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CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO 182-01
A RESOLUTION ADOPTING THE CITY OF ANDOVER 2002 BUDGET AND 2002 PROPERTY TAX LEVY TO
BE CERTIFIED TO THE COUNTY AUDITOR.
WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and
WHEREAS, the City of Andover receives significant financial support from its residents through the payment
of property taxes; and
WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's
funds; and
WHEREAS, Minnesota State Law requires the City to certify to the County Auditor an adopted tax levy and
budget prior to December 28, 200 I; and
WHEREAS, Minnesota State Law requires the City to certify to the State of Minnesota Department of
Revenue an adopted tax levy by December 31, 2001.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the
2002 City of Andover Budget and the 2002 property tax levy totaling $5,626,477 as listed on Attachment A.
BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2002 City
of Andover Budget by fund type as follows:
REVENUES EXPENDITURES
General Fund $ 6,987,351 General Fund $ 6,977 ,262
Special Revenue Funds 578,462 Special Revenue Funds 1,487,787
Debt Service Funds 4,301,352 Debt Service Funds 7,285,792
Capital Projects Funds 8,306,741 Capital Projects Funds 9,581,804
Enterprise Funds 2,543,734 Enterprise Funds 2,481,216
Internal Service Funds 450.650 Internal Service Funds 470.646
Total $23.168.290 Total $28.284.507
Adopted by the City of Andover this 18th day of December 2001.
CITY OF ANDOVER
ATTEST: ~~~~~
~ ()v&
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 Resolution No. /'6;2-0/ adopting the City of
Andover 2002 Budget and 2002 Property Tax Levy with the original record thereof preserved in my office,
and have found the same to be true and correct transcript ofthe whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 18th day of December 2001.
ILL ¡)rI!b
Victoria V olk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R181-01
MOTION by Counci1member Trude seconded by Counci1member Jacobson to
adopt the following:
A RESOLUTION APPROVING THE FINAL PLAT OF "PRAIRIE ACRES" AS BEING
DEVELOPED BY S.W. WOLD CONSTRUCTION, INC. LOCATED AT 752 140TH AVENUE
NW IN SECTION 36, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA,
LEGALLY DESCRIBED AS FOLLOWS:
The east 160 feet ofthe west 277.70 feet of the south 235.21 feet ofthe north 453.21 feet
of Government Lot 1, Section 36, Township 32, Range 24 subject to 140th Lane N.W.
over the north 33.00 feet thereof.
WHEREAS, the City Council has approved the preliminary plat of the project to be known as
"Prairie Acres"; and
WHEREAS, the Developer has presented the final plat of Prairie Acres; and
WHEREAS; the City Engineer has reviewed such final plat for conformance with the
preliminary plat
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to
hereby approve the final plat of Prairie Acres contingent upon receipt ofthe following:
1. The City Attorney presenting a favorable opinion.
2. Security to cover legal and engineering costs as determined by the City Engineer.
3. The developer 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 (15% of the total costs for the improvements for
the property and a contract for the improvements awarded.
5. Receipt of all necessary drainage and utility easements outside the plat if necessary.
6. Subject to final review of City Staff for compliance with City ordinances, policies,
guidelines and conditions of preliminary and final plat approval.
7. Developer is responsible for obtaining all permits from U.S. Army Corps of
Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency
that may be interested in the site.
8. 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 18th day of December, 200L
CITY OF ANDOVER
ATTEST:
~ tlffi -?fPy~/--::;4~
% /' ¿::::y; 0.1 -'L
Victoria Volk, City Clerk Michael R. Gamache, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 180-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE
UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH
REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE.
WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax
Regulations (the "Regulations") dealing with the Issuance of bonds, all or a portion of the proceeds of
which are to be used to reimburse the City for project expenditures made by the City prior to the time of
the issuance of the bonds; and
WHEREAS, the Regulations generally require that the City make a prior declaration of its official
intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued
borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of
such borrowing within one year of the payment of the expenditure or, if longer, within one year of the
date the project is placed in service, and that the expenditure be a capital expenditure; and
WHEREAS, the City desires to comply with requirements of the Regulations with respect to
certain projects hereinafter identified;
NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopt a "declaration
of official intent" pursuant to Section 1.103-18 of the Regulations.
1. Official Intent Declaration
(a) The City proposes to undertake the following projects described on Exhibit A attached
hereto.
(b) Other than (i) expenditures to be paid or reimbursed from sources other than a
borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition
provision of Section 1.103-18(1)(2) of the Regulations or (Iii) expenditures constituting
preliminary expenditures as defined in Section 1.103(1 )(2) of the Regulations, no
expenditures for the foregoing projects as identified on Exhibit A have heretofore been
made by the City and no expenditures will be made by the City until after the date of this
Resolution.
(c) The City reasonably expects to reimburse the City expenditures made for costs of
designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City
after the date of payment of all or a portion of the costs. All reimbursed expenditures
shall be capital expenditures as defined in Section 1.150-1 (h) of the Regulations.
(d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18
of the Regulations.
2. Budoetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a
long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a
long-term bases or otherwise set aside) to provide permanent financing for the expenditures
related to the projects, other than pursuant to the issuance of the Bonds. This resolution,
therefore, is determined to be consistent with the City's budgetary and financial
circumstances as they exist or are reasonably foreseeable on the date hereof, all within the
meaning and content of the Regulations.
3. Filina. This resolution shall be filed within 30 days of its adoption in the publicly available
official books and records of the City. This resolution shall be available for inspection at the
office of the City Clerk at the City Hall (which is the main administrative office of the City)
during normal business hours of the City on every business day until the date of issuance of
the Bonds.
4. Reimbursement Allocations. The City's financial officer shall be responsible for making the
"reimbursement allocations" described in the Regulations, being generally the transfer of the
appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing
used by the City to make payment of the prior costs of the projects. Each allocation shall be
evidenced by an entry on the official books and records of the City maintained for the Bonds,
shall specifically identify the actual prior expenditure being reimbursed or, in the case
reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account
from which the expenditure was paid, and shall be effective to relieve the proceeds of the
Bonds from any restriction under the bond resolution or other relevant legal documents for the
Bonds, and under any applicable state statute, which would apply to the unspent proceeds of
the Bonds.
MOTION seconded by Council member J ~ C Q b & Q A and adopted by the City Council of the City of
Andover on this 18th day of December ,2001. with Council members Trude
Jacobson, Kni qht, Gamacbe. 0Jo~~§ ~n favor of the resolution, and Council members none'
voting against, whereupon said resolution was passed.
CITY OF ANDOVER
.....
ATTEST:
tLi;,~ ¿!rib
Victoria Volk - City Clerk
EXHIBIT A
Project Descriptions:
Estimated Cost to be
Reimbursed from Proceeds
Andover Water Treatment Plant $9,000,000
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO.179-01
A RESOLUTION APPROVING COST-OF-LIVING ADJUSTMENTS FOR ALL NON-
REPRESENTED EMPLOYEES FOR CALENDAR YEAR 2002
WHEREAS, cost-of-living adjustments for non-bargaining employees are in order
to recognize annual inflationary increases in cot-of-living standards as measured by the
Consumer Price Index (CPI), and regional economic and market-based indicators; and
WHEREAS, the annual percentage adjustments of three (3) percent effective
January I, 2002 are within the expenditure guidelines established in the Budget; and
WHEREAS, non-bargaining employees are defined as those public employees not
formally represented by an exclusive bargaining group as defined under Minnesota
Statute.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves
cost-of-living adjustments of three (3) percent effective January 1,2002 for all non-
represented employees.
Adopted by the City Council of the City of Andover this 18th day of December, 2001.
CITY OF ANDOVER
ATTEST:
IL;:t-u".¡ I/æ
Victoria V olk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 178-01
MOTION by Council member Trude to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR 1350 BUNKER LAKE BOULEVARD
NW/ANOKA COUNTY PARKS MAINTENANCE BUILDING FOR THE IMPROVEMENT
OF SANITARY SEWER & WATERMAIN, PROJECT NO. 01-32.
WHEREAS, the City Council has received a petition, dated December 4. 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. 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 Jacobson and adopted by the
City Council at a reqular meeting this 18th day of December, with
Council members Trude. Jacobson. Orttel. Kniqht. Gamache voting in
favor of the resolution, and Council members none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~~~~~
.'''' "/~~-,,.
~ichael R Gamache - Mayor
~ ()d/;
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 177-01
A RESOLUTION COMMITTING THE CITY OF ANDOVER TO CERTAIN LAND USE
CONTROL ACTIONS TO BRING ITS 2020 COMPREHENSIVE PLAN INTO
CONFORMANCE WITH METROPOLITAN SYSTEM PLANS
WHEREAS, the City of Andover pursuant to Minnesota Statutes 473.864, Subd. 2 and 473.175
has submitted for review and adoption its 2020 Comprehensive Plan to the Metropolitan Council
to ensure conformance with metropolitan system plans and Regional Growth Strategy policies;
WHEREAS, the Metropolitan Council staff review record of the City's 2020 Comprehensive
Plan identified land use elements that are deemed inconsistent with Metropolitan Council
Regional Growth Strategies policies for rural and urban reserve areas within the City of Andover
and represents a substantial departure from the regional Wastewater System plan;
-
WHEREAS, specific land use control issues identified in the review record dated October 10,
2001 would require the City of Andover to take additional measures and actions to ensure
conformance with metropolitan system plans and consistency with Regional Growth Strategy
Plan through its 2020 Comprehensive Plan; and
WHEREAS, the City of Andover has reviewed the recommended land use and waste water
system recommendations identified by the Metropolitan Council staff and indicated their
willingness to commit in concept and principle to take appropriate legislative actions to ensure
municipal compliance with metropolitan system plans.
