate principal amounts at the principal office of the Certificate Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the t500674vt 5 Certificate Registrar. Copies of the Resolution are on file in the principal office ofthe Certificate Registrar. Transfer. This Certificate is transferable by tbe Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Certificate Registrar upon presentation and surrender hereof to the Certificate Registrar, all subject to the terms and conditions provided in tbe Resolution and to reasonable regulations of tbe Issuer contained in any agreement witb the Certificate Registrar. Thereupon the Issuer shall execute and tbe Certificate Registrar shall deliver, in exchange for this Certificate, one or more new fully registered Certificates in tbe name of the transferee (but not registered in blank or to "bearer" or similar designation), of an autborized denomination or denominations, in aggregate principal amount equal to tbe principal amount of this Certificate, of the same maturity and bearing interest at tbe same rate. Fees upon Transfer or Loss. The Certificate Registrar may require payment of a sum sufficient to cover any tax or otber governmental charge payable in connection witb tbe transfer or exchange of this Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment of Registered Owners. The Issuer and Certificate Registrar may treat the person in whose name this Certificate is registered as tbe owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided above witb respect to the Record Date) and for all other purposes, whetber or not tbis Certificate shall be overdue, and neither the Issuer nor the Certificate Registrar shall be affected by notice to the contrary. Oualified Tax-Exempt Obligation. This Certificate has been designated by tbe Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED tbat all acts, conditions and tbings required by tbe Constitution and laws oftbe State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance oftbis Certificate, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that tbis Certificate, together with all otber 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. t500674vl 6 IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Certificate to be executed on its behalf by the manual signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: ,2003 Registrable by: THE FINANCE DIRECTOR OF THE CITY OF ANDOVER, MINNESOTA Payable at: OFFICE OF THE FINANCE DIRECTOR OF THE CITY OF ANDOVER, MINNESOTA CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA ;:7~~/1~ Ma r ~ tJ& Clerk 1500674vl 7 CERTIFICATE OF REGISTRATION The transfer of ownership of the principal amount of the attached Certificate may be made only by tbe registered owner or his, her or its legal representative last noted below. DATE OF REGISTRATION REGISTERED OWNER SIGNATURE OF CERTIFICATE REGISTRAR First Regions Bank .2003 1500674vt 8 REGISTER OF PARTIAL PAYMENTS The installment of principal amount of tbe attached Certificate has been prepaid on tbe dates and in tbe amounts noted below: DATE AMOUNT SIGNATURE OF CERTIFICATE HOLDER SIGNATURE OF CERTIFICATE REGISTRAR If a notation is made on this register, such notation has tbe effect stated in the attached Certificate. Partial payments do not require tbe presentation of the attached Certificate to tbe Certificate Registrar, and a Holder could fail to note the partial payment here. tS00674vt 9 ABBREVIA nONS The following abbreviations, when used in the inscription on the face of this Certificate, 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) under the (Minor) Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 1500674vl 10 ASSIGNMENT Por value received, the undersigned hereby sells, assigns and transfers unto the within Certificate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Certificate 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 CPR 240.17 Ad-15(a)(2). The Certificate Registrar will not effect transfer of this Certificate unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Certificate is held by joint account.) 1500674vl 11 8. Execution: Certificates. The Certificates shall be executed on behalf of the City by the manual signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that tbe seal oftbe City may be a printed facsimile; and provided further tbat the corporate seal may be omitted on the Certificates as permitted by law. In the event of disability or resignation or other absence of either such officer, the Certificates may be signed by tbe manual signature of tbat officer who may act on behalf of such absent or disabled officer. In case eitber such officer whose signature shall appear on the Certificates shall cease to be such officer before the delivery oftbe Certificates, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed certificates, one or more typewritten certificates in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single certificate. 9. Date of Registration. The Certificate Registrar shall insert as a date of registration tbe date of original issue, which date is March 11, 2003. 10. Registration: Transfer: Exchange. The City will cause to be kept at the principal office oftbe Certificate Registrar a certificate register in which, subject to such reasonable regulations as the Certificate Registrar may prescribe (if other than the City), the Certificate Registrar shall provide for tbe registration of Certificates and the registration of transfers of Certificates entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Certificate at tbe principal office of the Certificate Registrar, tbe City shall execute (if necessary), and the Certificate Registrar shall insert tbe date of registration (as provided in paragraph 9) of, and deliver, in the name oftbe designated transferee or transferees, one or more new Certificates of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Certificate may be registered in blank or in tbe name of "bearer" or similar designation. At the option of the Holder, Certificates may be exchanged for Certificates of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender of the Certificates to be exchanged at tbe principal office ofthe Certificate Registrar. Whenever any Certificates are so surrendered for exchange, tbe City shall execute (if necessary), and tbe Certificate Registrar shall insert the date of registration of, and deliver tbe Certificates which the Holder making the exchange is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Certificate Registrar and thereafter disposed of as directed by tbe City. All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing tbe same debt, and entitled to the same benefits under tbis resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the 1500674vt 12 Certificate Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Certificate 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 Certificate and any legal or unusual costs regarding transfers and lost Certificates. Transfers shall also be subject to reasonable regulations ofthe City contained in any agreement with the Certificate Registrar (if other than the City), including regulations which permit the Certificate Registrar to close its transfer books between record dates and payment dates. II. Rights Upon Transfer or Exchange. Each Certificate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall cany all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 12. Interest Pavrnent: Record Date. Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder") on the registration books of the City maintained by the Certificate Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day ofthe 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 Certificate Registrar whenever money becomes available for payment of the defaulted interest. Notice ofthe Special Record Date shall be given by the Certificate Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Certificate Registrar may treat the person in whose name any Certificate is registered as the owner of such Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Certificate and for all other purposes whatsoever whether or not such Certificate shall be overdue, and neither the City nor the Certificate Registrar shall be affected by notice to the contrary. 14. Deliverv: Application of Proceeds. The Certificates when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt ofthe purchase price, and the Purchaser shall 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 Equipment Certificates, Series 2003 Fund" (the "Fund") to be administered and maintained by the Finance Director 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 Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Capital Account" and "Debt Service Account", respectively. 1500674vt 13 (a) Capital Account. To the Capital Account there shall be credited tbe proceeds of tbe sale of tbe Certificates, less accrued interest received tbereon. From the Capital Account there shall be paid all costs and expenses of acquiring the Equipment, including tbe cost of any purchase contracts heretofore let and all otber costs incurred and to be incurred oftbe kind authorized in Minnesota Statutes, Section 475.65; and tbe moneys in said account shall be used for no otber purpose except as otberwise provided by law; provided that tbe proceeds of the Certificates may also be used to tbe extent necessary to pay interest on the Certificates due prior to tbe anticipated date of commencement ofthe collection of taxes herein levied. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, tbe Debt Service Account: (i) all accrued interest received upon delivery of the Certificates; (ii) on or before May 15,2004, City moneys in tbe amount of$387 500 00 for the payment of principal and interest on the Certificates on June I, 2004; (Hi) any collections of all taxes herein or hereafter levied for the payment oftbe Certificates and interest tbereon; (iv) all funds remaining in tbe Capital Account after acquisition of the Equipment and payment of the costs tbereof; (iv) all investment earnings on funds held in the Debt Service Account; and (v) any and all other moneys which are properly available and are appropriated by the governing body of tbe City to tbe Debt Service Account. The Debt Service Account shall be used solely to pay tbe principal and interest and any premiums for redemption of the Certificates and any other general obligation bonds oftbe City hereafter issued by tbe City and made payable from said account as provided by law. No portion of the proceeds of the Certificates 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 tbe purpose for which tbe Certificates were issued and (2) in addition to the above in an amount not greater tban the lesser of five percent (5%) of the proceeds of tbe Certificates or $100,000. To this effect, any proceeds oftbe Certificates and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on tbe certificates payable therefrom) in excess of amounts which under tben-applicable federal arbitrage regulations may be invested . witbout 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 tbe 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 tbe extent that such investment would cause tbe Certificates to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Levv: Coverage Test. To provide moneys for payment of tbe principal and interest on the Certificates 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 witb and as part of other general property taxes in the City for the years and in the amounts as follows: 1500674vl 14 Year of Tax ~ Year of Tax Collection Amount 2003 2004 $201,750.00 The City has heretofore levied $200,000 for payment of the principal and interest on the Bonds in 2003, a direct 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. The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Certificates, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Certificates shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Certificate Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Certificate 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 Certificates called for redemption on any date when they are prepayable according to their terms, by depositing with the Certificate Registrar on or before that date a sum sufficient for the payment thereof in fun, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Certificates, 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. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Certificates, being those portions thereof which will be used by the City to reimburse itselffor any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment ofa Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or 1500674v1 15 will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itselffor the payment oftbe Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description ofthe property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of tbe City and the general functional purpose tbereof 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 tbe aggregate do not exceed 20% of the "issue price" of the Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess oftbe lesser of$100,000 or 5% of the proceeds ofthe Certificates. