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" "'''' '~.' ¡;;,,~, ',,~ ;R, ,¡¡ffi, is':,i''~ ¡~ i~ ."$.,,.., t",'"''' '~', ·ff ß·· ~ :N,,~ ,~,(jj. /_, ,~, fOCi, "0\.,<=,, i~! cU"!, ,,(1); .?-~, ,~, .§{6~~J~' ;,~, ¡~' . ; t§ ;$g ~ 1~ ~\iC?: ì~t I~& ~ ~e;. ~:)~ ~ "jll):~: ,t;::-·~1Ii:~0\:.'=t ~ ,:¡'¡",:!} ',If¡ ~".~':g.~ ,If¡ ~;,.. ,~~.~~c>Q ~ ~,~ i¡¡¡¡~""'~¡p,¡"~ 'm~~' ¡ì\! '~~~ ,;~, "'" ~,~ ¡~ c~' on ;'~ll~l¡h {;i's" '(,i ;r~, ~!¡ ¡¡~ 'Ii ~.~ ¡;!~J ~~ 1f~ ~:I ¡~ fj rà~lii~~ \\¡¡ rr1 ~!f.I~ t~¡ ~~ Mim;)~ ~?; f~; ~œ ¡¡~fi' ·.'.'1,), CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 190-02 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. 02-45, IN THE CONSTANCE CORNERS. WHEREAS, the City Council has received a petition, dated November 20. 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 $1.000,00 3. The proposed improvement is hereby referred to WSB and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a reQular meeting this 1 ih day of December ,2002, with Councilmembers Trude. Ortlel. Gamache. KniQht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~-1~ Michael R. Gamache - Mayor 11~ ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R189-02 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF 'CONSTANCE CORNERS' FOR BRUEGGEMAN HOMES ON PROPERTY LOCATED IN SECTION 14, TOWNSHIP 32 RANGE 24, LEGALLY DESCRIBED AS: 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 OF THE BURLINGTON NORTHERN AND SANTA FE RAILROAD. 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. WHEREAS, the applicant has petitioned to vary from the cul-de-sac length provision of Ordiance 10. WHEREAS, the City Council finds that the special circumstances for the proposed project are as follows; 1. An extension of Sycamore street from the south would not be able to be connected to another road due to the wetlands surrounding. 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, 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: 1. A variance to Ordinance 10, cul-de-sac length is approved based on the findings stated in this resolution. 4 2. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Transportation Department, and any other agency that may be interested in the site. 3. Contingent upon the approval of the Rezoning of the property to R-4 Single Family Urban Residential. If this request fails to be approved, in whole or in part, the preliminary plat shall be considered null and void. 4. Park and trail dedication per Ordinance No. 10, Section 9.07 based on the fee Ordinance in effect at the time of final plat approval. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 6, Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. 7. Contingent upon outlot A existing only for the purpose of purchase and absorption of the adjacent property to its south at the time of final plat. Adopted by the City Council of the City of Andover this 17 day of December, 2002, CITY OF ANDOVER ATTEST: /l:i;;;.. , ()~ Victoria V olk, City Clerk 5 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 188-02 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. 02-48, IN THE SHADY OAK COVE. WHEREAS, the City Council has received a petition, dated December 9, 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 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 1th day of December ,2002, 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: ~ 1)& Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO R187-02 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "SHADY OAK COVE" FOR PENTA MANAGEMENT GROUP ON PROPERTY LOCATED IN SECTION 20, TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS: 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 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 500 foot maximum cul-de-sac length provision of Ordinance 10, Section 9.03 to allow two cul-de-sacs to exceed this requirement. The north cul-de-sac of Eagle Street will be approximately 570 feet in length. The south cul-de- sac of Eagle Street will be approximately 740 feet in length and will to approximately 900 feet in the future. WHEREAS, the City Council finds that the special circumstances for the proposed variance are as follows: 1. There is no other feasible way to provide access into or out of the subject property due to the location of wetlands, County roadways and the location of existing development to the south. 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. Park dedication and trail fees per Ordinance No, 10, Section 9.07, based on the rate in effect at the time of final plat approval. 4. Variances for the length of both the north and south extension~ of Eagle Street are granted based on the fmdings included in this resolution. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines, 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 17th day of December, 2002. CITY OF ANDOVER A~: ~¡:,,;¿//d~ ' :...-()~ Victoria V olk, City Clerk Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 186-02 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. 02-49, IN THE WOODLAND ESTATES 41H ADDITION. WHEREAS, the City Council has received a petition, dated December 6. 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 Councilmember Kniqht and adopted by the City Council at a reqular meeting this 1th day of December ,2002, 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: Œ,'/;;,:" ¿~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R185-02 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WOODLAND ESTATES FOURTH ADDITION" FOR WOODLAND DEVELOPMENT ON PROPERTY LOCATED IN SECTION 22, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: The north half of the southwest quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, the applicant has requested a variance to the 500 foot maximum cul-de-sac length provided in Ordinance 10, Section 9.03 to allow a cul-de-sac for Uplander Street NW that will measure approximately 550 feet length; WHEREAS, the City Council finds that the special circumstances for the proposed variance are as follows: 1. The extended length of the cul-de-sac is desired by the City Council to prevent a roadway connection to I 52nd Lane. 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: I. 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. The location of the neighborhood park shall be as determined by the Park and Recreation Commission and so indicated on the final plat. Park dedication fees shall be reduced accordingly per Ordinance No. 10, Section 9.07, based on the rate in effect at the time of final plat approval. 4. Park dedication and trail fees per Ordinance No. 10, Section 9.07, based on the rate in effect at the time of final plat approval. 5. A temporary easement shall be created upon each lot affected by the fann access road. The easement shall be structured to expire upon sale of the property owned by the grantor of the easement. 6. An on street trail shall be provided along the south side of 152nd Lane. A five foot wide off street sidewalk shall also be provided along the south side of 152nd Lane. The cost of the on street trail shall be the responsibility of the City. The cost of the off street sidewalk shall be the responsibility of the developer. 7. A variance for the length of the Uplander Street cul-de-sac is granted based on the fIndings listed in this resolution. 8. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 9. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A fInancial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 17th day of December, 2002. CITY OF ANDOVER ATTEST: 'r;,¿? /l;;/;-U-..- ();-/.t.- ~ ~ /~- Victoria Volk, City Clerk ichael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R184-02 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "NORTH LAKE RIDGE" FOR ROUND LAKE DEVELOPMENT COMPANY ON PROPERTY LOCATED IN SECTION 20, TOWNSHIP 32, RANGE 24, LEGALLY DESCRIBED AS: (20-32-24-11-0020) The Northeast Quarter of the Northeast Quarter of Section 20, Township 32, Range 24, Anoka County, Minnesota, except that part described as follows: Beginning at the Northeast comer of said Quarter Quarter; thence South along East line thereof 891.5 feet; thence West parallel with North line of said Quarter Quarter 596 feet; thence North parallel with said East line 110 feet to intersection with a line parallel with said North line and drawn West from a point on said East line 781.5 feet South of said Northeast comer; thence West along said line to its intersection with a line drawn South at right angles from a point on said North line 825 feet West of said Northeast comer; thence North along said line 517.49 feet to a point 264 feet South of said North line; thence West to West line of said Quarter Quarter; thence North along said West line to Northwest comer thereof; thence East along said North line to the point of beginning, Except Parcel 75, Anoka County Highway Right-of-Way Plat No. 14. (R20-32-24-11-0007) & (R20-32-24-11-0008) That part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 32, Range 24, Anoka County, described as follows: Commencing at the Northeast comer of said Section 20; thence South along the East line of the Northeast Quarter of the Northeast Quarter a distance of781.50 feet to the actual point of beginning of the tract to be described; thence West, parallel with the North line of said Northeast Quarter of the Northeast Quarter a distance of 596.00 feet; thence South, parallel with the East line of said Northeast Quarter of the Northeast Quarter a distance of 110.00 feet; thence East, parallel with the North line of said Northeast Quarter of the Northeast Quarter a distance of 596.00 feet to the East line of said Northeast Quarter of the Northeast Quarter; thence North, along said East line a distance of 110.00 feet to the point of beginning. Except Parcel 74, Anoka County Highway Right-of-Way Plat No. 14. (R20-32-24-11-0010) That part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the Northeast comer of said Section 20, thence South along the East line of said Northeast Quarter ofthe Northeast Quarter, a distance of781.5 feet to the actual point of beginning of tract to be described; thence North along last described course a distance of 13 8 r feet; thence West parallel with the North line of said Northeast Quarter of the Northeast Quarter, a distance of264 feet; thence North, parallel with the East line of said Northeast Quarter of the Northeast Quarter a distance of 183.90 feet; thence West parallel with the North line of said Northeast Quarter of the Northeast Quarter a distance of 562,81 feet to its intersection with a line drawn South at right angles from a point on the North line of said Northeast Quarter of the Northeast Quarter, distant 825 feet West, (as measured along said North line) ftom the Northeast comer thereof; thence South on said line a distance of321.90 feet to its intersection with a line drawn West ftom the point of beginning and parallel with the North line of said Northeast Quarter, thence East on said parallel line to the point of beginning. Except Parcel 75, Anoka County Highway Right,of- Way Plat No. 14. Together with an easement for septic system drainfield purposes over the following described tract: That part of the Northeast Quarter of the Northeast Quarter, Section 20, Township 32, Range 24, described as follows: Commencing at a point on the East line of said Northeast Quarter distant 781.5 feet South of the Northeast comer thereof; thence West and parallel with the North line of said Northeast Quarter a distance of200 feet to the actual point of beginning; thence continue West and parallel with said North line a distance of 60 feet; thence South and parallel with the East line of said Northeast Quarter a distance of 60 feet; thence East and parallel with said North line to its intersection with a line parallel with and distant 200 feet West of said East line; thence North along said parallel line a distance of 60 feet to the point of beginning. Subject to restrictions, reservations, or easements of record, if any. 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 preliminary plat. WHEREAS, the applicant has petitioned to vary ftom the 2.5 acre minimum lot size requirement of the Single Family Rural Residential Zoning District (R-I) for Lot 5, Block I, and to varyftom the 300 foot minimum lot width requirement of the Single Family Rural Residential Zoning District (R-I) for Lot 4, Block I; WHEREAS, the City Council finds that the special circumstances for the proposed project are as follows: 1. The underlying property for Lot 4, Block I is currently 138 feet wide at the ftont setback line. The proposal will not change the width of the property at this location, but will provide access to the extension of I 56th Avenue NW at the southwest comer of the new lot. 2. At present, Lot 5, Block I is 110 feet wide and contains approximately 1.34 acres. The proposal would widen the property to 209 feet and increase the lot area to 1.3 8 acres, 3. Existing features such as wetlands, trees and the odd shape of the property provide development constraints. The proposal integrates two existing homes into the plat and decreases the non-confonnity for both situations. WHEREAS, the applicant has petitioned to vary from the 150 foot wide by 150 deep buildable area requirement as required by Ordinance 10, Section 9 to allow one of the buildable area dimensions to be 140 feet for Lot 3, Block 2; WHEREAS, the City Council finds that the special circumstances for the proposed variance are as follows: 1. Lot 3, Block 2 will exceed the area requirement by providing 37,500 square feet and the reason for the variance is to save a number of mature trees on the site. 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 approvals and pennits 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. The applicant shall be required to comply with any additional requirements provided by the Anoka County Highway Department. 3. Park dedication and trail fees per Ordinance No. 10, Section 9.07, based on the rate in effect at the time of final plat approval. 4. Variances for the lot width of Lot 4, Block 1 and the lot area of Lot 5, Block 1 as well as a variance to allow a 140 foot wide buildable area for Lot 3, Block 2 are granted based on the findings in this resolution. 5. The extension of 156th Avenue east of Quay Street NW shall be constructed at the cost of the developer. 6. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 7. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure typical subdivision improvements will be completed. Adopted by the City Council of the City of Andover this 17th day of December, 2002. CITY OF ANDOVER ATTEST: !k~ fJd£- ~R4~ Victoria Volk, City Clerk -Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO 183-02 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2003 BUDGET AND 2003 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 ITom 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 30, 2002; 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, 2002. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2003 City of Andover Budget and the 2003 property tax levy totaling $6,223,525 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2003 City of Andover Budget by fund type as fol!ows: .ŒVENUES EXPENDITURES General Fund $ 7,077,215 General Fund $ 7,355,002 Special Revenue Funds 664,124 Special Revenue Funds 738,578 Debt Service Funds 5,915,442 Debt Service Funds 5,899,934 Capital Projects Funds 10,272,381 Capital Projects Funds 13,723,624 Enterprise Funds 3,226,297 Enterprise Funds 4,153,033 Internal Service Funds 670.944 Internal Service Funds 721.802 Total $27,826.403 Total $32.591.973 Adopted by the City of Andover this 17th day of December 2002, CITY OF ANDOVER ~~ U ATTEST: ichael R, Gamache - Mayor ~ (J./L; Victoria Volk - City Clerk Attachment A CITY OF ANDOVER, MINNESOTA 2003 Property Tax Levy 2003 Levy Amount General Fund Levy $ 4,505,780 Debt Service Funds Levy 1999 G.O, Equip Cert. 301,980 2001 G.O. Equip Cert. 274,404 2003 G.O, Equip Cert, 200,000 Total Debt Levy 776,384 Other Levies Fire Relief 43,750 Capital Projects Capital Equipment/Projects 203,200 Parks Projects 50,800 Road & Bridge ' 619,611 Lower Rum River Watershed 24,000 Total Other Levies 941,361 Gross City Levy $ 6,223,525 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. 183-02 adopting the City of Andover 2003 Budget and 2003 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 17th day of December 2002. d ,i;~ (ilL Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTIONNO,182-02 A RESOLUTION ESTABLISHING COMMUNITY CENTER PARTNERSHIP PRINCIPLES AND VALUES BETWEEN THE CITY OF ANDOVER AND TIlE YMCA OF ME1ROPOLITAN MINNEAPOLIS WHEREAS, it is the mission of the YMCA to develop the whole person - spirit, mind and body through character developing programs that build strong kids, strong families and strong communities; WHEREAS, it is the intent of the City of Andover to provide a multi-purpose community facility that offers a variety of community-based recreational, edncational, social and athletic activities and programs. WHEREAS, it is the desire of the YMCA of Metropolitan Minneapolis and the City of Andover to develop a community center in the City of Andover honsing a field honse/gymnasium, aquatics center, and ice arena; WHEREAS, the YMCA is committed to taking a leadership role in developing a community center in the City of Andover. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE YMCA AND THE CITY COUNCIL OF THE CITY OF ANDOVER: I) That the YMCA and the City of Andover establish a partnership for the purpose of developing, constructing and managing a community center to be located in the City of Andover; 2) That the design, development, construction and operation of such facility be based on the following principles and values: a. That the facility be constructed in a cost-effective, aesthetically pleasing and attractive manner consistent with values that incorporate high quality workmanship, durability of design and material, a reasonable level of attractiveness, usability and efficiency; b, That the facility design team will include staff representation ITom the YMCA to consider YMCA operational needs and incorporate appropriate design characteristics; c. Sound financial principles based on user fees, capital campaign IUndraising, and other sources oflUnding deemed appropriate to support the construction and operation of the facility; d, That the operation of the facility be conducted in a business, like manner with the intent of supporting facility operations primariJy through public and private use, with minimal public subsidy; e, Partnership principles will be based on a commitment of mutual respect, open communication and appreciation in the meeting the needs of both the City of Andover and the YMCA of Metropolitan Minneapolis; and f That the YMCA's facility lease commitment shall be dependent on meeting established fundraising targets prior to construction beginning on the facility 3) That, within available resources, the YMCA will endeavor to accommodate all who wish to participate in YMCA programs and services. 4) That no one will be denied access to YMCA programs or services based solely on an inability to pay. 5) That the YMCA and the City of Andover will develop a special membership incentive for residents of the City of Andover. 6) That the City of Andover will underwrite the capital costs of the entire facility, with the YMCA agreeing to a lease period sufficient to cover the period of debt repayment underwriting the construction of the facility. The City and YMCA will negotiate the tenns and conditions of the lease agreement separately regarding issues of mutual concern. 7) That the City of Andover and YMCA will jointly direct and manage all functions and services provided in the facility through a separate joint nse agreement; 8) That a Community Board, appointed as outlined in YMCA Bylaws and Constitution, will be developed to support YMCA activities; 9) That the City of Andover and the YMCA will jointly participate in a Capital Campaign fundraising effort in which the name of the YMCA can be used to solicit funding for the facility. 10) That a five (5) member Community Center Advisory Board will be established by the City of Andover to oversee the facility and advise the City Council. Members will be appointed by the Andover City Council, which will include (I) one pennanent seat for YMCA representation. Adopted by the City Council of the City of Andover this 17" day of December. 1002. CITY OF ANDOVER Ji~ - Harold Mezile ~ President & CEO YMCA of Metropolitan Minneapolis Attest: I~ fi¿¿ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R18l-02 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF BRUGGEMAN PROPERTIES, LLC FOR AREA IDENTIFICATION SIGNS ON PROPERTY LEGALLY DESCRIBED AS: 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 OF THE BURLINGTON NORTHERN AND SANTA FE RAILROAD. WHEREAS, Bruggeman Properties LLC has requested a Special Use Permit for two area identification signs. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8 Section 5.03, 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 area identification signs on said property with the following conditions: 1. The area identification signs comply with Andover ordinances. 2. Contingent upon approval ofthe Constance Comers preliminary plat. Adopted by the City Council of the City of Andover on this 17th day of December, 2002. CITY OF ANDOVER ¿~:;? A---L' , V::. é::;..'C '" ATTEST: /Michael R. Gamache, Mayor (~ U¿¿ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RI80-02 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT FOR AN AREA IDENTIFICATION SIGN TO BE LOCATED WITHIN THE WOODLAND ESTATES 4TH ADDITION PLAT ON PROPERTY LEGALLY DESCRIBED AS; The north half of the southwest quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, Woodland Development has requested a Special Use Permit for an Area Identification Sign to be located within the Woodland Estates 4th Addition Plat; 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 8.07; 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, 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 on said property permitting Area Identification Sign to be located within the Woodland Estates 4th Addition Plat subject to the following: 1. Review of the proposed sign by the Andover Review Committee and issuance of a sign permit in conformance with Ordinance 8, Section 8.07. 2. Contingent upon approval of the preliminary plat for Woodland Estates 4th Addition. Adopted by the City Council of the City of Andover on this 17th day of December, 2002. CITY OF ANDOVER ~", }~ ATTEST: . ichael R. Gamache, Mayor ~ /Jþ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RI79-02 A RESOLTION APPROVING THE LOT SPLIT REQUEST FOR WOODLAND DEVELOPMENT TO SPLIT A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS AT 15212 NIGHTINGALE STREETN.W. The property to be divided into two single-family residential lots legally described as: Parcel A The North Half of The North Half of The Southwest Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota, lying northerly of WOODLAND ESTATES SECOND ADDITION, except the north 418.36 feet of the east 340,00 feet thereof. Subject to Nightingale Street N.W. over the easterly 60.00 feet thereof. Parcel B The north 418.36 feet of the east 340.00 feet of the North Half of the North Half of the Southwest Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota. Subject to Nightingale Street N.W. over the easterly 60.00 feet thereof. WHEREAS, woodland Development 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 fmds 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 property owner shall prepare a survey indicating a temporary easement for a farm road along the northern boarder of Parcel B, and indicate the building setbacks on Parcel B. 2. The applicant is required to dedicate a ten-foot drainage and utility easements around the perimeter of the property, and a 60-foot easement along Nightingale Street in favor of Anoka County to convey access rights. 3. The applicant shall submit a separate easement document establishing a 10 foot drainage and utility easement around the perimeter of Parcel B. 4. Payment ofa $1)00 park dedication fee. 5. Payment ofa $412 trail fee, 6. 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 17th day of December 2002. CITY OF ANDOVER ~.Ifdj~ tMike Gamache, Mayor ATTEST: ~tJæ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 178-02 A RESOLUTION CANCELING ALL OR A PORTION OF PREVIOUSLY CERTIFIED BONDED INDEBTEDNESS FOR 2003. 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 detennined that it is prudent to cancel all or a portion of previously certified bonded indebtedness levies for 2003; 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 portion of previously certified bonded indebtedness levies for 2003 as listed on Attachment A. Adopted by the City of Andover this 17th day of December 2002. CITY OF ANDOVER ~ ATTEST: ~ ()db Victoria Volk - City Clerk Attachment A City of Andover 2003 Proposed Levv Certification Debt Levv Cancelation County Levy City Levy Canceled GENERAL OBLIGATION DEBT Scheduled Scheduled bm Variance Explanation 30 GO Improvement Bond of 1994 39,550 0 39,550 Paid by Water and Sewer Trunk Fund 32 GO Improvement Bond of 1995 18,387 0 18,387 Paid by Water and Sewer Trunk Fund 43 1999 Certificate of Indebtedness 317,000 301,980 15,020 Paid by Water and Sewer Trunk Fund 50 2001 GO Capital Equipment Cert. 278,268 274,404 3,864 Paid by Water and Sewer Trunk Fund Total $ 653,205 $ 576,384 $ 76,821 STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certifY that I have carefully compared the attached Resolution No. 178-02 adopting the City of Andover cancellations of all or a portion of previously certified bonded indebtedness levies for 2003 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 17th day of December 2002. tL~ ¡J~ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 177-02 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. WATERMAIN. STREET AND STORM SEWER , PROJECT NO. 02-47, IN THE FOXBURGH CROSSING. WHEREAS, the City Council has received a petition, dated December 9. 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 $1.000,00 3. The proposed improvement is hereby referred to the City EnQineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a reaular meeting this 1 yth day of December ,2002, with Councilmembers Trude. Ortlel, Gamache. Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ ()ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. 176-02 A RESOLUTION APPROVING COST-OF-LIVING ADJUSTMENTS FOR ALL NON- REPRESENTED EMPLOYEES FOR CALENDAR YEAR 2003. WHEREAS, cost-of-living adjustments for non-bargaining employees are in order to recognize annual inflationary increases in cost-of-living standards as measured by the Consumer Price Index (CPl), and regional economic and market-based indicators; and WHEREAS, the annual percentage adjustments of three (3) percent effective January 1, 2003 are within the expenditure guidelines established in the 2003 Budget; and WHEREAS, non-bargaining employees are defmed as those public employees not formally represented by an exclusive bargaining group as defmed under Minnesota Statute. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves cost-of- living adjustments of three (3) percent effective January 1, 2003 for all non-represented employees. Adopted by the City Council of the City of Andover on this 17th day of December, 2002. ATTEST: CITY OF ANDOVER ~ ()¿¿ Victoria Volk, City Clerk EX1RACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: December 3, 2002 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duIy held at the City Hall in said City on Tuesday, the 3rd day of December, 2002, at 7:00 o'clock P.M. The following members were present: Jacobson, Gamache, Knight, Orttel, and Trude and the following were absent: none Member Trude introduced the following resolution and moved its adoption: Resolution 175-02 RESOLUTION LEVYING A TAX FOR THE PAYMENT OF GENERAL OBLIGATION CAPITAL NOTES OF 2003 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City") proposes to issue its General Obligation Capital Notes of 2003 (the "Capital Notes") in 2003 to finance certain equipment pursuant to Minnesota Statutes, Section 412.301; and B. WHEREAS, the City proposes to levy a tax pursuant to Minnesota Statutes, Section 475.61 payable commencing in 2003 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 2003 Tax Levy. To provide moneys for payment of debt service on the Capital Notes there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with, and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Year of Tax Levy Tax Collection Amount 2002 2003 $200,000 The motion for the adoption of the foregoing resolution was duly seconded by member Orttel 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. 