NOW THEREFORE BE IT RESOLVED that the Andover City Council commits to the
following land use control actions to ensure conformance with metropolitan system plans and
consistency with regional policies in the following manner:
1. The City of Andover commits to restricting lot splits of less than 20 acres within the 2020
urban reserve area and shall incorporate said restrictions within its 2020 Comprehensive
Plan for designated and/or future designated urban reserve areas.
2. The City of Andover shall commit to identifying and protecting through appropriate land
use controls environmentally sensitive resources, agricultural lands and buffer areas in
the rural area in cooperation with metropolitan and state agencies; protection óf
environmentally sensitive areas shall be limited to land use controls as approved by the
governing body.
3. The City of Andover, in order to preserve and protect agricultural land uses, promote
orderly growth and maintain important quality ofIife factors, will
a. identify and designate within 18 months from the date of its 2020 Comprehensjve
Plan adoption no less than 1,000 acres of rural reserve area. During this 18 month
review and designation process, restrictions on lot splits of less than 1 per 20
acres and subdivision of less than 1 per 40 acres shall apply to all land areas
referenced in Scenario 1 and 2 (hereto attached) beyond the City's adopted 2020
metropolitan urban service area.
b. restrict the subdivision of agricultural preserve and non-agricultural rural property
in the designated rural reserve area to no less than 1 per 40 acres until the City has
an adopted 2040 Comprehensive Plan;
c. restrict lot splits of no less than 20 acres in the designated rural reserve area until
the City has an adopted 2040 Comprehensive Plan
4. The City of Andover seeks to reserve its rights to future CAB sewer flows and agrees to
perform necessary and timely sewer studies at the Metropolitan Council's request in
determining ultimate CAB sewer flow design capacity requirements when planning for
City 2040 development needs.
BE IT FURTHER RESOLVED that the Metropolitan Council will in exchange for these
additional municipal land use control commitments be willing to recommend adoption of the
City's 2020 Comprehensive Plan and allow the City to put its plan into effect, conditional on the
herein described land use actions being incorporated into the final, adopted 2020 Comprehensive
Plan. -
BE IT FURTHER RESOLVED that upon adoption of this resolution and corresponding adoption
of the City's 2020 Comprehensive Plan by the Metropolitan Council, City staff is authorized to
incorporate appropriate language in its 2020 Comprehensive Plan to ensure internal consistency
with the actions prescribed by this resolution.
Adopted by the City Council ofth~ City of Andover this 6th day of December, 2001.
ATTEST: CITY OF ANDOVER
~d4 ;Z~d~
City Clerk
Scenario One
1003 Acres
" \¡' Proposed 2020 MUSA Boundary
Sewer Staging
_ 2000-2005
D 2005-2010
[12010-2015
2015-2020
_ 2020-2040 (1,003 Acres)
Scenario Two
1026 acres
§33
~
E!óJtm
/'./ Proposed 2020 MUSA Boundary
Sewer Staging
_ 2000-2005
D 2005-2010
II 2010-2015
2015-2020
_ 2020-2040 (1,026 Acres)
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R176-01
MOTION by Councilmember Orttel seconded by Councilmember Jacobson to adopt the
following:
A RESOLUTION APPROVING THE FINAL PLAT OF "ASHWOOD ESTATES" AS BEING
DEVELOPED BY TRAMM BUILDERS AND REALTORS, LOCATED AT 732 140TH
AVENUE NW IN SECTION 36, TOWNSHIP 32, RANGE 24, ANOKA COUNTY,
MINNESOTA, LEGALLY DESCRIBED AS FOLLOWS:
That part of the following described property lying north of the south line thereof; the east
277.7 feet of the west 555.4 feet of the south 235.21 feet of the north 453.21 feet of
Government Lot 1 Section 36, Township 32, Range 24 in Anoka County, Minnesota
WHEREAS, the City Council has approved the preliminary plat of the project to be known as
"Ashwood Estates"; and
WHEREAS, the Developer has presented the final plat of Ashwood 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 Ashwood Estates 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 (15% of the total costs for the improvements for
the property and a contract for the improvements awarded.
5. Subject to final review of City Staff for 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.
7. 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 4th day of December, 200l.
CITY OF ANDOVER
ATTEST:
tL;¿;:,.) drlÞ ~~~4...__L
Victoria V olk, City Clerk Michael R. Gamache, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R175-01
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "ASHWOOD ESTATES"
BY TRAMM BUILDERS AND REALTORS, LLC LOCATED AT 732 140TH AVENUE NW
IN SECTION 36, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY
DESCRIBED AS FOLLOWS:
That part of the following described property lying north of the south line thereof; the east 277.7
feet of the west 555.4 feet ofthe south 235.21 feet of the north 453.21 feet of Government Lot 1
Section 36, Township 32, Range 24 in Anoka County, Minnesota
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning
Commission has conducted a public hearing on said plat; and
WHEREAS, as a result of such public hearing, the Planning and Zoning Commission
recommends to the City Council the approval of the plat.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
preliminary plat with the following conditions:
1. The 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 staff review and approval for compliance with City ordinances, policies
and guidelines.
3. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
Adopted by the City Council of the City of Andover this 4th day of December, 2001.
CITY OF ANDOVER
ATTEST:
d::t;,~ /Jß ~·-7~4 ¿
~~ q-::?7~ .~
Victoria V olk, City Clerk Michael R. Gamache, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 174-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 99-8 FOR DRILL MUNICIPAL WELL
#8.
WHEREAS, the City Council is cognizant of the need for the well; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and
specifications for the improvement of the Drill Municipal Well #8, Project 99-8; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the--ºJ!'L
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 4th day of December ,2001, with
Councilmembers Trude. Jacobson. Kniqht. Gamache. Ortiel voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~<-c;4/ c:::Ç;; ,~ß
'chael R. Gamache - Mayor
d;7:;;~~J d¿b
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 173-01
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
98-33. CAMBRIDGE ESTATES 2ND ADDITION & CHESTERTON COMMONS NORTH
(BLOCK 4. LOT 1).
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. 1 0 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 Jacobson and adopted by the City Council
at a reaular meeting this L day of December ,2001, with Councilmembers
Trude. Jacobson, Kniaht. Gamache. Ortlel voting in favor of the resolution, and
Councilmembers none voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~~/«A~L
Mt6hael R. Gamache - Mayor
tLL;:....J ¡)/L
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 172-01
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
98-36. CHESTERTON COMMONS NORTH & CAMBRIDGE ESTATES 2NLJ ADDITION
(BLOCK 1. LOTS 1. 2 & 3).
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 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 Jacobson and adopted by the City Council
at a reaular meeting this L day of December , 2001 , with Councilmembers
Trude. Jacobson. KniQht. Gamache. Ortiel voting in favor of the resolution, and
Councilmembers none voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~~--?Ap~
chael R. Gamache - Mayor
~ OLb
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 171-01
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
98-34, CHESTERTON COMMONS 3HU ADDITION & CAMBRIDGE ESTATES 2ND ADDITION
(BLOCK 3, LOTS 2 & 3).
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 1Q 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 Jacobson and adopted by the City Council
at a reqular meeting this L day of December ,2001, with Councilmembers
Trude, Jacobson, Kniqht. Gamache, Ortlel voting in favor of the resolution, and
Councilmembers none voting against, whereupon said resolution was declared passed,
CITY OF ANDOVER
A nEST: _.:.;¿~ ~"-C::
chael R Gamache - Mayor
~ ¿I,¿¿,
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 170-01
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF
DELINQUENT MOWING 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 mowing
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, 2002 and shall bear interest at the rate of 8 percent per year.
3. The owners of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property with interest
accrued to the date of payment, to the City of Andover, except that no interest shall be charged if
the entire assessment is paid within 30 days rrom 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 20th
day of November, 2001.
ATTEST: CITY OF ANDOVER
~ 1fß' c
t..
Victoria Volk, City Clerk ichael R. Gamache, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 169-01
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICA nON OF
DELINQUENT FALSE ALARM FINES.
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 false
alarm fines.
.--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 ofland 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, 2002 and shall bear interest at the rate of 8 percent per year.
3. The owners of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property with interest
accrued to the date of payment, to the City of Andover, 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 Jacobson , seconded by Council member
Knight and adopted by the City Council ofthe City of Andover on this 20th
day of November, 2001.
ATTEST: CITY OF ANDOVER
ILz;..J ¿)dV ~~~
Victoria Volk, City Clerk ¡chae1 R. Gamache, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 168-01
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 98-33. CAMBRIDGE ESTATES 2Nb ADDITION & &
CHESTERTON COMMONS NORTH (BLOCK 4. LOT 1).
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 $158.206.00 plus $3.150.00 for seal coat, and
the expenses incurred or to be incurred in the making of such improvement amount to
$ 53.051.36 & $950.00 and work previously done amount to $ 42.123.50 so that
the total cost of the improvement will be $ 257,480.86
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
$ 32.944.90 the amount to be assessed against benefited property owners is declared
to be $ 224.535.96
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
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 20th day of November ,2001 ,with Councilmembers
Trude. Kniaht. Gamache. Jacobson. Ortlel (absent) voting in favor of the
resolution, and Councilmembers none voting against, whereupon said resolution
was declared passed.