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of tbe Certificates or any of the otber types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in tbe Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwitb following (but not prior to) tbe issuance of the Certificates and in all events within the period ending on the date which is tbe later of 18 months after payment of the Reimbursement Expenditure or one year after the date.on which tbe Project to which tbe Reimbursement Expenditure relates is first placed in service, but not more tban tbree years after tbe date of the Reimbursement Expenditure. (d) Each such reimbursement allocation will be made in a writing tbat evidences the City's use of Certificate proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Certificates are issued, shall be treated as made on the day tbe Certificates are issued. Provided, however, that tbe City may take action contrary to any oftbe foregoing covenants in this paragraph 18 upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect tbat such action will not impair the tax-exempt status of the Certificates. 19. General Obligation Pledge. For tbe prompt and full payment of the principal and interest on the Certificates, as tbe same respectively become due, tbe full faith, credit and taxing powers oftbe City shall be and are hereby irrevocably pledged. Iftbe balance in tbe Debt Service Account is ever insufficient to pay all principal and interest tben due on tbe Certificates and any otber certificates payable therefrom, the deficiency shall be promptly paid out of any other funds oftbe City which are available for such purpose, and such other funds may be reimbursed witb or witbout interest from the Debt Service Account when a sufficient balance is available therein. 1500674v1 16 20. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with tbe County Auditor of Anoka County, Minnesota, together witb such other information as he or she shall require, and to obtain tbe County Auditor's certificate tbat tbe Certificates have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 21. Records and Certificates. The officers of tbe City are hereby autborized and directed to prepare and furnish to the Purchaser, and to tbe attorneys approving tbe legality of the issuance of tbe Certificates, certified copies of all proceedings and records of the City relating to the Certificates and to the financial condition and affairs of the City, and such otber affidavits, certificates and information as are required to show tbe facts relating to the legality and marketability of the Certificates as the same appear from tbe books and records under tbeir custody and control or as otberwise known to tbem, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited tberein. 22. Negative Covenant as to Use of Proceeds and Eauioment. The City hereby covenants not to use the proceeds of the Certificates or to use tbe Equipment, or to cause or permit tbem to be used, or to enter into any deferred payment arrangements for the cost of tbe Equipment, in such a manner as to cause the Certificates to be "private activity bonds" witbin tbe meaning of Sections 103 and 141 tbrough 150 oftbe Code. 23. Tax-Exemot Status oftbe Certificates; Rebate. The City shall comply with requirements necessary under tbe Code to establish and maintain the exclusion from gross income under Section 103 ofthe Code of the interest on the Certificates, including witbout limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than tbe yield on tbe Certificates, and (3) the rebate of excess investment earnings to tbe United States iftbe Certificates (togetber with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed tbe small-issuer exception amount of $5,000,000. For purposes of qualifYing for tbe exception to tbe federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (I) the Certificates are issued by a governmental unit witb general taxing powers, (2) no Certificate is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Certificates are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within tbe jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (otber tban private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which tbe Certificates are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section l48(f)(4)(D) of the Code. 24. Designation of Oualified Tax-Exemot Obligations. In order to qualifY tbe Certificates as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) oftbe Code, tbe City hereby makes the following factual statements and representations: 1500674vl 17 (a) tbe Certificates are issued after August 7, 1986; (b) the Certificates are not "private activity bonds" as defined in Section 141 of the Code; (c) tbe City hereby designates the Certificates as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) oftbe Code; (d) tbe reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2003 will not exceed $10,000,000; and (e) not more tban $10,000,000 of obligations issued by the City during this calendar year 2003 have been designated for purposes of Section 265(b )(3) of the Code. The City shall use its best efforts to comply witb any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 25. Severability. 1fany section, paragraph or provision oftbis resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 26. Headings. Headings in tbis 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 'l'rnn.. and, after a full discussion thereof and upon a vote being taken thereon, tbe following voted in favor thereof: Jacobson, Orttel, Gamache, Trude, Kn~ght (absent) and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 1500674vl 18 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 of said City, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of, and awarding the sale of, $394,000 General Obligation Equipment Certificates, Series 2003 of said City. WITNESS my hand this 18th day of February, 2003. f1;;-fti.., !la Clerk 1500674v1 19 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 036-03 A RESOLUTION APPROVING A 40 MPH SPEED LIMIT ALONG ANDOVER BOULEVARD NW BETWEEN CROSSTOWN BOULEVARD NW AND A POINT APPROOXIMA TE4L Y 2,450 FEET WEST OF CROSSTOWN BOULEVARD NW. WHEREAS, 40 MPH speed limit signs contingent upon curves and hazards being signed with the appropriate advance curve and warming signs, including appropriate speed advisory plates, in accordance with the Minnesota Manual on Uniform Traffic Control Devices; and WHEREAS, MnDOT has given authorization to lower the speed limit to 40 MPH; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the 40 MPH speed limit be posted along Andover Boulevard NW between Crosstown Boulevard NW and a point approximately 2,450 feet west of Crosstown Boulevard NW. Adopted by the City Council of the City of Andover this 18th February, 2003. day of CITY OF ANDOVER ATTEST: d~ tJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 035-03 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. 02-49 FOR SANITARY SEWER. WATERMAIN. STREET. SIDEWALKS. TRAILS AND STORM SEWER IN THE FOLLOWING AREA WOODLAND ESTATES 41H ADDITION. WHEREAS, the City Council did on the 1ih day of December ,2002, 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 18th day of February , 2003 ; 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 $ 1.910,052.00 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 $ 1.910.052.00 and waive the Public Hearing. 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 $ 75.000.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Council member Trude and adopted by the City Council at a reaular meeting this 18th day of February ,2003, with Councilmembers Trude, OrtteL Kniaht. Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~"W4?~ Mi ael R. Gamac - ay ~ 0,& Victoria Volk - City Clerk Resolution R034-03 Cel L1ficate of Corporate Secreta\" Brokerage Account and Trading Resolutions DOC CODE 076. . --. I, Vieteria '.'ell, . bei~g the Secretary of e.~l:.::I O~ f\ndove.(' . duly organized and validly existing under the laws of M.C'\ne.~o.. . and having a principal. place of business at I"'~ r.('n~..""n "B\vd.N. W (the "Corporation"), hereby certify that, at a meeting of the Board of Directors of the Corporation duly held on the 1St.. day of FearHery 2003 the following Resolutions were duly adopted and are now in full force and effect: ~ Opening of Brokerage Account(s); Conducting Transactions RESOLVED. that the Corporation is hereby authorized and directed to establish and maintain one or more accounts (including margin accounts) (each, an "Account"), and to engage in any of the transactions hereinafter described, with or through, Bear, Stearns & Co. Inc., Bear, Stearns Securities Corp., Bear, Stearns International limited and/or any of their now or hereafter exist~ ing affiliated entities (collectively, "Bear Stearns"), through an Account or otherwise. Bear Stearns is authorized to act as prin- cipal or agent in such transactions; Trading Authority" RESOLVED, that the Corporation is hereby authorized and empowered to purchase (including on a forward or when~issued basis or on margin), hold, finance, pledge, exercise, convert, tender, redeem, exchange, transfer, assign, sell (including short, when-issued and forward sales), enter into, write, issue, terminate, amend and otherwise deal and trade, singly or in combi~ nation, in the following: . Securities (General): any and all forms of securities, trust certificates, evidences of interest, participation or indebtedness of any kind whatsoever, whether publicly registered or exempt from registration, for e.xample as a private placement or exempt security, including without limitation, the securities, instruments and transactions listed in the categories set forth below; . Debt Securities: any and all forms of bonds, debentures or notes of any coupon (including "zero coupon") or maturity, including but not limited to, obligations issued or guaranteed by the United States Government or any of its agencies or instrumentalities, Government Sponsored Enterprises (including, but not limited to Fannie Mae, Freddie Mac, the Federc.tl Farm Credit Banks Funding Corporation, the Federal Home Loan Banks and Sallie Mae), foreign sovereign nations, corpo~ rations or other entities, including special purpose entities, whether investment grade, unrated, high yield, secured or unsecured; Equity Securities: any and all forms of common and preferred stock, scrip, warrants and rights; . Mortgages, Mortgage-Backed, Asset~Backed and other Structured Securities: whole mortgage loans and interests and participations in mortgage loans, whether residential, commercial or multi-family; mortgage-backed, mortgage-related or mortgage-derived securities or instruments of any kind whatsoever including, but not by way of limitation, any tranches of collateralized mortgage obligations, REMICs, mortgage pass-through certificates and participation certificates, whether issued or guaranteed by or backed by collateral of a Government agency, Government Sponsored Enterprise or a private issuer, including but not limited to, planned or targeted amortization, interest-only, principal~only, floating rate, inverse floating rate or zero coupon classes, interest-only or principal-only strips or mortgage r~siduals or any combination of the foregoing; all forms and tranches of asset-backed securities, including but not limited to, securities backed by auto, truck, boat, home equity, credit card loans, and any other form of consumer debt or business debt, lease payments, any form of bank debt or debt pass-through securities, and equity or other interests in and debt instruments issued by entities whose principal assets are any of the foregoing and any asset~backed residual; . Repurchase, Reverse Repurchase, Securities lending and Similar Tn:l:nsactions: repurchase and reverse repurchase transac. tions, securities lending, bonds borrow pledge, dollar rolls, buy forward sale and other similar transactions involving cash or any kind of security, asset-backed interest or participation or other financial instrument; Money Market Instruments, Bank Notes and Bank loans: money market instruments, including but not limited to, bankers acceptances, certificates of deposit and commercial paper, deposit notes and other bank notes and corporate, commercial or sovereign loans or obligations; . Foreign Exchange: spot and forward transactions in foreign currencies, currency futures contracts., and listed or over-the~ counter options on foreign currencies; Commodities and Futures: commodities and financial futures contracts and listed and over.the-counter options on com~ modities and financial futu.res; Options and Certain Derivative Transactions: options and derivative transactions, including but not limited to, any and all forms of listed or over.the-counter cptions, whether physical or cash settled, (whether or not "covered") on, transactions whose performance is linked to, or derived from, individual groups or indices of bonds, notes or other evidences of indebt~ edness, equities, currencies, interest rates, commodities, financial instruments, or any other securities whether or not described in this resolution or any similar transaction or combination thereof whether on a forvo/Brd basis or otherwise, including any option to enter into any of the foregoing; "S:C'JR1TiES OR TRANSACTIONS THAT ARE NOT AUTHORIZED HAVE BEEN CROSSED OUT. . Interest Rate. Currency and Other Swap Transactions: swap transactions, including but not limited to, interest rate swaps, basis swaps, commodity swaps, rate protection trFlnsactions. interest rate futures, caps, collars, floors, corridors, and for- ward rate agreements, currency swap agreements, cross-currency rate swap agreements, total return swaps related to indi- vidual groups or indices of bonds, notes, or other evidences of indebtedness, equities, financial instruments, or any other securities whether or not-described in this resolution, transactions linked to the creditworthiness of one or more issuers or sovereigns, or any similar transaction