1472159vl STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the du1y 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 therefÌ'om insofar as the same relates to levying a tax for the payment of General Obligation Capital Notes of2003. WITNESS my hand as such City Clerk this 3rd day of December, 2002. ~()ß City Clerk 14721S9vl 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R174-2 AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER, TO CHANGE THE LAND USE DESIGNATION OF LAND FROM LOW DENSITY RESIDENTIAL (URL) TO LIMITED COMMERCIAL (LC) FOR PROPERTY LOCATED AT 13730 CROSSTOWN DRIVE, LEGALLY DESCRIBED AS: That part of the Southwest V. of the Northeast V. of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at the East V. corner of said Section 33, thence South 88 degrees, 56 minutes, 30 seconds East along the South line of the Northeast V. of said Section 33 a distance of 1808.12 feet to the intersection of centerline of County State Aid Highway No. 18, thence North 2 degrees, 36 minutes, 30 seconds East along said centerline a distance of 130.18 feet; thence Northeasterly on said centerline and on a tangential curve, concave to the Southeast having a radius of 583.95 feet for a distance of 18.25 feet to the actual point of beginning ofthe tract of land to be hereby described, thence continuing Northeasterly on said centerline and curve a distance of 256.57 feet; thence North 29 degrees, 34 minutes, 25 seconds East along said centerline and tangent to said curve a distance of 7.31 feet; thence North 63 degrees, 38 minutes, 40 seconds West a distance of 281.14 feet; thence South 29 degrees 16 minutes 50 seconds West a distance of 257.18 feet; thence South 63 degrees 22 minutes, 30 seconds East a distance of335.29 feet to the actual point of beginning. WHEREAS, the Planning Commission has reviewed the land use designation ofthe parcels described above and recommend that the land use plan be amended to change the designation of the land from Low Density Residential (URL) to Limited Commercial (LC); and WHEREAS, the basis for the change in land use is that the nature of the area is conducive to office development; and WHEREAS, the development of office land use also serves as a buffer area of low density residential located to the west and north from Crosstown Drive. WHEREAS, the City Council has reviewed the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED, THAT THE LAND USE DESIGNATION OF THE AREA DESCRIBED ABOVE BE CHANGED FROM LOW DENSITY RESIDENTIAL (URL) TO LIMITED COMMERCIAL (LC). The above is conditional upon approval of the land use plan amendment by the Metropolitan Council. Adopted by the City Council of the City of Andover this 3rd day of December 2002. CITY OF ANDOVER Attest: -;;:"~4' d~ tL;Ç~ I/Lú ~chae1 R. Gamache - Mayor Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RR173-02 A RESOLUTION APPROVING THE VARIANCE REQUEST FOR JON OLSON TO REDUCE THE SIDE YARD SETBACK FROM 10 FEET TO 8.5 FEET FOR A PROPOSED ADDITION TO EXISTING HOUSE ON PROPERTY LOCATED AT 2860 135TH AVENUE NW WHEREAS, John Olson has petitioned to vary from the side yard setback requirement as described in Ordinance 8, Section 6.02 for property located at 2860 135th Avenue NW legally described as follows: Lot 5, Block 1 Mattson and Degardner's Crooked Lake Addition, Anoka County, Minnesota WHEREAS, the City Council finds that the proposed addition will not have a detrimental effect on neighboring properties due to the minimal encroachment into the side yard setback, the location of a fence between the proposed addition and the property to the west, and the fact that the living space between the two properties will be separated by a garage, and; WHEREAS, the west wall of the existing garage will provide structural support for the renovation of the existing garage as well as the addition and a hardship would be created if the applicant were required to remove and relocate the existing structural wall to provide an additional 1.5 foot setback, and; WHEREAS, The property line is angled slightly away from the structure allowing the setback to increase to 9.5 feet at the rear of the proposed structure, and; 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 8.5 feet for a proposed addition to existing house at 2860 135th Avenue NW. Adopted by the City Council of the City of Andover on this 3rd day of December, 2002. CITY OF ANDOVER ATTEST: ~' IWb u~ . Victoria V olk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. Rl72-02 A RESOLUTION DENYING THE LOT SPLIT REQUEST TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS WITH VARIANCES TO THE MINIMUM LOT WIDTH AND LOT SIZE REQUIREMENTS OF THE SINGLE FAMILY RURAL RESIDENTIAL (R-1) ZONING DISTRICT FOR PROPERTY LOCATED AT 16030 MAKAR STREET NW 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 Ordinance No, 40, located at 16030 Makah Street NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance No.8 and 40; and WHEREAS, The Planning and Zoning Commission and City Council find that there are not sufficient findings to support variances to the minimum lot width of the Single Family Rural Residential Zoning District (R -1); and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and denies the lot split on said property with the following findings: 1. The lot split would not meet the Minimum District Provisions for Single Family Rural Residential (R-I) lots described in Ordinance 8, Section 6.02. 2. Findings cannot be made to substantiate the variance to the minimum lot width. 3. Approval of the proposed lot split would create a precedent that would conflict with the intent of the Single Family Rural Residential (R-1) Zoning District. Adopted by the City Council of the City of Andover on this 3rd day of December, 2002. CITY OF ANDOVER , K~ ATTEST: chael R. Gamache, Mayor ¡j;d;w ()ffi Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R171-02 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUIREMENT OF TAYLOR MADE HOMES TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OF LOT 4, BLOCK 1 CREEKSIDE ESTATES 2nd ADDITION WHEREAS, Taylor Made Homes have requested to vacate a portion of a drainage and utility easement located on Lot 4, Block 1, Creekside Estates 2nd Addition, legally described on Exhibit A dated Jooe 11, 2002, 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 Cooocil of the City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following conditions: 1. That the request is subject to a sooset clause. If the City Cooocil determines that no significant progress has been made within the first twelve months from the approval date the resolution shall be null and void. Adopted by the City Cooocil of the City of Andover on this 3rd day of December 2002. CITY OF ANDOVER r~~ 'L.L ATTEST: ike Gamache, Mayor ILJ;:~) (J~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO ] 70-02 A RESOLUTION APPROVING THE FINAL PLAT OF "AZTEC ESTATES" BEING DEVELOPED BY HARSTAD ffiLLS, INC, LOCATED ALONG THE NORTH SIDE OF BUNKER LAKE BOULEVARD AT BLACKFOOT STREET IN SECTION 29, TOWNSffiP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: The Southwest quarter of the Southwest quarter of Section 29, Township 32 North, Range 24 West, except that part thereof described as follows: Beginning at the Southeast corner of the Southwest quarter of the Southwest quarter, thence Westerly along the South line thereof 550.0 feet; thence Northerly parallel with the East Line of the Southwest quarter of the Southwest quarter 500.0 feet; thence Northeasterly to a point on said East line 214 feet Southerly of the Northeast corner of the Southwest quarter of the Southwest quarter; thence Southerly along said East line to the point of beginning, except that portion taken by Anoka County for Highway purposes; and also That part of the Southeast quarter of the Southwest Quarter of Section 29, Township 32 North, Range 24 West, lying Westerly of the West line of "Rosella's Addition" and Northerly of the South line of the North 7 acres of the Southeast quarter of the Southwest quarter, said South line being 1,089 feet plus or minus North of the Southwest corner of said Southeast quarter of the Southwest quarter, as measured along the West line thereof, as measured along the West line thereof, except the North I 00 feet of the East 178.75 feet thereof, 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"; 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 "Aztec Estates" for 44 townhome lots and three outlots, subject to the following conditions: I. Developer shall adhere to all conditions indicated in the preliminary plat resolution (R282- 00). 2. Developer shall adhere to all engineering department changes on the final plat drawing including the following: a) Dedicate right of access to Anoka County Highway Department on sheet I of 4. b) Dedicate additional utility and drainage aeasement on Outlot B on sheet 2 of 4. c) Add "Drainage and" to Utility easement on sheet 2 of 4. d) Change Aztec Street NW to Blackfoot Street NW on sheets 3 and 4 of 4, as required by the Building Official. 3. The City Attorney presenting a favorable title opinion. 4. Subject to the required covenant and association documents, being reviewed and approved by the City Attorney and staff, and recorded at the time of the final plat recording. 5. Developer posting of a cash escrow or letter of credit (automatically renewable) in the amount of $89,700 as surety to cover the estimated costs of the extension of Woodbine Street (pending the outcome of the Court decision regarding the wetland and drainage issues). In the event that the Court ruling does not allow for Woodbine Street to be extended, but drainage improvements are still necessary, a portion of the required cash escrow of letter of credit (automatically renewable) will be retained to guarantee their installation. The cash escrow is equal to 150% of the estimated cost of the work. 6. Developer posting of a cash escrow or letter of credit (automatically renewable) in the amount of $364,966 to cover the installation of erosion control, tree protection, monumentation, grading, clearing and grubbing of trees, as-buiIts, installation of street lights, legal, engineering, administrative fees. The surety amount is equal to 150% ofthe estimated cost of the work. 7. The final plat shall not be signed by the Mayor and Clerk until there is an executed Development Contract, escrows and financial sureties paid for the total costs ofthe required improvements on the property, 8. Receipt of all necessary drainage and utility easements (outside the plat if necessary). 9. Subject to the required trail easements being dedicated on a separate document and recorded along with the final plat. 10. Developer shall be required to pay park dedication and trail fees as recommended by the Park and Recreation Commission and approved by the City Council. The fee will be based on the current rate for 44 townhome units. The balance of the park dedication fee shall be paid at the time Outlot B is final platted into lots. Adopted by the City Council of the City of Andover this 19th day of November, 2002. CITY OF ANDOVER ATTEST: tL;t;w {J~ z:~'!~~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, 169-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 02-42 FOR SANITARY SEWER & WATERMAIN IN THE FOllOWING AREA OF 1508 _148IH lANE NW. WHEREAS, the City Council did on the 6th day of November , 2002, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the Citv Enqineer and presented to the Council on the 19th day of November ,2002; 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 $ 7.072.89 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 $ 7,072.89 and waive the Public Hearing. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 19th day of November , 2002 , 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: (Ltï:w tJdb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 168-02 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER AND/OR STREET LIGHTING 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 and/or street lighting 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 installment on or before the first Monday of January, 2003 and shall bear interest at the rate of8 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, to Connexus Energy, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution. Motion by Council member Trude; seconded by Council member Knight and adopted by the City Council of the City of Andover on this 6th day of November, 2002. CITY OF ANDOVER ATTEST: ()~ ¿J.tH Victoria Volk - City Clerk ¡chaeI R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 167-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREETS ,PROJECT NO. 00-5A/2002 MILL & OVERLAY/7TH AVENUE AREA. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2003 and shall bear interest at a rate of -º- 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 KniQht and adopted by the City Council at a reaular meeting this 6th day of November, 2002 ,with Councilmembers Jacobson, Kniqht. Ortie!. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~(ia Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R166-02 MOTION by Councilmember Knight to adopt the following: A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION HELD ON THE S1H DAY OF NOVEMBER 2002 IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. The Municipal Election was held in and for the City of Andover on the 5th day of November 2002 and was in all respects duly and legally canvassed and the votes received for each candidate are shown on the attached. The following are hereby declared and certified as those elected: Mayor - Mike Gamache (2-year term) Councilmembers - Don Jacobson, Julie Trude (4-year terms) The summary of the voter results are hereby attached and made a part of this resolution. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a Regular meeting this 6th day of November , 2002, with Councilmembers Knight. 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: ak~ !/¡£t Victoria V olk - City Clerk m o~ ~ ro o~ m (') c: "'I '< ~ ~ 0 o n ~ ~ - ~ 3 ( ) ( ) '" 3 ~ ~ '" CD ~ ~ o o ~ ~ ~ ~~^L~aoo Qm 0 00 0 2~~~ro~m œ~ m ¡r c.~-" 00 ~15 R- 3 -. So - CD:::u cC 0"...;:::;" 3 en m (J _ ~oCQ~r:-"~6r g.w'3 c. c:J=:JG')- a. ( )...... a. = _-- ...., - w w ~ tD ( ) ." o,~ 0 0 s: ::!. ~ 0",.,.., -. '" ~ :JR,-- âi Š- !'" VJ .....¡......1\,)0'1............01 <00'1 ~ -.. C)-Þ.oo-Þ....... ......œ -. o œO'lJ\Jw......(O-Þ. cO) (.r.) ....,...... \.)..þ.............œ CD-Þ. ~ .....¡OO'1I\.)......wVJ ......(0 N ...... -.....J..þ..þ.""'¡W01I\J me,.) f\) 01 .......þ. ...... w ...., (.oJ 0 <0 ..þ.-..J-" Q)(J)Qœ <ow w _. t; w<O.....¡O)-Þ.......<o w...... ,,~ ~ 2. N ~ w ~~ ~ "'~ (') »00 ~ (XI ~ a <0 ~ ~ J\.) N O).þ. -. - N ""'-J 0 o>co a NCO :::s .... (') Co _0 < f\) 01........þ. W -.../w œ -.. wCXICDJ\J......mW Of\) ~ ~ ~ (J)O)W......CO-Þ.01 010 W -.. J\J.þ. W cow (.oJ o)CX>CJ1-...J-....Jcoo <»0 Ø) Ô CDO)OJ\J01.þ.CO (¡,).þ. .þ. CO.......þ.c.n.............þ. .....01 ~ 01J\J01............f\.:)e» ~(¡.) ...., ...... .þ.W01œwO'lw ......¡w W œ......l\J.þ. (¡,) CXlW ...... WOO1......c.nCOco ......0) C» ~ wco<OCD...........œ !\J(X) I\,) <.n.......þ. (¡J O).þ. co CO""""-..JO'T01CO-.. -.. .þ. CD ~ Oú.)0101O)""'¡ '<I.J -..JW ~ œ......I\J-Þ......¡co(.r,) Q)(.o) _ I\J OOQ.....¡......ww..þ. CD(J'I 0 01 CO..þ.Q..þ. W 01..þ. .... W 0 ~ ( )"'~"'""",... "'(,) S" (¡.) O1......CJJ..þ.O)-.. O ACO _ ...... wQ)co..........,(C....Io. 00 I\J (XI........þ. I\J ow CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 165-02 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 & WA TERMAIN ,PROJECT NO. 02-42, IN THE AREA OF 1508 _1481H LANE NW. WHEREAS, the City Council has received a petition, dated October 16. 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 0 3. The proposed improvement is hereby referred to the City Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this 6th day of November , 2002, 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: ~êd~ M' hael R. Gamache - Mayor O~ 1/;-/£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 164-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 02-41 FOR SANITARY SEWER & WATERMAIN IN THE FOLLOWING AREA OF 14381 OSAGE STREET NWIEAST Yo·LOT 4, BLOCK 1, KNOWN AS PARCEL 4B, CREEKSIDE ESTATES 2ND ADDITION. WHEREAS, the City Council did on the 15TH day of October , 2002, 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 November ,2002; 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 $ 2.318.00. 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 $ 2.318.00 and waive the Public Hearing. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this 6th day of November , 2002 , 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: chael R. Gamache - Mayor ~{/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 163-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR STREET & UTILITY IMPROVEMENTS PROJECT NO. 00-18, ANDOVER HIGH SCHOOL. 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...1Q........ years, the first of the installments to be payable on or before the 1st Monday in January, 2003 and shall bear interest at a rate of --ª- 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 6th day of November ,2002, 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: ~W ¿ð----L ichael R. Gamache - Mayor ~ {/Æ,t Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R162-02 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "FOXBURGH CROSSING" FOR GRAND TETON DEVELOPMENT ON PROPERTY LOCATED IN SECTION 27, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS; 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 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. WHEREAS, the applicant has petitioned to vary from the double frontage lot provision of Ordiance 10, Section 9.06F. for lots 8-13, and; WHEREAS the proposed project will cause property located at 14553 Ibis Street NW to become a comer lot with a setback ofless than the required 35 feet, and; WHEREAS, the City Council finds that the special circumstances for the proposed project are as follows; I. It is not possible to eliminate access to Andover Boulevard without creating the need for double frontage lots. 2. Due to the limited project area there is no other feasible way to layout the proposed project. 3. Additional right-of-way will be provided to achieve a side yard setback that meets or exceeds that of many other comer lots throughout the City 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. A variance to Ordinance 10, Section 9.06F. is approved to allow lots 8-13 to be double frontage lots without being adjacent to an arterial street or highway. This variance does not affect the additional lot width and screening requirements. 2. A variance to the side yard setback requirement of Ordinance 8, Section 6.02 is approved to allow a side yard setback of 14 feet for property located at 14553 Ibis Street NW. 3. The developer obtains all necessary permits ITom the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 4. 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. 5. Park dedication per Ordinance No. 10, Section 9.07. 6. The developer shall provide a mininiwn of 28 trees in rear yards adjacent to Hanson Boulevard and a minimwn of24 trees in rear yards adjacent to Andover Boulevard to comply with the double frontage screening requirements of Ordinance 10, Section 9.06. The species of trees shall be divided evenly between deciduous and evergreen trees. 7, Contingent upon compliance with all comments contained within the Engineering Department Memorandwn dated October 3, 2002. 8. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 9. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A fmancial 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 15th day of October, 2002. CITY OF ANDOVER ATTEST: /Lz:;.ù; . tJdk ~~/1?~~ Victoria V olk, City Clerk chael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 161-02 A RESOLUTION APPROVING VARIANCE REQUEST OF EDDIE AND TAMMY PARIS TO ALLOW REDUCTION OF THE CORNER SIDE YARD SETBACK FOR PROPERTY LOCATED AT 17536 QUAY STREET NW. WHEREAS, Eddie & Tammy Paris have requested a reduction of the comer side yard setback for property located at 17536 Quay Street NW, and; WHEREAS, the City Council has reviewed the request and has determined that said request does meet the criteria of Ordinance No, 8 Section 5.04, with the following findings; 1. The existing home was constructed prior to adoption of the 40-foot setback in the R-3 zoning districts. 2. The approval of the variance does not enable further encroachment upon the comer side yard setback. WHEREAS, the City Council finds the request does not have a detrimental effect upon the health, traffic safety, and general welfare of the City of Andover. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variance request to allow: 1. A twenty (20) foot comer side yard setback for the existing residential structure. Adopted by the City Council of the City of Andover on this 15th day of October 2002. CITY OF ANDOVE "~í(/~ ~ ~ . ~. "- ATTEST: ichae1 R. Gamache, Mayor ~ tl¿L./ Victoria Vo1k, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 160-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN ,PROJECT NO. 02-41, IN THE AREA OF EAST %-LOT 4. BLOCK 1. CREEKSIDE ESTATES 2NU ADDITION. WHEREAS, the City Council has received a petition, dated October 3. 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 0 3. The proposed improvement is hereby referred to the City Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reQular meeting this 15th day of October , 2002, with Councilmembers Jacobson. Kniaht. Ortie!. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~¿tf'd--< Mfchael R. Gamache - Mayor ä ;--ç. ~ -' é/.$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 159-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN , PROJECT NO. 02-40, IN THE AREA OF 13540 HANSON BOULEVARD NWIBEBERG LANDSCAPE NURSERY. WHEREAS, the City Council has received a petition, dated September 29, 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 0 3. The proposed improvement is hereby referred to the City Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 15th day of October , 2002, with Councilmembers Jacobson. Kniaht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: l1;b~ ¡;ldb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 158-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF STREET LIGHTING , PROJECT NO. 02-39 IN THE RED OAKS MANOR 1s'_4IH ADDITIONS & ADJOINING AREAS. WHEREAS, the City Council of the City of Andover is cognizant of the need for improves, specifically street liahtina in the following described area: Red Oaks Manor 1st_4th Additions & Adioinina Areas; and WHEREAS, THE City Council proposes to assess the benefiting property for all or a portion of the costs of the improvements, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Kniaht and adopted by the City Council at a reaular meeting this 15th day of October , 2002, with Councilmembers Jacobson. Kniaht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ ();-/l/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 157-02 A RESOLUTION REQUESTING A SPEED STUDY ALONG ANDOVER BOULEVARD NW BETWEEN CROSSTOWN BOUELVARD NW AND THRUSH STREET NW LOCATED IN SECITON 27, TOWNSHIP 32, RANGE 24 IN THE CITY OF ANDOVER. WHEREAS, the Minnesota Department of Transportation is requested to do a speed study, and; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby request a study with MnDOT along Andover Boulevard NW. Adopted by the City Council of the City of Andover this 15th day of October, 2002. CITY OF ANDOVER ~~~ ATTEST: ichael R. Gamache - Mayor ;1 'i;.. . !/,¿L ~~ " Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 156-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 2 (COMPENSATING) TO PROJECT NO. 00-43, NATURES RUN. WHEREAS, the City of Andover has a contract for Project No. 00-43 with Erickson Construction Inc. of Burnsville, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No, 00-43. Adopted by the City Council of the City of Andover this 15th day of October ,2002. CITY OF ANDOVER ATTEST: ~--Væd L Ichael R. Gamache - Mayor ~ (jdh Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 155-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 3 (COMPENSATING) TO PROJECT NOS. 98-11B, JAY STREET NW & 99-17, MARTIN STREET NW. WHEREAS, the City of Andover has a contract for Project Nos. 98-11 B, Jav Street NW & 99-17. Martin Street NW with Don Zappa & Sons. Inc. of Blaine. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos. 98-11 B & 99-17. Adopted by the City Council of the City of Andover this 15th day of October , 2002. CITY OF ANDOVER ATTEST: ~/~~ Ichael R. Gamache - Mayor d£~ Ûµ!!, Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 154-02 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 01-27. CREEKSIDE ESTATES 2NIJ ADDITION. WHEREAS, the developer 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 5 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 15th day of October, with Councilmembers Jacobson. Kniaht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: , ~ ~ ichael R. Gamache - Mayor , Ú$ U--~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 153-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT 00-18, ANDOVER HIGH SCHOOL. 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 expenses incurred or to be incurred in the making of such improvement amount to $ 1.492.503.36 so that the total cost of the improvement will be $ 1.492,503.36 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1, The amount to be assessed against benefited property owners is declared to be $1.492,503.36 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 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 KniQht and adopted by the City Council at a reQular meeting this 15th day of October , 2002 , with Councilmembers Jacobson, Kniaht. Orttel. Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~-4~ chael R. Gamache - Mayor d~ dJk Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R152-02 A RESOLUTION APPROVING THE VARIANCE REQUEST FOR BEBERG LANDSCAPING TO CONSTRUCT A SIX FOOT TALL ORNAMENTAL FENCE WITHIN THE FRONT YARD SETBACK OF PROPERTY LOCATED AT 13540 HANSON BOULEVARD LEGALLY DESCRlBED AS: THE EAST HALF OF LOT 13 WATTS GARDEN ACRES, ANOKA COUNTY, MINNESOTA EXCEPT THAT PART TAKEN FOR CSAH 78 AND THAT PART TAKEN FOR COMMERCIAL BOULEVARD IN CITY OF ANDOVER RlGHT-OF-WAY PLAT NO. 1, ANOKA COUNTY, MINNESOTA AND SUBJECT TO EASEMENTS OF RECORD. WHEREAS, Chris Beberg has petitioned to vary from the four foot maximum fence height in the front yard setback provided in Ordinance 8, Section 4.21 for property located at 13540 Hanson Boulevard, and; WHEREAS, the City Council finds that the special circumstance for the subject property is the fact that the additional height is needed to provide adequate security for the landscaping display area, and; WHEREAS, allowing a six foot tall ornamental fence within the front yard setback area is not contrary to the intent of the ordinance because the fence will be setback from the curb of the street to allow adequate sight distance, and; WHEREAS, the applicant has explored all other feasible options to locate the fence on the property, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow: I. An ornamental fence with a maximum height of six feet within the front yard setback area. 2. Subject to Fire Department access requirements. Adopted by the City Council of the City of Andover on this 15th day of October, 2002. CITY OF ANDOVER ~~ ¿P~--4 ATTEST: ¡chae1 R. Gamache, Mayor ~~ d¿£ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R151-02 A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FOR PROJECT #01-2 (FENCING FOR BALL FJELD WEST OF HIGH SCHOOL) FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R174-90 established a Pennanent Improvement Revolving (PIR) Fund containing a Capital Improvement Account designed to fund capital expenditures; and WHEREAS, The City Council has approved Project #01-2 (Fencing for Ball Fields West of High School) that was not previously budgeted for; and WHEREAS, the City Council has approved quotes for Project #01-2 in the amount of $10,743.90 with approximately $7,500 funded by the PIR Fund Capital Improvement Account; and 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 an amount not to exceed $7,500.00. Adopted by the Andover City Council on the 15th day of October 2002. CITY OF ANDOVER ATTEST: ~«~~ ichael R. Gamache - Mayor fL~ ¿[.¿!b Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R150-02 A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS FOR PROJECT #01-21 (TRAIL ON HANSON BOULEVARD) FROM THE PERMANENT IMPROVEMENT REVOLVING FUND. WHEREAS, Resolution Number R174-90 established a Pennanent hnprovement Revolving (pIR) Fund containing a Capital hnprovement Account designed to fund capital expenditures; and WHEREAS, The City Council has approved Project #01-21 (Trail on Hanson Boulevard South of Crosstown Boulevard) that was not previously budgeted for; and WHEREAS, the City Council has approved quotes for Project #01-21 in the amount of $29,154.65 with initial funding from the PIR Fund Capital hnprovement Account; and WHEREAS, the City Trail Fund will repay the funding from the PIR Fund over five years (starting 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 hnprovement Account in the amount of$29,154.65 with repayment from the Trail Fund over five years (starling 2004) without interest. Adopted by the Andover City Council on the 15th day of October 2002. CITY OF ANDOVER ATTEST: J-. vl1.- Lj;:.,",-/ d. Victoria V olk - City Clerk CORPORATE RESOLUTION FOR BROKERAGE INVESTMENT ACCOUNT Account Number: Office Registered Rep, 's Name: Registered Rep.'s Number: Name for Filing EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: October 15 .2002 Pursuant to due call and notice thereof, a regular meeting of the City Council (the Council) of the City of Andover (the City), Anoka County, Minnesota, was duly called and held at the City Hall in the City on October 15,2002, at 7:00 P,M. The following members were present: Jacobson, Gamache, Knight, Orttel, Trude and the following were absent: None Member Jacobson introduced the following resolution and moved its adoption: RESOLUTION NO. R149-02 RESOLUTION AUTHORIZING AN INVESTMENT ACCOUNT WITH BNY CLEARING SERVICES, LLC BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota, (the "City") as follows: Section 1. Recitals. 1.01. The City, pursuant to Minnesota Statutes, Sections 118A.OI through 118A.08, has authority to invest "Public Funds" as defined in Minnesota Statutes, Section 118A.OI (4) bny resolution.doc Page 1 1.02. Public Funds may be invested in the manner and in the securities detailed in Minnesota Statutes, Sections 118A.04 and 1I8A.OS. 1.03, Minnesota Statutes, Section 118A.02(l) permits the City Council to authorize the treasurer or chief financial officer to make investments. 1.04. The City of Andover is a "Government Entity" as defined in Minnesota Statutes, Section 118A,OI(2). 1.05. Subject to compliance with Minnesota Statutes, Section 118A.04(9), the treasurer or chief financial officer may purchase securities through a broker-dealer. Section 2. Approval of Account/Investments. 