CITY OF ANDOVER
ATTEST:
~¿Jæ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 167-01
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 98-36. CHESTERTON COMMONS NORTH &
CAMBRIDGE ESTATES 2ND ADDITION (BLOCK 1. LOTS 1. 2 & 3).
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 $445.970.07 plus $10.425.00 for seal coat and
$4,697.42 for future street and utilitv extension, and the expenses incurred or to be incurred in
the making of such improvement amount to $140.464.93 and work previously done
amount to $ 124,203.68 so that the total cost of the improvement will be $ 725,761.10.
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
$ 32.201.28 the amount to be assessed against benefited property owners is declared
to be $ 693.559.82
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 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 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 Knioht and adopted by the City Council
at a reoular meeting this 20TH day of November ,2001 ,with Councilmembers
-
Trude. Kniaht. Gamache. Jacobson. Ortlel (absent) 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
I~j ()~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 166-01
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 98-34. CHESTERTON COMMONS 3KU ADDITION
& CAMBRIDGE ESTATES 2ND ADDITION (BLOCK 3. LOTS 2 & 3).
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 $499.553.34 plus $6.450.00 for seal coat, and
the expenses incurred or to be incurred in the making of such improvement amount to
$158.072.17 & $9.671.25 and work previously done amount to $ 82.255.25 so that the
total cost of the improvement will be $ 756.002.01
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
$ 303.660.29 the amount to be assessed against benefited property owners is declared
to be $ 452,341.72
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
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 20th day of November ,2001 , with Councilmembers
Trude. Kniaht. Gamache. Jacobson. Orttel (absent) 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
11 ,:6~.) (/$
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO R165-01
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "PRAIRIE ACRES" BY S.W.
WOLD CONSTRUCTION, INC. LOCATED AT 732 140lli AVENUE NW IN SECTION 36,
TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED AS
FOLLOWS:
The east 160 feet of the west 277.70 feet of the south 235.21 feet of the north 453.21 feet
of Government Lot 1, Section 36, Township 32, Range 24 subject to 140th Lane N.W.
over the north 33.00 feet thereof.
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning
Commission has conducted a public hearing on said plat; and
WHEREAS, as a result of such public hearing, the Planning and Zoning Commission
recommends to the City Council the approval of the plat
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
preliminary plat with the following conditions:
1. Proposed minimum lowest floor elevations need to be indicated.
2. Overflow drainage calculations need to be provided to ensure that no more water than
pre-platting conditions flows into Cherrywood Estates.
3. Additional calculations to demonstrate that any standing water in this pond will not affect
the proposed lowest floor elevation of Lot 2 of Prairie Acres.
4. The developer obtains all necessary permits from the Coon Creek Watershed District,
DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in
the site.
5. 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.
7. Such plat approval is contingent upon approval by the City Engineer.
Adopted by the City Council of the City of Andover this 6th day of November, 2001.
CITY OF ANDOVER
ATTEST:
r ~~d~
¡:h';Óí4J ()$
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 164-01
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:
I. Sucn-proposed assessment, a copy of which is attached hereto and made part hereof, is
hereby accepted and shall constitute the special assessment against the lands named therein, and
each tract of land therein included is hereby found to be benefited by the proposed improvement
in the amount ofthe assessment levied against it
2. Such assessment shall be payable in one annual installment on or before the first
Monday of January, 2001 and shall bear interest at the rate of 8 percent per year.
3. The owners of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property with interest
accrued to the date of payment, to Connexus Energy, except that no interest shall be charged if
the entire assessment is paid within 30 days ttom the adoption ofthe resolution.
Motion by Council member Jacobson , seconded by Council member Trude
and adopted by the City Council of the City of Andover on this 6th day of November,
200l.
CITY OF ANDOVER
ATTEST: æK~~
tLi-MAV ¿.~¿
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 163-01
MOTION by Councilmember Truce to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF -
STREETS , PROJECT NO. 01-25, IN THE AREA OF BUTTERNUT STREET
NW. 173KU AVENUE NW & FLlNTWOOD STREET NW
WHEREAS, the City Council has received a petition, dated ,2001
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 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 6TH day of November , 2001, with
Councilmembers Trude. Ortlel. Gamache. Jacobson. 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
~ ¡j,,¿ú
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 162-01
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
99-35. WOODLAND ESTATES 2ND 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 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
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 Ortlel and adopted by the City Council
at a reaular meeting this 6th day of November ,2001, with Councilmembers
Trude. Ortlel. Gamache. Jacobson. Kniqht voting in favor of the resolution, and
Councilmembers none voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ¡z U
~/~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R161-01
A RESOLUTION AMENDING RESOLUTION NO. R129-01 APPROVING THE
PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF "DEVONSHIRE
ESTATES" BY CREEKSIDE HOMES LOCATED IN SECTION 33, TOWNSHIP 32, RANGE
24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED ON EXHIBIT A.
WHEREAS, the City Council on September 4, 2001, added a condition to Resolution No.
R129-01 to allow Staff to detennine the variance required to the three foot separation between
the low floor and the seasonal high water mark to construct basements in the units ofthe
development of Devonshire Estates; and
WHEREAS, as a result of granting the one foot variance and providing for basements in
the units, the developer is able to construct decks on the units instead of the proposed at-grade
patios; and -
WHEREAS, in order to allow the developer to construct decks, Resolution No. R129-01
must be amended to remove all references to the construction of patios and the requirement of L-
shaped walls or fences.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
amend Resolution No. R129-01 approving the Preliminary Plat of Devonshire Estates with the
following conditions:
I. Conditions No. 1-7 of Resolution No. R129-01 shall remain as written and adopted by the
City Council on September 4,2001.
2. The developer shall construct decks on the units in place of the patios and the required L-
shaped fence or wall. Such decks shall be allowed to encroach into the common area.
3. A one-foot variance for basements is approved.
Adopted by the City Council of the City of Andover this 16th day of October, 2001.
CITY OF ANDOVER
ATTEST: ~/«~té?
I[z;;: J tf&
Victoria V olk, City Clerk Michael R. Gamache, Mayor
Exhibit A
Legal Description
All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24,
Anoka County, Minnesota, described as follows:
Commencing at a point on the South line of the said South half of the Northeast Quarter distant
550.00 feet West from the Southeast comer of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of 234.46 feet; thence Northwesterly tangent to said
curve a distance of 187.36 feet to the actual point of beginning of the tract ofland toiJe
described; thence continuing Northwesterly along last mentioned line a distance of 172.00 feet;
thence Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right
angles a distance of 172.00 feet; thence Northeasterly at right angles a distance of 185.00 feet to
the actual point of beginning.
TOGETHER WITH
All that part of said South Half of the Northeast Quarter described as follows:
Commencing at a point on the South line of the said South half of the Northeast Quarter distant
550.00 feet West from the Southeast comer of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of 360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of234.46 feet; thence Northwesterly tangent to said
curve a distance of65.36 feet to the actual point of beginning of the tract ofland to be described;
thence continuing Northwesterly along last mentioned line a distance of 122.0 feet; thence
Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right angles a
distance of 125.93 feet, more or less, to a point 291.15 feet North as measured at right angles to
the South line of said South Half of the Northeast Quarter ITom a point 1426.0 feet West ITom the
Southeast comer of said South Half of the Northeast Quarter; thence Northeasterly in a straight
line to the actual point of beginning. Except the Southeasterly 10.00 feet thereof.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R160-01
A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF TED HURKMAN
FOR A HOME OCCUPATION PLUMBING BUSINESS TO BE OPERATED OUT OF AN
ACCESSORY STRUCTURE ON PROPERTY LOCATED AT 2487 139TH AVENUE NW
(PIN 33-32-24-11-0017 AND 33-32-24-11-0049).
WHEREAS, Ted Hurkman has requested a Special Use Permit for a home occupation plumbing
business to be operated out of an accessory structure on property located at 2487 139th Avenue
NW;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request does not meet the following criteria of Ordinance No.8, Section 4.30:
1. The property is approximately 2.6 acres in size which is below the three acre minimum
lot size for this type of use. -
2. The accessory building is approximately 4,600 square feet in size which is significantly
larger than the 800 square foot maximum allowed by ordinance.
3. The structure is set back approximately 26.5 feet from the east property line which is less
than the thirty foot minimum side yard setback required.
4. The proposed number of employees associated with the home occupation is greater than
the one employee permitted by ordinance.
5. The number of vehicles associated with the proposed home occupation exceeds the one
vehicle allowed by ordinance, and;
WHEREAS, the accessory structure does not meet current fire and building codes that apply to
commercial construction, and;
WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental
effect upon the health, safety, morals, and general welfare of the City of Andover; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the
Special Use Permit request.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and denies the Special
Use Permit on said property.
Adopted by the City Council of the City of Andover on thisl£day of Oc tober, 2001.
CITY OF ANDOVER ~~~~
ichael R. Gamache, Mayor
ATTEST:
Ú.w d~
Victoria Volk, City Clerk
- ...
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R159-01
MOTION by Council member Orttel seconded by Councilmember Jacobson to
adopt the following:
A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT
DEVELOPMENT OF NATURE'S RUN AS BEING DEVELOPED BY WILLIAM G.
AND KATHLEEN M. HUPP LOCATED IN SECTION 27-32-24, ANOKA
COUNTY, MINNESOTA.