or combination thereof whether. on. a: forward basis or otherwise, including any option to enter into any of the foregoing; . International Securities and Transactions: each of the above itemized securities, obligations, instruments and other trans- ac;tion types may be dealt in regardless of whether such security, obligation, instrument or other transaction type is issued by, the obligation of, or related to, a foreign person, enterprise or sovereign, is denominated in a foreign currency or trades or is settled on or through a foreign market, exchange or clearinghouse; and . Miscellaneous: any transaction that is similar to any of the transactions described above (including an option with respect to any of them), any combination of these transactions or any other transaction, whether or not described in this resolu~ tion. Authorized Officer I Agents RESOLVED, that each of the officers or agents of the Corporation listed below is hereby individually authorized for and on behal,f of the Corporation (1) to give to and receive from Bear Stearns oral.or written instructions, confirmations, notices or demands with respect to any Account or transaction; (2) to have complete authority at all times to bind the Corporation to enter into and perform any transaction or agreement, amendment or modification thereof, reiating to any Account or trans. action involving the Corporation; (3)to lend or borrow money or securities and to secure the repayment thereof with the prop- erty of the Corporation; (4) to pay in cash or by check or draft drawn 'Upon the funds of the Corporation any sums required to be paid in connection with any Account or transaction; (5) to order the tranSfer or delivery of any securities, funds or other property to such officer or agent or to any other person; (6) to order the transfer of record of any securities, funds or other property to any name and to accept delivery of any securities, funds or other property; (7) to direct the. sale or exercise of any rights with respect to any securities or other property; (8) to sign for and on behalf of the Corporation all agreements, confir- mations, releases, assignments, powers of attorney or other documents in connection with any Acco'unt or transaction; (9) to agree to any terms or conditions affecting any Account qr transaction; (10) to endorse any securities or other property in order to pass title thereto (or to any interest therein); (11) to direct Bear Stearns to.surr~nder any securities or other property for the purpose of effecting any exchange or conversion thereof or otherwise; (12) to appoint any other person or persons to do any and all things which such officer or agent is hereby empowered to do; and (13) generally, to take all such action as such offi~ cer or agent may deem necessary or desirable to implement or facilitate the trading activities authorized in the preceding Resolutions. Title/Firm Name Specimen Signature Ci~y Adpjn~gtratpr Finance Direc..t:()T Jeaa F. EI8.r T~m;;>C! ni ,..viUo;;'Q"l:} Asst. r~barn..~ Dl.L\:a..Lv.L Lee llregiaka Effettiveness of Resolutions RESOLVED, that the foregoing Resolutions shall apply to all transactions and agreements between the Corporation and Bear Stearns, even if such transactions and agreements were entered into by the Corporation and Bear Stearns prior to the adop~ tion of such Resolutions (which prior transactions and agreements with Bear Stearns are hereby ratified in all respects), shall supersede any prior resolutions dealing with the subject matter covered herein and shall remain in full force and effect in all respects until the close of business on the day after Bear Stearns receives written notice of the modification or revocation there- of at its offices located at 24S Park Avenue, New York. New York 10167, Attn: Senior Managing .Director, Global Credit Department. IN WITNESS \NHEREOF, [ have hereunto set my hand Clnd caused the seal of the Corporation to be affixed on this 18th. day of February ,20 03 tl~ d&. Secretary ;cc;;.p:.~..::-:-:: ~E,[:.!J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 033-03 MOTION by Councilmember Trude 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 adopt 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. Budaetarv 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 Ortlel and adopted by the City Council of the City of Andover on this 18th day of February. 2003, with Councilmembers Jacobson. Ortlel. Trude. Gamache. Kniaht (absent) voting in favor of the resolution, and CounciJmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ichael R. Gamache - Mayor ~/J& Victoria Volk - City Clerk Project Descriptions: Foxburgh Crossing Shady Oak Cove Woodland Est 4th Addition Proiect # #02-47 #02-48 #02-49 EXHIBIT A Estimated Costs to be Reimbursed $ 291,000 384,000 2,101,000 $ 2,776,000 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032-03 MOTION by Council member Trude to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED EXPENDITURES 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 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 expenditure 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 expenditures hereinafter identified; NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopt 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 expenditures 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 purchases 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 purchases 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. Budaetarv 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 purchases, 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 purchases. 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 Councilmember Orttel and adopted by the City Council of the City of Andover on this 18th day of Februarv. 2003, with Councilmembers Jacobson. Orttel. Trude. Gamache. Kniaht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: rL~A;''' tiLt Victoria Volk - City Clerk Expenditure Descriptions: Emergency Sirens Turn-Out Gear Self Contained Breathing Apparatus Turn-Out Gear Washing Machine Automatic Defibrillators Scanner I Copier Street Sweeper Message Sign Board EXHIBIT A Estimated Costs to be Reimbursed $ 80,500 7,000 100,000 8,500 6,000 50,000 105,000 28,000 $ 385,000 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT NOS. 98-29. GREY OAKS (PHASE 1) & 00-16. GREY OAKS (PHASE 11). 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 project cost for such improvement is $1.479.531.77 plus $15.350.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $298.922.95 and work previously done amount to $ 0.00 so that the total cost of the improvement will be $1.793.804.72. 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 $ 57,618.91 . The amount to be assessed against benefited property owners is declared to be $1.720.835.81 . 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years. The first of the installments to be payable on or before the 15th day of April 2003, and shall bear interest at the rate of---2.... 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 Orttel and adopted by the City Council at a reaular meeting this 18th day of Februarv , 2003 , with Councilmembers Trude. Orttel. Kniaht. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j- 1/ hi LAi;;;,~ I/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 030-03 A RESOLUTION APPROVING CHANGE ORDER #--ML TO PROJECT NO. 98-29, GREY OAKS. WHEREAS, the City of Andover has a contract for Project No. 98-29 with_ Volk Sewer & Water. Inc. of Brooklvn Park. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 98-29. Adopted by the City Council of the City of Andover this 18th day of February , 2003. CITY OF ANDOVER ATTEST: ~o/Rdc~/ Mfchael R. Gamache - Mayor ~!I~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT NOS. 98-29. GREY OAKS (PHASE 1) & 00-16. GREY OAKS (PHASE 11). 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 project cost for such improvement is $1.479.531.77 plus $15.350.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $298.922.95 and work previously done amount to $ 0.00 so that the total cost of the improvement will be $1.793.804.72. 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 $ 1.720.835.81 the amount to be assessed against benefited property owners is declared to be $ 57.618.91 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 10 years. The first of the installments to be payable on or before the 15th day of April 2003, 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 OrUel and adopted by the City Council at a reaular meeting this 18th day of Februarv , 2003 , with Councilmembers Trude. Orttel. Kniaht. 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~ Orlt- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 029-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF WATERMAIN & STREET RECONSTRUCTION PROJECT NO. 02-16 IN THE QUICKSTROM ADDITION AREA. WHEREAS, pursuant to Resolution No. 035-02, adopted the 6th day of March, 2002 a Feasibility Report has been prepared by the City Enaineer for the improvements: and WHEREAS, such report was received by the City Council on the 18th day of February, 2003; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated cost of $ 339.498.14 . 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. 02-16 for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $231.535.33 . 3. A public hearing shall be held on such proposed improvement on the 4th day of March , 2003 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 Council member Orttel and adopted by the City Council at a reqular meeting this 18th day of February ,2003, with Councilmembers Trude. Orttel. Kniaht. Gamache. Jacobson voting in favor of the resolution, and Councilmembers 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. 028-03 MOTION by Councilmember Trude 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. 02-48 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA SHADY OAK COVE. WHEREAS, the City Council did on the 17th day of December ,2002, 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 18th day of February , 2003 ; 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 $ 348.402.00 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 $ 348.402.00 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby require the developer to escrow for the sum of $ 12.500.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Council member Orttel and adopted by the City Council at a reqular meeting this 18th day of February ,2003, with Councilmembers Trude, Orttel. Kniaht. Gamache. Jacobson 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 IlL (Jr/L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION R027-03 A RESOLUTION OPPOSING LEGISLATION TO CREATE AN ANOKA COUNTY COMMUNITY DEVELOPMENT AUTHORITY IN ITS CURRENT FORM WHEREAS, Anoka County proposes to obtain special legislation to establish the Anoka County Community Development Authority; and WHEREAS, this newly proposed County agency will have special taxing authority throughout the entire County to fund housing and community development projects; and WHEREAS, Anoka County currently has legislative authority in the area of housing and redevelopment activity, with special levy authority subject to approval by affected municipalities; and WHEREAS, the City of Andover is not currently subject to any special County levies for purposes related to housing and redevelopment activities; and WHEREAS, currently proposed legislation allows the taxing and development authority to exercise levy authority without the approval of municipalities within the County and could result in an additional special levy within the corporate boundaries of Andover; and WHEREAS, the City of Andover has an established Economic Development Authority and Housing and Redevelopment Authority to carry out local initiatives in the area of economic development and housing; and WHEREAS, the City of Andover seeks greater involvement in determining local economic development initiatives affecting job creation, retention, redevelopment and attraction of businesses in Anoka County. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Andover hereby expresses its opposition to the establishment of the Anoka County Community Development Authority in its current legislative form. BE IT FURTHER RESOLVED, that the Andover City Council supports the greater County-wide goals in the areas of job creation, housing development, improved transportation and general economic development promotion and looks forward to the opportunity to work with the County to further these efforts. BE IT FURTHER RESOLVED, that the Andover City Council remains open to discussing County-wide economic development initiatives, but with established controls on any new special levies affecting the City of Andover. Adopted by the Anoka City Council this the 3rd day of February 2003. CITY OF ANDOVER ATTEST: ~~R.d~ trC- . ael R. Gamache - May r 4kAh (l p(~ Shirley c,frlfon, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 026-03 A RESOLUTION APPROVING THE V ARlANCE REQUEST FOR JOEL AND TAMMY GNAT TO REDUCE THE BUILDING SETBACK FROM COUNTY ROADWAYS TO 29 FEET FOR THE LIFE OF THE EXISTING STRUCTURE LOCATED AT 3595 143RD AVENUE NW (P.I.D. 29-32-24-42-0062) LEGAL Y DESCRlBED AS: Lot 4, Block 2 Andover Boundary Commission Plat No.1, Anoka County, Minnesota WHEREAS, Joel and Tammy Gnat have petitioned to vary from the building setback from county roads as described in Ordinance 8, Section 6.02 for property located at 3595 143'd Avenue NW, and; WHEREAS, the City Council finds that the proposed variance will not have a detrimental effect on neighboring properties due to the fact that the structure presently exists, and; WHEREAS, the City Council finds that the special circumstances for the proposed variance are as follows: 1. Anoka County will take land from the subject property for Round Lake Boulevard (CSAH 9). This taking reduces the building setback from Round Lake Boulevard. 