2.01. The Finance Director, who is the City's "treasurer or chief financial officer", is authorized to open and maintain an investment account with BNY Clearing Services, LLC, a Bank of New York Company ("BNY") through Northland Securities, Inc. ("NSI"), and any BNY or NSI affiliate, subsidiary, or successor corporation, for the purpose of buying and selling such securities as may be permitted by Minnesota Statutes, Sections 118A.OI through 118A.08. The trading of options, trading on margin, and selling short is not authorized. 2.02. The Finance Director or any duly appointed deputy thereto are authorized to act on behalf of the City with respect to the BNY INSI investment accounts without any limitations. This authority includes, but is not limited to, the authority to open and close investment accounts, to execute documents on behalf of the City, to order securities transactions, to order assignment or transfer of securities and distribution of proceeds, and to otherwise make inv.estment decisions on behalf of the City with respect to any investments or investment accounts. 2.03. That BNY INSI and all transfer agents are authorized to rely upon the oral or written instructions of the Finance Director without further inquiry into that person's authority to act on behalf of the City, Furthermore, BNY INSI and all transfer agents may continue to exercise such reliance until the City provides BNY INSI with a certified copy of a resolution of the City revoking or modifying this resolution. bny resolution. doc Page 2 The motion for the adoption of the foregoing resolution was du1y seconded by Member Kni~hr , and upon voted being taken thereon, the following voted in favor thereof: Gamache, Knight, Jacobson, Ortte1, Trude and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted on October 15, 2002. STATE OF MINNESOTA ) )SS COUNTY OF ANOKA) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Anoka County, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the preceding extract of nllnutes of a meeting of the City Council of said City held on the date therein indicated with the original nllnutes thereof on file in my office and that the same is a full, true and correct transcript thereof insofar as said nllnutes relate to the topic described in the title of the resolution set forth in the extract. WITNESS my hand officially and the official seal of the City on October 15, 2002. tLt.w (),.Lb City Clerk (SEAL) bny resolution. doc Page 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R148-02 A RESOLUTION MODIFYING CITY OF ANDOVER RESOLUTION NUMBER 03- Qb A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes, Section ll8A 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; and WHEREAS, representatives of Juran & Moody, a division of Miller Johnson Steichen Kinnard, Inc. are now affiliated with Northland Securities, Inc with accounts opened and maintained through BNY Clearing Services, LLC, a Bank of New York Company; and WHEREAS, Northland Securities, Inc can provide services to the City of Andover comparable to the City's current supplemental depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that Northland Securities, Inc with accounts opened and maintained through BNY Clearing Services, LLC, a Bank of New York Company be added as a supplemental depository for investment and cash management purposes only. Adopted by the Andover City Council on the 15th day of October 2002. CITY OF ANDOVER ATTEST: (t/;~ (J;/¿ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 147-0.2 MOTION by Councilmember Knight' 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 5th day of November 2002, at City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opportunity to be heard with reference to such assessment. 2, The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published once in the official newspaper at 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 Trude and adopted by the City Council at a reQular meeting this 1 st day of October ,2002, Trude, Jacobson (absent) with Councilmembers Gamache, Knight, Oruel, voting in favor of the resolution, and Council members None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: U;;t-4Á/Ü.bL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 146-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 00-5A. 2002 MILL & OVERLAYI7TH AVENUE AREA WHEREAS, by a resolution passed by the City Council on September 17. 2002 , the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 00-5A. 2002 Mill & Overlavlth Avenue Area . WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 6th day of November. 2002 ,in the City Hall at _ 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged of the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made on or before the 1st Monday in January 2003 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this ...1§L day of October ,2002, 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~A:.4--L Michael R. Gamache - Mayor tf.:iú' d,LL/ .A~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. Rl45-02 A RESOLUTION APPOINTING JUDGES TO SERVE AT THE NOVEMBER 5, 2002 GENERAL ELECTION IN THE CITY OF ANDOVER. WHEREAS, the city Council is required by State Statute to appoint election judges to serve at the November 5, 2002 General Election, NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as election judges at the November 5, 2002 General Election. Precinct # I - Hope Lutheran Church Gloria Young - Chief Kathryn Green LeeAnn Horton Signe Renshaw Shirley Sanborn Richard Snyder Gary Strand Deborah Olson Precinct # 2 - Grace Lutheran Church Verna Hennen - Chief Robert Belousek Carol Bradley Janet Conway Kay Cooper Chris Deggendorf Micki Harris John Johanson Jerry Lapham Joyce Nichols Marie Romo Gretchen Sabel Precinct # 3 - Riverdale Assembly of God Church Cheryl Orttel- Chief Elaine Boos Erin Kerr . Phyllis Kieffer Michael St. John Heather Darling Fred Lown Joyce Eckardt Precinct # 4 - The Farmstead Barb Wells - Chief Leatrice Cooper Donavan Greene Mildred Johnson Lorraine Tressel Deborah Ybarra Bonnie Lapham Precinct # 5 - Meadow Creek Church Terry Van Note - Chief Sue Ctvrtnik Mary May Susan Wood Diane Maag Lois Spadgenske Allison Greene Luther Romo Precinct # 6 - Bunker Hills Activity Center Brenda Fildes - Chief Tom Johnson Robyn Smith Carol Mueller Mary Munson Marlene Westphal Dorrie Peterson Terry Louie Precinct # 7 - World of Pentecost Church Carol Hibbard - Chief Shirley Beam Annie Kubat Mary Sullivan Loretta Sunderland Edith Tray Katie Bradford Greg Miles Precinct # 8 - Family of Christ Lutheran Church Peggy Olson - Chief Carol Smith Eleanor Apel Charles Ellis Kelly Danzl Dale Niemi Pam Schilling Ann Lown Precinct # 9 - Prairie Oak Community Church Cindy Brostrom - Chief Susan Beal Susan Fanucci Norma Johnson Peggy Kuntz Marlene Palm Mary Paschke Lucy Schalwig Precinct # lO - Andover Elementary School Deanna Connoy - Chief Jan Gilpin Sylvia Volk Larry Mueller Susan Rylander Kathy Bomsta Judy Snyder Mary White Linda Louie Adopted by the City Council of the City of Andover this ~ day of October, 2002. CITY OF ANDOVER Attest: ~Ac:?A~ d~ fJ.Ib chael R, Gamache, Mayor Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 144-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN PROJECT NO. 02-13. PRAIRIE ACRES ADDITION (LOTS 1 & 2. BLOCK 1). 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 -º-- years, the first of the installments to be payable on or before the 1st Monday in January, 2002 and shall bear interest at a rate of --º- 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 Ortiel and adopted by the City Council at a reaular meeting this 1ST day of October ,2002, with Councilmembers Trude. Kniaht. Ortiel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against. whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~Kð~ Mìchael R. Gamache - Mayor ¡L/¡;w ¿¿-IÞ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 143-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN PROJECT NO. 02-10. ASHWOOD ESTATES (LOTS 2 & 3. BLOCK 1), 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 Ï- years, the first of the installments to be payable on or before the 1st Monday in January, 2002 and shall bear interest at a rate of ---º- percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 1ST day of October , 2002 , 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: ~æ¿~ M' hael R. Gamache - Mayor íLj;~ d,¿b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 14.£,02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 02-37 FOR WATERMAIN IN THE FOllOWING AREA OF 2856 BUNKER LAKE BOULEVARD NW. WHEREAS, the City Council did on the 1th day of September , 2002 , 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 1st day of October ,2002; 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 $ 8.014.50 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 $ 8.014.50 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a JL year period. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reaular meeting this 1st day of October ,2002, with Councilmembers Trude. Knioht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: d :i;; . t/.d£ ~~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 141-02 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. 02-37, IN THE AREA OF 2856 BUNKER LAKE BOULEVARD NW. WHEREAS, the City Council has received a petition, dated September 9, 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 0 3. The proposed improvement is hereby referred to the City Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 1ih day of September , 2002, 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: -o/~~~ Md:C:hael R. Gamache - Mayor d;;i;-¿...; iJv-éb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 140-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT 00-5A. 2002 MILL & OVERLAynTH AVENUE AREA. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $438,375.28 , the expenses incurred or to be incurred in the making of such improvement amount to $ 66.413.00 so that the total project cost of the improvement will be $ 504,788.28 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 346,882.60 the amount to be assessed against benefited property owners is declared to be $ 159.722.68 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 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 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 KniGht and adopted by the City Council at a reGular meeting this 1 yth day of September, 2002, with Councilmembers Trude, KniGht. Ortlel, Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~Kd~ Michael R. Gamache - Mayor iLL;,;' , Otlb ,~.~ .' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 139-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #--1... TO PROJECT NO. 99-8. MUNICIPAL WELL #8. WHEREAS. the City of Andover has a contract for Project No. 99-8 with E.H. Renner & Sons of Elk River. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 99-8. Adopted by the City Council of the City of Andover this 1ih day of September , 2002. CITY OF ANDOVER ATTEST: ~-Z/~~ M!éhael R. Gamache - Mayor ¡Lr~a.¿v Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 138-02 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 02-13, PRAIRIE ACRES ADDITION (LOTS 1 & 2, BLOCK 1 ). 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 $ 17.536.36 so that the total cost of the improvement willbe$ 17.536.36 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 $ 17.536.36 the amount to be assessed against benefited property owners is declared to be $ 17.536.36 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 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 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 Knight and adopted by the City Council at a reaular meeting this 1 ih day of September ,2002, with Councilmembers Trude, Kniaht. Ortte!, Gamache. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~/K¿/--L Mi hael R. Gamache - Mayor tL;I;;-~ Ö¡¿:b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R137-02 MOTION by Council member '1'r11np. to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN, FOR PROJECT 02-10, ASHWOOD ESTATES (LOTS 2 & 3. BLOCK 1 ). THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amountto $ 19.651.00 so that the total cost of the improvement will be $ 19.651.00 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 $ 19.651.00 the amount to be assessed against benefited property owners is declared to be $ 19.651.00 . 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 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 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 Knight and adopted by the City Council at a reqular meeting this 1 th day of September ,2002 , with Councilmembers Gamache, Jacobson, Knight, Orttel, Trude voting in favor of the resolution, and Councilmembers nnnp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~4? .¿J~. ~ 'Michael R. Gamache - Mayor 1Liiü~ ¡).d¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 136-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #î TO PROJECT NO. 00-18, ANDOVER BOULEVARD EXTENSION. WHEREAS, the City of Andover has a contract for Project No. 00-18 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. 00-18. Adopted by the City Council of the City of Andover this 1ih day of September , 2002. CITY OF ANDOVER ATTEST: ~e~~-L chael R. am ache - Mayor d~ äÛ/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 135-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-L TO PROJECT NO. 00-43. NATURES RUN, WHEREAS, the City of Andover has a contract for Project No. 00-43 with .Erickson Construction Inc. of Burnsville. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 00-43. Adopted by the City Council of the City of Andover this 1ih day of September ,2002. CITY OF ANDOVER ATTEST: ~~k~~~ hael R. Gamache - Mayor a;;iz¿J ¿¡./þ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 134A-02 MOTION by Council member Jacobson to adopt the following: A RESOLUTION REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NO. - 98-20 ,BUNKER LAKE BOULEVARD PEDESTRIAN UNDERPASS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 113-02 ,dated Julv 16, 2002, 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 Knioht and adopted by the City Council at a reaular meeting this 3rd day of September , 2002 , with - Council members Jacobson. Kniaht. Orttel. Gamache. Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ {/;H!b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R134-02 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2003 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 through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy and budget prior to September 16,2002. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2003 property tax levy totaling $6,223,525 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the preliminary General Fund budget as follows: REVENUES EXPENDITURES Property Taxes $ 4,585,830 General Government $ 2,478,216 ,icense and Permits 661,825 Public Safety 2,558,813 Intergovernmental Revenue 525,854 Public Works 2,196,608 Charges for Current Services 724,705 Other 87.556 Fines and Forfeits 83,000 Miscellaneous Revenue 319,136 Transfers 420.843 Total $ 7.321.193 Total $ 7.321.193 Adopted by the City of Andover this 3rd day of September 2002. CITY OF ANDOVER ATTEST: ~~A~ ¡chael R. Gamache - Mayor ~ ()d£; Victoria Volk - City Clerk STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. 134-02 adopting the 2003 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 3rd day of September 2002, ~(}~ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R133-02 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR ROGER STREICH TO SUBDIVIDE AN INDUSTRlAL PROPERTY INTO TWO INDUSTRlAL PROPERTIES FOR PROPERTY LOCATED AT 13530 HANSON BOULEVARD NW LEGALLY DESCRIBED AS FOLLOWS: THE EAST HALF OF LOT 13 WATTS GARDEN ACRES, ANOKA COUNTY, MINNESOTA EXCEPT THAT PART TAKEN FOR CSAH 78 AND THAT PART TAKEN FOR COMMERCIAL BOULEVARD IN CITY OF ANDOVER RlGHT-OF-WAY PLAT NO, I, ANOKA COUNTY, MINNESOTA AND SUBJECT TO EASEMENTS OF RECORD, WHEREAS, Roger Streich has requested approval of a lot split to subdivide an industrial property pursuant to Ordinance No. 40, located at 13530 Hanson 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. 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 a separate easement document to establish ten foot wide drainage and utility easements around the perimeter of both properties. 2. The temporary garden structure shall be removed prior to the lot split being recorded with Anoka County. 3. The applicant shall pay park dedication in the amount of$12,338.37. 4, The trail fee shall be deferred until the time that the trail is constructed. The applicant shall be required to pay the actual cost of the construction of the trail segment adjacent to the subject property including parcel A and parcel B. The applicant also agrees to waive the right to appeal the cost of the trail. 5, That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council ofthe City of Andover on this 3rd day of September, 2002. CITY OF ANDOVER <~~ q - ATTEST: Mike Gamache, Mayor ¡J.;¢~ tJß Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 132-02 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 00-40, WOODLAND OAKS. WHEREAS, the developer 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 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 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 3rd day of September, 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: IL±~) ¿;~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 131-02 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 00-41. RED PINE FIELDS. 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 Council member Knight and adopted by the City Council at a regular meeting this 3rd day of September, with Councilmembers Jacobson. Knight. Orttel, Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~~~ Míchael R. Gamac e - Mayor d.<~ ¿/Æ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 130-02 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 00-39, CHESTERTON COMMONS NORTH 2ND ADDITION. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 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 Kniqht and adopted by the City Council at a reqular meeting this 3rd day of September, with Councilmembers Jacobson, Kniqht. Ortiel, Gamache, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ILL. . I /W!b -'..-..- () Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 129-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION DECLARING AMENDED COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROll FOR THE IMPROVEMENT OF SANITARY SEWER, WA TERMAIN. STORM SEWER AND STREETS FOR PROJECT 00-39. CHESTERTON COMMONS NORTH 2NO ADDITION. THE CITY COUNCil OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $351.499.95 plus $8.328.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $106.987.11 and work previously done amount to $124.556.64 plus $15.600.00 (Lift Station) so that the total cost of the improvement will be $606.971.70 . 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 $28.238.23 the amount to be assessed against benefited property owners is declared to be $578.733.47 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 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 Jacobson and adopted by the City Council at a reaular meeting this 20th day of Auaust , 2002 , 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: ~;f'¿1~ Ichael R, Gamache - Mayor ~ ()Jð.- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R128-02 A RESOLUTION APPROVING THE V ARlANCE REQUEST FOR MICHAEL GAMACHE TO REDUCE THE REAR YARD SETBACK FROM 30 FEET TO 22 FEET ON PROPERTY LOCATED AT 2815 134TH AVENUE NW. WHEREAS, Michael Gamache has petitioned to vary from the rear yard setback requirement as described in Ordinance 8, Section 6.02 for property located at 2815 134'h Avenue NW legally described as follows: Lot 2, Block 1, Lundgren Oakridge Addition, Anoka County, Minnesota. WHEREAS, the City Council finds that the limited lot depth in relation to the orientation of the house would preclude the proposed addition from being constructed without a variance, and; WHEREAS, an existing doorway at the rear of the structure is located in close proximity to the rear yard setback, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a rear yard setback of 22 feet. Adopted by the City Council of the City of Andover on this 20th day of August 2002. CITY OF ANDOVER ATTEST: Ke (L.i;,;.~ fJæ Victoria Volk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. RI27-02 A RESOLUTION APPROVING VARIANCE REQUEST OF ERNEST ENGLAND & GWEN BLOSSOM TO ALLOW REDUCTION OF THE FRONT YARD SETBACK FOR PROPERTY LOCATED AT 17340 ROANOKE ST. NW. WHEREAS, Ernest England and Gwen Blossom has requested a reduction of the rrontyard setback for property located at 17340 Roanoke S1. NW, and; WHEREAS, the Planning Commission has reviewed the request, approved of the findings for granting the variance and made a recommendation that the variance be granted; and WHEREAS, the City Council has reviewed the request and has determined that said request does meet the criteria of Ordinance No.8 Section 5.04, and; WHEREAS, the City Council finds the request does not have a detrimental effect upon the health, traffic safety, and general welfare of the City of Andover. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby approves the variance for reduction of the rront yard setback rrom 50 feet to 24 feet based on the following findings: 1. This home was originally built in 1919, long before the minimum setbacks were established. Since that time, there have been a number of right of way expansions, which have reduced the setback rrom County Road 7. 2. This variance would allow a home improvement which will have positive effects upon the aesthetic neighborhood qualities, local property values, as well as allowing this family to make a greater use oftheir home and preserve a piece of Andover's heritage. 3. This variance would be limited to the life ofthe home. If the home were ever destroyed, it would have to be rebuilt at the current minimum setback levels. Adopted by the City Council of the City of Andover on this 20th day of August, 2002. CITY OF ANDOVER ~1f6aYor ATTEST: r1~~ '/.,Lú ¿, Victoria V olk, City Clerk 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R126-02 A RESOLUTION APPROVING THE VARIANCE REQUEST FOR NORTHERN NATURAL GAS TO REDUCE THE REAR YARD SETBACK TO 20 FEET ON PROPERTY LOCATED AT 14800 PRAIRIE ROAD. WHEREAS, Northern Natural Gas has petitioned to vary from the building setback requirements of Ordinance 8, Section 6.02 for property located at 14800 Prairie Road, legally described as follows: Part of the northwest half of the northwest quarter of Section 24, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the City Council finds that the special circumstance for the subject property is the fact that the space within applicable setbacks is not sufficient to locate the proposed structure, and; WHEREAS, the structure is needed to allow the applicant to conform with federal requirements to odorize the natural gas pipeline; WHEREAS the variance is the minimum necessary to facilitate construction and will also minimize the impact on surrounding properties as follows; 1. Minimizes the visibility from Prairie Road. 2. Eliminates the need for a variance to the front or side yard setbacks. 3. Maintains the narrow side of the structure facing into Prairie Knoll Park. WHEREAS, the applicant has explored all other feasible options to locate the addition on the property, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a rear yard setback oftwenty (20) feet 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 residential properties. 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 safety reasons. Adopted by the City Council of the City of Andover on this 20th day of August, 2002. CITY OF ANDOVER . A~();-/¿ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R125-02 A RESOLUTION APPROVING THE FINAL PLAT OF "SILVER MEADOWS" FOR CHENAN CONSTRUCTION WHEREAS an application for Final Plat approval has been filed with the City of Andover on property legally described as follows: The northeast quarter of the northeast quarter, Section 16, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Silver Meadows"; and WHEREAS, the Developer has presented the final plat of Silver Meadows; and WHEREAS; the City Engineer has reviewed such final plat for conformance with the preliminary plat. NOW, THEREFORE, BE IT RESOLVED by the City COlillcil of the City of Andover to hereby approve the final plat of Silver Meadows 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 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, escrow paid (105% of the total costs for the improvements for the property and a contract for the improvements awarded). 5, Subject to final review of City Stafffor compliance with City ordinances, policies, guidelines and conditions of preliminary and final plat approval. 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. I 7. Park dedication as recommended by the Park and Recreation Commission and approved by the City Council. 8. A separate trail easement document must be submitted for Lots 2 and 3, Block 2. 9. Lots that directly abut Verdin Street shall have access restricted to the side street. Adopted by the City Council of the City of Andover this 20th day of August, 2002. CITY OF ANDOVER ATTEST: ¡L;t;,:., IJ~ Z~~~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 124-02 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 01-30 , PRAIRIE ROAD RECONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 111-02 ,dated Julv 16, 2002, bids were received, opened and tabulated according to law with results as follows: W.B. Miller, Inc. $480,000.00 Bauerly Companies $483,713.60 Hardrives, Inc. $514,834.65 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate W.B. Miller, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with W.B. Miller, Inc. in the amount of $480.000.00 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 Knioht and adopted by the City Council at a reqular meeting this 20th day of Auqust , 2002 , 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: I lJ.,j;;,~ tJr!b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 123-02 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 00-40. WOODLAND OAKS, 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 $891.660.84 plus $20.167.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $236.496.95 and work previously done amount to $272.417.52 + $45,208.60 !lift station) & Red Pine Fields transfer) = $317.626.12 so that the total cost of the improvement will be $1.465.950.91 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 $91.126.69 the amount to be assessed against benefited property owners is declared to be $1.374.824.22 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 KniQht and adopted by the City Council at a reqular meeting this 20th day of Auqust , 2002 , with Councilmembers Trude. Jacobson. Orttel. Gamache. KniQht voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ... ~ ~¡-I£I Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 122-02 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 00-41. RED PINE FIELDS. 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 $943.132.80 plus $18.870,00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $247.234.51 and work previously done amount to $347,102.72+ $40.400,00 (lift station) - $14.772.26 (transfer from Woodland Estates) = $372.730.46 so that the total cost of the improvement will be $1.581.967.77. 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 $56.871.79 the amount to be assessed against benefited property owners is declared to be $1.525.095.98 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-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 Kniaht and adopted by the City Council at a reaular meeting this 20th day of Auaust , 2002 , with Councilmembers Trude. Jacobson. Ortlel. Gamache. Kniaht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ ~ 'chael R. Gamache - Mayor tJ.:L //./b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R12l-02 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF TRACEY EDWARDS FOR A HOME OCCUPATION BEAUTY SALON FOR PROPERTY LOCATED AT 14824 Eagle Street NW (PIN 26-32-24-22-0018). WHEREAS, Tracey Edwards has requested a Special Use Permit for a home occupation nail salon for property located at 14824 Eagle Street NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No.8, Section 4.30, 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 recommended 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 home occupation beauty salon on said property with the following conditions: 1. One (1) chair salon/barber only. 2. The hours of operation shall be between 8:00 am to 9:00 pm seven days a week. 3. Parking requirements shall be as set out in Ordinance No.8, Section 8.08. 4. The salon/shop must comply with the State Cosmetology Board and the State Barbers Board requirements, 5. The beauty shoplbarber shop shall be owner occupied. 6. Upon sale of the premises for which the Special Use Permit is granted, such Permit shall terminate. 7. This Special 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 ofthe community. Adopted by the City COW1cil of the City of Andover on this 20th day of August, 2002. CITY OF ANDOVER ATTEST: ~R~ ¡chael R. Gamache, Mayor IU~ t!,¿J" Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R120-02 A RESOLUTION AMENDING RESOLUTION 083-01 A RESOLUTION AMENDING RESOLUTIONS NO. 038.95, 189-92 AND 243-99 AUTHORIZING CERTAIN EMPLOYEES TO SELL, ASSIGN, TRANSFER AND/OR DELIVER FUNDS. WHEREAS, the City Council of the City of Andover has previously adopted resolution No. 083-01 authorizing John Erar, Administrator, James Dickinson, Finance Director and Shirley Clinton, Treasurer to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this City; and WHEREAS, Shirley Clinton has resigned as Treasurer effective August 30, 2002 and Lee Brezinka has been was appointed Assistant Finance Director. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby revise the authority to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this city to John Erar, Administrator, James Dickinson, Finance Director and Lee Brezinka, Assistant Finance Director. Adopted by the City Council of the City of Andover this 20th day of August 2002. CITY OF ANDOVER ~~cd~ Attest: Mlchael R Gamache - Mayor tLt--~ ()~ Victoria V olk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO, R119-02 A RESOLUTION APPROVING THE VARIANCE REQUEST FOR NORTHERN NATURAL GAS TO REDUCE THE REAR YARD SETBACK TO 30 FEET ON PROPERTY LOCATED AT 14800 PRAIRIE ROAD. WHEREAS, Northern Natural Gas has petitioned to vary from the building setback requirements of Ordinance 8, Section 6.02 for property located at 14800 Prairie Road legally described as foHows: Part of the northwest half of the northwest quarter of Section 24, Township 32, Range 24, Anoka County, Minnesota WHEREAS, the City Council finds that the special circumstance for the subject property is the fact that the space within applicable setbacks is not sufficient to locate the proposed structure, and; WHEREAS, the structure is needed to allow the applicant to confonn with federal requirements to odorize the natural gas pipeline; WHEREAS the variance is the miuimum necessary to facilitate construction and will also minimize the impact on surrounding properties as follows; 1. Minimizes the visibility from Prairie Road 2. Eliminates the need for a variance to the front or side yard setbacks 3. Maintains the narrow side of the structure facing into Prairie Knoll Park WHEREAS, the applicant has explored all other feasible options to locate the addition on the property, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a rear yard setback of thirty (30) feet Subject to the following conditions: 1. Successful completion of Commercial Site Plan process with the Andover Review Committee. 2, Issuance of a building pennit for the proposed structure, 3. The applicant shall operate the facility in a manner that miuimizes the impact of odor on surrounding residential properties. Adopted by the City Council of the City of Andover on this 5th day of August, 2002. CITY OF ANDOVER AlLlJ~ ()~þ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R118-02 A RESOLUTION APPROVING VARIANCE REQUEST OF MARY EVERS RYSTROM TO ALLOW REDUCTION OF THE CORNER SIDE YARD SETBACK FOR PROPERTY LOCATED AT 1353-142odA VENUE NW. WHEREAS, Mary Evers Rystrom has requested a reduction of the corner side yard setback for property located at 1353-142odAve NW, and; WHEREAS, the City Council has reviewed the request and has detennined that said request does not meet the criteria of Ordinance No.8 Section 5.04, and; WHEREAS, the City Council finds the request does not have a detrimental effect upon the health, traffic safety, and general welfare of the City of Andover. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the variance for reduction of the corner side yard setback based on the following findings: 1. The undue hardship that should allow the granting of the variance relates to the curvature of the road creating additional setback for the structure. This preexisting condition is a special circumstance is a plight of the land and is not caused by the landowner. 2. The lot is extra deep compared to a standard lot depth. 3. A reduction in the corner sideyard setbacks would not adversely affect the neighborhood aesthetic qualities. There are existing mature evergreen trees along the property line that would screen the addition from view. 4, Building an addition off of the rear ofthe home would constitute an onerous burden on the property owners as compared to building off of the side yard. Adopted by the City Council of the City of Andover on this5:tJ:¡day ofAu9ust ,2002. CITY OF ANDOVER ~~f~mnache, Mayor ATTEST: ~ IJJ¿ Victoria Vo1k, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 117-02 + MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCPETING DOANTIONS THAT HAVE BEEN MADE TO THE CITY OF ANDOVER TOWARDS THE DEVELOPMENT OF HIDDEN CREEK EAST PARK. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the donations made were due to the efforts of the area residents of Hidden Creek East; and WHEREAS, the donations made were from the following: John B, Goodman - $3,000.00 For Kids Only, Inc. - $100.00 ABC Mini-Storage, Inc. - $250.00 Kottkes Bus Service, Inc. - $250.00 1st Regions Bank - $100.00 NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donations, which are to be used towards the development of Hidden Creek East Park. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 5th day of August , 2002 , with Councilmembers Jacobson. Orttel. Trude. Gamache. Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~ . hael . Gamache - Mayor ~ ¡);Lb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RI16-02 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR ROBERT DAY TO SUBDIVIDE PROPERTY INTO TWO URBAN RESIDENTIAL LOTS FOR PROPERTY LOCATED ON 14393 OSAGE STREET NW LEGALLY DESCRIBED AS FOLLOWS: Lot 4, Block 1, Creekside Estates 2nd Addition, Anoka County, Minnesota. WHEREAS, Robert Day has requested approval of a lot split to subdivide property pursuant to Ordinance No. 40, located at 14393 Osage Street NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8 and 40; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1, The purchaser of the property shall be required to conform with all of the requirements of the City of Andover Building Department. 2. The applicant shall pay park dedication in the amount of$I,700. 3. The applicant shall pay a trail fee in the amount of$412. 4. The applicant shall be required to petition for and provide to the lot, City sewer and petition the City to connect. The applicant must disclose to the buyer of the new lot that an assessment will be due and payable for sewer service at the time of connection, That water be petitioned for and provided to the lot. 5. The applicant shall establish flood elevations and dedicate appropriate drainage and utility easements by separate document. 6. The lot split shall be subject to a SlU1set clause as defined in Ordinance No. 40, Section III(E). 3 Adopted by the City Council ofthe City of Andover on this 5th day of August, 2002. CITY OF ANDOVER ATTEST: ~ ()d'b Victoria V olk, City Clerk 4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R 115-02 A RESOLUTION APPOINTING JUDGES TO SERVE AT THE SEPTEMBER 10, 2002 PRIMARY ELECTION IN THE CITY OF ANDOVER. WHEREAS, the City Council is required by State Statute to appoint election judges to serve at the September 10, 2002 Primary Election. NOW, THEREFORE, BE IT RESOLVED that the following are appointed to serve as election judges at the September 10, 2002 Primary Election. Precinct #1 - Hope Lutheran Church Gloria Young - Chief- Kathryn Green LeAnn Horton Signe Renshaw Shirley Sanborn Carol Smith Richard Snyder Gary Strand Deborah Olson Precinct #2 - Grace Lutheran Church Carol Bradley - Chief Robert Belousek Sherry Campbell Janet Conway Micki Harris Joyce Nichols Marie Romo Gretchen Sabel Precinct #3 - Riverdale Assembly of God Church Cheryl Orttel - Chief Elaine Boos Erin Kerr Phyllis Kieffer Barbara Peters Michael St. Jolm Heather Darling Precinct #4 - The Farmstead Barb Wells - Chief Leatrice Cooper Mildred Jolmson Mary Lou Schmidtke Lorraine Tressel Deborah Ybarra Precinct #5 - Meadow Creek Church Terry VanNote - Chief Kay Goeser Susan Ctvrtnik Susan Wood Lois Spadgenske Precinct #6 - Bunker Hills Activity Center Brenda Fildes - Chief Carol Mueller Mary Munson Marlene Westphal Dorrie Peterson Mary White Terry Louie Precinct #7 - World of Pentecost Church Carol Hibbard - Chief Annie Kubat Mary Sullivan Loretta Sunderland Edith Tray Katie Bradford Greg Miles Precinct #8 - Family of Christ Lutheran Church Peggy Olson - Chief Eleanor Apel Charles Ellis Kelly Danzl Dale Niemi Brenda Sollars Precinct #9 - Prairie Oak Community Church Cindy Brostrom - Chief Susan Beal Elvera Danner Susan Fanucci Toni Grundstrom Nonna Johnson Peggy Kuntz Marlene Palm Mary Paschke Lucy Schalwig Precinct # I 0 - Andover Elementary School Deanna Connoy - Chief Linda Louis Jan Gilpin Sylvia Volk Larry Mueller Sue Rylander Judy Snyder Kathy Bomstra Adopted by the City Council of the City of Andover this L day of August, 2002. CITY OF ANDOVER Attest: ichael R. Gamache - Mayor 1- . lilt- {LJ;u..~ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 114-02 + MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 99-14 FOR ROUND LAKE BOULEVARD RECONSTRUCTION FROM APPROXIMATELY 140'H LANE NW TO 149'H AVENUE NW. WHEREAS, the City Council is cognizant of the need for reconstruction; and NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and specifications for the improvement of Round Lake Boulevard Reconstruction from approximately 140th Lane NW to 149th Avenue NW, Project 99-14; and BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of SEH 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 5th day of AUQust , 2002 . with Councilmembers Jacobson. Orttel. Trude. Gamache. KniQht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /fP~A?'d~ M1éhael R. Gamache - Mayor ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 113-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98-20 ,FOR BUNKER LAKE BOULEVARD UNDERPASS WHEREAS,~ursuant to Resolution No. 085-01 , adopted by the City Council on the 15 day of Mav , 2001 ,the City Enaineer has prepared final plans and specifications for Project 98-20 for the Bunker Lake Boulevard Underpass WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of Julv , 2002 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. , Auaust 27 , 2002 at the Andover City Hall. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 16th day of Julv , 2002 , with Councilmembers Jacobson. Trude. Ortiel. Gamache. Kniaht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: "~ U ael R. Gamache - Mayor /1z:~ liJ¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO Rl12-02 A RESOLUTION GRANTING THE V ACA TION OF EASEMENT REQUEST OF MIKE CARON TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OF LOT 6, BLOCK 4, CREEKRIDGE ESTATES, 3336 SOUTH COON CREEK DRIVE NW (pIN 29-32-24-41-0050). WHEREAS, Mike Caron has requested to vacate a portion of a drainage and utility easement located on Lot 6, Block 4, CREEKRIDGE ESTATES, legally described as follows: The westerly 5.00 feet of the easterly 10.00 foot of the drainage and utility easement parallel with the eastern boundary of Lot 6, Block 4, CREEKRIDGE ESTATES, Anoka County, Minnesota; except the northerly 10.00 feet of the drainage and utility easement parallel with the north line of said lot; except the southerly 10.00 feet of the drainage and utility easement parallel with the south line of said lot. 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. Adopted by the City Council of the City of Andover on this 16th day of July 2002. CITY OF ANDOVER ¿" ATTEST ichael R. Gamache, Mayor iJ:J~ ();/þ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 111-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 01-30 ,FOR PRAIRIE ROAD RECONSTRUCTION WHEREAS, pursuant to Resolution No. 089-02 , adopted by the City Council on the 4th day of June ,2002, the MFRA has prepared final plans and specifications for Project 01-30 for the Prairie Road Reconstruction WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of July , 2002 . 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. , Auqust 16 , 2002 at the Andover City Hall. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 16th day of July , 2002 , with Councilmembers Jacobson. Trude. Ortlel. Gamache. Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0Þt/4?~¿ Mithael R. Gamache - Mayor /~ {/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. llOA-02 A RESOLUTION REALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR A SENIOR CENTER REHABILITATION TO THE SEWER STUDY INCLUDED IN THE 2020 COMPREHENSIVE PLAN. WHEREAS, the Senior Center Rehabilitation Project was completed under budget; and WHEREAS, the unused CDBG funds from this project are potentially available for a qualifying CDBG project within the City; and WHEREAS, the City is requesting to reallocate the unused CDBG funds towards the Andover Sewer Study that is included in the 2020 Comprehensive Plan; and WHEREAS, to reallocate CDBG funds, the opportunity for public comment through a public hearing is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the unused CDBG funds from the Senior Center Rehabilitation Project are reallocated for the Andover Sewer Study included in the 2020 Comprehensive Plan. Adopted by the Andover City Council on the 16th day of July 2002. CITY OF ANDOVER ATTEST: ~~& ~ ichael R. Gamache - Mayor ~¡j~ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RIlO-02 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF BRUCE KNOWLAN FOR AN OFF-SALE LIQUOR LICENSE. WHEREAS, Bruce Knowland has requested a Special Use Permit for an off-sale liquor license on property legally described as lot I, block 3, Andover Station, Anoka County, Minnesota, 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 5.03, 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 approves the Special Use Permit for a liquor license on said property with the following conditions: I. The property complies with the Andover Station design guidelines. 2. The building be constructed according to the plans approved by the EDA, 3. In the event the applicant does not begin operations of an off-sale Liquor store within twelve months, this Special Use Permit would expire. Adopted by the City Council of the City of Andover on this 16th day of July, 2002. CITY OF ANDOVER /.-Àif~d-L ATTEST: Michael R. Gamache, Mayor ~ {/fl Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RI09-2 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR JAMES M SZYKULSKI TO SUBDIVIDE PROPERTY INTO TWO RURAL RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 18015 ROUND LAKE BOULEVARD NW LEGALLY DESCRIBED AS FOLLOWS: That part of the Northwest Quarter of Section 4, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the Northwest comer of said Northwest Quarter; thence easterly on the north line thereof, a distance of 425.00 feet; thence southerly, at a right angle to said north line, a distance of 592.00 feet; thence westerly, parallel with the said north line, to the west line of said Northwest Quarter; thence northerly, along said west line, to the point of beginning. Subject to road easements over the north 33.00 feet and the west 50.00 feet thereof. WHEREAS, James M Szykulski has requested approval of a lot split to subdivide property pursuant to Ordinance No. 40, located at 18015 Round Lake Boulevard NW; and WHEREAS, the Plarming 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 Plarming and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Plarming and Zoning Commission and approves the lot split on said property with the following conditions: 1. The applicant shall submit to the City three signed original copies of the survey. 2. The purchaser of the property shall be required to conform with all of the requirements of the City of Andover Building Department. 3, The applicant shall pay park dedication in the amount of$1,700. 4. The applicant shall pay a trail fee in the amount of$412, 4 5. The applicant is restricted to access to 181 sl A venue only. The driveway access is to be placed as far to the east of the property as possible to allow the maximum distance fÌ'om Round Lake Boulevard. 6. The applicant is required to dedicate of an additional 10 feet of right of way for a total of 60 feet along Round Lake Boulevard for Anoka County. 7. The applicant shall establish a 10 foot drainage and utility easement around the perimeter of the property. 8. The applicant shall establish flood elevations and appropriate easements. 9. 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 .;z!. day Of~ 2002. CITY OF ANDOVER ATTEST: ~~--L ike Gamac e, Mayor ~ (/;Æ/ Victoria V olk, City Clerk 5 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R 108-02 A RESOLUTION APPROVING A MUSA BOUNDARY CHANGE FOR WOODLAND DEVELOPMENT FOR A FIVE ACRE TRACT LOCATED IN SECTION 21, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the MUSA boundary change; and WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said MUSA boundary change; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the MUSA boundary change. 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 MUSA boundary change to allow the property described below to be included in the Metropolitan Urban Services Area (MUSA), subject to approval by Metropolitan Council: Outlot C, Woodland Estates Second Addition, Anoka County, Minnesota. Adopted by the City Council of the City of Andover tlùs 2nd day of July, 2002. CITY OF ANDOVER ATTEST: J - (/ ;./þ ~/7 /l/i:.::, Victoria V olk, City Clerk ¡chael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. RI07-02 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF MEADOW CREEK CHURCH TO ALLOW TEMPORARY CLASSROOMS FOR PROPERTY LOCATED AT 3037 BUNKER LAKE BOULEVARD NW WHEREAS, Meadow Creek Church has requested a Special Use Permit for temporary classrooms for property located at 3037 Bunker Lake Boulevard (PIN 33 32 24 23 0005), legally described as: The south 1089 feet of the east 777.28 feet of the west half of the northwest quarter of Section 33, Township 32, Range 24; except the east 400 feet of the south 433 feet; except roads; subject to easements of record; Anoka County, Minnesota, WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8 Section 5.03, 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 temporary classrooms on said property with the following conditions: I. All the classrooms must have fire alarms interconnected to the main school's existing fire alarm system. 2. The corridor between the classrooms and the main school building must also have fire alarm protection and must be rated. 3. The exits must have an unobstructed passageway to the public right of way. Some type of sidewalk or path which is clear at all times to the road or parking lot would be acceptable, 4. Any propane tank must be 10 feet trom buildings with fire resistive walls, 25 feet trom buildings with other than fire resistive walls, 25 feet trom building wall openings or pits at or below the level ofthe point of transfer, 10 feet trom public ways including public streets, highways, thoroughfares, and sidewalks, and 5 feet trom driveways. Installation requirements will be addressed at the time of installation. 5. A minimum often feet (10') would be required to separate the classrooms trom the gym. 6. The Site Plan will need to be signed. 7. The Special Use Permit would expire by June 11,2007 or earlier upon the sale of the premises for which the Special Use Permit is granted. 8. 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. 9. Subject to Building Official and Fire Chief inspection. Adopted by the City Council of the City of Andover on this 2nd day of July, 2002. CITY OF ANDOVER ~~4d..../¿ ATTEST: Michael R. Gamache, Mayor IÚ::~~, () d// Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 106-02 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 99-8 , WELL #8. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 075-02 ,dated Mav 7, 2002, bids were received, opened and tabulated according to law with results as follows: E.H. Renner & Sons $119,300.00 Keys Well Drilling Co. $121,150.00 Bergerson-Caswell, Inc. Bid received after bid opening time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate E.H. Renner & Sons as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with E.H. Renner & Sons in the amount of $119.300.00 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 Kniaht and adopted by the City Council at a reaular meeting this 2nd day of Julv , 2002 , with Council members Jacobson. Kniaht. Gamache. Orttel. Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ,- ~dc:--L ATTEST: chael R. Gamache - Mayor !LZM~ {/db Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 105-02 A RESOLUTION APPROVING CHANGE ORDER #1 (COMPENSATING) TO PROJECT NO. 98-11A, JAY STREET LANDSCAPING. WHEREAS, the City of Andover has a contract for Project No. 98-11A with Hoffman & McNamara Co. of Hastinas. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 98-11 A. Adopted by the City Council of the City of Andover this 2ND day of July ,2002. CITY OF ANDOVER ATTEST: ~~¿:Ç7d~ MIChael R. Gamache - Mayor d';;t¿~./ !/d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 104-02 MOTION by Councilmember Jacobson 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 00-39. CHESTERTON COMMONS NORTH 2ND ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $351.499.95 plus $8,328.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $106.987.11 and work previously done amount to $124,556.64 plus $15,600.00 (Lift Station) so that the total cost of the improvement will be $606.971.70 . 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 $24,178,08 the amount to be assessed against benefited property owners is declared to be $582,793.62 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 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 Kniqht and adopted by the City Council at a reqular meeting this 2nd day of Julv , 2002 , with Councilmembers Jacobson, Kniqht. Gamache, Trude, Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~-L Ichael R. Gamache - Mayor L;é;;~ ) dtú Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R103-02 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "SILVER MEADOWS" FOR CHET WIELOCH LOCATED AT 16326 VERDIN STREET NW LEGALLY DESCRIBED AS; The northeast quarter of the northeast quarter, Section 16, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning 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. WHEREAS, the applicant has petitioned to vary from the 2.5 acre minimum lot size required in the Single Family Rural Residential Zoning District (R-1) for Lots 1 and 2, Block 1, and; WHEREAS the applicant has requested a variance to Ordinance 10, Section 9.06 A.2 to allow custom grading of Lots 4 and 5, Block 2 in lieu of the required 150 foot by 150foot contiguous buildable land area, and; WHEREAS, the City Council finds that the special circumstances for the proposed project are as follows; 1. The City has requested a street connection within the proposed project that reduced the size of the subject lots below the minimum lot area requirement, and; 2. Custom grading of lots 4 and 5, Block 2 will save trees and help to achieve the intent of Ordinance 214, Tree Preservation, and; 3. Custom grading of Lots 4 and 5, Block 2 will prevent excess grading adjacent to a significant wetland, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow: 1. A Minimum Lot size of2.3 acres for Lots 1 and 2, Block 1 within the proposed plat 2. Custom Grading of Lots 4 and 5, Block 2 as approved by the City Engineer and Building Official. 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 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 and any other agency that may be interested in the site. 2. Contingent upon the approval of the Comprehensive Plan Amendment, Contract Rezoning and the Special Use Permit for the Planned Unit Development. 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. Park dedication 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. 6. The developer shall provide an easement for public trail purposes between Lots 2 and 3, Block 1 and prepare the trail bed to city specifications. Adopted by the City Council of the City of Andover this 18th day of June, 2002. CITY OF ANDOVER AT:rEST: ~~A~ LJ¡;;,; . t!~ Victoria V olk, City Clerk ¡chael R. Gamache, Mayor 5 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R102-02 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF MARTE AND MICHELLE BYRNE TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OF LOT 9, BLOCK 2 HIDDEN CREEK EAST ADDITION WHEREAS, Marte and Michelle Byrne have requested to vacate a portion of a drainage and utility easement located on Lot 9, Block 2, Hidden Creek East, legally described on Exhibit A dated June 5, 2002, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following conditions: 1) That the request is subject to a sunset clause. If the City Council detennines that no significant progress has been made within the first twelve months fÌ'om the approval date the resolution shall be null and void. Adopted by the City Council of the City of Andover on this 4th day of June 2002. CITY OF ANDOVER Z~~d¿ . ATTEST ichael R. Gamache, Mayor /!,;£;,~ !J~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RIOI-02 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR RY-CHEL GAUSTAD TO SUBDIVIDE PROPERTY INTO TWO URBAN RESIDENTIAL LOTS FOR PROPERTY LOCATED AT 1516 148TH LANE NW LEGALLY DESCRIBED AS FOLLOWS: Lot I, Block 4 OAK BLUFF, Anoka COlmty, Minnesota WHEREAS, Ry-chel Gaustad has requested approval of a lot split to subdivide property pursuant to Ordinance No. 40, located at 1516 148th Lane NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined 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. 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 survey shall be revised to provide an additional five foot wide easement on both sides of the proposed interior property line. 2. The applicant shall prepare and submit to the City for approval a separate easement docwnent indicating an additional five foot wide easement on both sides of the proposed interior property line to be recorded with Anoka County. 3. The applicant shall submit to the City three signed original copies of the survey. 4. The purchaser of the property shall be required to confonn with all of the requirements of the City of Andover Building Department. 3 5. The applicant shall be required to hook up to City sewer and petition the City to connect. The applicant must disclose to the buyer ofthe new lot that an assessment will be due and payable for sewer service at the time of connection. 6. The applicant shall pay park dedication in the amount of$I,700. 7. The applicant shall pay a trail fee in the amount of $412. 8. 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 / eft, day of ~ 2002. CITY OF ANDOVER ~~K~-..L ATTEST: Mike Gamache, Mayor Utu-' ¿J.v&/ Victoria V olk, City Clerk 4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 100-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 02-30 FOR ANDOVER BOULEVARD EXTENSION TRAIL IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the trail improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the feasibility report for the improvement of the Andover Boulevard Extension Trail Improvements, Project 02-30; and BE IT FURTHER RESOLVED by the City Council to hereby direct the...Q!ï. Enqineer to prepare the feasibility report for such improvement project. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 18th day of June , 2002 , with Councilmembers Trude. Kniqht. Gamache. Jacobson. Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~d~ ichael R. Gamache - Mayor dL !J~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 099-02 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 00-37. TOWNHOMES OF WOODLAND CREEK. WHEREAS, the developer 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 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 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 18th day of June , 2002 , with Councilmembers Trude. Kniç¡ht. Gamache. Jacobson. Orttel 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 ¡f~ fYL/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES, NO. R098-02 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF CLARENCE T. ZULEGER FOR RETAIL TRADE AND SERVICES IN THE INDUSTRIAL ZONING DISTRICT FOR PROPERTY LOCATED AT 3138 I 62ND LANE NW. WHEREAS, Clarence T. Zuleger has requested a Special Use Permit for retail trade and services in the industrial zoning district for property located at 3138 1 62nd Lane NW (PIN #16 32 24 23 0024); located on property legally described as: The east 150 feet of the west 400 feet ofthe south 433 feet of the north 2184.99 feet of the west half of the Northwest Quarter of Section 16, Township 32, Range 24, except roads, subject to easements of record, Anoka County, Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8 section 5.03 B (2), 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 retail trade and services in the industrial zoning district on said property with the following conditions: 1. All aspects of the proposed business shall conform with the requirements of Ordinance No.8 section 5.03 B (2). 2. Upon sale of the premises for which the Special Use Permit is granted, such Permit shall terminate. 3. That the permit runs with the current owner, Clarence T. Zuleger, and any new owner . would be required to reapply for a permit. 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. 5. Subject to property being inspected by the Building Official and Fire Chief and the building being brought into conformance with the current Uniform Building and Fire Codes. Adopted by the City Council of the City of Andover on this 4th day of June, 2002. CITY OF ANDOVER ATTEST: rLi;;,~ ¿luI£ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R097-02 A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF TODD P ALLUM FOR A REPAIR GARAGE, TOWING SERVICE AND OUTDOOR STORAGE FOR PROPERTY LOCATED AT 3118 I 62ND LANE NW. WHEREAS, Todd Pallum has requested a Special Use Pennit for repair garage, towing servie and outdoor storage for property located at 3118 I 620d Lane NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request does not meet the criteria of Ordinance 8 section 5.03 B, Ordinance 8 section 7.01, Ordinance 8 section 7.04, Ordinance 8 section 8.01, and; WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommended denial of the Special Use Pennit 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 denies the Special Use Pennit for a repair garage, towing service and outdoor storage on said property based on the following reasons: 1. While Ordinance 8 Section 7.01, Pennitted Uses does allow repair services in industrial districts, Ordinance 7.04 Uses Excluded prohibits auto storage and reduction yards, junk yards and exterior storage of waste tires. 