WHEREAS, the City Council has approved the preliminary plat of the
Planned Unit Development of Nature's Run; and
WHEREAS, the Developer has presented the final plat of Nature's Run;
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 Nature's Run contingent upon receipt
of the following:
1. The City Attorney presenting a favorable opinion.
2. Security to cover legal, engineering, street sign and installation 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 is completed, a letter from the
developer's engineer that lots and streets are graded according to the
grading plan submitted and approved by the City.
4. 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 {streets, utilities, etc.}) and a contract for the
improvements awarded.
5. Streetlight costs to be paid to Connexus Energy. Costs to be determined by
Connexus Energy.
6. Receipt of all necessary drainage and utility easements outside the plat if
necessary.
7. Subject to final review of City Staff for compliance with City ordinances,
policies, guidelines and conditions of preliminary and final plat approval.
8. Developer is responsible to obtain all permits from U.S. Army Corps of
Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other
agency that may be interested in the site.
9. Park dedication as recommended by the Park and Recreation Commission
and approved by the City Council.
10. Filing of Articles of Incorporation, Bylaws, Declarations and all other
association documents, and Easements with the Anoka County Recorder.
Page Two
Resolution - Final Plat
Nature's Run
October 16, 2001
11. Variances or development standards approved with the Planned Unit
Development shall become the only listing of variances approved on the
plat
12. A trail easement shall be dedicated to the City of Andover along Coon
Creek as shown on the preliminary plat
Adopted by the City Council of the City of Andover this 16th day of October,
2001.
CITY OF ANDOVER
ATTEST: ~vKd~'
Michael R Gamache - Mayor
iLL, ¡j¿¿
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 158-01
A RESOLUTION AMENDING SPECIAL USE PERMIT #00-17 AT THE REQUEST OF BILL
HUPP FOR A PLANNED UNIT DEVELOPMENT TO ALLOW THREE ALTERNATE
TOWNHOUSE DESIGNS FOR THE FIFTY-FOUR (54) TOWNHOUSE UNIT
DEVELOPMENT TO BE KNOWN AS "NATURE'S RUN" LOCATED AT 1650 ANDOVER
BOULEVARD NW LEGALLY DESCRIBED AS INDICATED ON EXHffiIT A
WHEREAS, Bill Hupp has requested an amendment to the Special Use Permit for a Planned
Unit Development to develop a residential development consisting of fifty four townhouse units
pursuant to Ordinance No.8, Section 4.18, Planned Unit developments and Ordinance No. 112,
An Ordinance regulating Planned Unit Developments on the property legally descried on Exhibit
A; and
WHEREAS, the City Council has reviewed the request and has determined that said request
meets the criteria of Ordinance No.8, Section 4.18, Planned Unit developments and Ordinance
No. 112, An Ordinance regulating Planned Unit Developments; and
WHEREAS, the City Council finds the request would not have a detrimental effect upon the
health, safety, morals, and general welfare of the City of Andover; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the amended Special Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
amended Special Use Permit on said property with the following conditions:
1. All conditions of Special Use Permit #00-17 except for the style of townhouse units shall
remain in effect.
Z. The contract associated with Rezoning #00-09 shall be amended to reflect the townhouse
styles approved with this action. ,
Adopted by the City Council of the City of Andover on this 16tllay of Octob,12001.
CITY OF ANDOVER
¿
AT~ (/db lchael, R Gamache, Mayor
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R157-01
A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF RACHEL
BORGEN FOR A HOME OCCUPATION BEAUTY SALON FOR PROPERTY LOCATED AT
898 138TH AVENUE NW (PIN 35-32-24-13-0027).
WHEREAS, Rachel Borgen has requested a Special Use Permit for a home occupation beauty
salon for property located at 898 138111 Avenue NW, and;
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of Ordinance No.8, Section 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 recommends to the City Council approval of
the Special Use Permit request;
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby
agrees with the recommendation ofthe Planning and Zoning Commission and approves the
Special Use Permit for a Home Occupation Beauty Salon on said property with the following
conditions:
1. The establishment shall be limited to one (1) chair salon/barber only.
2. The hours of operation shall be Monday Through Saturday 9am to 8:30 pm.
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 of the property becomes detrimental to the health, safety or general
welfare of the community.
8. Subject to Building Official and Fire Chief inspection.
Adopted by the City Council of the City of Andover on this16thday of Ck:tober ,2001.
CITY OF ANDOVER ~~~Yor
ATTEST:
~-i;i.J (þ/V
Victoria V olk, City Clerk
---
Resolution #157-01
Legal Description
898 _138th Avenue NW
Lot 4, Block 4, Hills of Bunker Lake 5th Addition
City of Andover
Anoka County, Minnesota
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO 156-01
A RESOLUTION ACKNOL WLEDGING THE UTILIZATION OF 2000B GENERAL OBLIGATION
PERMANENT IMPROVEMENT REVOLVING FUND BONDS FOR VARIOUS CITY OF ANDOVER
IMPROVEMENT PROJECTS.
WHEREAS, the City of Andover issued $3,350,000 of2000B General Obligation Permanent Improvement
Revolving Fund Bonds; and
WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the proceeds
received; and
WHEREAS, the City of Andover has determined that proceeds are available for additional qualifYing
improvement projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby acknowledge
the utilization of the 2000B General Obligation Permanent Improvement Revolving Fund Bonds as the funding
source for the following projects:
Townhomes of Woodland Creek (00-37)
New Elementary School and Verdin Street Improvements (01-12)
Roanoke Street & Mary Stone Blvd NW Street Improvements (01-19)
Butternut Street NW, 173rd Ave. NW & Flintwood St NW Street Paving (01-25)
Adopted by the City of Andover this 16th October 200 L
CITY OF ANDOVER
ATTEST:
~ ¡j¿¿;
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 155-01
MOTION by Councilmember Orttel to adopt the following:
A RESOLUTION DECLARING COST (AMENDED) AND DIRECTING PREPARATION OF
ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER.
WA TERMAINJ STORM SEWER AND STREETS FOR PROJECT 99-35, WOODLAND
ESTATES 2N 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 $739.294.95 plus $17.300.00 for seal coat,
and the expenses incurred or to be incurred in the making of such improvement amount to
$211.102.04 and work previously done amount to $ 214,460.00 so that the total cost of the
improvement will be $1,182.156.99 .
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
$ 89.155.34 the amount to be assessed against benefited property owners is declared
to be $ 1.093.001.65.
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
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 16th day of October , 2001 , with Councilmembers
Orttel. Trude. 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
dU/-ruJ !Jv-fb
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 154-01
MOTION by Councilmember Ortlel to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC
HEARING FOR THE IMPROVEMENT OF PROJECT NO. 01-27 FOR
SANITARY SEWER. WATERMAIN. STREET & STORM SEWER IN THE
FOLLOWING AREA OF CREEKSIDE ESTATES 2NIJ ADDITION.
WHEREAS, the City Council did on the L day of October ,2001,
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 16th day of October ,2001; 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 $ 40.450.70
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 $ 40.450.70 and waive the Public Hearing.
MOTION seconded by Councilmember Trude and adopted by the
City Council at a reqular meeting this 16th day of October , 2001 , with
Councilmembers Ortlel. Trude, Gamache, Jacobson. Ortlel
voting in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Itu '~
LaA~ {; ;¿.
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 153-01
MOTION by Councilmember Orttel to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE
IMPROVEMENT OF WATERMAIN PROJECT NO. 01-23, 3408 - 142ND
AVENUE NW.
WHEREAS, the property owner has waived their right to a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby
found to be benefited by the proposed improvement in the amount of the
assessment levied against it
2. Such assessment shall be payable in equal annual installments, extending over
a period of -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 Trude and adopted by the
City Council at a reqular meeting this 16th day of October ,2001, with
Councilmembers Orttel. Trude. Gamache. Jacobson. Orttel voting in
favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~~¿-/
4Áichael R. Gamache - Mayor
(j;~ !1~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 152-01
MOTION by Councilmember Orttel to adopt the following:
A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF
DELINQUENT FALSE ALARM FINES.
WHEREAS, in accordance with City Ordinance 256 a listing of delinquent false
alarm fines.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. A hearing shall be held the 20th day of November 2001, 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 Regular meeting this ~ day of October, 2001, with
Councilmembers Knight Jacobson Gamache Orttel Trude voting in favor ofthe
resolution, and Councilmembers none voting against, whereupon said
resolution was declared passed.
CITY OF AN~
ATTEST: ~~~~
~t-~ dt-lb ichael R Gamache-Mayor
Victoria Volk-City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 151-01
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF
ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT FALSE
ALARM FINES.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, delinquent false alarm fines in the amount of$150.00 exist as of
September 30, 2001; and
WHEREAS, Section 3 of Ordinance 256 provides for the collection by assessment of
unpaid false alarm fines.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
L The amount of the cost to be assessed against benefited property owners is
declared to be $150.00 plus an administrative fee of 15%.
2. Assessment shall be payable in equal annual installments extending over a period
of I year. The first of the installments to be payable on or before the first Monday in January
2002, and shall bear interest at the rate of 8 percent per annum :!Tom the date of the adoption
of the assessment resolution.
3. The City Clerk, with the assistance of the Finance Director shall forthwith
calculate the proper amount to be assessed against every assessable lot, piece or parcel of
land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of
such assessment in the Clerk's office for public inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notifY the
Council thereof.