2. The home was constructed in 1972 and prior to the adoption of the 50 foot building setback from county roadways in the Single Family Suburban (R-3) Zoning District. 3. The home contains less finished square footage than an average home constructed today. The non-conforming status of the structure and inability to expand the structure negatively affects the marketability of the property and discourages reinvestment in the property. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover . approves the proposed variance request to allow a building setback of29 feet from the Round Lake Boulevard (CSAH 9) right-of-way for the existing house at 3595 143'd Avenue NW subject to the following: 1. In the event the home is damaged beyond 50% of its assessed value, a new house will be required to be constructed in conformance with all applicable building setbacks at that time. Adopted by the City Council of the City of Andover on this 4th day of Februrary, 2003. CITY OF ANDOVER ~4?.d~ ~ ATTEST: -rJ. :~:;u 0,4 Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R025-03 A RESOLUTION APPROVING THE V ARlANCE REQUEST OF JOERG AND CHERYL BODE TO ALLOW 1 HORSE TO BE KEPT ON THEIR PROPERTY OF LESS THAN 2.5 ACRES FOR PROPERTY LOCATED AT 17303 ROUND LAKE BOULEVARD NW. WHEREAS, Joerg and Cheryl Bode has requested to keep 1 horse on their property of less than 2.5 acres for a property located at 17303 Round Lake Boulevard NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does meet the criteria of Ordinance No.8 Section 5.04, 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 Variance request; 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 variance with the following findings: 1. Conditions of the adjoining property have changed in regards to the discontinuation of boarding of hypo-allergenic horses. 2. Proper handling, care and treatment as detailed in the Equine Ordinance would not be impaired on a lot of 2.178 acres as compared to 2.5 acres ifthe horse is able to use the adjoining 10 acres of property for purposes other than boarding. 3. The property owner would still have to comply with all of the other requirements of the Equine Ordinance ensuring proper care, including corral and shelter requirements. Adopted by the City Council of the City of Andover on this 4th day of February, 2003. CITY OF ANDOVER ATTEST: ~-/~ ~ ichael R. Gamache, Mayor 11;;t;;;'J IJ.~L Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 024-03 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 02-47 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA FOXBURGH CROSSING. WHEREAS, the City Council did on the 17th day of December ,2002, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility stud~ was prepared by the City Enaineer and presented to the Council on the 4 day of Februarv , 2003 ; and WHEREAS, the property owners have waiyed 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 $ 264.546.68 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 $ 264.546.68 , waive the Public Hearing and order improvements. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 4th day of February ,2003, with Councilmembers Trude. Orttel. Gamache. Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~t? ~ chael R. Gamache - Mayor ~ !/;Lb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 023-03 MOTION by Council member Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 03-6 FOR 2003 OVERLAYS. WHEREAS, the City Council is cognizant of the need for overlays; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2003 Overlavs, Project 03-6; 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 Orttel and adopted by the City Council at a reqular meeting this 4th day of February , 2003 , with Council members Trude. arttel. Gamache. Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ---:> /' /" /// . /~v~,.,~::: ,;~ Ichael R. Gamache - Mayor IUt-0 db/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 022-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 03-4 FOR THE 2003 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 2003 Seal Coatina Improvements, Project 03-4; and BE IT FURTHER 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 Orttel and adopted by the City Council at a reaular meeting this 4th day of February , 2003 , with Councilmembers Trude. Orttel. Gamache. Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~Kd~ Ichael R. Gamache - Mayor LLt~ ddtJ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 021-03 MOTION by Council member Trude to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 03-3 FOR THE 2003 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 2003 Crack Sealina Improvements, Project 03-3; and BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 4th day of February , 2003 , with Council members Trude. Grttel. Gamache. Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~,.-:? ~ ~ /_ /' Vl_, ~,_ Michael R. Gamache - Mayor ~ drib Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 020-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 00-43. NATURES RUN. 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 $ 526.932.14 plus $ 5.700.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $ 144.567.13 and work previously done amount to $ 0.00 so that the total cost of the improvement will be $ 677.199.27. 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 $ 5.976.65 the amount to be assessed against benefited property owners is declared to be $ 671.222.62. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 1Q years. The first of the installments to be payable on or before the 15th day of April 2003, 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 Orltel and adopted by the City Council at a reaular meeting this 4th day of Februarv , 2003 , with Councilmembers Trude. Orltel. Gamache, Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: -6';r. ./7 rd.-< >:~.;?t' V(: ,- . ""'- . Michael R. Gamache - Mayor ~ ()ffi Victoria Volk - City Clerk MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 019-03 Kniaht 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. 03-5, IN THE CITY VIEW FARM. WHEREAS, the City Council has received a petition, dated January 13. 2003, requesting the construction of improvements; and WHEREAS, such petition has been yalidated 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 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 reaular meeting this 21st day of January ,2003, with Councilmembers Jacobson. Trude. Gamache. Kniqht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ._~ ~ ~-L chael R. Gamache - Mayor {l~;?/ (),tb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R018-03 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "CITY VIEW FARM" FOR PROPERTY LOCATED IN SECTION 32, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS; Lot 1, Block 1, Weise's Second Addition, except the east 355 feet thereof as measured parallel with the south line of said lot, Anoka County, Minnesota WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, a public hearing was held before the Planning and Zoning Commission, and; WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 10, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area, and; WHEREAS, as a result of such public hearing, the Planning and Zoning 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 ofthe Planning and Zoning Commission and approves the preliminary plat with the following conditions; 1. Approval of the preliminary plat is contingent upon approval of a Comprehensive Plan Amendment, Rezoning and Special Use Permit for Planned Unit Development Review. If anyone of these applications or requests fails to be approved, in whole or in part, the preliminary plat shall be considered null and void. 2. The Special Use Permit for Planned Unit Development review shall regulate the lot size, setbacks, desigu and materials ofthe units, landscaping plan, area identification sign and association documents for the proposed development. 3. The applicant shall dedicate to the City a thirty foot wide by 9 foot deep easement to be located along the east boundary of the plat between Lot 6 and 7 for the purpose of locating a City entrance monument sign. 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. 5. It shall be the responsibility of the homeowners association to maintain the emergency vehicle turnaround throughout the year, including plowing the turnaround during the Winter. If the homeowners association fails to maintain the turnaround, the City will require the homeowners association to pave the turnaround. 6. No parking shall be permitted along the private driveway or within the emergency vehicle turnaround. Signage shall be located as required by the City of Andover Engineering Department. 7. Park dedication and trail fees shall be based upon the rate in effect at the time of final plat approval. 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. Adopted by the City Council of the City of Andover this 21 st day of January, 2003. CITY OF ANDOVER ATTEST: 11~ ()~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R017-03 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF MIKE BARN FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A RESIDENTIAL DEVELOPMENT CONSISTING OF SEVEN (7) TOWNHOUSE UNITS TO BE KNOWN AS THE SUBDIVISION OF "CITY VIEW FARM" AT 13311 ROUND LAKE BOULEVARD NW (p.I.D. 32-32-24-43-0030) ON PROPERTY LEGALLY DESCRIBED AS; Lot 1, Block 1, Weise's Second Addition, except the east 355 feet thereof as measured parallel with the south line of said lot, Anoka County, Minnesota WHEREAS, Mike Bahn has requested a Special Use Permit for a Planned Unit Development for a residential development consisting of seven townhouse units to be known as the subdivision of "City View Fann" pursuant to Ordinance No. 112, An Ordinance regulating Planned Unit Developments on the property legally described above, and; WHEREAS, The Planning Commission fmds the request meets the criteria of Ordinance No.8, Section 5.03 regulating Special Use Permits and Ordinance No. 112, An Ordinance regulating Planned Unit Developments, and; WHEREAS, The Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area, and; WHEREAS, a public hearing was held before the Planning and Zoning Commission and there was no opposition to the request; and; WHEREAS, The Planning and Zoning Commission is recommending to the City Council the approval of the Special Use Permit for the Planned Unit Development as requested, 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 agrees with the recommendation ofthe Planning and Zoning Commission permitting Mike Balm to develop a Planned Unit Development on said property with the following conditions: I. An outlot shall be permitted to be created for the private driveway. The lot depth shall be 139 feet for each lot. 2. The development shall conform to Ordinances No.8 and 10 except for development standards listed on Exhibit A, 'City View Farm Development Standards'. Exhibit A shall regulate when in conflict with Ordinances No.8 and 10. 3. The Special Use Permit for the Planned Unit Development shall be contingent upon the approval of the Comprehensive Plan Amendment, Rezoning and the Preliminary Plat of City View Farm. If anyone of these applications or requests fails to be approved, in whole or in part, the special use permit shall be considered null and void. 4. 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 fmal plat in accordance with Ordinance No. 112: 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. 5. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section5.03(D). Adopted by the City Council of the City of Andover on this 21 st day of January, 2003. ATTEST CITY OF ANDOVER ~~/7A_>4 Michael R. Gamache, Mayor ILz:..v {/~ Victoria Volk, City Clerk Exhibit A City View Farm Development Standards Minimum Lot Dimensions and Area Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 49 feet 44 feet 44 feet 44 feet 44 feet 44 feet 45 feet Width Lot 13 9 feet 13 9 feet 139 feet 13 9 feet 13 9 feet 139 feet 139 feet Depth Lot 6,831 sf 6,116 sf 6,116 sf 6,116 sf 6,116 sf 6,116 sf 6,282 sf Area Minimum Setbacks LotI Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Front Yard 30 29 28 27 27 26 25 Rear Yard 69 70 71 72 72 73 74 House Side Yard 10 10 10 10 10 10 10 Garage Side Yard 20/0 20/0 20/0 20/0 20/0 20/0 20/0 Comer Side Yard 35 NA NA NA NA NA NA Any yard from County 30 29 28 27 27 26 25 Road Townhouse Units The Townhouse Units and all exterior materials shall be constructed to match the elevations and floor plans stamped received by the City of Andover January 16, 2003 and approved by the City Council on January 21, 2003. Garages The garages and all exterior materials shall be constructed to match the elevations and floor plans stamped received by the City of Andover January 16, 2003 and approved by the City Council on January 21,2003. Landscaping Plan The Landscaping Plan shall conform to the plan stamped received by the City of Andover January 16, 2003 and approved by the City Council on January 21,2003. Screening A six foot tall alternating board fence shall be provided along the shared property line with the single family residential properties to the east. The fence shall be maintained in good condition by the homeowners association. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ROI6-03 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DESINGATION FROM URBAN RESIDENTIAL LOW DENSITY (URL) TO URBAN RESIDENTIAL MEDIUM DENSITY (URM) FOR PROPERTY LOCATED AT 13311 ROUND LAKE BOULEVARD (P.m. 32-32- 24-43-0030) LEGALLY DESCRIBED AS; Lot 1, Block 1, Weise's Second Addition, except the east 355 feet thereof as measured parallel with the south line of said lot, Anoka County, Minnesota.: WHEREAS, Mike Balm has petitioned the City of Andover for an amendment to Ordinance 8, Section 6.03, (rezoning) that is inconsistent with the Comprehensive Plan, and; WHEREAS, Minnesota State Statute Chapter 473.858 stipulates that the Zoning Ordinance must be consistent with the Comprehensive Plan, and; WHEREAS, an amendment to the Comprehensive Plan is necessary to allow for the proposed rezoning to M-I, Multiple Dwelling Low Density, and; WHEREAS, The property is located within the 2020 Metropolitan Urban Service Area (MUSA) and the size and depth of the subject property do not particularly suit single family urban residential development, and; WHEREAS, The location of the property between an arterial roadway (CSAH 9) and a single family residential neighborhood creates conditions that are conducive to medium density residential development, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare ofthe occupants ofthe surrounding land, 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 adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council; 1) Change the Land Use Designation From Urban Residential Low Density (URL) To Urban Residential Medium Density (URM) on property legally described in this resolution. 2) Subject to review and approval by the Metropolitan Council. Adopted by the City Council of the City of Andover on this 21st day of January, 2003. CITY OF ANDOVER ~ A?A--? chael R. Gamache, Mayor ATTEST: 11:*.,'.. tJ$ Victoria Volk, City Clerk .:1 MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 015-03 Kniaht 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. 03-2, IN THE WOODLAND CREEK GOLF VILLAS. WHEREAS, the City Council has received a petition, dated January 9. 2003, requesting the construction of improvements; and WHEREAS, such petition has been yalidated 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 WSB & Assoc.. Inc. and they are 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 21st day of January ,2003, with Councilmembers Jacobson. Trude. Gamache. Kniaht. Orttel voting in favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. CITY OF ANDOVER voting ATTEST: /Z/kA~ Michael R. Gamache - Mayor IJ;t;;~/ ()4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R014-03 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WOODLAND CREEK GOLF VILLAS" FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS; Outlot A, Woodland Creek, Anoka County, Minnesota WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, a public hearing was held before the Planning and Zoning Commission, and; WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 10, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the applicant has requested a variance to the 500 foot maximum cul-de-sac length provided in Ordinance 10, Section 9.03 to allow a cul-de-sac that will measure approximately 720 feet in length; WHEREAS, the City Council finds that the special circumstances for the proposed variance are as follows: 1. There is no feasible way to loop the street back out to South Coon Creek Drive. 2. Without the variance the remaining developable land could not be accessed 3. Reducing the length of the street to 500 would minimize the space between units and lead to an undesirable project design. WHEREAS, as a result of such public hearing, the Planning and Zoning 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 ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: I. Approval of the preliminary plat is contingent upon approval of a Comprehensive Plan Amendment, Lot Split, and Special Use Permit for Plauned Unit Development Review. If anyone ofthese applications or requests fails to be approved, in whole or in part, the preliminary plat shall be considered null and void. 2. The Special Use Permit for Planned Unit Development review shall regulate the lot size, setbacks, design and materials of the units, landscaping plan, area identification sign and association documents for the proposed development. 3. 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. 4. Approval of a variance to the 500 foot maximum cul-de-sac length provision of Ordinance 10, Section 9.03 to allow a cul-de-sac to extend approximately 720 feet from the intersection with South Coon Creek Drive. 5. 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 final 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 acceptable to the City Attorney. Adopted by the City Council of the City of Andover this 21 st day of January, 2003. CITY OF ANDOVER ATTEST: {L~ IJ..ti- Victoria V olk, City Clerk ~~~~~ Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ROB-03 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF OL VAN PROPERTIES FOR A PLANNED UNIT DEVELOPMENT FOR A RESIDENTIAL DEVELOPMENT CONSISTING OF ELEVEN (11) TOWNHOUSE UNITS TO BE KNOWN AS THE SUBDIVISION OF "WOODLAND CREEK GOLF COURSE VILLAS" ON PROPERTY LEGALLY DESCRIBED AS; Outlot A, Woodland Creek, Anoka County, Minnesota WHEREAS, Olvan Properties has requested a Special Use Permit for a Planned Unit Development for a residential development consisting of eleven townhouse units to be known as the subdivision of "Woodland Creek Golf Course Villas" pursuant Ordinance No. 112, An Ordinance regulating Planned Unit Developments on the property legally described above, and; WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses and Ordinance No. 112, An Ordinance regulating Planned Unit Developments. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, a public hearing was held before the Planning and Zoning Commission; and WHEREAS, the Planning Commission is recommending to the City Council the approval of the Special Use Permit for the Planned Unit Development as requested. 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 a Planned Unit Development for Olvan Properties on said property with the following conditions: 1. The development shall conform to Ordinances No.8 and 10 except for development standards listed on Exhibit A, 'Woodland Creek Golf Course Villas Development Standards'. Exhibit A shall regulate when in conflict with Ordinances NO.8 and 10. 2. The Special Use Permit for the Planned Unit Development shall be contingent upon the approval ofthe Comprehensive Plan Amendment, Lot Split, and Preliminary Plat of Woodland Creek Golf Course Villas. If anyone of these applications or requests fails to be approved, in whole or in part, the special use pennit shall be considered null and void. 3. 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 Ordinance No. 112: 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. 4. A variance is granted to Ordinance 205 to allow the structures to be similar in design and exterior appearance. 5. That the Special Use Pennit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). Adopted by the City Council of the City of Andover on this 21 st day of January, 2003. ATTEST tlfjU...., IYL- Victoria Volk, City Clerk CITY OF ANDOVER -?"~ ~ ~ ichael R. Gamache, Mayor Exhibit A Woodland Creek Golf Course Villas Development Standards Minimum Lot Dimensions and Area Minimum Lot Width 59 feet Minimum Lot Depth 73 feet Minimum Lot Area 4,307 square feet Minimum Setbacks Front Yard 25-35 feet Rear Yard 30-75 feet House Side Yard 20 feet between living areas Garage Side Yard 12 feet between garage areas Townhouse Units The Townhouse Units and all exterior materials shall be constructed to match the elevations and floor plans stamped received by the City of Andover January 17, 2003 and approved by the City Council on January 21,2003. Landscaping Plan The Landscaping Plan shall conform to the plan stamped received by the City of Andover January 17, 2003 and approved by the City Council on January 21,2003. Area Identification Sign The Area Identification Sign shall conform to the plan stamped received by the City of Andover January 17, 2003 and approved by the City Council on January 21, 2003. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 012-03 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR OLV AN PROPETIES TO SUBDIVIDE INTO TWO PARCELS THE WOODLAND CREEK GOLF COURSE LOCATED AT 3200 SOUTH COON CREEK DRIVE LEGALLY AND DESCRIBED AS FOLLOWS: Outlot A, Woodland Creek, Anoka County, Minnesota To be divided into properties to be described as; Tract A, Registered Land Survey _, Anoka County, Minnesota Tract B, Registered Land Survey _, Anoka County, Minnesota WHEREAS, Olvan Properties has requested approval of a lot split to subdivide property pursuant to Ordinance No. 40, located at 3200 South Coon Creek Drive, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8 and 40, 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, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare ofthe occupants ofthe surrounding land, 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 lot split on said property with the following conditions: 1. The applicant shall provide a sixty foot wide drainage and utility easement in favor of the City of Andover on Tract B on the west side of Coon Creek as it travels through the property. Work within the easement by the City will accommodate golf course operations to the best of its ability. 2. The applicant shall provide a drainage and utility easement in favor of the City of Andover on Tract B around the 100 year flood elevation of the proposed storm water pond. 3. The Lot Split shall conform to the lot dimensions described in the attached Exhibit A . 4. Approval of the lot split is contingent upon approval of a Comprehensive Plan Amendment, Special Use Permit for Planned Unit Development Review and Preliminary Plat. If anyone of these applications or requests fails to be approved, in whole or in part, the preliminary plat shaH be considered null and void. 5. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section ill(E). Adopted by the City Council of the City of Andover on this 21st day of January, 2003. CITY OF ANDOVER ~~/d~ Mike Gamache, Mayor ATTEST: ~{/$ Victoria Volk, City Clerk REGISTERED LAND SlJRVEY NO. ~ U1l" .&,l'l(lIV~~" JNTY OF ANOn SEe-aON 29, T. 32, R. 24 I h...by C:fIrtlfy that In a=ordQn~ with the prollla!orll of Chapter SDB, Mlnnallloto Slotut.. of 19.49, 01; CII'1"lended. I hove BUTVe)'eld the fonowlng described tract Ih the County of Anoka and the Stat. of Mlnn.soto: OUtlot A. WOODI..AND CREEK. oeeordlnQ to th, plat theJ'Of on m. or of roeord 1n the office of the Reglauor of Tltl... AhokQ County, U1nnMloto. tnceept thot plll"t now platted os WOObLAND CREEK FIf1'H ADDlnON.. AND Outlot A., Y<<:lODLAND CREEl< FlF1H AODIlIOH. Antlko County. Ulnneaota. TornlUl Certlflcot. No. 78592 I hereby certify then the lIiurvey ....own !'Iere'ln .. 0 COlT...:t delln_Uon of .01d survey, <kited tn!. _ day of 200-, Chart.. R. ChrIatoJ)hllrtlO1\,. Land SurveyOl'". Mlnnuoto Uem,. 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I _ I ~B9'Jr41'W I I I ..> SLlh~~ly li"e :; oltlo/' A I ':;b:):.l::l~~~ C~;~;;~1 =-~d .f"j:j'~:C) I I I I ___Sc:,uth II". of the SO\Jthe1l9t Cluortllrofthe .....-::-- _ _ _ Southeo9t Ouorter of Seetlon 29 - ~North-l~e~h: ~o:;OI~ :f-;:- - - -- Northeast Ouort~ of Seellon 32 Scale: 1 Ind, =' 20D Fe",,1 q I I I I _____..J a Denotes Iron Monument Found 200 0 200 400 1~~~!;l)?>:~~~~J;~~-~!'"f,,..,.,r.::.;;;;"':::;~",~ SCALE II~ FEET o Denotes Iron tJ.onUn"ienl Set :Jnd Marked with L,cense 1-.10. 1Sl20 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ROll-03 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF WOODLAND CREEK GOLF COURSE FOR PROPERTY LOCATED AT 3200 South Coon Creek Dr. NW, (PIN 29-32-24-44-0002) to include the clubhouse and beer sales cart only, on property legally described as Outlot A, Woodland Creek, Anoka County, Minnesota. WHEREAS, Olvan Properties has requested a Special Use Permit for a liquor license for property located at 3200 South Coon Creek Dr. NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.30, 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 Special 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 Special Use Permit for a Liquor License on said property with the following conditions: 1. That the Special Use Permit be subject to a sunset clause as stipulated In Ordinance 8, Section 5.03(d). 2. That the Special Use Permit be subject to annual review and site inspection. 3. The special use permit is contingent upon obtaining a liquor license for the facility. 