2. Ordinance 8 Section 8.01, allows exterior storage of not more than two unlicensed motor vehicles or the remains thereof. Vehitles cannot be kept for the purpose of dismantling, sale of parts, sale as scrap, storage, or abandonment. 3. The pole buildings do not comply with the unifonn building code requirements for the type of business that is proposed. 4. The exterior materials of the buildings do not confonn to the City's architectural standards. Also, the easterly building does not meet the side yard setback requirement of 10 feet. These building are nonconfonning structures 5. The parking area does not meet current standards. 6. There is a large amount of refuse on the property. Adopted by the City Council of the City of Andover this L day of June , 2002. CITY OF ANDOVER ~¿ """ ¡chael R. Gamache - Mayor Attest: Ú;w ()þ Victoria V olk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. 096-02 A RESOLTION APPROVING THE LOT SPLIT REQUEST FOR JOHN STAHNKE TO SPLIT AN URBAN RESIDENTIAL LOT INTO TWO URBAN RESIDENTIAL LOTS WITH VARIANCES TO THE MINIMUM LOT WIDTH OF THE SINGLE F AMIL Y URBAN RESIDENTIAL (R-4) ZONING DISTRICT. The property to be divided into two single family residential lots is legally described as: Lot 3, Auditor's Subdivision No. 137, Anoka County, Minnesota. WHEREAS, John Stahnke has requested approval ofa lot split to subdivide an urban residential property into two urban residential lots; and WHEREAS, the Planning and Zoning Commission has reviewed and request and has detennined that said request meets the criteria of Ordinance No.8 and 10; and WHEREAS, the Planning and Zoning Commission and City Council find that there are findings to support variances to minimum lot width of the Single Family Urban Zoning District (R-4) as listed below: 1. The property was described as 165 +/- feet wide on Auditors Subdivision 137. The actual width of the property is only 154.45 feet. 2. Sewer and water stubs have been constructed for two lots to serve this property. 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: I. Soil borings are conducted to establish buildability prior to issuance of a building' pennit. 2. City staff will investigate other ways to safely close the underground abandoned pipe (i.e. fill with sand and concrete over). The manholes must be properly closed to avoid someone getting into it. 3. The property owner shaH hold the City harmless regarding the pipe being left in the ground. 4. The applicant must petition for City sewer and water services. 5. Establish (by separate document) ten-foot easements along both the ttont and rear yards, and five-foot easements along the side yards of both properties. 6. Establish (by separate document) an easement to protect the 100 year flood plain along the rear of the property, 7. Payment of a $1,700 park dedication fee. 8. Payment of a $412 trail fee. Adopted by the City Council of the City of Andover on this 4th day of June ,2002, CITY OF ANDOVER ~~~ Mike Gamache, Mayor ATTEST: a;J;;~ Ill//' Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R095-02 A RESOLUTION DENYING THE VARIANCE REQUEST FOR JOHN DALOS TO INCREASE THE FENCE HEIGHT WITHIN THE FRONT YARD SETBACK FROM FOUR TO FIVE FEET ON PROPERTY LOCATED AT 15672 KIOWA STREETNW. WHEREAS, John Dalos has petitioned to vary from the maximum fence height requirement within the front yard setback as described in Ordinance 8, Section 4,21, for property located at 15672 Kiowa Street NW legally described as follows: Lot 1, Block 4 RUM RIVER FOREST, Anoka County, Minnesota WHEREAS, the City Council fmds that the applicant has not demonstrated hardship would be incurred through strict enforcement of the ordinance, and; WHEREAS, Ordinance 8, Section 4.21, provides a maximum fence height of four feet within front yard setbacks for all residential lots throughout the City, and; WHEREAS, the applicant has other feasible options to locate the fence; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the proposed variance request. Adopted by the City Council of the City of Andover on this 4th day of June, 2002. CITY OF ANDOVER '-'j?~@~ ATTEST: Michael R. Gamache, Mayor ~-/ !JdV Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R094-02 A RESOLUTION GRANTING THE V ACA TION OF EASEMENT REQUEST OF MIKE AND TONI GRUNSTROM TO V ACA TE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OF LOT 3, BLOCK 3, COUNTRYVIEW ESTATES, 17729 EIDELWEISS STREET NW WHEREAS, Mike and Toni Grunstrom have requested to vacate a portion of a drainage and utility easement located on Lot 3, Block 3, Countryview Estates, legally described on Exhibit A dated June 17, 2002, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council 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 detennines that no significant progress has been made within the first twelve months from the approval date the resolution shall be null and void. 2) That a driveway culvert be installed by the applicant under the new driveway at the time the new driveway is constructed. 3) That the a driveway culvert be constructed under the existing driveway or exposed if one currently exists. Adopted by the City Council of the City of Andover on t1ús 4th day of June 2002. CITY OF ANDOVER vk4¿ A TIEST Michael R. Gamache, Mayor , ()db ~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 093-02 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 02-1 (HIDDEN CREEK EAST PARK). 02-5 (SHADOWBROOK EAST PARK). 02-6 (WILD IRIS PARK) AND 02-9 (PINE HILLS & TIMBER RIVERS PARK). WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 071-02 ,dated Mav 7, 2002, bids were received, opened and tabulated according to law with results as follows: North Valley, Inc. $366,399.40 W.B. Miller, Inc. $384,195.85 Frattalone Paving, Inc. $430,036.65 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate North Valley Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with North Vallev Inc. in the amount of $366.399.40 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Orttel and adopted by the City Council at a reQular meeting this 4th day of June , 2002 , 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: ~ /LZ;,;.; ()dIJ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R- 092-02 A RESOLUTION APPROVING A TIME EXTENSION FOR THE PRELIMINARY PLAT AND SPECIAL USE PERMIT FOR AZTEC ESTATES FOR HARSTAD HILLS, INC. WHEREAS, Harstad Hills, Inc. has requested approval of an additional six month extension of time to allow them to deal with a variety of wetland issues on the property known as Aztec Estates; and WHEREAS, the developer Harstad Hills, Inc. has indicated that a court hearing has been scheduled for June 11, 2002 to settle a dispute over the wetland issues; and WHEREAS, the settlement as a result of the court hearing would allow the developer to completed the development; and WHEREAS, the granting of a six month time extension 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 previously held pursuant to state statutes; and NOW THEREFORE, BE IT RESOLVED, the City Council fmds that there are reasons to support the granting an additional six month time extension to the time allowed to complete the requirements of the preliminary plat and special use pennit that had been previously approved. Adopted by the City Council of the City of Andover this 4th day of June, 2002. CITY OF ANDOVER Attest: /l?qÆ&~ Michael R. Gamache - Mayor 1L:t;~ ¿Vb Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091-02 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 99-15 ,WATERMAIN TRANSMISSION LINES, WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 064-02 ,dated April 16, 2002, bids were received, opened and tabulated according to law with results as follows: Richard Knutson Inc. $303,343.95 Burschville Construction Inc. $360,702.50 Earth Burners Inc. $362,842.22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Richard Knutson 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 Richard Knutson Inc. in the amount of $303.343.95 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 regular meeting this 4th day of June , 2002 , with Council members Trude. Knight. 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. Ichael R. Gamache - Mayor ¡l,,~~ j ¡}d/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 090-02 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING QUOTES AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-5 , SHADOWBROOK EAST PARK IRRIGATION, WHEREAS, pursuant to advertisement for quotes as set out in Council Resolution No. 074-02 ,dated May 7, 2002, quotes were received, opened and tabulated according to law with results as follows: Contractor Base Bid (lrriaate West side of Ballfields) AlternateTOTAL Albrecht Irrigation $37,338.00 $982.00 $38,320.00 Mickman Brother, Inc. $39,498.00 $490.00 $39,988.00 T J's Sprinkler Systems, Inc. $47,280.00 $1,040.00 $48,320.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the quotes as shown to indicate Albrecht Irriaation as being the apparent low quoter. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Albrecht Irriaation in the amount of $38,320.00_ for construction of the improvements, MOTION seconded by Council member Kniaht and adopted by the City Council at a reaular meeting this 4th day of June , 2002 , with Council members Trude. Kniaht. Orttel. Gamache. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~;/e}~ ichael R. Gamache - Mayor ¿L~*,-¥J ()¿¿; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 089-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 01-30 FOR PRAIRIE ROAD RECONSTRUCTION. WHEREAS, the City Council did on the 5TH day of February ,2002, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by MFRA and presented to the Council on the 4th day of June , 2002 ; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 561 ,979.30 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 $ 561 ,979.30 , and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of MFRA to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reoular meeting this 4th day of June , 2002 , with Councilmembers Trude. Knioht. Orttel. Gamache, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: It < t¡~ .::t;: ,f A L..-" Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 088A-02 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING QUOTES AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-7. HIDDEN CREEK NORTH PARK FENCING. WHEREAS, pursuant to advertisement for quotes as set out in Council Resolution No. 083-02 ,dated May 21, 2002, quotes were received, opened and tabulated according to law with results as follows: North Star Fence $29,820.84 Able Fence, Inc. $35,845.00 Anchor Fence of MN, Inc. $39,691.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the quotes as shown to indicate North Star Fence as being the apparent low quoter. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with North Star Fence in the amount of $29.820.84 for construction of the improvements. MOTION seconded by Council member Knight and adopted by the City Council at a regular meeting this 4th day of June , 2002 , with Council members Trude, Knight, Ortlel. Gamache, Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 'l~~ d~¿- IyTfchael R. Gamache - Mayor .1d,;w' Ilæ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 088-02 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE TRAIL IMPROVEMENT FOR PROJECT NO. 01-21 FOR EAST SIDE OF HANSON BOULEVARD NW & SOUTH OF CROSSTOWN BOULEVARD NW TO 150lH LANE NW . WHEREAS, the City Council is cognizant of the need for the trail improvement; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the trail improvement for Project 01-21, East Side of Hanson Boulevard NW & South of Crosstown Boulevard NW to 150th Lane NW ; and BE IT FURTHER RESOLVED by the City Council to hereby direct the -ºi!Y. EnQineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reQular meeting this 21st day of May , 2002 , with Councilmembers Trude, Jacobson. Orttel. Gamache. Knioht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: l.At' Mi ~¡;$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 087-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 01-13 FOR THE VERDIN STREET TRAIL. WHEREAS, the City Council did on the L day of March ,2002, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the Citv Enqineer and presented to the Council on the 21st day of Mav , 2002 ; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 113,829.45 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 $ 113.829.45 and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the Citv 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 21st day of Mav , 2002 , with Councilmembers Trude. Orttel. Gamache. Kniaht voting in favor of the resolution, and Councilmembers Jacobson voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~-< M' ael R. Gamache - Mayor (L~ d~ Victoria Volk - City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER,M~SOTA HELD: May 21,2002 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 Tuesday, May 22, 2002, at 7:00 o'clock P.M., for the purpose, in part, of considering proposals for and awarding the sale of $9,780,000 General Obligation Water Revenue Bonds, Series 2002 of the City. The following members were present: Jacobson, Knight, Gamache, Orttel, Trude and the following were absent: None Member Trude introduced the following resolution and moved its adoption RESOLUTION NO. 086-02 RESOLUTION ACCEPTING PROPOSAL ON SALE OF $9,780,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 2002, PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR THE SECURITY THEREOF NET REVENUES A. WHEREAS, the City of Andover, Minnesota (the "City"), owns and operates a municipal water system as a separate revenue producing public utility (the "System") and there are outstanding General Obligation Permanent Improvement Revolving Fund Bonds, Series 2001A, dated June 1,2001 (the "Outstanding Bonds"), a portion of which are payable from the net revenues ofthe System; and B. WHEREAS, the City Council has heretofore determined that it is necessary and expedient to issue $9,780,000 General Obligation Water Revenue Bonds, Series 2002 (the "Bonds" or, individually, a "Bond"), pursuant to Minnesota Statutes, Section 444.075 and Chapter 475 to finance improvements to the System (the "Project"); 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, Subilivision 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 10:00 A.M., Central Time, this same day; and 1407668v1 E. WHEREAS, it is in the best interests ofthe City that the Bonds be issued in book- entry fonn as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds, in accordance with the Tenns 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, detennined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The City Clerk is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks and drafts. 2. Bond Tenns. (a) Title: Original Issue Date: Denominations: Maturities: Tenn Bond Option. The Bonds shall be titled "General Obligation Water Revenue Bonds, Series 2002", shall be dated June 1, 2002, as the date of original issue and shall be issued forthwith on or after such date in fully registered fonn. The Bonds shall be numbered :trom 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 February 1 in the years and amounts as follows: Year Amount Year Amount 2004 $310,000 2014 $475,000 2005 320,000 2015 500,000 2006 335,000 2016 525,000 2007 345,000 2017 550,000 2008 360,000 2018 580,000 2009 375,000 2019 610,000 2010 395,000 2020 645,000 2011 415,000 2021 680,000 2012 435,000 2022 715,000 2013 455,000 2023 755,000 All dates are inclusive. . As may be requested by the Purchaser, one or more tenn Bonds may be issued having mandatory sinking fund redemption and final maturity amounts confonning to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only 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: 2 1407668vl (i) The Bonds shall be initially issued and, so long as they remain in book entry fonn only (the "Book Entry Only Period"), shall at all times be in the fonn of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee ofthe existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records ofthe 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 ofthe 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 detennined 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 1407668vl (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 agencylbond registrar agreement, shall agree to take any actions necessary ITom 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 ofthe reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination ofBook-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 ofthe 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 1407668vl (ii) Upon tennination 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 tenns, or if the City detennines that it is in the best interests ofthe 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 ofthe resolution, and if and to the extent any such provisions are inconsistent with the other provisions ofthis resolution, the provisions in the Letter of Representations shall control. 3. Purpose: Cost. The Bonds shall provide funds to finance the Project in the City. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount ofthe Bonds. The City covenants that it shall do all things and perfonn all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all pennits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1,2003, 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 Interest Maturity Interest Year Rate Year Rate 2004 % 2014 % 2005 2015 2006 2016 2007 2017 2008 2018 2009 2019 2010 2020 2011 2021 2012 2022 2013 2023 5 1407668vl 5. Redemption. All Bonds maturing in the years 2013 to 2023, both inclusive, shall be subject to redemption and prepayment at the option of the City on August 1, 2012, 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 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 ofthe Bonds at least thirty (30) days prior to the date fixed for redemption. 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 ofthe 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 ofthe 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, ifthe 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 the Holder's 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 ofthis 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: 6 !407668v! UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION WATER REVENUE BOND, SERIES 2002 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP FEBRUARY 1, 20_ JUNE 1, 2002 REGISTERED OWNER: 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, 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 February I and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 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 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 US. 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 ofthe 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 ofthe 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 tenns are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender ofthis 7 1407668vl Bond shall not be required for payment of the redemption price upon a partial redemption ofthis Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name ofthe Depository or its Nominee. Redemption. All Bonds of this issue (the "Bonds") maturing in the years 2013 to 2023, both inclusive, are subject to redemption and prepayment at the option of the Issuer on August 1, 2012, 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. Ifredemption is in part, the maturities and 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 at least thirty (30) days prior to the date fixed for redemption. 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, :ITom 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 ofthe 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 the Holder's 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 $9,780,000, all of like 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 ofthe Issuer on May 21,2002 (the "Resolution"), for the purpose of providing money to finance improvements to the municipal water system within the jurisdiction ofthe Issuer. This Bond is payable out of the General Obligation Water Revenue Bonds, Series 2002 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 and are hereby irrevocably pledged. 8 1407668v1 Denominations; Exchange: Resolution. The Bonds are issuable solely in fully registered fO!1ll 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 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 ofthe Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the te!1llS 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 ofthis 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 on the reverse side hereof 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 perfo!1lled, precedent to and in the issuance ofthis Bond, have been done, have happened and have been perfo!1lled, in regular and due fO!1ll, time and manner as required by law; that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for the service, use and availability of its municipal water system (the "System") at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the Bonds, adequate to pay all principal and interest when due on the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all ofthe taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on the Bonds ofthis issue as they respectively become due, if the 9 1407668vl net revenues from the System, and any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; 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. Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CITY OF ANDOVER, ANOKA COUNTY, CERTIFICATE OF MINNESOTA AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned /s/ Facsimile within. Mayor /s/ Facsimile Clerk U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature 10 1407668v1 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 IT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this 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 ifthe Bond is held by joint account.) 11 1407668vl PREPA~ENTSCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE AMOUNT AUTHORIZED SIGNATURE OF HOLDER 12 1407668v1 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf ofthe 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 pennitted 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 fonn 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 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 fonn 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 ofthe 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 1,2002. 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 oftransfers 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 ofthe Bonds to be exchanged at the principal office of the Bond Registrar. Whenever 13 1407668vl any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations ofthe 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 fonn 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 pennit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the tenns of said agreement. II. 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 (l5th) 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 (l0) 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 1407668v1 14. Delivery; Application of Proceeds, The Bonds when so prepared and executed shall be delivered by the Treasurer 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 established a special fund to be designated the "General Obligation Water Revenue Bonds, Series 2002 Fund" (the "Fund") to be administered and maintained by the Treasurer as a bookkeeping account separate and apart rrom 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. The Operation and Maintenance Account heretofore established by the City shall continue to be maintained in the manner heretofore provided by the City. All moneys remaining after paying or providing for the items set forth in the resolution establishing the Operation and Maintenance Account shall constitute and are referred to as "net revenues" until the Bonds and the Outstanding Bonds have been paid. There shall be established and maintained in the Fund the following separate accounts to which shall be credited and debited all income and disbursements of the System as hereinafter set forth. The Treasurer of the City and all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the City's System in accordance with this resolution. In such records there shan be established and maintained accounts of the Fund for the purposes and in the amounts as follows: (a) Construction Account. To the Construction Account there shall be credited the proceeds ofthe sale of the Bonds, less accrued interest received thereon, less any amount paid for the Bonds in excess of $9,647,970. From the Construction Account there shall be paid an costs and expenses ofthe Project, 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. Any balance remaining in the fund after completion ofthe costs shall be transferred to the Debt Service Account. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) the net revenues ofthe System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter rrom time to time be irrevocably appropriated to the account sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest ofthe Bonds; (ii) an funds paid for the Bonds in excess of $9,647,970; (iii) all accrued interest received upon delivery of the Bonds; (iv) arty collections of all taxes which may hereafter be levied in the event that the net revenues and other funds herein pledged to the payment of the principal and interest on the Bonds are insufficient therefor; (vii) all funds remaining in the Construction Account after completion of the Project and payment ofthe costs thereof; (v) all investment earnings on funds held in the Debt Service Account; and (viii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable rrom said account as provided by law. 15 14Q7668vl 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 Construction Account, Operation and Maintenance Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Excess Net Revenues. Net revenues in excess of those required for the foregoing may be used for any proper purpose. 17. Sufficiencv of Net Revenues; Coverage Test. It is hereby found, detennined and declared that the net revenues of the System are sufficient in amount to pay when due the principal of and interest on the Bonds and on the Outstanding Bonds and a sum at least five percent (5%) in excess thereof, and the net revenues of the System are hereby pledged for the payment of the Bonds on a parity oflien with the Outstanding Bonds and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of the Bonds as the same become due. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been detennined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. 18. Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Bonds and on the Outstanding Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations". 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 irrevocably pledged. If the net revenues of the System 16 1407668vl appropriated and pledged to the payment of principal and interest on the Bonds, together with other funds irrevocably appropriated to the Debt Service Account herein established, shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Debt Service Account when a sufficient balance is available therein. 20. 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 pennitted 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 tenns, 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. 21. 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 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"), 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 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 ofthe City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid 17 1407668vl (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% ofthe "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% ofthe proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any ofthe 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 shaJl and wiJl be made forthwith following (but not prior to) the issuance ofthe Bonds and in all events within the period ending on the date which is the later of 18 months after payment of the Reimbursement Expenditure or one year after the date on which the Project to whiçh 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 20 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. 22. 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 infonnation repository ("NRMSlR") and to the appropriate state infonnation 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 infonnation and operating data in accordance with the Undertaking. The City reserves the right to modifY from time to time the tenns 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 infonnation with respect to the City described in the Undertaking. 18 1407668vl (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the fIolders 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 (the "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. 23, Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register. 24. Records and Certificates. The officers ofthe City are hereby authorized and directed to prepare and fumish 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 ofthe City as to the facts recited therein. 25. Negative Covenant as to Use of Proceeds and Proiect. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or pennit 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. 