CITY OF ANDOVER
Attest:
~ (/Ló ichael R. Gamache- Mayor
Victoria Volk-City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 150-01
MOTION by Councilmember Orttel to adopt the following:
A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF
DELINQUENT MOWING CHARGES.
WHEREAS, in accordance with City Ordinance 219 a listing of delinquent
mowing charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. A hearing shall be held the 20th day of November 2001, 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 Regular meeting this ~ day of October, 2001, with
Councilmembers Knight Jacobson Gamache Orttel Trude voting in favor of the
resolution, and Councilmembers none voting against, whereupon said
resolution was declared passed.
CITY OF ANDOVER
ATTEST: ..-~~~'
¿L~ tUb ichaeI R. GanÚiche-Mayor
Victoria Volk-City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 149-01
A RESOLUTION DECLARING COST AND DIRECTING PREP ARA TION OF
ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT MOWING
CHARGES.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, delinquent mowing charges in the amount of$132.09 exist as of
September 30, 2001; and
WHEREAS, Section 5 of Ordinance 219 provides for the collection by assessment of
unpaid mowing charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. The amount of the cost to be assessed against benefited property owners is
declared to be $132.09 plus an administrative fee of 15%.
2. Assessment shall be payable in equal annual installments extending over a period
of I year. The first of the installments to be payable on or before the first Monday in January
2002, and shall bear interest at the rate of 8 percent per annwn from the date of the adoption
of the assessment resolution.
3. The City Clerk, with the assistance of the Finance Director shall forthwith
calculate the proper amount to be assessed against every assessable lot, piece or parcel of
land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of
such assessment in the Clerk's office for public inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notifY the
Council thereof.
CITY OF ANDOVER
Attest:
;1;,z,;..J tig ichael R. Gamache- Mayor
Victoria Volk-City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 148-01
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 99-35, WOODLAND ESTATES 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 $739.294.95 plus $17.300.00 for seal coat,
and the expenses incurred or to be incurred in the making of such improvement amount to
$211 ,102.04 and work previously done amount to $ 225,926.00 so that the total cost of the
improvement will be $1 ,193,622.99 .
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
$ 89,155.34 the amount to be assessed against benefited property owners is declared
to be $ 1.104,467.65.
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 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 City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper
amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided
by law, and she shall file a copy of such proposed assessment in her office for public
inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notify the Council
thereof.
MOTION seconded by Councilmember Orttel and adopted by the City Council
at a reoular meeting this 2nd day of October , 2001 , with Councilmembers
Trude, Gamache. Orttel, Knioht (absent), Jacobson (absent voting in favor of the
resolution, and Councilmembers none voting against, whereupon said resolution
was declared passed.
CITY OF ANDOVER
ATTEST: ~~A~~¿
rchael R. Gamache - Mayor
f.l:;tw~ dæ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.147-nl
MOTION by Council member Trllclp to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF
ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT UTILITY
SERVICES CHARGES
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, delinquent utility service charges in the amount of $27,964.17
exist as of September 30, 2001; and
WHEREAS, Section 8 of Ordinance 32, Section 30 of Ordinance 55 and
Section 8 of Ordinance 86 provide for the collection by assessment of unpaid
water, sewer and street light service charges respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. The amount of the cost to be assessed against benefited property
owners is declared to be $27,964.17 plus an administrative fee of 15%.
2. Assessment shall be payable in equal annual installments extending
over a period of 1 year. The first of the installments to be payable on or before the
first Monday in January 2002, and shall bear interest at the rate of 8 percent per
annum from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the Finance Director shall forthwith
calculate the proper amount to be assessed against every assessable lot, piece or
parcel of land, without regard to cash valuation, as provided by law, and the Clerk
shall file a copy of such proposed assessment in the Clerk's office for public
inspection.
4. The Clerk shall, upon the completion of such proposed assessment,
notify the Council thereof.
MOTION seconded by Councilmember Orttel and adopted by the
City Council at a reqular meeting this 2nd day of October , 20J1-L
with
Orttel . Kni flht
Councilmembers Jacobson. Gamache. Trud~~ting in favor 0
the resolution, and Council members none voting
against, whereupon said resolution was declared passed.
CITY OF AND:J
ATTEST: '~4
chael R. Gamache - Mayor
Ii~ t!;/b
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 147A-Ol
MOTION by Council member Trude to adopt the following:
A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF
DELINQUENT SEWER, WATER AND/OR STREET LIGHT CHARGES
WHEREAS, in accordance with City Ordinances 32, 55 and 86 a listing of
delinquent sewer, water and/or street light charges has been prepared.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. A hearing shall be held the 6th day of November 2001, at City Hall at 8:01
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 Orttel and adopted by the
City Council at a reqular meeting this 2nd day of October ,2001,
with Councilmembers GarmchP. ...~, Knigl1t, TnxIe, vmJ in favor of
the resolution, and Councilmembers None voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: -;P~K~ /'
_ '~L/
M1chael R Gamache - Mayor
L:i:.;., dß
.-
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 146-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT TO DETERMINE THE PROPOSED
ASSESSMENTS TO LOTS 1-4, BLOCK 1, FOR THE IMPROVEMENT OF
SANITARY SEWER. WATER MAIN. STREET AND STORM SEWER ,PROJECT NO.
01-27, IN THE CREEKSIDE ESTATES 2NLJ ADDITION AREA
WHEREAS, the City Council has received a petition, dated September 26. 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. The proposed improvement is hereby referred to the City Enoineer and he is
instructed to provide the City Council with a feasibility report to determine the
proposed assessment to Lots 1-4, Block 1.
MOTION seconded by Councilmember Orttel and adopted by the
City Council at a reoular meeting this 2nd day of October ,2001, with
Councilmembers Trude. Gamache. Orttel. Knioht (absent). Jacobson (absent) 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
U· tJ,a
, ~ ,
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 145-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROll FOR THE
IMPROVEMENT OF SANITARY SEWER & WATERMAIN PROJECT NO. 99-37,
1680 ANDOVER BOULEVARD NW.
WHEREAS, the property owner has waived their right to a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF
ANDOVER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby
found to be benefited by the proposed improvement in the amount of the
assessment levied against it
2. Such assessment shall be payable in equal annual installments, extending over
a period of L.. 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 reQular meeting this L day of October ,2001, with
Councilmembers Trude. Gamache, Ortiel. Kniaht (absent), Jacobson (absent)
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
I L3:-!;ü..J ()"t¿.
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 144-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE
IMPROVEMENT OF SANITARY SEWER & WATERMAIN PROJECT NO. 01-8.
732 _140th LANE NW.
WHEREAS, the property owner has waived their right to a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby
found to be benefited by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual installments, extending over
a period of 2-.- years, the first of the installments to be payable on or before
the 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 reaular meeting this L day of October ,2001, with
Councilmembers Trude. Gamache. Orttel, KniQht (absent), Jacobson (absent)
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
~O&
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 143-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF
ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR
PROJECT 01-23, 3408 - 142nd AVENUE NW.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, the expenses incurred or to be incurred in the making of such
improvement amount to $ 4,267.35 so that the total cost of the improvement will
be $ 4,267.35.
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 $ 4,267.35 the amount to be assessed against
benefited property owners is declared to be $4,267.35
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 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 City Clerk, with the assistance of the City Engineer shall forthwith calculate
the proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard
to cash valuation, as provided by law, and she shall file a copy of such
proposed assessment in her office for public inspection.
4. The Clerk shall, upon the completion of such proposed assessment, notify the
Council thereof.
MOTION seconded by Councilmember Orttel and adopted by the
City Council at a reqular meeting this 2nd day of October, 2001 , with
Councilmembers Trude. Gamache, Orttel. Knight (absent), Jacobson (absent)
voting in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~K--4~
Ichael R. Gamache - Mayor
¡Li:¡~ Iii»
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO. R142-01
A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT
REQUEST OF NORTH LEXINGTON LANDSCAPING TO ALLOW FOR THE
CONTINUSTION OF SOIL MlNING PURSUANT TO ORDINANCE NO.8,
SECTION 4.24 ON PROPERTY LOCATED AT 16689 HANSON
BOULEVARD NW.
WHEREAS, North Lexington Landscaping has requested an Amended Special
Use Permit to allow for the continuation of soil mining pursuant to Ordinance No.
8, Section 4.24 on property located at 16689 Hanson Boulevard NW, legally
described as folIows:
The Southwest Y. of the Southwest Y. of Section II, Township 32, Range
24 except the South 660 feet of the West 687 feet thereof; also except
roads subj ect to easements of record.
WHEREAS, the Planning and Zoning Commission has reviewed the request and
has determined that said request meets the criteria of Ordinance No.8, Section
4.24; 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 and there was no opposition to the request;
and
WHEREAS, the Planning and Zoning Commission recommends to the City
Council approval of the Amended Special Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Andover hereby agrees with the recommendation of the Planning and Zoning
Commission and approves the Amended Special Use Permit on said property with
the following conditions:
I) That safety precautions be taken at the end of each working day to prevent
injury to playing children, bike riders and snowmobilers, etc.
2) That the applicant provide the City with a security bond to hold harmless
for restoration of the site as determined by the City Engineer.
3) That signs be placed on both sides of the driveway at Hanson Boulevard to
signal the presence of trucks hauling.
4) That the applicant only alter the topography to perfonn necessary mining
operations.
5) That the roadway be watered to control dust.