4. This Special 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 21 st day of January 2003. CITY OF ANDOVER ATTEST: ~ Uu/t, Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ROlO-03 A RESOLUTION AMENDING THE COMPREHENSNE LAND USE PLAN OF THE CITY OF ANDOVER TO EXTEND THE 2020 MUNICIPAL URBAN SERVICE BOUNDARY TO INCLUDE 6.4 ACRES OF THE WOODLAND CREEK GOLF COURSE AND PLACE A URBAN RESIDENTIAL LOW DENSITY (URL) DESIGNATION ON 4.08 ACRES LOCATED AT 3200 SOUTH COON CREEK DRNE (P.I.D. 29-32-24-44-0002) AND LEGALLY DESCRIBED AS; That part of Outlot A, WOODLAND CREEK, Anoka County, Minnesota described as Tollows: Commencing at the northwest comer of said Outlot A; thence on an assumed bearing of South 89 degrees 06 minutes 57 seconds East, along the north line of said Outlot A, a distance of337.13 feet to the point of beginning; thence South 01 degree 10 minutes 14 seconds West a distance of 92.14 feet; thence South 18 degrees 38 minutes 06 seconds East a distance of 116.45 feet; thence South 64 degrees 42 minutes 22 seconds East a distance of 143.19 feet; thence North 85 degrees 55 minutes 28 seconds East a distance of 102.93 feet; thence North 70 degrees 43 minutes 12 seconds East a distance of76.70 feet; thence South 89 degrees 24 minutes 17 seconds East a distance of 950.61 feet to the easterly line of said Outlot A; thence North 26 degrees 28 minutes 11 seconds West, along said easterly line, a distance of 117.28 feet; thence North 24 degrees 08 minutes 47 seconds West, along said easterly line, a distance of 134.52 feet to the northeast comer of said Outlot A; thence South 89 degrees 29 minutes 37 seconds West, along the north line of said Outlot A, a distance of 21 0.44 feet; thence North 89 degrees 06 minutes 57 seconds West, along said north line, a distance of972.81 feet to the point of beginning. WHEREAS, Olvan Properties has petitioned the City of Andover for an urban development requiring municipal utilities, and; WHEREAS, The 2020 Metropolitan Urban Service Boundary (MUSA) does not include the subject property, and; WHEREAS, the R-4 Single Family Urban Residential zoning of the property is consistent with this request, and; WHEREAS, Minnesota State Statute Chapter 473.858 stipulates that the Zoning Ordinance must be consistent with the Comprehensive Plan, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested, and; WHEREAS, The Council finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants ofthe surrounding land, 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 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 a portion of the Woodland Creek Golf Course, legally described in this resolution. 2) Designate an Urban Residential Low Density (URL) District approximately four acres in size on property described as Tract A in Exhibit A. 3) Retain the existing Open Space (OS) Land Use Designation for the remainder of the Woodland Creek Golf Course, described as Tract B in Exhibit A. 4) Subject to review and approval by the Metropolitan Council. Adopted by the City Council of the City of Andover on this 21st day of January, 2003. CITY OF ANDOVER ~/' #~ ./ 'Zu4"#?~ _ ~ ;Michael R. amache, Mayor ATTEST: ~aa Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 009-03 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY (SUPPLEMENTAL), WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-42 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE AREA OF AZTEC ESTATES . WHEREAS, the City Council did on the L day of Februarv ,2002, order the preparation of a supplemental feasibility study for the improvement; and WHEREAS, such supplemental feasibility study was prepared by SEH and presented to the Council on the 21st day of January , 2003 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and ATTEST: WHEREAS, the City Council has reviewed the feasibility study and declares the improvementfeasible, for an estimated cost of $ 1.181.209.00 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 $ 1.181.209.00 waive the Public Hearing. 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 $ 145.054.35 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 reaular meeting this 21st day of January ,2003, with Councilmembers Jacobson. Trude. Gamache. Kniaht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER /0/,.;-/ ~ ~~ ichael R. Gamache - Mayor tl::t;;_~/ Od? Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 008-03 A RESOLUTION ACCEPTING ROBERTA FLOYD AS A MEMBER OF THE PUBLIC EMPLOYEES POLICE AND FIRE PLAN. WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for non-full-time fire fighter provided the fire service position regularly engages the employee in the hazards of fire fighting. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Andover hereby declares that the position titled Fire Marshal/Fire Fighter, currently held by Roberta Floyd is, for primary services provided, that of a firefighter engaged in the hazards of fire fighting. NOW, THEREFORE, BE IT FURTHER RESOLVED that this governing body hereby requests that the above-named employee be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee's initial Police and Fire salary deduction by the governmental subdivision. PASSED by the City Council ofthe City of Andover on this 21 st day of January, 2003 ;2;~4?,/J- tC ike Gamache, Mayor ATTEST: a~ IJra Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 007-03 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 02-43 FOR SUNSHINE PARK/SOCCER FIELD LIGHTING. WHEREAS, the City Council is cognizant of the need for the lighting improvement; and NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and specifications for the improvement of the Sunshine Park/Soccer Field Liahtinq, Project 02-43; and BE IT FURTHER RESOLVED by the City Council to hereby direct Wunderlich- Malec 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 21st day of January , 2003 , with Councilmembers Jacobson. Trude. Gamache. Kniaht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 7~~~~ Michael R. amache - Mayor IL7;;J~_ ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 006-03 . MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 99-8A FOR WELL #8/PUMPING SYSTEM. WHEREAS, the City Council is cognizant of the need for the pumping system; and NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and specifications for the improvement of Well #8/Pumpina Svstem, Project 99-8A; and BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of Bolton & Menk. Inc. to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 21st day of January , 2003 , with Councilmembers Jacobson. Trude. Gamache. Kniaht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: --;?7~4'4A~ M1chael R. Gamache - Mayor IL;t;A~ a./~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA R 09"'03 A RESOLUTION APPROVING THE 2003 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET TO BE USED TO CONDUCT PROJECTS WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS. WHEREAS, the City Council recognizes the need to use Community Development Block Grant funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the United States Department of Housing and Urban Development, following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the City will receive funds distributed by Anoka County to conduct projects for the residents of the City for the 2003 fiscal year; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the 2003 Community Development Block Grant Projects and Budget as depicted on attachment A-I. Adopted by the City Council of the City of Andover on this 7th day of January, 2003. CITY OF ANDOVER ~/~:1- -~ (Michael R. Gamache, Mayor ATTEST: tJL ()~ Victoria V olk, City Clerk Attachment A-I 2003 Authorized CDBG Applications with Request Amount Proiect Zoning Ordinance Update Andover Boulevard Trail Project Community Center/YMCA youth programs Economic Redevelopment Program TOTAL 2003 Proposal $8,000 $150,000 $45,000 $97,000 $300,000 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 04-03 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. 02-50, IN THE MAPLE HOLLOW. WHEREAS, the City Council has received a petition, dated December 31. 2002, 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 TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Kniaht and adopted by the City Council at a reqular meeting this ih day of January ,2003, with Councilmembers Jacobson. Kniaht. Orttel. Gamache. Truce voting in favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: /~w~ ichael R. Gamache - Mayor I L7;:~~, (),a Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MlNNESOTA RES. NO R03-03 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "MAPLE HOLLOW" FOR MARK TffiBETTS ON PROPERTY LOCATED IN SECTION 14, TOWNSIDP 32, RANGE 24, LEGALLY DESCRIBED AS: The West 660.00 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota; which lies westerly of Crane Street NW and Northerly of Block 1 of Chesterton Commons North Second Addition, except that part platted as 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 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. 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. 2. Contingent upon the approval of the rezoning of the property to (R-4) Single Family Urban Residential. If this request fails to be approved, in whole or in part, the preliminary plat shall be considered null and void. 3. Payment of park dedication and trail fees at the rate in effect at the time the final plat is approved per Ordinance No. 10, Section 9.07. 4. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 5. 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 7TH day of January, 2003. ATTEST: ILh.~_ OLb Victoria Volk, City Clerk 4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 02-03 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 2003 are the Anoka office of Wells Fargo Bank Minnesota, N.A. and the Andover office of US Bank. BE IT FURTHER RESOLVED that Wells Fargo Investment Services Inc. and Wells Fargo Institutional Trust; the Minnesota Municipal Money Market Fund; Northland Securities; of Miller, Johnson, Steichen, and Kinnard, Inc.;Legg Mason Inc.; Soloman Smith Barney Inc.; Multi Bank Securities Inc.;PaineWebber Inc.; Prudential Securities; 1st Regions Bank; and Morgan Keegan & Company be designated as additional depositories for 2002 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 7th day of January 2003. ATTEST: CITY OF ANDOVER ~;/?2-:4--4 Michael R. Gamache - Mayor ILL ();/b Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 01-03 A RESOLUTIN ESTABLISHING RULES AND STANDARDS TO BE FOLLOWED IN REVIEWING REQUESTS FOR AND ORDERING INSTALLATION OF TRAFFIC CONTROL DEVICES. WHEREAS, authority to order installation of traffic control devices rests with the City Council, and; WHEREAS, the City Council wishes to delegate this authority to the City Engineer under certain circumstances, and: WHEREAS, The City Council wishes to establish standards and rules to be used in evaluating the need for traffic control devices, and: NOW, THEREFORE, BE IT RESOLVED the "Minnesota Manual on Uniform Traffic Control Devices" as adopted by the Minnesota Commissioner of Public Safety shall be adopted as the rule and standard to be used by the City in evaluating the need for traffic control devices, and BE IT FURTHER RESOLVED THE City Engineer shall be delegated the authority to review traffic control device needs and order their installation. Adopted by the City Council of the City of Andover this ih day of January , 2003. CITY OF ANDOVER ~~~~ M(chael R. Gamache - Mayor ATTEST: (L~ ;)4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 239-03 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR DEANN & GARY COTTEN JR. TO SPLIT A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS AT 16150 MAKAR STREET N.W. (pID: 18-32-24-24-0007). The property to be divided into two single-family residential lots is legally described as: Tract U, Registered Land Survey No. 72, Anoka County, Minnesota. WHEREAS, DeAnn and Gary Cotten Jr. have requested approval of a lot split to subdivide a rural residential property into two rural residential lots; and WHEREAS, the applicant has requested a variance to City Code 11-3-3 to allow a cul- de-sac length greater than 500-feet; and WHEREAS, the City Council finds that the special circumstances for the proposed variance are that the proposed turnaround will improve the existing street; and WHEREAS, the City Council has reviewed the request and has determined that said request meets the criteria of City Code Title 12 and 13; 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 pursuant to state statutes; and WHEREAS, the City Council finds that the lot split request is not detrimental to the surrounding neighborhood. 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 lot split is to be approved with Tracts A & B as illustrated on the survey submitted October 16, 2003. 2. The applicant is required to provide the legal description for Tracts A & B. 3. The applicant is required to dedicate a ten-foot drainage and utility easement around the perimeter of both properties with a separate document. 4. The applicant is required to dedicate a roadway, drainage and utility easement and construct a cul-de-sac turnaround as approved by the City Engineer which would be a normal eighty-foot diameter cul-de-sac. 5. That a variance to City Code 11-3-3 (G) be approved to allow a dead-end street exceeding 500-feet in length. 6. The applicant must remove the legal nonconforming pole barn from Tract B should it become damaged beyond 50% of its value as per City Code 9-7-5 (B). 7. Payment of a park dedication fee for the new lot based on the fee ordinance in effect at the time of Council approval. 8. Payment of a trail fee based on the fee for the new lot ordinance in effect at the time of Council approval. 9. That the Lot Split be subject to a sunset clause as stipulated in City Code Title 12-5-7 (D). 10. The lowest floor of the future house on Tract A must be at least three feet above the seasonal high water mark or one foot above the 100-year flood elevation, whichever is higher. Approved by the City Council of the City of Andover on this 16th day of December, 2003. CITY OF ANDOVER r:1't ATTEST: (L~~ IJ.Lb Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 167-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 03-1 , FOR PRAIRIE KNOLL PARK/WELL CONSTRUCTION . WHEREAS, pursuant to Resolution No. 152-03 , adopted by the City Council on the 2nd day of September , 2003, Anderson-Johnson Associates. Inc. has prepared final plans and specifications for Project 03-1 for Prairie Knoll Park/Well Construction WHEREAS, such final plans and specifications were approved by the City Council on the 16th day of September , 2003 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Engineer to obtain bids as required by law, with such bids to be opened at 10:30 A.M. , September 22 , 2003 at the Andover City Hall. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 7th day of October . 2003 , with Council members Trude. Kniqht. Ortlel. Jacobson. Gamache voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: ~~~ -4 , Ichael . Gamac e - Mayor /J-<~<J tl# Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 166-03 MOTION by Council member Trude to adopt the following: A RESOLUTION REJECTING QUOTES FOR THE IMPROVEMENT OF PROJECT NO. 03-1 ,FOR PRAIRIE KNOLL PARK/WELL CONSTRUCTION . WHEREAS, pursuant to advertisement for quotes as set out in Council Resolution No. 162-03 ,dated September 16, 2003, quotes were received, opened and tabulated according to law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby reject quotes. MOTION seconded by Council member Kniaht and adopted by the City Council at a reaular meeting this 7th day of October . 2003 . with Council members Trude. Kniaht. Orttel. Jacobson. Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~R~~~ ~~ M' ael R. Gamache - Mayor iLt:;, ~ !/& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 162-03 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND AUTHORIZE OBTAINING QUOTES FOR PROJECT NO. 03-1 , FOR PRAIRIE KNOLL PARK/WELL CONSTRUCTION . WHEREAS, pursuant to Resolution No. 152-03 , adopted by the City Council on the 2nd day of September , 2003, Anderson- Johnson Associates, Inc. has prepared final plans and specifications for Project_ 03-1 for Prairie Knoll Park/Well Construction WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of September , 2003 . 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 September 29 ,2003 at the Andover City Hall. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 16th day of September ,2003, with Councilmembers Trude. Jacobson. Orttel. Kniqht. Gamache (absent) voting in favor of the resolution, and Council members against, whereupon said resolution was declared passed. none voting CITY OF ANDOVER ATTEST: Kennet dzu-/ O>C'b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. /5Q.-o3 A RESOLUTION MODIFYING (RES. NO. 133-03) AUTHORIZING THE EXPENDITURE OF FUNDS FOR PHASE II IMPROVEMENTS (well and irrigation system $150,000) AT PRAIRIE KNOLL PARK FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R174-90 established a Permanent Improvement Revolving (PIR) Fund containing a Capital Improvement Account designed to fund capital expenditures; and WHEREAS, The City Council has approved the Phase II improvements ('o',ell and irrigation system $150,000) at Prairie Knoll Park Proiect that is not fully funded; and WHEREAS, the City Council has desires to expedite Phase II impnwements at the Prairie Knoll Park Proiect with initial funding from the PIR Fund Capital Improvement Account; and WHEREAS, the City Park Improvement Fund will repay the funding from the PIR Fund over five years, $30,000 annually starting in 2004 without interest. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover authorizes the expenditure of funds from the PIR Fund Capital Improvement Account in the amount of $150,000 with repayment from the City Park Improvement Fund over five years, $30,000 annually starting in 2004 without interest. Adopted by the Andover City Council on the 2nd day of September 2003. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria V olk - City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER. MlNNESOTA HELD: December 16, 2003 K...ES. rJ{). ~ 31-()3 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 16th day of December, 2003, at ~ o'clock ~.M., for the purpose, in part, of authorizing the issuance of, and awarding the sale of, $400,000 General Obligation Equipment Certificates, Series 2003C of the City. The following members were present: Mike Gamache, Don Jacobson, Mike Knight, Ken Orttel, Julie Trude and the following were absent: None Member Jacobson introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $400,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2003C, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $400,000 General Obligation Equipment Certificates, Series 2003C (the "Certificates") of the City, pursuant to Minnesota Statutes, Chapter 475 and Minnesota Statutes, Section 412.301, for the purpose of providing money to finance the acquisition of certain capital equipment for the City (the "Equipment"); and B. WHEREAS, the Equipment has an expected useful life at least as long as the final maturity of the Certificates; and C. WHEREAS, the amount ofthe Certificates to be issued does not exceed one- quarter of one percent (0.25%) of the market value of the taxable property in the City; and D. WHEREAS, the Certificates are being sold pursuant to a private sale as permitted by Minnesota Statutes, Sections 412.301 and 475.60, Subdivision 2(1); and 1597983vl NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Offer. The offer of First Regions Bank (the "Purchaser"), to purchase the Certificates of the City (or individually, a "Certificate"), in accordance with the terms established therefor and at the rates of interest hereinafter set forth, and to pay therefor the sum of par, is hereby accepted. 2. Title: Original Issue Date: Denominations: Maturities. The Certificates shall be titled "General Obligation Equipment Certificates, Series 2003C", shall be dated the date of delivery, as the date of original issue and shall be issued forthwith on or after such date as fully registered certificates. The Certificates shall be numbered from R-l upward in the denomination of $1 ,000 each or in any integral multiple thereof of a single maturity. The Certificates shall mature on December 1 in the years and amounts as follows: Year Amount 2004 $154,000 2005 122,000 2006 124,000 3. Pumose. The Certificates shall provide funds for the Equipment. The total cost ofthe Equipment, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount ofthe Certificates herein authorized. 4. Interest. The Certificates shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing June 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: Maturity Interest Year Rate 2004 1.50% 2005 1.50 2006 1.50 5. Redemption. All Certificates shall be subject to redemption and prepayment at the option of the City on any date at a price of par plus accrued interest. Redemption may be in whole or in part. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Certificates having a common maturity date are called for prepayment, the specific Certificates to be prepaid shall be chosen by lot by the Certificate Registrar. Certificates or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent (if other than the City) and to each affected registered holder of the Certificates. 1597983vl 2 / , To effect a partial redemption of Certificates having a common maturity date, the Certificate Registrar prior to giving notice of redemption shall assign to each Certificate having a common maturity date a distinctive number for each $1,000 of the principal amount of such Certificate. The Certificate Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Certificates, as many numbers as, at $1,000 for each number, shall equal the principal amount of such Certificates to be redeemed. The Certificates to be redeemed shall be the Certificates to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Certificate of a denomination of more than $1,000 shall be redeemed as shall equal $1,000 for each number assigned to it and so selected. If a Certificate is to be redeemed only in part, it shall be surrendered to the Certificate Registrar (with, ifthe City or Certificate Registrar so requires, a written instrument oftransfer in form satisfactory to the City and Certificate Registrar duly executed by the holder thereof or his, her or its attomey duly authorized in writing) and the City shall execute (if necessary) and the Certificate Registrar shall deliver to the Holder of such Certificate, without service charge, a new Certificate or Certificates of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Certificate so surrendered. 6. Certificate Registrar. The Finance Director of the City, is appointed to act as certificate registrar and transfer agent with respect to the Certificates (the "Certificate Registrar"), and shall do so unless and until a successor Certificate Registrar is duly appointed. Any successor Certificate Registrar shall act as certificate registrar and transfer agent pursuant to any contract the City and successor certificate registrar shall execute which is consistent herewith. The Certificate Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in the manner set forth in the form of Certificate and paragraph 12 of this resolution. 7. Form of Certificate. The Certificates, together with the Certificate of Registration, the Register of Partial Payments, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1597983vl 3 UNITED STATES OFAMEroCA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION EQUIPMENT CERTIFICATE, SERIES 2003C INTEREST RATE % MATDroTY DATE DECEMBER 1,20_ DATE OF OroGINAL ISSUE DECEMBER 18, 2003 REGISTERED OWNER: FIRST REGIONS BANK PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that 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, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing June 1,2004, at the rate per annum specified above (calculated on the basis ofa 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Certificate will bear interest from the most recent Interest Payment Date to which interest has been paid or, ifno interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Certificate are payable upon presentation and surrender hereof by the Finance Director of the City of Andover, Minnesota (the "Certificate Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Certificate is registered (the "Holder" or "Certificateholder") on the registration books of the Issuer maintained by the Certificate Registrar and at the address appearing thereon at the close of business on the fifteen 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 Certificate Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Certificateholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Certificate are payable in lawful money ofthe United States of America. Redemption. All Certificates of this issue (the "Certificates") are subject to redemption and prepayment at the option ofthe Issuer on any date at a price of par plus accrued 1597983vl 4 interest. Redemption may be in whole or in part. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Certificates having a common maturity date are called for prepayment, the specific Certificates to be prepaid shall be chosen by lot by the Certificate Registrar. Certificates or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent (if other than the Issuer) and to each affected Holder ofthe Certificates. Selection of Certificates for Redemption: Partial Redemption. To effect a partial redemption of Certificates having a common maturity date, the Certificate Registrar shall assign to each Certificate having a common maturity date a distinctive number for each $1,000 of the principal amount of such Certificate. The Certificate 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 Certificates, as many numbers as, at $1,000 for each number, shall equal the principal amount of such Certificates to be redeemed. The Certificates to be redeemed shall be the Certificates to which were assigned numbers so selected; provided, however, that only so much ofthe principal amount of such Certificate ofa denomination of more than $1,000 shall be redeemed as shall equal $1,000 for each number assigned to it and so selected. If a Certificate is to be redeemed only in part, it shall be surrendered to the Certificate Registrar (with, ifthe Issuer or Certificate Registrar so requires, a written instrument oftransfer in form satisfactory to the Issuer and Certificate Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Certificate Registrar shall deliver to the Holder of such Certificate, without service charge, a new Certificate or Certificates of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion ofthe principal ofthe Certificate so surrendered. Issuance: Pumose: General Obligation. This Certificate is one of an issue in the total principal amount of $400,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Certificate has been 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 of the Issuer on December 16,2003 (the "Resolution"), for the purpose of providing money to finance the acquisition of certain capital equipment for the Issuer. This Certificate is payable out of the General Obligation Equipment Certificates, Series 2003C Fund ofthe Issuer. This Certificate constitutes a general obligation ofthe Issuer, and to provide moneys for the prompt and full 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. Denominations: Exchange: Resolution. The Certificates are issuable solely as fully registered certificates in the denominations of $1 ,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Certificates of other authorized denominations in equal aggregate principal amounts at the principal office ofthe Certificate Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description ofthe rights and duties ofthe 1597983vl 5 Certificate Registrar. Copies ofthe Resolution are on file in the principal office of the Certificate Registrar. Transfer. This Certificate is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office ofthe Certificate Registrar upon presentation and surrender hereof to the Certificate Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Certificate Registrar. Thereupon the Issuer shall execute and the Certificate Registrar shall deliver, in exchange for this Certificate, one or more new fully registered Certificates in the name ofthe transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Certificate, ofthe same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Certificate Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange ofthis Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment of Registered Owners. The Issuer and Certificate Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided above with respect to the Record Date) and for all other purposes, whether or not this Certificate shall be overdue, and neither the Issuer nor the Certificate Registrar shall be affected by notice to the contrary. Qualified Tax-Exempt Obligation. This Certificate has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b )(3) ofthe Internal Revenue Code of 1986, as amended. 