26, Tax-Exempt Status of the Bonds and 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. The City expects to satisfy the twenty four (24) month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148-7(e)(1) ofthe Regulations. If any elections are available now or hereafter with respect to arbitrage or rebate matters relating to the Bonds, the Mayor, Clerk-Treasurer, or either ofthem, are hereby authorized and directed to make such elections as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections ofthe City. 19 1407668v1 27. Designation ofOualified 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 defined in Section 141 ofthe 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 2001 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2001 have been designated for purposes of Section 265(b)(3) ofthe 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. 28. 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 ofthis 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 Jac.obson 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: Nóne Whereupon the resolution was declared duly passed and adopted. 20 1407668v1 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$9,780,000 General Obligation Water Revenue Bonds, Series 2002. WITNESS my hand this 2151 day of May, 2002. I~ /J/þ Clerk 21 1407668vl CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 085-02 A RESOLUTION APPROVING CHANGE ORDER #1 (COMPENSATING) TO PROJECT NO. 00-16, GREY OAKS (PHASE 1\). WHEREAS, the City of Andover has a contract for Project No. 00-16 with SR Weidema. Inc. of Brooklvn Center. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 00-16. Adopted by the City Council of the City of Andover this 21 ST day of Mav , 2002. CITY OF ANDOVER ATTEST: ~ Mi ael R. Gamache - Mayor ~ ¿/ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084-02 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 00-5A FOR 2002 MILL & OVERLAYI7TH AVENUE AREA. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 057-02 ,dated April 16, 2002, bids were received, opened and tabulated according to law with results as follows: Bauerly Companies $476,076.56 W.B. Miller, Inc. $529,580.45 North Valley, Inc. $558,920.12 NOW, TH EREFORE, 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 $476,076.56 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 21st day of Mav , 2002 , 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: ~&'Itf.?A4 Mic ael R. Gamache - Mayor 1Lt-~ IltL/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 083-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND OBTAIN QUOTES FOR PROJECT NO. 02-7 ,FOR HIDDEN CREEK NORTH PARK . WHEREAS, pursuant to Resolution No. 027-02 , adopted by the City Council on the 1910 day of February , 2002 ,the City EnQineer has prepared final plans and specifications for Project 02-7 for Hidden Creek North Park WHEREAS, such final plans and specifications were presented to the City Council for their review on the 21st day of Mav , 2002 . 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 at 11 :00 a.m. , Mav 29 , 2002 at the Andover City Hall. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 21st day of Mav , 2002 , with Councilmembers Trude, Jacobson. Orttel. Gamache. Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ift:2~~ M hael R. Gamache - Mayor ~ tJr-tú Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 082-02 MOTION by Council member Trude to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 99-15 , WATER TREATMENT PLANT. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 064-02 , dated April 16, 2002, bids were received, opened and tabulated according to law with results as follows: Rice Lake Contracting $7,869,400.00 - $20,000 (Deduct) = $7,849,400.00 Madsen-Johnson Corp. $8,338,800.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Rice Lake Contracting as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Rice Lake Contracting in the amount of $7.849,400.00 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 regular meeting this 21st day of Mav , 2002 , with Council members Trude, Jacobson. Ortiel. Gamache. Knight voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mi U~ ¿I~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. n g 1 - 02- MOTION by Councilmember Trude to adopt the following: A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, SERIES B, A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), issued on behalf of the City, $6,315,000 General Obligation Improvement Bonds of 1997, Series B, dated July I, 1997 (the "Bonds"), of which Bonds $3,100,000 still remains outstanding; and B. WHEREAS, all ofthe said Bonds maturing in the years 2000 to 2005, both inclusive, are subject to redemption and prepayment at the option ofthe City in inverse order, on December I, 1999, and on any interest payment date thereafter 'at par and accrued interest, all as provided in the resolution of the City Council dated May 20, 1997 authorizing the issuance of said Bonds (the "Resolution"), and C. WHEREAS, the City Council deems it desirable and in the best interests ofthe City to call all ofthe Bonds maturing in the years 2004 and 2005, on December I, 2002, 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 ofthe Bonds maturing in the years 2004 and 2005, shall be redeemed and prepaid on December I, 2002 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 December 1, 2002, 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 ofthe Bonds. Said notice shall be in substantially the following form: NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, SERlES B CITY OF ANDOVER ANOKA COUNTY MINNESOTA Notice is hereby given THAT BY ORDER OF THE City Council ofthe City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on December 1, 2002 Those outstanding bonds ofthe City designated as General Obligation Improvement Bonds of 1997, Series B, dated July 1,1997, having stated maturity dates in the following years, totaling $1,545,000* in principal amount, and having CUSIP numbers listed below: Year CUSIP Number** 2004 034313 RA 6 2005 034313 RB 4 The bonds are being called at a price of par plus accrued interest to December 1, 2002, 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 December 1, 2002. * 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: May 21, 2002. Important Notice: Under the Interest and Dividend Compliance Act of 1983,31% will be withheld iftax 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 ofthe call date. MOTION seconded by Councilmember ,] a c 0 b son and adopted by the City Council of the City of Andover on this 21" dav of Mav, 2002. with Councilmembers G a m a c he, 0 v&frfg\tl fWo'Ì- <ò~ hPerre:sdíHtidh~ &rtd è¡;Hrth~lmembers nnnp voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: pRd~ Michael R. Gamache ~ tJ# 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 hnprovement Bonds of 1997, Series B. WITNESS my hand as such City Clerk this 21st day of May, 2002. ~ ()¿b City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 080-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999, SERIES C. A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), issued on behalf of the City, $3,525,000 General Obligation Improvement Bonds of 1999, Series C, dated October 1, 1999 (the "Bonds"), of which Bonds $2,115,000 still remains outstanding; and B. WHEREAS, all of the said Bonds maturing in the years 2002 to 2004, both inclusive, are subject to redemption and prepayment at the option of the City in inverse order, on December 1, 2001, and on any interest payment date thereafter at par and accrued interest, all as provided in the resolution of the City Council dated August 17, 1999 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 ofthe Bonds maturing in the years 2003 and 2004, on December 1, 2002, the interest payment date, in accordance with said Resolution; and NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover, Minnesota, as follows: 1. Bonds to be Redeemed. All ofthe Bonds maturing in the years 2003 and 2004, shall be redeemed and prepaid on December 1, 2002 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 December 1, 2002, 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 fonn: NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999, 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 December 1,2002 Those outstanding bonds ofthe City designated as General Obligation Improvement Bonds of 1999, Series C, dated October 1, 1999, having stated maturity dates in the following years, totaling $1,410,000* in principal amount: Year 2003 2004 The bonds are being called at a price of par plus accrued interest to December 1,2002, on which date all interest on said bonds will cease to accrue. U.S. Bank National Association (fonnerly, 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 December 1 , 2002. * Indicates full call. Dated: May 21,2002. 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 Jacobson and adopted by the City Council of the Ci&; of Andover on this 21st dat of Mavê 2002. with rttel, Jacobson, Knl gn , I Y'ud CounciImembers G a m a c h e , voting in favor of the resolution, and Councilmembers non~ voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ichael R. Gamache ~a& 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 hnprovement Bonds of 1999, Series C. WITNESS my hand as such City Clerk this 21 st day of May, 2002. ~ t!./b City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 079-02 A RESOLUTION MODIFYING CITY OF ANDOVER RESOLUTION NUMBER 03- 02, A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes, Section l18A 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, trom time to time, able to pay the City of Andover interest rates on deposits that are greater than can be obtained trom the official depositories; and WHEREAS, Firstar Trust Co. of Minnesota financial institution will now be known as US Bank; and WHEREAS, US Bank can provide services to the City of Andover comparable to the City's current official depository. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that Firstar Trust Co. of Minnesota be removed as an additional depository for 2002 and US Bank added as an additional depository for investment and cash management purposes only. Adopted by the Andover City Council on the 21st day of May 2002. CITY OF ANDOVER ATTEST: Z~1:~~or !J;;/;;;;./ tVÞ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 078-02 A RESOLUTION APPROVING CHANGE ORDER # 1 TO PROJECT NO, 01-2, - - BALL FIELD FACILlTYIWEST OF HIGH SCHOOL FOR IRRIGATION REPAIR. WHEREAS, the City of Andover has a contract for Project No. 01-2 with T J's Sprinkler Svstems of Anoka. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 01-2. Adopted by the City Council of the City of Andover this 21st day of Mav , 2002 CITY OF ANDOVER ATTEST: '~R/J~' MI hael R. Gamache - Mayor 1Lt~ tUb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Resolution No. R 0 77 - 0 2 Council Member Orttel introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $9,780,000 General Obligation Water Revenue Bonds, Series 2002 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue its $9,780,000 General Obligation Water Revenue Bonds, Series 2002 (the "Bonds"), to finance the construction ofa water treatment plant and related improvements to the municipal water system in the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Andover, Minnesota, as follows: I. Authorization: Findin&s. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2, Meetinl!: ProDOsal ODenine. The City Council shall meet at the time and place specified in the Terms of Proposal for the purpose of considering sealed proposals for, and awarding the sale of the Bonds. The City Clerk, or designee, shall open proposals at the time and place specified in such Terms of Proposal. 3. Tenns ofProDOsal. The terms and conditions of the Bonds and the sale thereof are fully set forth in the Bond Sale Report and are hereby approved and made a pari hereof, 4. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member TrlJrlp and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: Knight, Gamache, Jacobson, Orttel, Trude and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. Dated this 7th day of May, 2002. r Üdb ILL A"....- City Clerk (SEAL) i , \ CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R076-02 A RESOLUTION GRANTING THE V ACA TION OF EASEMENT REQUEST OF BETSY HOFFMAN TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OF LOT 2, BLOCK 2, WOODLAND CREEK 3RD ADDITION, 13885 IVYWOOD STREET NW (PIN 33-32-24-23-0015), WHEREAS, Betsy Hoffman has requested to vacate a portion of a drainage and utility easement located on Lot 2, Block 2, Woodland Creek 3rd Addition, legally described on Exhibit A dated May 3rd, 2002 and revised May 7th, 2002, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following condition: 1) 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) Subject to verification of any private utilities within the easement are to be vacated. Adopted by the City Council of the City of Andover on this 7th day of May 2002. CITY OF ANDOVER :tffPM ATTEST ¡chael R. Gamache, Mayor &~dffi Victoria V olk, City Clerk EXHIBIT A HY - LAND SURVEYING, P.A. LAND SURVEYORS 23768 INVOICE NO. 8700 Jt,ffc.~, Highway F.B. HQ. SCALE J-. SO' Osaeo, Mfnneeota 55369 N (763)493-5761 ~_... of Soct:kIn _ ~ut"'lt1"ynt"'s (l¡n-tifintÍ1" T_1p _ Range _ W E NOTE: PROPERTY CORNERS SET BY DEVELOPERS SURVEYOR S BETSY HOFFMAN -------- DRAINAGE AND UTILITY EASEMENT TO BE VACATED That part of the Drainage and Utility Easement on Lot 2, Block 2, WOODLAND CREEK THIRD ADDITION, according to the recorded plat thereof, lying northeasterly of a line drawn from a point on the northwesterly line of said lot distant 73 ,00 feet southwesterly of the most northerly corner of said lot to a point on. the southeasterly line of said lot distant 72.00 feet southwesterly of the northeast corner of said lot and lying southwesterly of a line drawn from a point on the northwesterly line of said lot distant 64,00 feet southwesterly of the most northerly corner of said lot to a point on the southeasterly line of said lot distant B,OO feet southwesterly of the northeast corner of said lot and lying northwesterly of the southeasterly l3.00 feet thereof and lying southeasterly of the northwesterly l3.00 feet thereof. ~9T 2, BLOCK 2, WOODLAND CREEK 3RD ADDITION 1M only -...nb ~ _ from pkrb of reeard of InfonorwItIa!, ~ by CÜllnt. r; 1 h....y orttfy that thla .uNIty .. pr1IpCIr'IId by me 01 untW m, cÐract ~. end Ulot I am a duly ~ 1..and SuNe)Clf" under the I.. of the Stet. at ...,nMOtG. Slgned 'u",")IId by UI \hll 3RO dayal MAY .20 02 REV. MAY 7, 2002 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 075-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99-8 ,FOR MUNICIPAL WELL #8. WHEREAS, pursuant to Resolution No. 174-01 , adopted by the City Council on the ~ day of December ,2001, the City Enaineer has prepared final plans and specifications for Project 99-8 for Municipal Well #8. WHEREAS, such final plans and specifications were presented to the City Council for their review on the L day of Mav ,2002. 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. , June 12 , 2002 at the Andover City Hall. MOTION seconded by Council member Ortlel and adopted by the City Council at a reaular meeting this L day of Mav , 2002 , with Councilmembers Trude. Ortlel. Gamache. Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~4?-4'.....L Ichael R. Gamache - Mayor iLL #,& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 074-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND OBTAINING QUOTES FOR IRRIGATION FOR PROJECT NO. 02-5 ,FOR SHADOWBROOK EAST PARK . WHEREAS, pursuant to Resolution No. 025-02 , adopted by the City Council on the 19t1\ day of Februarv ,2002, the City Enqineer has prepared final plans and specifications for Project 02-5 for Shadowbrook East Park WHEREAS, such final plans and specifications were presented to the City Council for their review on the ylh day of Mav I , 2002 . 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 at 10:30 a,m. , Mav 29 , 2002 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this ylh day of Mav , 2002 , 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: æ(t(¿¿yor ~ d.t.b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 073-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 01-12, FOR NEW ELEMENTARY SCHOOL & VERDIN STREET NW STREET IMPROVEMENTS 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...1Q... years, the first of the installments to be payable on or before the 1 st Monday in January, 2003 and shall bear interest at a rate of ---ª- percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reaular meeting this ih day of Mav , 2002 , 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: ~{U£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R072-02 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR MATT AND TARA KUKER TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOtS FOR PROPERTY LOCATED AT 16055 MAKAR STREET NW LEGALLY DESCRIBED AS FOLLOWS: Tract F, Registered Land Survey Number 72, Anoka County, Minnesota WHEREAS, Matt and Tara Kuker have requested approval of a lot split to subdivide a rural residential property pursuant to Ordinance No. 40, located at 16055 Makah Street NW; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined 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. NOW, THEREFORE, BE IT .RESOL VED, 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: I. The lot split must confonn with all buildability requirements of Ordinance 10. 2. The future house of the property must face the front (east side) of the lot but may be rotated up to forty five (45) degrees. 3. The driveway shall slope away from the garage a minimum of eighteen (18) inches for a distance of no less than the first fifty feet away from the garage. 4. The applicant shall pay park dedication in the amount of$1,700. 5. The applicant shall pay a trail fee in the amount of $412. 6. That the applicant shall prepare and submit to the city for approval an easement document indicating a ten foot wide drainage and utility easement along all property lines of both properties and including the wetland area on the new lot. 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 7th day of May> 2002. CITY OF ANDOVER ATTEST: d:.:~()ffi Victoria V olk, City Clerk ;" }' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 071-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION RESCHEDULING THE BID OPENING DATE FOR THE FOLLOWING PARK PROJECTS: PINE HILLS & TIMBER RIVERS PARKS (02-9). HIDDEN CREEK EAST PARK (02-1), SHADOWBROOK EAST PARK (02-5) & WILD IRIS PARK (02-6) WHEREAS, pursuant to Resolution Nos. 028-02, 040-02. 025-02 & 026-02, adopted by the City Council on the 19th day of February ,2002 and the 6th day of March , 2002, the City Enqineer has prepared final plans and specifications for the park projects. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of April , 2002 . 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. , Mav 29 , 2002 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this yth day of Mav , 2002 , 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: ~,ed'~ Míchael R. Gamache - Mayor ~ (}"þ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R 070-02 A RESOLUTION APPROVING THE FINAL PLAT OF "ANDOVER MARKETPLACE" BEING DEVELOPED BY UNITED PROPERTIES, INC. LOCATED AT THE SOUTHEAST CORNER OF BUNKER LAKE BOULEVARD AND THRUSH STREET IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS: Lot I, 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"; and WHEREAS, the Developer has presented the final plat of "Andover Marketplace"; 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" 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, escrow paid (15% of the total costs for the improvements for the property and a contract for the improvements awarded). 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Subject to trail easements being dedicated along with the final plat recording. 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. Park dedication 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 April, 2002. CITY OF ANDOVER ATTEST: tJ;.;t¡~ ¿~b <~-/ 0!:. t-L Victoria V olk, City Clerk ichael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R-069-02 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "ANDOVER MARKETPLACE" BY UNITED PROPERTIES LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED ON EXHIBIT A. 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 ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat for two commercial lots, and two Outlots for "Andover Marketplace", subject to the following conditions: 1.0 DRAWINGS 1.01 Per plat drawing dated 3-01-02, revised 4/09/02, and stamped as "Received 4-09-02 by the City of Andover". 2.0 BONDS, ESCROWS AND DIRECT PAYMENTS 2,01 Furnishing of an irrevocable letter of credit shall not be required based on the required improvements stipulated in the development agreement with the Andover EDA, shall be installed by the developer and shall be sufficient surety that the developer shall construct or install the following: a. Installation of grading, gravel, and base for private streets. b. Paving of private streets. c. Installation of concrete curb and gutter and raised medians. d. Construction of hard surface driveways, e. Concrete sidewalks and bituminous trails. f. Construction of street lights. g. Installation of water system to serve Lots I and 2, Block I. h. Installation of sanitary sewer system to serve Lots I and 2, Block I. 1. Installation of storm sewer system to serve Lots I and 2, Block I. j. Installation of street and traffic control signs/signals. k. Placement of black dirt and sod in all boulevard areas; said sodding must be completed within thirty days of completion of street improvements. 1. Shaping and sodding of drainage ways in accordance with the grading/drainage/erosion control plan approved by the City Engineer. m. Adjustment and repair of new and existing utilities. n. Installation of landscaping and irrigation on the site and in all boulevards and medians adjacent to the site identified in the agreement with the EDA o. Construction of street modifications on Commercial Boulevard as identified by the City Engineer. These requirements are shall be installed in conformance with City approved plans and specifications at the sole expense of the subdivider in conformance with Ordinance 10 of the Andover City Ordinances. 2.02 A Subdivider's Escrow in the amount of $54,300 to cover installation of sidewalk, additional landscaping and the turn lane along the east side of Quinn Street shall be posted with the City's Finance Director. This escrow shall be equal to 1 Yz times the estimated cost of the improvements. 2,03 Park dedication fee is subject to recommendation by the Park and Recreation Commission and shall be paid prior to final plat recording. 3.0 REQUIRED DOCUMENTS 3.01 Approval of Title of the property by the City Attorney. 3.02 Review and approval of association and covenant documents for Andover Station by the City Attorney prior to Final Plat approval. 3.03 The developer will be required to petition for public utilities and will be responsible for all utility fees associated with lots created by this plat. 3.04 Signing of the Development Contract establishing performance, and if applicable, requiring that the date of completion of utilities and streets be set at a date not later than the first anticipated date of issuance of the first Certificate of Occupancy. If such certificate is anticipated to be issued during the winter months, construction must be completed by November 30th. 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. 3.05 All utility plans, grading/drainage/erosion control plans must be approved by the City Engineer prior to receiving a building permit. 3.06 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. 3.07 The developer obtains 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. 3.08 Plat approval is contingent upon a development agreement between the Andover Economic Development Authority and United Properties that is acceptable to the City Attorney. 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. If improvements listed in item 2.01 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 I Yo times the estimated costs of completion of those items. 4.02 At the time of final plat, a table showing lot areas for each lot must be provided to the City. 4.03 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. 4.04 No burying of construction debris shall be permitted on the site. 4.05 During construction, streets must be passable, at all times, free of debris, materials, soils, snow, and other obstructions. 4.06 All building setbacks shall be as shown on the preliminary plat drawings. 4.07 Landscaped medians/islands shall be required to be installed on all streets as shown on the plans and approved by the Director of Community Development. 4.08 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. 4.09 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. 4.10 The trail on the north side of Commercial Boulevard and the east side of Thrush Street will be installed and paid for by the developer. 4. II All 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 I on the grading plans. 4.13 No direct driveway access except for Quinn Street shall be allowed to Bunker Lake Boulevard. 4.14 The developer shall be required to provide sewer and water services and cross access agreement to Lot 2 due to the fact that it is a land locked parcel without direct access to Bunker Lake Boulevard and would not be considered a buildable parcel without adequate public utilities to service it. 4.15 All applicable City ordinances, not specifically listed herein, shall become conditions of the plat approval. 4.16 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 Ordinance 10. 4.17 The failure on the part of the petitioner to submit a final plat per Ordinance 10 within one year rrom 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 16th day of April, 2002. CITY OF ANDOVER ATTEST: !l,l;;~'. ~ (/dL Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 068-02 A RESOLUTION ESTABLISHING PRECINCTS AND POLLING PLACES. WHEREAS, the legislature ofthe State of Minnesota has been redistricted; and WHEREAS, the voting precincts in the City must be reestablished after the legislature has been redistricted; NOW THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover, Anoka County, State of Minnesota that: I. The City be divided into ten (10) voting precincts effective with the September 10, 2002 State Primary Election, and 2. That the boundaries of the precincts are hereby established pursuant to . Minnesota Statute 204B.l4, subdivision 3c, and 3. That the polling places of the precincts are hereby established pursuant to Minnesota Statute 204B.l6, and 4. That such boundaries and polling places shall be as follows: Precinct I All that area south of 181 st Avenue NW fÌ'om Round Lake Boulevard (CR 9) west along 15ih Avenue (CR 20) to County Road 7, north to I 59th Avenue NW and west to the Rum River. Polling Place: Hope Lutheran Church 16180 Round Lake Boulevard NW Precinct 2 All that area west of Round Lake Boulevard (CR 9) to the Rum River, south of I 57th Avenue and north of Bunker Lake Boulevard (CR 116). Polling Place: Grace Lutheran Church 13655 Round Lake Boulevard NW Precinct 3 All that area south of Bunker Lake Boulevard, east of Round Lake Boulevard to Yukon Street NW; south on Yukon Street136th Lane NW; east on 136th Lane to Xavis Street; south on Xavis Street to 135'h Avenue; east on 135th Avenue to Swallow Street; north on Swallow Street to 135th Lane to 134th Lane; east on 134th Lane to Killdeer Street and south on Killdeer Street to 133Td Avenue NW. Polling Place: Riverdale Assembly of God Church 3210 Bunker Lake Boulevard NW Precinct 4 All that area lying east of Round Lake Boulevard (CR 9) to County Ditch 57 (Coon Creek), north of Bunker Lake Boulevard (CR 116) and south of South Coon Creek Drive. Polling Place: The Fannstead (Presbyterian Homes) 13733 Quay Street NW Precinct 5 All the area lying west of Hanson Boulevard (CR 78) to County Ditch 57 (Coon Creek), north Bunker Lake Boulevard (CR 116) and south of a line fÌ'om County Ditch 57 (Coon Creek) along South Creek Drive to Crosstown Boulevard and north on Crosstown Boulevard to Andover Boulevard (CR 16). Po11ing Place: Meadow Creek Church 3037 Bunker Lake Boulevard NW Precinct 6 All the area lying west of University Avenue to the railroad tracks, south of Andover Boulevard (CR 16) and north of 133rd Avenue. Polling Place: Bunker Hills Activity Center 550 Bunker Lake Boulevard NW Precinct 7 All that area lying north of Andover Boulevard between Hanson Boulevard (CR 78) and the easterly city limits, south of a line fÌ'om Hanson Boulevard east along County Road 20 (161 sl Avenue) to County Road 60 to Old Constance Boulevard and following Old Constance Boulevard to University Avenue. Polling Place: World of Pentecost Church 16060 Crosstown Boulevard NW Precinct 8 All the area lying west of Hanson Boulevard (CR 78) to Round Lake Boulevard (CR 9), north of South Coon Creek Drive and south of County Road 20. Polling Place: Family of Christ Lutheran Church 16045 Nightingale Street NW Precinct 9 All that area south of 181 st A venue between Round Lake Boulevard (CR 9) and the easterly city limits, south of 181 sl A venue and north of a line going east along County Road 20 (161 sl Avenue) to County Road 60 to Old Constance Boulevard, following Old Constance Boulevard to University Avenue. Polling Place: Prairie Oak Community Church 1657-161s1 Avenue NW Precinct 1 0 All that enclosed area beginning at Bunker Lake Boulevard and Yukon Street NW going south on Yukon Street to 136th Lane; east on 136th Lane to Xavis Street; south on Xavis Street to 135th Avenue; east to Swallow Street; north on Swallow Street to 135th Lane NW; east on 135th Lane to Killdeer Street; south on Killdeer Street to 133rd Avenue; east on 133rd Avenue to the railroad tracks and north on the railroad tracks to Andover Boulevard; west on Andover Boulevard to Hanson Boulevard and south on Hanson to Bunker Lake Boulevard; wet on Bunker Lake Boulevard to Yukon Street NW. PoIling Place: Andover Elementary School 14950 Hanson Boulevard NW Adopted by the City Council of the City of Andover this 16th day of April, 2002, City of Andover Attest: ......h /Lt;~ ¡)¿¿ -- Michael R. Gamache-Mayor Victoria Volk-City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. 