6) That the hauling of material be limited to Monday through Friday, 8:00
A.M. to 8:00 P.M. and Saturdays, 8:00 AM. until 4:00 P.M.
7) That the applicant restore the banks of the mined area after excavation
with approved topsoil, seed, and/or vegetation or brush to control erosion.
S) That the applicant obtain all necessary permits, including, but not limited
to, the following organizations: Department of Natural Resources, U.S.
Army Corps of Engineers, and Coon Creek Watershed District.
9) That the pennit be subject to an annual review and renewal by the City and
be limited to five years from the adoption of this resolution.
10) Staff shall notify the gas company of excavation near its right-of-way line.
Adopted by the City Council of the City of Andover on this 18 t ¡qIay of
September ,200l.
CITY OF ANDOVER
Attest: ~?~~;1
Michael R. Gamache- Mayor
IL/;ù'J rJrt//
Victoria Volk - City Clerk
1111
,<,., ...."..
October of 2001 is Proclaimed
As
Domestic Violence Awareness Month
Resolution No. 141-01
WHEREAS, the community problem of domestic violence has become a critical
public health and welfare concern in Anoka County; and
WHEREAS, domestic violence is a crime, the commission of which will not be
tolerated in Anoka County and perpetrators of said crime are subject to
prosecution and conviction in accordance with the law; and
WHEREAS, over 50,000 women and children have and will continue to access
assistance from Alexandra House, Inc., a domestic violence service provider; and
I ';;;1 WHEREAS, domestic violence will be eliminated through community partnerships
of concerned individuals and organizations working together to prevent abuse
-
,.......,,'< while at the same time effecting social and legal change; and
WHEREAS, October is National Domestic Violence Awareness Month; and
WHEREAS, During National Domestic Violence Awareness Month, Anoka County
organizations will inform area residents about domestic violence, its prevalence,
consequences and what we, as a concerned community can do to eliminate its
existence.
NOW THEREFORE, I, Michael R. Gamache, Mayor of Andover, do hereby
proclaim October to be Domestic Violence Awareness Month.
Signed z- ~ 4? .d ~
Date q, ·0/ r _
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 140-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF
ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN &
SANITARY SEWER, FOR PROJECT 01-8, 732 - 140lH LANE NW
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, the expenses incurred or to be incurred in the making of such
improvement amount to $ 8.084.48 so that the total cost of the improvement
will be $8.084.48
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 $ 8.084.48 the amount to be assessed
against benefited property owners is declared to be $8.084.48
2. Assessments shall be payable in equal annual installments extending over a
period of -L years. The first of the installments to be payable on or before the
1 st Monday in January 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 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 18th day of September, 2001 , with
Councilmembers Trude. Kniaht. Gamache. Jacobson. Ortlel voting in
favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: rZ-Ý~~
ichael R Gamache - Mayor
tLt-~ /)þ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 139-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF
ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN &
SANITARY SEWER, FOR PROJECT 99-37, 1680 ANDOVER BOULEVARD
NW.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
WHEREAS, the expenses incurred or to be incurred in the making of such
improvement amount to $ 7.932.99 so that the total cost of the improvement will
be $ 7.932.99
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 $ 7.932.99 the amount to be assessed
against benefited property owners is declared to be $7,932.99
2. Assessments shall be payable in equal annual installments extending over a
period of JL years. The first of the installments to be payable on or before the
1st Monday in January 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 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 18th day of September, 2001 , 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: ~¿p:,a ~
ichael R Gamache - Mayor
Jl:;t-,M/ a&
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 138-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
AUTHORIZING QUOTES TO BE OBTAINED TO PERFORM THE WORK FOR
PROJECT NO. 00-17 ,7TH AVENUE TRAIL
WHEREAS, pursuant to Resolution No. 024-01 , adopted by the City
Council on the 20m day of February 2001 ,the City Enoineer has
prepared final plans for Project 00-17 for the ih Avenue Trail .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 18th day of September , 2001 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans.
MOTION seconded by Councilmember Knioht and adopted by the
City Council at a reaular meeting this 18th day of September ,2001, with
Council members Trude. Knioht. Gamache. Jacobson, Ortiel
voting in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~q?d"~
ichael R. Gamache - Mayor
d;~ d,¿¡>
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 137-01
MOTION by Council member Trude to adopt the fOllowing:
A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER
CONSTRUCTION OF NORTH VALLEY RIDGE AS BEING DEVELOPED BY
JIM FIELDS.
WHEREAS, the developer has completed the streets and storm sewer of North
Valley Ridge.
WHEREAS, the developer will be required to provide a 1 year maintenance
bond which will expire on September 18. 2002 prior to release of any of the
developer escrows.
NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to
hereby approve the final street and storm sewer construction of North Valley Ridge.
Adopted by the City Council of the City of Andover this 18th day of September ,
2001.
CITY OF ANDOVER
ATTEST: -=:p.-q/~ ~
Michael R Gamache - Mayor
d;t;~ ¿¿-tÙ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 136-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #-1. TO PROJECT NO.
00-37, TOWNHOMES OF WOODLAND CREEK.
WHEREAS, the City of Andover has a contract for Project No. 00-37 with
w.s. 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. 00-37.
Adopted by the City Council of the City of Andover this 18th day of
September ,2001.
CITY OF ANDOVER
ATTEST: ~q¿~
Ichael R Gamache - Mayor
iL:L Ii&./
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 135-01
MOTION by Council member Trude to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC
HEARING FOR THE IMPROVEMENT OF PROJECT NO. 01-23 FOR
WATERMAIN IN THE FOllOWING AREA OF 3408 - 142NIJ AVENUE NW.
WHEREAS, the City Council did on the 3rd day of July ,
2001 , 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 18th day of September ,2001; and
WHEREAS, the property owners have waived the right to a Public Hearing;
and
WHEREAS, the City Council has reviewed the feasibility study and declares
the improvement feasible, for an estimated cost of $ 4.267.35
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 $ 4.267.35 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 Kniaht and adopted by the
City Council at a reaular meeting this 18th day of September , 2001 , with
Councilmembers Trude. Kniaht. Gamache. Jacobson. Orttel voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~£dL
Michael R. Gamache - Mayor
,(., .~
fl,;f;;~ 1/
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 134-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC
HEARING FOR THE IMPROVEMENT OF PROJECT NO. 01-20 FOR
SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE
FOLLOWING AREA DEVONSHIRE ESTATES.
WHEREAS, the City Council did on the L day of Auqust ,2001, order
the preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by the City Enqineer
and presented to the Council on the 18th day of September ,2001; 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 $ 25.109.63
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 $ 25.109.63 , waive the Public Hearing and order
improvements.
MOTION seconded by Councilmember Kniqht and adopted by the
City Council at a reqular meeting this 18th day of September, 2001 , 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: ~~~
'Michael R Gamache - Mayor
/Lt;;...:v (/~Ù
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R133-01
A RESOLUTION ADOPTING THE CITY OF ANDOVER 2002 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 15,2001.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the
proposed 2002 property tax levy totaling $5,626,477 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 $ 4,271 ,900 General Government $ 2,347,538
icense and Permits 910,640 Public Safety 2,380,547
Intergovernmental Revenue 622,209 Public Works 2,203,087
Charges for Current Services 442,590 Other 46.089
Fines and Forfeits 78,000
Miscellaneous Revenue 409,500
Transfers 242.422
Total $ 6.977.261 Total $ 6.977.261
Adopted by the City of Andover this 4th day of September 2001.
CITY OF ANDOVER
ATTEST:
d:.:t:; {)ffi
U4J
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. /. 'j '3 -() / adopting the 2002
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 4th day of September 2001.
_u ;i:;f-~ ¡)~
Victoria Volk - City Clerk
I Attachment A I
City of Andover. Minnesota
2002 Proposed Property Tax Levy
12002Prqposèd I
General Fund Levy 4,157,891
Debt Levv
Debt Service Funds
1991 Fire Bond 0
1999 G.O. Equip Cert. 291,703
2001 G.O. Equip Cert. - 259,978
Total Debt Service 551,681
Other Levies
Fire Relief 43,750
Capital Projects
Capital EquipmenVProjects 200,000
Parks Projects 50,000
Road & Bridge 597,396
Lower Rum River Watershed 25,759
Gross City Levy 5,626,477
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R132-01
MOTION by Councilmember Knight seconded by Councilmember Trude to
adopt the following:
A RESOLUTION APPROVING THE FINAL PLAT OF CREEKSIDE ESTATES
SECOND ADDITION AS BEING DEVELOPED BY TAYLOR MADE HOMES
LOCATED IN SECTION 27-32-24, ANOKA COUNTY, MINNESOTA.
WHEREAS, the City Council has approved the preliminary plat of
Creekside Estates Second Addition; and
WHEREAS, the Developer has presented the final plat of Creekside
Estates Second Addition; and
---
WHEREAS, the City Engineer has reviewed such final plat for
conformance with the preliminary plat
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the final plat of Creekside Estates Second Addition
contingent upon receipt of the following:
1. The City Attorney presenting a favorable opinion.
2. Security to cover legal, engineering, street sign and installation 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 is completed, a letter from the
developer's engineer that lots and streets are graded according to the
grading plan submitted and approved by the City.
4. 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 {streets, utilities, etc.}) and a contract for the
improvements awarded.
5. Streetlight costs to be paid to Connexus Energy. Costs to be determined by
Connexus Energy.
6. Receipt of all necessary drainage and utility easements outside the plat if
necessary.