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 Certificate, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and th1.t this Certificate, 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. 1597983 v 1 6 IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Certificate to be executed on its behalf by the manual signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: THE FINANCE DIRECTOR OF THE CITY OF ANDOVER, MINNESOTA Payable at: OFFICE OF THE FINANCE DIRECTOR OF THE CITY OF ANDOVER, MINNESOTA December 18, 2003 CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA .7-/c::?'d-/ May ..#,~~~ Clerk, If; 1597983vl 7 CERTIFICATE OF REGISTRATION The transfer of ownership of the principal amount of the attached Certificate may be made only by the registered owner or his, her or its legal representative last noted below. DATE OF REGISTRATION REGISTERED OWNER SIGNATURE OF CERTIFICATE REGISTRAR December 18. 2003 1597983v1 8 REGISTER OF PARTIAL PAYMENTS The installment of principal amount of the attached Certificate has been prepaid on the dates and in the amounts noted below: DATE AMOUNT SIGNATURE OF CERTIFICATE HOLDER SIGNATURE OF CERTIFICATE REGISTRAR If a notation is made on this register, such notation has the effect stated in the attached Certificate. Partial payments do not require the presentation of the attached Certificate to the Certificate Registrar, and a Holder could fail to note the partial payment here. ., , 1597983v1 9 ABBREVIATIONS The following abbreviations, when used in the inscription on the face ofthis Certificate, 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) under the (Minor) Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 1597983v1 10 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Certificate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Certificate 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 Certificate Registrar will not effect transfer ofthis Certificate unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners ifthe Certificate is held by joint account.) 1597983v1 11 8. Execution; Certificates. The Certificates shall be executed on behalf of the City by the manual signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed facsimile; and provided further that the corporate seal may be omitted on the Certificates as permitted by law. In the event of disability or resignation or other absence of either such officer, the Certificates may be signed by the manual signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature shall appear on the Certificates shall cease to be such officer before the delivery ofthe Certificates, such signature shall nevertheless be valid and sufficient for all purposes, the same as ifhe or she had remained in office until delivery. The City may elect to deliver, in lieu of printed certificates, one or more typewritten certificates in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single certificate. 9. Date of Registration. The Certificate Registrar shall insert as a date of registration the date of original issue, which date is December 18, 2003. 10. Recistration: Transfer; Exchange. The City will cause to be kept at the principal office ofthe Certificate Registrar a certificate register in which, subject to such reasonable regulations as the Certificate Registrar may prescribe (if other than the City), the Certificate Registrar shall provide for the registration of Certificates and the registration of transfers of Certificates entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Certificate at the principal office of the Certificate Registrar, the City shall execute (if necessary), and the Certificate Registrar shall insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Certificates of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Certificate may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Certificates may be exchanged for Certificates of any authorized denomination or denominations of a like aggregate principal amount and stated maturity, upon surrender ofthe Certificates to be exchanged at the principal office of the Certificate Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if necessary), and the Certificate Registrar shall insert the date of registration of, and deliver the Certificates which the Holder making the exchange is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Certificate Registrar and thereafter disposed of as directed by the City. All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the 1597983v1 12 Certificate Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Certificate 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 Certificate and any legal or unusual costs regarding transfers and lost Certificates. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Certificate Registrar (if other than the City), including regulations which permit the Certificate Registrar to close its transfer books between record dates and payment dates. 11. Rights Upon Transfer or Exchange. Each Certificate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall carryall the rights to . interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 12. Interest Payment: Record Date. Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder") on the registration books of the City maintained by the Certificate 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 Certificate Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Certificate Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment ofRecistered Owner. The City and Certificate Registrar may treat the person in whose name any Certificate is registered as the owner of such Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Certificate and for all other purposes whatsoever whether or not such Certificate shall be overdue, and neither the City nor the Certificate Registrar shall be affected by notice to the contrary. 14. Delivery: Application of Proceeds. The Certificates when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall 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 Equipment Certificates, Series 2003C Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records ofthe City. The Fund shall be maintained in the manner herein specified until all ofthe Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Capital Account" and "Debt Service Account", respectively. 1597983v1 13 (a) Capital Account. To the Capital Account there shall be credited the proceeds of the sale ofthe Certificates. From the Capital Account there shall be paid all ' costs and expenses of acquiring the Equipment, including the cost of any purchase contracts heretofore let and all other costs incurred and to be incurred ofthe kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) any collections of all taxes herein or hereafter levied for the payment of the Certificates and interest thereon; (ii) all funds remaining in the Capital Account after acquisition ofthe Equipment and payment ofthe costs thereof; (iii) all investment earnings on funds held in the Debt Service Account; and (iv) 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 ofthe Certificates and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion ofthe proceeds ofthe Certificates 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 (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificates were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the certificates 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 Certificates to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Certificates 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: 1 597983v1 14 Year of Tax Year of Tax !&Yy' Collection Amount 2003 2004 $168,000 2004 2005 $126,000 2005 2006 $120,000 The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Certificates, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Certificates shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Certificate Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Certificate 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 Certificates called for redemption on any date when they are prepayable according to their terms, by depositing with the Certificate 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 Certificates, 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. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" ofthe Certificates, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf ofthe City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment 1597983vl 15 of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description ofthe property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the 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 Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of$100,000 or 5% of the proceeds ofthe Certificates. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance ofthe Certificates or any of the other types of expenditures described in Section 1.l50-2(d)(3) ofthe 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 of the Certificates and in all events within the period ending on the date which is the later of 18 months 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, but not more than three years after the date of the Reimbursement Expenditure. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Certificate proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Certificates are issued, shall be treated as made on the day the Certificates are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 18 upon receipt of an opinion of its Bond Counsel for the Certificates stating in effect that such action will not impair the tax-exempt status of the Certificates. 19. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Certificates, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificates and any other certificates payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 20. Certificate of Registration. The Clerk is hereby directed to file a certified copy ofthis resolution with the County Auditor of Anoka County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the 1597983v1 16 Certificates have been entered in the County Auditor's Bond Register, and that the tax levy required by law has been made. 21. Records and Certificates. The officers of the 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 Certificates, certified copies of all proceedings and records of the City relating to the Certificates 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 ofthe Certificates 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 heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 22. Negative Covenant as to Use of Proceeds and Equipment. The City hereby covenants not to use the proceeds of the Certificates or to use the Equipment, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Equipment, in such a manner as to cause the Certificates to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 23. Investment Limitations: Rebate. (a) The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States. (b) The City expects to satisfy the six month expenditure exemption to rebate provided for in Section 148(f)(4)(B) ofthe Code. 24. Designation of Oualified Tax-Exempt Obligations. In order to qualify the Certificates as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Certificates are issued after August 7, 1986; (b) the Certificates are not "private activity bonds" as defined in Section 141 ofthe Code; (c) the City hereby designates the Certificates as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501 (c )(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2003 will not exceed $10,000,000; and 1597983v1 17 (e) not more than $10,000,000 of obligations issued by the City during Qris calendar year 2003 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 25. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 26. 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 Knight and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Gamache, Jacobson, Knight, Orttel, Trude and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. I , 1597983v1 18 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 of said City, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of, and awarding the sale of, $400,000 General Obligation Equipment Certificates, Series 2003C of said City. WITNESS my hand this 16th day of December, 2003. ~~ Clerk, , ) 1597983v1 19