067-02 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR JAY JOHNSON AND JOE HAMM TO SUBDIVIDE A URBAN RESIDENTIAL LOT INTO TWO URBAN RESIDENTIAL LOTS WITH VARIANCES TO THE MINIMUM LOT SIZE REQUIREMENTS OF THE SINGLE F AMIL Y URBAN RESIDENTIAL (R-4) ZONING DISTRICT FOR PROPERTY LOCATED AT 3560 142ND LANE NW LEGALLY DESCRIBED AS FOLLOWS: Lot 1, Block 2 Kadlec Second Addition, Anoka County, Minnesota WHEREAS, Jay Johnson and Joe Hamm have requested approval of a lot split to subdivide a urban residential property pursuant to Ordinance No. 40, located at 3560 142nd Lane 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 and City Council find that there are findings to support a variance to the minimum lot area of the Single Family Urban Residential Zoning District (R-4) for parcel B as follows: 1. The lot is not large enough for both new lots to meet the minimum lot area requirements. 2. Parcel B is similar in size to other twinhome lots in the City of Andover. 3. There was special consideration to allow a twinhome on this lot at the time the plat was approved. At the time this was within the minimum requirements. 4. It is desirable to maintain the pattern of owner occupied housing in this neighborhood. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council 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: 3 1. The applicant shall provide to the City proof of recording of a party wall agreement prior to release ofthis resolution. Adopted by the City Council of the City of Andover on this 16th day of ADr i,12002. CITY OF ANDOVER ¿væ~ ATTEST: ike Gamache, Mayor dd-~ dæ Victoria V olk, City Clerk 4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 066-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A PROPOSAL AND AUTHORIZING QUOTATIONS FOR THE ANDOVER STATION MEDIAN & BOULEVARD MAINTENANCE, PROJECT NO. 02-19 . WHEREAS, the City Council is cognizant of the need for the landscape maintenance and general site cleanup of the Andover Station area and adjacent right-of-ways. NOW, THEREFORE BE IT RESOLVED by the City Council to order the preparation of the Andover Station Median & Boulevard Maintenance, Project No. 02-19; and BE IT FURTHER RESOLVED by the City Council to hereby direct the....9!Y.. Enaineer to prepare the proposal for the Andover Station Median & Boulevard Maintenance. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 16th day of April , 2002 , with Councilmembers Jacobson. Kniaht. Ortiel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATIEST: ~//~ Ichael R. Gamache - Mayor tL7;;;A<-' Ifdl-- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 065-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT 01-12. NEW ELEMENTARY SCHOOL & VERDIN STREET NW STREET IMPROVEMENTS. 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 $188.916.09 , and the expenses incurred or to be incurred in the making of such improvement amount to $50.627.31 so that the total cost of the improvement will be $ 239.543.31 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 (Woodland Drainage Contribution) is hereby declared to be $ 5.500.00 the amount to be assessed against benefited property owners is declared to be $ 234.043.31 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 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 Kniaht and adopted by the City Council at a reaular meeting this 16th day of April , 2002 , with Councilmembers Jacobson. Kniaht. Ortlel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~d~@~ Ichael R. Gamache - Mayor ¡LX/ú--,..J ¿fþ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 064-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99-15 ,FOR THE WATER TREATMENT PLANT & TRANSMISSION LINES . WHEREAS, pursuant to Resolution No. 016-02 , adopted by the City Council on the 5th day of February ,2002, the Bolton & Menk has prepared final plans and specifications for Project 99-15 for the Water Treatment Plant & Transmission Lines . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of April ,2002. 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. , Mav 14 , 2002 at the Andover City Hall. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 16th day of April , 2002 , with Councilmembers Jacobson. Kniaht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~//~~~ Michael R. Gamache - Mayor CLl;:;;.J d/I/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 063-02 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-14 FOR 2002 OVERLAYS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 036-02 , dated March 6, 2002, bids were received, opened and tabulated according to law with results as follows: Bauerly Companies $381,597.90 Midwest Asphalt Corp. $396,307.80 North Valley, Inc. $408,663.00 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 $381.597.90 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 reaular meeting this 16th day of April , 2002 , with Council members Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: -ryv:4/æ c;-¿:}~ Miéhael R. Gamache - Mayor ;L7;;~,) (/4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-9 ,FOR PINE HILLS & TIMBER RIVERS PARKS . WHEREAS, pursuant to Resolution No. 028-02 , adopted by the City Council on the 19t1í day of Februarv ,2002, the City Enaineer has prepared final plans and specifications for Project 02-9 for Pine Hills & Timber Rivers Parks WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of April , 2002 . 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. , May 17 , 2002 at the Andover City Hall. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 16th day of April , 2002 , with Councilmembers Jacobson. Kniaht. Ortiel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~peA~" ichael R. Gamache - Mayor ~!)~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 061-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-1 ,FOR HIDDEN CREEK EAST PARK . WHEREAS, pursuant to Resolution No. 040-02 , adopted by the City Council on the 6th day of March , 2002 ,the City Enoineer has prepared final plans and specifications for Project 02-1 for Hidden Creek East Park WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of April , 2002 . 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. , Mav 17 , 2002 at the Andover City Hall. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 16th day of April , 2002 , with Councilmembers Jacobson. Kniaht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~/Æß~ chael R. Gamache - Mayor tLZ;~ I/v-Lb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 060-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-6 ,FOR WILD IRIS PARK . WHEREAS, pursuant to Resolution No. 026-02 , adopted by the City Council on the 19t1i day of Februarv ,2002, the Citv Enaineer has prepared final plans and specifications for Project 02-6 for Wild Iris Park WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of April , 2002 . 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. , Mav 17 . 2002 at the Andover City Hall. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 16th day of April , 2002 . with Councilmembers Jacobson, Kniaht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 7~/d?~~¿ MÍchael R. Gamache - Mayor ;i:i;,'v (/;/,¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 059-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-5 ,FOR SHADOWBROOK EAST PARK . WHEREAS, pursuant to Resolution No. 025-02 , adopted by the City Council on the 19to day of February ,2002, the City Enoineer has prepared final plans and specifications for Project 02-5 for Shadowbrook East Park WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of April , 2002 . 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. , Mav 17 , 2002 at the Andover City Hall. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reaular meeting this 16th day of April , 2002 , with Councilmembers Jacobson. Kniaht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ÀI'4?é-~£ M1éhael R. Gamache - Mayor !Lt;,~ ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 058-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 00-43 FOR THE NATURES RUN. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 022-02, dated Februarv 19 , 2002, bids were received, opened and tabulated according to law with results as follows: Erickson Construction Inc. $377,417.28 SJ Louis Construction Inc. $410,178.25 WB Miller, Inc. $410,190.75 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Erickson Construction Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Erickson Construction Inc. in the amount of $377 .417 .28 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 Councilmember Kniaht and adopted by the City Council at a reoular meeting this 16th day of April ,2002 ,with Councilmembers Jacobson. Kniaht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~q?~~ Michael R. Gamache - Mayor /1 :/;;;~ d.æ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 057-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-5A ,FOR 2002 STREET REHABILlTATIONI7TH AVENUE AREA . WHEREAS, ~ursuant to Resolution No. 111-01, adopted by the City Council on the 17 h day of Julv ,2001 ,the City Enaineer has prepared final plans and specifications for Project 00-5A for 2002 Street Rehabilitationl7th Avenue Area . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of April , 2002 . 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 , Mav 13 ,2002 at the Andover City Hall. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 16th day of April , 2002 , with Councilmembers Jacobson, Kniaht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: jj;r-~ ¡)vL? Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 056-02 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.S.A.H. No. 78 and Crosstown Boulevard NW 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 (S.A.P.) No. 198-020-14 & 198-131-02 NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $42.761.83 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 16th day of April ,2002. CITY OF ANDOVER ATTEST: ~.//~~ Mfchael R. Gamache - Mayor Uw..; (/dJ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 055-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 01-21 ,FOR HANSON BOULEVARD NW & CROSSTOWN BOULEVARD NW WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of April ,2002. 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 Kniaht and adopted by the City Council at a reaular meeting this 16th day of April , 2002 , with Councilmembers Jacobson. Kniaht. Orttel. Gamache. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: d~¿¡/,:~ / !ilL. Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R054-02 A RESOLUTION APPROVING THE VARIANCE REQUEST FOR KURT DALLMAN TO REDUCE THE FRONT YARD SETBACK TO 30 FEET ON PROPERTY LOCATED AT 2820 135TI1 AVENUE NW, WHEREAS, Kurt Dallman has petitioned to vary from the 35 foot front yard setback requinnent of Ordinance 8, Section 6.02 for property located at 2820 135th Avenue NW legally described as follows: Lot 10, Mattson's and DeGardners Crooked Lake Addition, 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. An amendment to the Zoning-Ordinance later increased the front yard setback and caused the nonconfonnity, and; WHEREAS, reducing the front yard setback to 30 feet is not contrary to the intent of the ordinance because all of the structures along 135th Avenue in this neighborhood are located at approximately the same distance from the street, and; WHEREAS, the applicant has explored all other feasible options to locate the addition on the property, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow: 1. A front yard setback of thirty (30) feet Subject to the following conditions: 1. Building and fire department review and issuance of a building pennit. 2. Anoka County vacating a portion of the ditch easement. 3. Owners signing an aknowledgement that should damage be incurred to the property or structure the City shall be held harmless, Adopted by the City Council of the City of Andover on this 2nd day of April, 2002. CITY OF ANDOVER ~.,qt9?~ ATTEST: lchael R. Gamache, Mayor /1d:;;..J J...¿b Victoria Volk, City Clerk 4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 053-02 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-4 FOR 2002 SEAL COATING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 019-02 ,dated Februarv 19, 2002, bids were received, opened and tabulated according to law with results as follows: Allied Blacktop $221,842.00 Pearson Bros. $225,302.50 Astech Corp, $258,923.40 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 $221,842.00 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 reQular meeting this 2nd day of April , 2002 , with Council members Jacobson. Trude. Ortte!. Gamache. Knioht voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~!/& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 052-02 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 02-3 FOR 2002 CRACK SEALING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 018-02 ,dated Februarv 19, 2002, bids were received, opened and tabulated according to law with results as follows: Parking Lot Maintenance $50,437.50 Precision Seal Coating, Inc. $50,925.00 Daffinson Asphalt Maintenance $54,525.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Parking Lot Maintenance as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Parking Lot Maintenance in the amount of $50,437.50 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 Trude and adopted by the City Council at a reQular meeting this 2nd day of April , 2002 , with Council members Jacobson. Trude. 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: ~d4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 051-02 A RESOLUTION APPOINTING OFFICERS FOR THE ECONOMIC DEVELOPMENT AUTHORITY. BE IT RESOLVED by the City Council ofthe City of Andover as follows: 1. Appointment of Officers. In accordance with Minnesota Statues, Section 469.090, the City Council hereby appoints to the following offices ofthe EDA the following persons, respectively: President Mike Gamache Vice President Julie Trude Secretary Don Jacobson Treasurer Mike Knight Assistant Treasurer Ken Orttel BE IT FURTHER RESOLVED that the following are appointed as voting members of the EDA: Robert Nowak Terri Hokanson BE IT STILL FURTHER RESOLVED that the following are appointed as advisors to the EDA: Fred Larson III Edward F. Schultz Adopted by the City Council of the City of Andover on this 26th day of March, 2002. CITY OF ANDOVER ATTEST ~/~~ Michael R. Gamache, Mayor tL;;t;~ d¿b Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO.050-02 A RESOLUTION AMENDING RESOLUTION NO. 056-94, ESTABLISHING AN ECONOMIC DEVELOPMENT AUTHORITY. WHEREAS, on April 5, 1994 the City Council of the City of Andover established an Economic Development Authority; and WHEREAS, the City Council has provided public notice and conducted a public hearing on March 26, 2002 concerning the amendment to Resolution No. 056-94 which sets the number of ED A commissioners at five (5); and -- WHEREAS, the City Council has expressed a desire to allow for the number of commissioners to be increased to seven (7). NOW, THEREFORE BE IT RESOLVED, that the number of commissioners on the Economic Development Authority be increased to seven (7). BE IT FURTHER RESOLVED, that all past acts of any seven member Economic Development Authority board are hereby ratified and confinned, BE IT STILL FURTHER RESOLVED, that the appointments of the existing seven commissioners are hereby ratified and confinned. Adopted by the City Council of the City of Andover this 26th day of March, 2002. CITY OF ANDOVER Attest: v::{ tl2:;,AJd-é¿ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R049-02 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF THE CITY OF ANDOVER TO CONSTRUCT A WATER TREATMENT FACILTIY ON PROPERTY LOCATED AT 1813 CROSSTOWN BOULEVARD NW (PJD. 22-32-24-42-0003) DESCRIBED AS FOLLOWS: In the northeast quarter of the south half of section 22, Anoka County, Minnesota. WHEREAS, the City of Andover has requested a Special Use Pennit to construct a water treatment facility on residential property located at 1813 Bunker Lake Boulevard; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No.8, Section 4.26; 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, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Pennit as requested. WHEREAS, The City of Andover has petitioned to vary from the 50 foot rear yard setback requirement of the Rural Residential Zoning District; WHEREAS, the City Council finds that the right of way will need to be widened to allow future improvements to Crosstown Boulevard and the building is located to meet the minimum front yard setback requirement after right of way expansion; WHEREAS, The underground tank in front of the building is located to prevent conflicts with future right of way expansion. Due to the limited depth of the property, this causes the building to encroach into the 50 foot rear yard setback; WHEREAS, the building has been designed and located on the site to accommodate future expansion on the west side of the building and to keep parking and loading areas away from undeveloped property to the west; WHEREAS, the building has been located at a similar distance from Crosstown Boulevard as the Public Works, Fire Station and City Hall buildings. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the Special Use Permit to allow a water treatment facility on said property with a variance to reduce the rear yard setback to 32 feet with the following conditions: I. Building and Fire Department review and issuance of a building pennit. -I'" Adopted by the City Council of the City of Andover on this Ii.- day of '-77!,vtd , 2002. CITY OF ANDOVER ~~,~ ATTEST: lchael R. Gamache, Mayor fl;/;¡;~ ¡)d/ Victoria V olk, City Clerk .C CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R048-02 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF RACHEL MONSON FOR A THERAPEUTIC MASSAGE HOME OCCUPATION FOR PROPERTY LOCATED AT 14279 VALE ST NW LEGAL Y DESCRIBED AS; Lot 5, Block 1, Weybridge 2nd Addition, Anoka County, Minnesota WHEREAS, Rachel Monson has requested a Special Use Permit for a therapeutic massage home occupation for property located at 14279 Vale St NW, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 110, 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 therapeutic massage home occupation on said property with the following conditions: 1. The hours of operation shall be 7am to IOpm with no day restrictions. 2, All aspects of the home occupation shall conform with the requirements of Ordinance 110. 3. Upon sale of the premises for which the Special Use Permit is granted, such Permit shall terminate. 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 19th day of March, 2002. CITY OF ANDOVER -'.~Ä?: ATTEST: chael R. Gamache, Mayor (L;t~ ()¿¿ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 047-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION TERMINATING PROJECT NO. 01-25. BUTTERNUT STREET NW. FLlNTWOOD STREET NW & 173RD AVENUE NW . WHEREAS, Resolution No. 038-02 of the City Council adopted on the ~ day of March ,2002, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 19th day of March , 2002; 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. 01-25 MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 19th day of March ,2002 ,with Councilmembers Jacobson, Orttel. Gamache. Kniqht. Trude voting in favor of the resolution, and Councilmembers none voting against. whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Mu:v (/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY Of ANOKA STATE OF MINNESOTA RES. NO. 046-02 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES Of 159TH AVENUE NW EAST Of HANSON BOULEVARD NW RIGHT-Of-WAY LINE fOR A DISTANCE OF 230 FEET WHICH IS APPROXIMATELY THE WEST LINE OF LOT 3, BLOCK 2, CHESTERTON COMMONS NORTH. WHEREAS, the City Council is cognizant of the public nuisance, traffic hazard and congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to a problem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover there be no parking along both sides of 159th Avenue NW east of Hanson Boulevard NW right-of-way line for a distance of 230 feet which is approximately the west line of Lot 3, Block 2, Chesterton Commons North. Adopted by the City Council of the City of Andover this 19th day of March , 2002. ATTEST: ~/-f~~ Mi hael R. Gamache - Mayor U~ d,¿ó Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045-02 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF HANSON BOULEVARD NW BETWEEN 14STH LANE NW TO 154TH AVENUE NW AND ON CROSSTOWN BOULEVARD NW BETWEEN HANSON BOULEVARD NW TO YELLOWPINE STREET NW FOR PROJECT NO. 01-21. WHEREAS, the City Council previously approved Resolution No. 119-00 designating no parking along Crosstown Boulevard NW from Hanson Boulevard NW to Andover Boulevard NW. WHEREAS, the City Council is cognizant of the public nuisance, traffic hazard and congestion; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate a no parking zone along both sides of Hanson Boulevard NW between 14Sth Lane NW to 154th Avenue NW and on Crosstown Boulevard NW between Hanson Boulevard NW to Yellowpine Street NW. Adopted by the City Council of the City of Andover this 191h day of March , 2002. ATTEST: Z~R~~ Ichael R. Gamache - Mayor f1;t-~ dr/IV Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 044-02 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 STORM SEWER ,PROJECT NO. 02-20, IN THE AREA OF 2981 _164TH AVENUE NW. WHEREAS, the City Council has received a petition, dated Februarv 21. 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 0 3. The proposed improvement is hereby referred to the City Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a reaular meeting this 19th day of March , 2002, with Councilmembers Trude. Ortlel. Gamache. Jacobson. 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 d:i-vÙ/ t/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 043-02 WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State General Fund, provides for capital funds to assist political subdivisions of the state of Minnesota for the development of sport facilities, and WHEREAS, the City of Andover desires to construct and develop an Indoor Ice Arena for the sports of ice competition and trainina . NOW, THEREFORE BE IT RESOLVED BY THE City Council of the City of Andover: 1) Estimates that the total cost of developing said facility shall be $3.410,000.00 and City of Andover is requesting $250,000.00 from the State General Fund and will assume responsibility for a match requirement of ~250,OOO,OO, 2) The City of Andover agrees to own, assume 100 percent operation costs for said sport facility, and will operate said facility for its intended purpose for the functional life of th~acj jty which is estimated to be 20 years. 3) The City of Andover agrees to enter into necessary and required agreements with the Minnesota Amateur Sports Commission for the specific purpose of constructing a sport facility and long-term program direction. 4) That an application be made to the State of Minnesota, Minnesota Amateur Sports Commission, to be included in the Minnesota Amateur Sports Commission's (Governor's) Capital Budget request for an amount presently estimated to be $250.000.00. 5) That Todd J. Haas. Parks Coordinator for the City of Andover is authorized and directed to execute said application and serve as the official liaison with the Minnesota Amateur Sports Commission. CERTIFICATION I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Andover at a duly authorized meeting thereof held on the 6th day of March, 2002, as shown by the minutes of said meeting in my possession. CITY OF ANDOVER ---::> ,yp/' ,e / ATTEST: /--./ Ä- Ichael R. Gamache - Mayor ~ {/¡./b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 042-02 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 01-13 IN THE AREA OF THE RUM RIVER ELEMENTARY SCHOOL FOR BIKEWAYIWALKWAY TRAILS, WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the City Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Ortlel and adopted by the City Council at a reaular meeting this 6th day of March ,2002, with Council members Jacobson. Trude. Gamache. Kniqht. Ortlel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ,%~/¿;Ç? d.q:~ Michael R. Gamache - Mayor d;ç~ 0# Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 041-02 A RESOLUTION DESIGNATING NO PARKING DURING "SPECIAL EVENTS" ALONG BOTH SIDES OF THE FOLLOWING STREETS WITHIN THE FOX HOLLOW DEVELOPMENT, PROJECT NO. 02-23: Fox Hollow (Special Event "No Parking') 1. Linnet Street NW from 156th Avenue NW south to the southerly plat boundary 2. 153rd Lane NW from Martin Street NW to Linnet Street NW 3. Martin Street NW from 154th Lane NW to 153rd Lane NW 4. Martin Street NW from 153rd Lane NW to end of cul-de-sac WHEREAS, the no parking zone is to be located on both sides of the above-mentioned streets within the Fox Hollow development on the following dates: - Saturday, April 21 & 28, 2002 (Track events) - Saturday, May 5 & 12, 2002 (Track events) - Friday, June 28, 2002 & Saturday, June 29, 2002 (Andover Fun Fest) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate a no parking zone during "Special Events" in the Fox Hollow development on the specified dates. Adopted by the City Council of the City of Andover this 6th day of March , 2002. ATTEST: ~IW Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 040-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 02-1 FOR HIDDEN CREEK EAST PARK. WHEREAS, the City Council is cognizant of the need for the park improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and specifications for the improvement of the Hidden Creek East Park, Project 02-1; and BE IT FURTHER RESOLVED by the City Council to hereby direct the---ºtlY. Enaineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this 6th day of March , 2002 , with Councilmembers Jacobson. Trude. Gamache. Kniaht. Ortlel 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 ¡£~~ ¡/¿ø Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R039-02 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF MARK HEDIN FOR A HOME OCCUPATION PROFESSIONAL OFFICE TO BE OPERA TED OUT OF AN ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 3482 165m LANE LEGALLY DESCRIBED AS; Lot 3 Block 4 Timber Meadows 2nd Addition, Anoka County, Minnesota WHEREAS, Mark Hedin has requested a Special Use Permit for a home occupation professional office to be operated out of an accessory structure on property located at 3482 I 65th Lane NW; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 4.30: WHEREAS, the Planning and Zoning Commission frods 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 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 approves the Special Use Permit on said property permitting a home occupation professional office to be conducted from an accessory structure that meets all city requirements and is constructed to match the exterior materials of the principal structure subject to the following: 1. The accessory structure shall conform to all applicable fire and building codes. 2. The Home Occupation shall maintain continued compliance with Ordinance 10, the Zoning Ordinance. Adopted by the City Council of the City of Andover on this 6th day of March, 2002. CITY OF ANDOVER ~4? d.ør. ~ ATTEST: Michael R. Gamache, Mayor ~()ð.-/ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 038-02 MOTION by Council member Jacobson to adopt the following: A RESOLUTION RESCHEDULING THE CALLING FOR PUBLIC HEARING ON IMPROVEMENTS OF STREETS, PROJECT NO. 01-25 IN THE AREA OF BUTTERNUT STREET NW. 173RD AVENUE NW & FLlNTWOOD STREET NW. WHEREAS, pursuant to Resolution No. 163-01, adopted the 6TH day of November, 2001 a Feasibility Report has been prepared by the Citv Enaineer for the improvements: and WHEREAS, such report was received by the City Council on the '19th day of Februarv , 2002; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated project cost of $ 92.340,00 ($5,429.65/Lot) . 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. 01-25, for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $124.825.25. 19th 3. A public hearing shall be held on such proposed improvement on the day of March , 2002 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 reQular meeting this 6th day of March , 2002 . 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: ?~I"~~~ Michael R. Gamache - Mayor ~ OH!Þ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 037-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST (AMENDED) AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 00-37. TOWNHOMES OF WOODLAND CREEK. 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 $188.271.49 plus $4.140.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $54.739.85 and work previously done amount to $0.00 so that the total cost of the improvement will be $247.151.34. 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 $2.429.62 the amount to be assessed against benefited property owners is declared to be $247.151.34. 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 2002, and shall bear interest at the rate of--º-. percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4, The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this L day of March , 2002 , with Council members Jacobson. Trude. Gamache. Kniaht. Orltel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~A~ Ichael R. Gam~che - Mayor d:i-~ ¿J,¿b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 036-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-14 ,FOR _ 2002 OVERLAYS . WHEREAS, pursuant to Resolution No. 015-02 , adopted by the City Council on the 5th day of Februarv ,2002, the City Enqineer has prepared final plans and specifications for Project 02-14 for 20020verlavs . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of March ,2002. 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. , April4 , 2002 at the Andover City Hall. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 6th day of March , 2002 , 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: '~~~4~ MÍchael R. Gamache - Mayor tld~ d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 035-02 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 WATERMAIN ALONG WITH THE OPTION OF STREET UPGRADES , PROJECT NO. 02-16, IN THE AREA OF QUICKSTROMS ADDITION. WHEREAS, the City Council has received a petition, dated Februarv 22, 2002 requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to the Citv EnQineer 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 reQular meeting this L day of March , 2002, with Councilmembers Jacobson. Trude. Gamache. KniQht. Ortiel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~rÆ?q4~ Michael R. Gamache - Mayor d#lf~ ¿t/Þ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 034-02 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 01-20. DEVONSHIRE 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 §. years. The first of the installments to be payable on or before the 15th day of April 2002, 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 Trude and adopted by the City Council at a reQular meeting this 6TH day of March , 2002 , with Councilmembers Jacobson. Trude. Gamache. Kniqht. Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~e/~~ ichael R. Gamache - Mayor ~¡)ø Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 033-02 A RESOLUTION APPROVING CHANGE ORDER # 2 (COMPENSATING) 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 Brooklyn 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 19th day of February , 2002. CITY OF ANDOVER ATTEST: ¥«A-L ichael R. Gamache - Mayor tii-~ ¿U¿ Victoria Volk - City Clerk · CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032-02 A RESOLUTION APPROVING CHANGE ORDER #....1.- 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 Brooklyn 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 19'h day of February, 2002. CITY OF ANDOVER ATTEST: ~RA-L Michael R. Gamache - Mayor f . / /L;/;;~ IJv/L/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R031-02 A RESOLUTION APPROVING THE LOT SPLIT REQUEST FOR TONI GRUNDSTROM TO SUBDIVIDE A RURAL RESIDENTIAL LOT INTO TWO RURAL RESIDENTIAL LOTS WITH VARIANCES TO THE MINIMUM LOT WIDTH AND LOT SIZE REQUIREMENTS OF THE SINGLE F AMIL Y RURAL RESIDENTIAL (R-1) ZONING DISTRICT FOR PROPERTY LOCATED AT 17729 EIDEL WEISS STREET NW LEGALLY DESCRIBED AS FOLLOWS: Lot 3, Block 3 Country View Estates, Anoka COlU1ty, Minnesota WHEREAS, Toni Grundstrom has requested approval of a lot split to subdivide a rural residential property industrial property pursuant to Ordinance No. 40, located at 17729 _n Eidelweiss Street 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 and City Council find that there are findings to support variances to the minimum lot width and lot area of the Single Family Rural Residential Zoning District (R -1) as follows: 1. The special or unique circumstance for this property is the fact that the existing house can no longer accommodate the needs of the property owner. In the event of an emergency, such as a fire, the safety ofthe applicant would be threatened by the fact that the house is not accessible. The Grundstrom's have lived in this neighborhood for 21 years and desires to continue living on this property. 2. The hardship posed by the existing house include the safety of the applicant and that the property owner would be required to move to a different neighborhood or different city altogether if a building site for an accessible home cannot be created from the property. Several letters have been submitted from the neighborhood indicating their support of the request and their desire to help the Grundstroms remain in the neighborhood. 3. The Federal Fair Housing Act makes it illegal to refuse to make reasonable accommodations in land use and zoning policies and procedures where such accommodations may be necessary to afford persons or groups of persons with disabilities an equal opportunity to use and enjoy housing. 4. What constitutes a reasonable accommodation is a case-by-case determination. Based upon the unique circumstances of this application, approval ofthe lot split is a reasonable accommodation. 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 City Council finds that the lot split request is not detrimental to the surrounding neighborhood; and Whereas the City Council finds that due to the circumstances of this request the lot split is not contrary to the intent of the intent of 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 lot split on said property with the following conditions: I. The applicant shall prepare a survey that indicates two lots with an approximate lot width of 180 feet and an approximate lot area of 1.24 acres. 2. Andover Review Committee (ARC) shall review said survey to detennine that the survey substantially confonns to the intent of the approved lot split. 3, The applicant shall pay park dedication in the amount of$I,700. 4. The applicant shall pay a trail fee in the amount of$412 5. 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 19th day of February, 2002. CITY OF ANDOVER . ¿Y4~ ATTEST: ~ikeGamache,11ayor d~ t{c/£ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 030-02 A RESOLUTION DENYING A SPECIAL USE PERMIT FOR THE RELOCATION OF A STRUCTURE (HOME) TO 14278 ROUND LAKE BLVD. NW BY CHRISTINE KRAMER (PIN 29-32-24-31-0155). WHEREAS, Christina Kramer has petitioned for a special use permit to relocate a home to 14272 Round Lake Blvd. NW on property legally described as follows: The north half of Lot 3, Block 3 Andover Boundary Commission Plat Number 1, Anoka County Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinances No. 200 and 8, Section 5.03; 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 statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby disagrees with the recommendation of the Planning and Zoning Commission and denies the special use permit on said property with the following finding (s): 1. The applicant is not able to make sufficient improvements to the structure to meet the uniform building and fire codes. Adopted by the City Council ofthe City of Andover on this 19th day of Februarv. 2002. CITY OF ANDOVER ATTEST: ~ ~ ~ !L:t-~ (J;-/L ichael R. Gamache, Mayor Victoria V olk, City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 029-02 MOTION by Council member Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROll FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 01-20, DEVONSHIRE ESTATES. THE CITY COUNCil OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the total cost of the improvement will be $ 21 ,295.25 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 $ 5,164.10 the amount to be assessed against benefited property owners is declared to be $ 16,130.55 2. Assessments shall be payable in equal annual installments extending over a period of !i years. The first of theTIístallments to be payable on or before the first Monday in January 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 City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Trude and adopted by the City Council at a reQular meeting this 19H day of February , 2002 , with Councilmembers Jacobson, Trude, Orttel, KniQht, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: :zi.~~cß~ Ichael R. Gamache - Mayor !1d-u.J tUb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 028-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 02-9 FOR PINE HILLS & TIMBER RIVERS PARKS. WHEREAS. the City Council is cognizant of the need for the parks; and NOW, THEREFQRE BE IT RESOLVED by the City Council to order plans and specifications for the improvement of the Pine Hills & Timber Rivers Parks, Project 02-9; 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 Council member Trude and adopted by the City Council at a reqular meeting this 19th day of February , 2002 , with Council members Jacobson. Trude. Ortlel, KniQht, Gamache voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: %~~¿~yor !Id-~ fi¿l./ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 02-7 FOR HIDDEN CREEK NORTH PARK. WHEREAS, the City Council is cognizant of the need for the park; and ~, NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and specifications for the improvement of the Hidden Creek North Park, Project 02-7; 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 Trude and adopted by the City Council at a reQular meeting this 19th day of February , 2002 , with Council members Jacobson, Trude. 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: ~q/~~ ichael R. Gamache - Mayor /Li;..4~ IJ¿b Victoria Volk - City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 026-02 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 02-6 FOR WILD IRIS PARK. WHEREAS, the City Council is cognizant of the need for the park; and NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and specifications for the improvement of the Wild Iris Park, Project 02-6; and BE IT FURTHER RESOLVED by the City Council to hereby direct the ....Q1!Y... EnQineer to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Trude and adopted by the City Council at a reQular meeting this 19th day of February , 2002 , with Councilmembers Jacobson, Trude, Orttel, KniQht, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER - ~ ~ ATTEST: ichael R. Gamache - Mayor d~,i:;;~ {).//./ Victoria Volk - City Clerk . · CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 025-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 02-5 FOR SHADOWBROOK EAST PARK. WHEREAS, the City Council is cognizant of the need for the park; and NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and -~ specifications for the improvement of the Shadowbrook East Park, Project 02-5; and BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ EnQineer and Anderson-Johnson Associates, Inc. (irriQation only) to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Trude and adopted by the City Council at a reQular meeting this 19th day of February , 2002 , with Councilmembers Jacobson, Trude. 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: ~~¿;!-é Ichael R. Gamache - Mayor !l;;t-~ tJ~þ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 024-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 02-13 FOR SANITARY SEWER & WATERMAIN IN THE FOllOWING AREA OF PRAIRIE ACRES ADDITION (lOTS 1 & 2, BLOCK 1 ). WHEREAS, the City Council did on the 5TH day of February ,2002, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the Citv EnQineer and presented to the Council on the 19th day of February ,2002; and WHEREAS, the property owners have waived the ri€ll'1tto a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 17,536.36 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 $ 17,536.36 and waive the Public Hearing. MOTION seconded by Councilmember Trude and adopted by the City Council at a reQular meeting this 19th day of February , 2002 , with Councilmembers Jacobson, Trude, Orttel, KniQht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~aYor ¡U-~ ¿¿-Ib Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 023-02 MOTION by Council member 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 ~ day of February ,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 19th day of February , 2002 ; 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 $ 967,029.00 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 $ 967,029.00 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 reqular meeting this 19th day of February , 2002 , with Councilmembers Jacobson, Trude, Orttel, Kniqht, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~ ichael R. Gamache - Mayor U,M..; Uv-I¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 022-02 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-43 , NATURES RUN WHEREAS, pursuant to Resolution No. 112-01 , adopted by the City Council on the 7th day of AUQust , 2002, TKDA has prepared final plans and specifications for Project 00-43 for Natures Run. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of February ,2002, -- 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. , March 20 , 2002 at the Andover City Hall. MOTION seconded by Council member Trude and adopted by the City Council at a reQular meeting this 19th day of February , 2002 , with Council members Jacobson, Trude, 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: V~d~ ichael R. Gamache - Mayor tJ;d;;~ ()ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 021-02 MOTION by Councilmember Jacobson to adoptthe following: A RESOLUTION ACCEPTING FEASIBILITY STUDY (SUPPLEMENTAL), WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-43 FOR - SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER IN THE AREA OF NATURES RUN WHEREAS, the City Council did on the ~ day of February , 2002, order the preparation of a supplemental feasibility study for the improvement; and WHEREAS, such supplemental feasibility study was prepared by TKDA and presented to the Council on the 19'h day of February , 2002 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and -~-- WHEREAS, the City Council has reYiewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 709,657.35 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 $ 709,657.35 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 $ 106,448.60 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 19'h day of Februarv , 2002 , with Council members Jacobson, Trude. Ortlel. KniQht, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~c:?ð~ Michael R. Gamache - Mayor /l;t~ ¿/;/¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ".",..-,...".,... - ,-<""-.<",,,,. '-n-"--', AGREEMENT NO. 77134 RE~01UIION ..NO. R020-02 BE IT RESOLVED, that the City of Andover enter into an agreement with The Burlington Northern and Santa Fe Raìlway Company and the Commissioner of Transportation for the installation and maintenance of railroad crossing signals and gates at the intersection of Ward Lake Drive (MSAS 0103) with the tracks-ofThe Burlington Northern and Santa Fe Railway Company in Andover, Minnesota, and appointing the Commissioner of Transportation agent for - the City to supervise said project and administer available Federal Funds in accordance with Minnesota Statute, Section 161.36. The City's share of the cost shall be 10 percent of the total signal cost. - BE IT FURTHER RESOLVED, that the 111t1~~K and 12,-'~ t2kr...K. be and they are hereby authorized to execute said a~~~ment for and on behalf oftli~'City. Dated this ..:? íf -f4 day of fC' /'I inl M. V , 200Jl. ~"- STATE OF MINNESOTA )ss CERIHICAIrON CITY OF ANDOVER I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of the City of Andover at a duly authorized meeting .;^ F'¡;13R. HIH!. V thereof held in the City Hall at Andover, Minnesota, on the / 'i' day of , 200~ as disclosed by the records of said City Council in my possession. By: U~Ü,$ Title: ~.i1 r!.ø.J./ . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 019-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-4 ,FOR 2002 SEAL COATING . WHEREAS, pursuant to Resolution No. 14-02 ,adopted by the City Council on the 5th day of February , 2002 ,the City Enqineer has prepared final plans and specifications for Project 02-4 for 2002 Seal Coatinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of February, 2002 . 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 AM, March 18 , 2002 at the Andover City Hall. MOTION seconded by Council member Trude and adopted by the City Council at a reqular meeting this 19th day of February , 2002 , with Councilmembers Jacobson, Trude. Orttel, Kniqht, Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~.A. ¿ ichael R. Gamache - Mayor U~ rJ.-IL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 018-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 02-3 ,FOR 2002 CRACK SEALING WHEREAS, pursuant to Resolution No. 13-02 , adopted by the City Council on the 5th day of February , 2002 , the City Enqineer has prepared final plans and specifications for Project 02-3 for 2002 Crack Sealinç¡ . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of February , 2002 . ---- 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, March 18 , 2002 at the Andover City Hall. MOTION seconded by Council member Trude and adopted by the City Council at a reqular meeting this 19th day of February , 2002 , with Councilmembers Jacobson, Trude. Oritel, Kniqht. Gamache voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~/~ Michael R. Gamache - Mayor r· 1 t£ If;;/;,. ,) {J-bj Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 017-02 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREETS, PROJECT NO. 01-25 IN THE AREA OF BUTTERNUT STREET NW, 173RD AVENUE NW & FLlNTWOOD STREET NW . WHEREAS, pursuant to Resolution No. 163-01 , adopted the 6TH day of November, 2001 a Feasibility Report has been prepared by the Citv Enoineer for the improvements: and WHEREAS, such report was received by the City Council on the 19th day of February ,2002; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated project cost of $ 92,340.00 ($5.429.65/Lot) . -- 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. 01-25, for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $124,825.25. 3. A public hearing shall be held on such proposed improvement on the 5th day of March , 2002 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 reoular meeting this 19th day of February , 2002 , with Councilmembers Jacobson, Trude. o rite I , Knioht. 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 d,;t~ (j;/,¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 16-02 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. 99-15 FOR THE WATER TREATMENT PLANT. WHEREAS, the City Council is cognizant of the need for the Water Treatment Plant; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of the Water Treatment Plant, Project 99-15; and BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of Bolton & Menk to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Jacobson and adopted by the City Council at a reqular meeting this 5th day of February , 2002 , 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: < (g?A~ ~mache - Mayor !Li;-~ tf~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 15-02 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. 02-14 FOR 2002 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 2002 Overlays, Project 02-14; 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 Council member Jacobson and adopted by the City Council at a reqular meeting this 5th day of February , 2002 , 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: ~kd~ Ichael R. Gamache - Mayor U~ /)nf,V Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 14-02 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. 02-4 FOR THE 2002 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 2002 Seal Coatinq Improvements, Project 02-4: and BE IT FURTHER RESOLVED by the City Council to hereby direct the ...9!Y..- Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 5th day of February , 2002 , with Council members Trude, Jacobson, Ortiel, Gamache, Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~d~ Ichael . Gamache - Mayor (l.;;Ç~ ¡¿,.ü/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 13-02 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. 02-3 FOR THE 2002 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 2002 Crack Sealinq Improvements, Project 02-3; 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 Jacobson and adopted by the City Council at a reç¡ular meeting this 5th day of February , 2002 , with Council members Trude, Jacobson, Orttel, Gamache, Kniqht 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 d,;i~ tLl~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 12-02 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. 01-30 FOR PRAIRIE ROAD RECONSTRUCTION. WHEREAS, the City Council is cognizant of the need for the street reconstruction; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Prairie Road Reconstruction, Project 01-30; and BE IT FURTHER RESOLVED by the City Council to hereby direct MFRA to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reQular meeting this 5th day of February , 2002 , with Council members Trude, Jacobson, Orttel, Gamache, KniQht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A TIEST: ~~~d~ ichael R. Gamache - Mayor rLi--U-.-/ (),¿¿., Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 11-02 MOTION by Council member Trude to adopt the following: A RESOLUTION ORDERING PREPARATION OF A SUPPLEMENTAL FEASIBILITY REPORT FOR PROJECT NO. 00-43, IN THE NATURES RUN AREA. WHEREAS, the City Council has received a petition, dated April 15, 2001 , 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. WHEREAS, a feasibility report was previously approved on Auqust 7, 2001. 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 of $1 ,000.00 was previously collected. 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a revised feasibility report. MOTION seconded by Council member Jacobson and adopted by the City Council at a reqular meeting this L day of Februarv , 2000, with Council members Trude, Jacobson, Ortlel, Gamache, Kniqht voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~á?c4~ Ichael R. Gamache - Mayor 1Lé-~ tJdÞ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 10-02 MOTION by Council member Trude to adopt the following: A RESOLUTION ORDERING PREPARATION OF A SUPPLEMENTAL FEASIBILITY REPORT FOR PROJECT NO. 00-42 , IN THE AZTEC ESTATES AREA. WHEREAS, the City Council has received a petition, dated December 11 , 2000, 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. WHEREAS, a feasibility report was previously tabled by the City Council on June 5, 2001 for Aztec Estates, Project 00-42. 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 of $1 ,000.00 was previously collected. 3. The proposed improvement is hereby referred to SEH and they are instructed to provide the City Council with a revised feasibility report. MOTION seconded by Council member Jacobson and adopted by the City Council at a reQular meeting this ~ day of February , 2002, 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: Z~Rd~ ichael R. Gamache - Mayor d,)(¡-~ {J£Þ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 09-02 MOTION by Council member Trude to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN , PROJECT NO. 02-13, IN THE AREA OF PRAIRIE ACRES ADDITION (LOTS 1 & 2, BLOCK 1 ). WHEREAS, the City Council has received a petition, dated January 21, 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 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 5th day of February , 2002. 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: ~~d~ Ichael R. Gamache - Mayor tL£~ ¿!.-t£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 08-02 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 02-10 FOR SANITARY SEWER & WATERMAIN IN THE FOllOWING AREA OF ASHWOOD ESTATES (lOTS 2 & 3. BLOCK 1). WHEREAS, the City Council did on the 15TH day of January . 2002, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the Citv EnQineer and presented to the Council on the 5th day of February ,2002; 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 $ 19.742.08 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 19,742.08 and waive the Public Hearing. MOTION seconded by Council member Jacobson and adopted by the City Council at a reQular meeting this 5th day of February , 2002 . with Councilmembers Trude, Jacobson, Orttel. Gamache, KniQht 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 ~./ ¿LIb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 07-02 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 01-27, CREEKSIDE ESTATES 2ND ADDITION. THE CITY COUNCil OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 40,450.72 so that the total cost of the improvement will be $ 40,450.72 . 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 $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 40,450.72 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 first Monday in January 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 City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 5TH day of February , 2002 , with Councilmembers Trude, Jacobson, Orttel, Gamache, Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~--4P?~ Michael R. Gamache - Mayor d~~ d¿b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 06-02 A RESOLUTION APPROVING CHANGE ORDER #-1. TO PROJECT NO. 00-39, CHESTERTON COMMONS NORTH 2ND ADDITION. WHEREAS, the City of Andover has a contract for Project No. 00-39 with_ Volk Sewer & Water, Inc. of Brooklyn Park, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 00-39. Adopted by the City Council of the City of Andover this 5th day of February , 2002. CITY OF ANDOVER ATTEST: ~~~~ hael R. Gamache - Mayor ¿L,i:-v'u, -I t/~¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 05-02 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. 02-10, IN THE AREA OF ASHWOOD ESTATES (LOTS 2 & 3, BLOCK 1). WHEREAS, the City Council has received a petition, dated December 1 , 2001 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Ortiel and adopted by the City Council at a reaular meeting this 15th day of January , 2002, with Councilmembers Trude, Ortiel, Gamache, Kniaht.. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 7~¿:;Ç?~~ Michael R. Gamache - Mayor (L;t;.;..; ;)4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO.04-02 A RESOLUTION DECLARING A ROTTWEILER OWNED BY LEO AND KARA KIMMEL, 3146 -167 LANE NW AS A "NUISANCE" AND ORDERING ITS PERMANENT REMOVAL FROM THE CITY OF ANDOVER OR ITS DESTRUCTION, WHEREAS, a rottweiler owned by Leo and Kara Kimmel, 3146 - 167 Lane NW was declared a "biting dog" by the Andover City Council on March 4, 1997; and WHEREAS, the rottweiler on December IS, 2001 attacked a neighbor's dog causing such extensive injuries the dog had to be euthanized; and WHEREAS, Ordinance 233 allows the City Council to cause the destruction or pennanent removal of the dog trom the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the rottweiler dog previously declared as a "biting dog" either be removed pennanently trom the City or destroyed within seven (7) days trom the receipt ofthe resolution. BE IT FURTHER RESOLVED that the owner of said dog shall provide proof to the city that the dog has either been removed trom the city pennanently or destroyed. Adopted by the City Council of the City of Andover this 2nd day of January, 2002. CITY OF ANDOVER Attest: 2:~/K~~ ichael R. Gamache, Mayor d--i:,~_.J O,./þ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 03-02 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 ottIle City of Andover that the City's official depository for 2002 is the Anoka office of Wells Fargo Bank Minnesota, N.A. BE IT FURTHER RESOLVED that Wells Fargo Investment Services Inc, and Wells Fargo Institutional Trust; the Minnesota Municipal Money Market Fund; Firstar Trust Co. of Minnesota; Juran and Moody, Division of MiIler, Johnson and Kuehn, Inc.; Dain Rauscher Inc.; Soloman Smith Barney Inc.; PaineWebber Inc.; Prudential Securities; I st 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 Treasurer 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 2nd day of January 2002. CITY OF ANDOVER ATTEST: ~æ~ Ichael R. Gamache - Mayor {).uÏ1A:..J ()~þ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 02-02 A RESOLUTION ACCEPTING A GIFT DONATION FROM BURCHVILLE CONSTRUCTION. WHEREAS, the City of Andover has received a $50.00 gift certificate to Champps Americana from BurchvilIe Construction; and WHEREAS, the City Council must under state law formally accept this most generous gift by City resolution. NOW THEREFORE BE IT RESOLVED that the Andover City Council hereby accepts the gift certificate valued at $50.00 trom Burchville Construction and gratefully thanks them for this most generous gift. BE IT FURTHER RESOLVED that the City Council approves the use ofthe aforementioned gift certificate in the following manner: the gift certificate to be given to the Andover Employee Club for use at the annual Employee Appreciation Dinner. Adopted by the City Council of the City of Andover on this 2nd day of Januarv 2002. ATTEST: CITY OF ANDOVER Li;~ (/rt£ ~~~~~~~ Victoria Volk, City Clerk ichael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO ROI-02 A RESOLUTION GRANTING A ONE YEAR TIME EXTENSION FOR LOT SPLIT FOR BOB PEACH AT 15830 UNIVERSITY AVENUE LEGALLY DESCRIBED AS FOLLOWS: EXISTING LEGAL DESCRIPTION: The East 633 feet of the South 510 feet ofthe North 869.53 feet ofthe Southeast Quarter of Section 13, Township 32, Range 24 which lies northerly ofthe center line of 15ih Avenue N.W. as now laid out and traveled. Said East 633 feet shall be measured by a line drawn 633 feet West of and parallel to the East line of said Section 13, said South 510 feet shall be measured by a line drawn 359.53 feet South of and parallel to the North line of said Southeast Quarter of Southeast Quarter of Section 13, and said North 869.53 feet drawn by a line 869.53 feet South of and parallel to the North line of said Southeast Quarter of Southeast Quarter of Section 13. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said lot split; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the lot split. WHEREAS, the City Council agreed with the recommendation of the Planning and Zoning Commission and approved the lot split on January 2, 2001. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves a one year time extension for the lot split with the following conditions: 1, That the applicant comply with all the conditions of Resolution R002-0 I. Adopted by the City Council of the City of Andover this 2nd day of January, 2002. ATTEST: CITY OF ANDOVER íLt;;'J IJdf, ~R¿;;I~ Victoria V olk, City Clerk ¡chael R. Gamache, Mayor