7. Subject to final review of City Staff for compliance with City ordinances,
policies, guidelines and conditions of preliminary and final plat approval.
8. Developer is responsible to obtain all permits from U.S. Army Corps of
Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other
agency that may be interested in the site.
9. That the final plat indicate that the existing barn will be removed.
Page Two
Resolution - Final Plat
Creekside Estates Second Addition
Taylor Made Homes
September 4, 2001
Adopted by the City Council of the City of Andover this ~ day of September
, 2001.
CITY OF ANDOVER
ATTEST: ~~~<
Míchael R. Gamache - Mayor
~ ¡)~-
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R131-01
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF CREEKSIDE ESTATES
SECOND ADDITION BY TAYLOR MADE HOMES LOCATED IN SECTION 27,
TOWNSIDP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY AS FOLLOWS:
Outlot B and Outlot C, CREEKSIDE ESTATES, according to the recorded plat thereof,
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 ofthe 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 foIlowing conditions:
1. The developer is responsible to obtain 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 staff review and approval for compliance with City ordinances, policies
and guidelines.
3. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
4. The Preliminary Plat shaIl be revised to indicate that the barn on Lot 5 wiIl be removed.
Adopted by the City Council of the City of Andover this 4th day of September, 2001.
CITY OF ANDOVER
ATTEST: -
~ 14 ichae1 R. Gamache, Mayor
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R130-01
MOTION by Councilmember Jacobson seconded by Councilmember KnighlJo
adopt the following:
A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT
DEVELOPMENT OF DEVONSHIRE ESTATES AS BEING DEVELOPED BY
DAVE HARRIS IN SECTION 33-32-24, ANOKA COUNTY, MINNESOTA.
WHEREAS, the City Council has approved the preliminary plat of the
Planned Unit Development of Devonshire Estates; and
WHEREAS, the Developer has presented the final plat of Devonshire
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 Devonshire Estates contingent upon
receipt of the following:
1. The City Attorney presenting a favorable opinion.
2. Security to cover legal, engineering, street sign and installation 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 is completed, a letter from the
developer's engineer that lots and streets are graded according to the
grading plan submitted and approved by the City.
4. 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 {streets, utilities, etc.}) and a contract for the
improvements awarded.
5. Streetlight costs to be paid to Connexus Energy. Costs to be determined by
Connexus Energy.
6. Receipt of all necessary drainage and utility easements outside the plat if
necessary.
7. Subject to final review of City Staff for compliance with City ordinances,
policies, guidelines and conditions of preliminary and final plat approval.
8. Developer is responsible to obtain all permits from U.S. Army Corps of
Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other
agency that may be interested in the site.
9. Filing of Articles of Incorporation, Bylaws, Declarations and all other
association documents, and Easements with the Anoka County Recorder.
Page Two
Resolution - Final Plat
Devonshire Estates
Dave Harris
September 4, 2001
10. Variances or development standards approved with the Planned Unit
Development shall become the only listing of variances approved on the
plat.
11. Variance to Ordinance NO.1 O. Section 9.06(a)(1) for a one foot variance to
the three foot separation between the low floor and the seasonal high water
mark to accommodate basements.
12. Subject to the approval of the Comprehensive Plan Amendment by the
Metropolitan Council.
Adopted by the City Council of the City of Andover this -1!!L day of September
.2001.
CITY OF ANDOVER
~~ --
ATTEST:
Ichael R Gamache - Mayor
~()4
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO R129-01
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT
DEVELOPMENT OF "DEVONSHIRE ESTATES" BY CREKSIDE HOMES LOCATED IN
SECTION 33, 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 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 ofthe 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. Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines.
4. The variances or development standards shall become the only listing of variances to
Ordinances No.8 and 10 approved on the plat and shall be itemized as a part of the
Special Use Permit for this project.
5. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney.
6. Patio privacy walls shall be constructed in an L-shape to provide additional privacy.
7. Materials and colors of the buildings to be approved by the City Council as a part ofthe
Special Use Pennit for the Planned Unit Development.
Adopted by the City Council of the City of Andover this 4th day of September, 2001.
CITY OF ANDOVER
ATTEST:
~¡)4 ~
Victoria V olk, City Clerk
-
Exhibit A
Legal Description
All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24,
Anoka County, Minnesota, described as follows:
Commencing at a point on the South line of the said South half of the Northeast Quarter distant
550.00 feet West from the Southeast corner of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of 360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of 234.46 feet; thence Northwesterly tangent to said
curve a distance of 18736 feet to the actual point of beginning of the tract ofland to be
described; thence continuing Northwesterly along last mentioned line a distance of 172.00 feet;
thence Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right
angles a distance of 172.00 feet; thence Northeasterly at right ang1es-a distance of 185.00 feet to
the actual point of beginning.
TOGETHER WITH
All that part of said South Half of the Northeast Quarter described as follows:
Commencing at a point on the South line of the said South half of the Northeast Quarter distant
550.00 feet West from the Southeast corner of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of 360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of 234.46 feet; thence Northwesterly tangent to said
curve a distance of 6536 feet to the actual point of beginning of the tract of land to be described;
thence continuing Northwesterly along last mentioned line a distance of 122.0 feet; thence
Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right angles a
distance of 125.93 feet, more or less, to a point 291.15 feet North as measured at right angles to
the South line of said South Half of the Northeast Quarter from a point 1426.0 feet West from the
Southeast corner of said South Half of the Northeast Quarter; thence Northeasterly in a straight
line to the actual point of beginning. Except the Southeasterly 10.00 feet thereof.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R128-01
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CREEKSIDE
HOMES FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A RESIDENTIAL
DEVELOPMENT CONSISTING OF EIGHT (8) TOWNHOME UNITS TO BE KNOWN AS
THE SUBDIVISION OF "DEVONSHIRE ESTATES" ON THE PROPERTY LEGALLY
DESCRIBED ON EXHIBIT A
WHEREAS, Creekside Homes has requested a Special Use Pennit for a Planned Unit
Development to develop a residential development consisting of eight townhome 1JJ:Úts to be
known as the subdivision of "Devonsrure Estates" pursuant to Ordinance No.8, Section 4.18,
Planned Unit Developments and Ordinance No. 112, An Ordinance regulating Planned Unit
Developments on the property legally described on Exhibit A; 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, Special Uses. The Council
finds the proposed use will not be detrimental to the health, safety, morals and general welfare of
the occupants of the surrounding lands; and
WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect on the property values and scenic views of the surrounding area; and
WHEREAS, the Plaruúng and Zoning Commission finds the request meets the criteria of
Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An
Ordinance regulating Planned Unit Developments; and
WHEREAS, the proposed development meets the intent of and is in harmony with the
Comprehensive Plan; and
WHEREAS, a public hearing was held before the Planning and Zoning Commission and there
was no opposition to the request; and
WHEREAS, the Plaruúng and Zoning Commission is recommending to the City Council the
approval of the Special Use Permit for the Planned Unit Development as requested.
Page Two
Resolution - SUP/PUD of Devonshire Estates
September 4, 200 I
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 will allow
Creekside Homes to develop a Planned Unit Development on said property with the following
conditions:
I. All variances to Ordinances No.8 and 10 associated with the approval of the Special Use Permit for
the Planned Unit Development shall be as listed on Attachment B Development Standards and shall
become the only variances and approved standards for the development
2. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section
5.03(D).
3. 111e Special Use Permit shall be subject to annual review by Staff
4. The Special Use Permit for the Planned Unit Development shall be contingent upon the approval of
the comprehensive plan amendment, contract rezoning and the preliminary plat of Devonshire Estates.
If any one of these applications or requests fails tobe approved, in whole or in part, the special use
permit shall be considered null and void.
Adopted by the City Council of the City of Andover on this 4th day of September, 2001.
ATTEST CITY OF ANDOVER
{L;t;~ ¡j~ ~/~A--£
Victoria V olk, City Clerk chael R. Gamache, Mayor
Exhibit A
Legal Description
All that part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24,
Anoka County, Minnesota, described as follows:
Commencing at a point on the South line of the said South half of the Northeast Quarter distant
550.00 feet West ITom the Southeast comer of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of 234.46 feet; thence Northwesterly tangent to said
curve a distance of 187 J 6 feet to the actual point of beginning of the tract of land to be
described; thence continuing Northwesterly along last mentioned line a distance of 172.00 feet;
thence Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right
angles a distance of 172.00 feet; thence Northeasterly at right angles a distance of 185.00 feet to
the a~tual point õfbeginning.
TOGETHER WITH
All that part of said South Half of the Northeast Quarter described as follows:
Commencing at a point on the South line of the said South half of the Northeast Quarter distant
550.00 feet West ITom the Southeast comer of said South Half of the Northeast Quarter; thence
North at right angles to said South line of distance of360.00 feet; thence West and parallel with
the South line of said South Half of the Northeast Quarter a distance of 506.20 feet; thence on a
tangential curve concave to the Northeast having a radius of 445.51 feet and having a delta angle
of 30 degrees 09 minutes for a distance of 234.46 feet; thence Northwesterly tangent to said
curve a distance of 6536 feet to the actual point of beginning of the tract ofland to be described;
thence continuing Northwesterly along last mentioned line a distance of 122.0 feet; thence
Southwesterly at right angles a distance of 185.00 feet; thence Southeasterly at right angles a
distance of 125.93 feet, more or less, to a point 291.15 feet North as measured at right angles to
the South line of said South Half of the Northeast Quarter ITom a point 1426.0 feet West from the
Southeast comer of said South Half of the Northeast Quarter; thence Northeasterly in a straight
line to the actual point of beginning. Except the Southeasterly 10.00 feet thereof.
Attachment B
Development Standards
Site Feature Approved Standard
Lot Dimensions:
Lot Area: 1,728 square feet for interior units
2,560 square feet for' end units
,_... -" ,',--- --.
'-";,.. - ; .-.
Lot width: 27 feet for interior units
40 feet for end units
Lot depth: 64 feet for all units '
Exterior Setbacks:
· 'Front' NA
-
Side 40 Feet to 138th AveNW -
30 Feet to south property line
· Rear 50 feet to Crosstown Drive
34 feet to east property line
Interior Setbacks:
· Front 20 feet from interior drive lane
:. Side Attached units
· ,Rear NA
Other Site Features: 50 feet
Setback from Major Arterial:
Land Coverage; 19%
Gar~ge size: 480 square feet
Finished SF: l,379 square feet for interior units
1,528 square feet for end units
Density (units/acre): 6.6 units per acre
Variances:
Variance to the two acre minimum project size for a Planned Unit
Development
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R127-01
A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY
OF ANDOVER FROM RU, URBAN RESIDENTIAL SINGLE F AMIL Y TO RM, URBAN
RESIDENTIAL MULTIPLE F AMIL Y.
WHEREAS, Creekside Homes has petitioned the City of Andover for an amendment to
Ordinance 8, Section 6.03, (rezoning) that is inconsistent with the Comprehensive Plan.
WHEREAS, Minnesota State Statute Chapter 473.858 stipulates that the zoning ordinance must
be consistent with the comprehensive plan.
WHEREAS, an amendment to the Comprehensive Plan is necessary to ,allow for the proposed
rezoning to M-2, Multiple Dwelling Zoning District.
--
WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of
the amendment as requested.
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 adopts the
following amendment to the Comprehensive Plan, subject to review by the Metropolitan
Council:
I) Change the land use district designation from RU, Urban Residential Single Family to RM,
Urban Residential Multiple Family on 1.21. acres legally described on Exhibit A.
Adopted by the City Council of the City of Andover on this 4th day of September, 2001.
CITY OF ANDOVER
ATTEST:
¡f. a.¿¿
jJu'£';¿J
Victoria Volk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 126-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #-.£ TO PROJECT NO.
00-18, ANDOVER BOULEVARD EXTENSION FOR PROJECT NO. 01-12, NEW
ELEMENTARY SCHOOL VERDIN STREET ENTRANCE IMPROVEMENTS.
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 for Project No. 01-12.
Adopted by the City Council of the City of Andover this 4th day of
September , 2001.
CITY OF ANDOVER
ATTEST: ~æ~
¡ Q ichael R Gamache - Mayor
I1A/L t/rtb
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 125-01
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. 01-23, IN THE AREA OF 3408 - 142ND
AVENUE NW.
WHEREAS, the City Council has received a petition, dated Julv 18. 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 EnQineer 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 ~ day of September , 2001, with
Councilmembers Trude, Kniaht. Gamache, Jacobson. Ortiel (absent) voting in
favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: -:~?// Æ:.
Michael R Gamache - Mayor
~ dr£ú
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R124-0l
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF MINNESOTA
PETROLEUM SEVICE. INC. TO INSTALL A 10,000 GALLON BELOW GROUND
NUMBER TWO HEATING OIL STORAGE TANK IN ACCORDANCE WITH ORDINANCE
NO.8, SECTION 4.26 ON PROPERTY LOCATED AT 14800 CROSSTOWN BOULEVARD
NW/ANDOVER mGH SCHOOL
(PIN 27-32-24-21-0001).
WHEREAS, Minnesota Petroleum Service. Inc. has requested a Special Use Permit to install a
10,000 gallon below ground number two heating oil storage tank in accordance with Ordinance
No.8" Section 4.26 on property located at 14800 Crosstown Blvd NW; and
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined
that said request meets the criteria of Ordinance No.8, Section 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;
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
agrees with the recommendation of the Planning and Zoning Commission and approves the
Special Use Permit on said property with the following conditions:
1. The applicant obtain all required permits necessary for the installation of the fuel oil tank
and piping connections to boilers and other fuel burning apparatus, including Building
and Fire Department review and issuance of a building permit
2. The proposed installation work shall comply with all applicable Federal, State and local
fire and building codes regulating the storage of fuel.
3. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8,
Section 5.03(D).
Adopted by the City Council of the City of Andover on this 4th day of September, 2001.
CITY OF ANDOVER ~~~¿
ATTEST: !Chad R. Gamache, Mayor
,
1·Íú.' ' 'J,¿b
OWl .1/ ¿,
Victoria V olk, City Clerk
Resolution #124-01
Legal Description
Andover High School
14800 Crosstown Blvd. NW
The East 486.26 feet of the Northwest Quarter of the Northwest Quarter of Section Twenty-seven (27),
Township Thirty-two (32), Range Twenty-four (24), Anoka County, Minnesota
AND
The Northeast Quarter of the Northwest Quarter of Section Twenty-seven (27), Township Thirty-two
(32), Range Twenty-four (24), Anoka County, Minnesota; EXCEPT that part described as follows:
Beginning at a point on the east line of said Northeast Quarter of the Northwest Quarter, said point being
a distance of 596.69 feet south of the northeast comer of said Northeast Quarter of the Northwest Quarter;
thence south on the east line of said Northeast Quarter of the Northwest Quarter a distance of366.67 feet;
thence west at right angles a distance of330 feet; thence north and parallel with the east line of said
Northeast Quarter of the Northwest Quarter a distance of366.67 feet; thence east at right angles a
distance of330 feet to the point of beginning.
Together with appurtenant easements, gaps, overlaps and gores; subject to County Road No. 18 (also
known as Crosstown Boulevard N.W.); 'subject to Easement Doc. No, 1452593; subject to public rights of
way,
AND
That part of the North Half of the Northwest Quarter of Section Twenty-seven (27), Township Thirty-two
(32), Range Twenty-four (24), Anoka County, Minnesota, described as follows:
Beginning at a point on the east line of said Northeast Quarter of the Northwest Quarter, said
point being a distance of 596.69 feet south of the northeast corner of said Northeast Quarter of the
Northwest Quarter; thence south on the east line of said Northeast Quarter of the Northwest
Quarter a distance of366.67 feet; thence west at right angles a distance of330 feet; thence north
and parallel with the east line of said Northeast Quarter of the Northwest Quarter a distance of
366.67 feet; thence east at right angles a distance of330 feet to the point of beginning.
Together with appurtenant easements, gaps, overlaps and gores; subject to County Road No. 18 (also
known as Crosstown Boulevard N.W.); subject to Easement Doc. No. 1452593; subject to public rights of
way,
AND
That part of the Southeast Quarter (SE /14) ofthe Northwest Quarter (NW \4) of Section Twenty-seven
(27), Township Thirty-two (32), Range Twenty-four (24), Anoka County, Minnesota, lying Northerly of
the centerline of Coon Creek (also known as County Ditch No. 57); together with appurtenant easements,
gaps, overlaps and gores; subject to a reservation of minerals and mineral rights by the State of
Minnesota; subject to County Road No, 18 (also known as Crosstown Boulevard N,W.); subject to Coon
Creek and the rights of the public below the high water mark of Coon Creek.
AND
Outlot A, CREEKSIDE ESTATES, according to the map or plat thereof of file and of record in the office
of the County Recorder in and for Anoka County, Minnesota; together with appurtenant easements, gaps,
overlaps and gores; subject to public rights of way; subject to drainage and utility easements as shown on
the recorded plat; subject to Coon Creek and the rights ofthe public below the high water mark of Coon
Creek.
AND
That part of the Southwest Quarter ofthe Northwest Quarter of Section 27, Township 32 North, Range 24
West, Anoka County, Minnesota, lying northeasterly of the following described line:
Beginning at the northwest comer of said Southwest Quarter of the Northwest Quarter; thence on
an assumed bearing of South 89 degrees 13 minutes 24 seconds East along the north line of said
Southwest Quarter of the Northwest Quarter a distance of 672.52 feet; thence southeasterly
421.24 feet along the arc of a tangential curve concave to the southwest having a central angle of
53 degrees 38 minutes 00 seconds and a radius of 450,00 feet, the long chord of which bears
South 62 degrees 24 minutes 24 seconds East, 406.02 feet; thence south 35 degrees 35 minutes 24
seconds East, 480.34 feet to the east line of said Southwest Quarter of the Northwest Quarter and
said reference line there terminating.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. RI23 - 01
A RESOLUTION APPROVING THE VARIANCE REQUEST FOR MARK OBERHAMER
TO VARY FROM THE REQUIRED DESIGN AND EXTERIOR FINISH PROVISION OF
ORDINANCE 8, SECTION 4.05(G)(2) ON PROPERTY LOCATED AT 16682 HANSON
BLVD. NW.
WHEREAS, Mark Oberhamer has petitioned to vary from the required design and
exterior finish materials for a pole building placed closer to the front property line than
the principal structure of Ordinance 8, Section 4.05(G)(2) for property located at 16682
Hanson Blvd. NW legally described as follows:
N 324.23 ft of that part of SE Y. of SE Y. of Sec. 10 T32 R24 L YG WL Y of
Anoka Co HWY RNV Plat No 27; Ex RDS; Subj to ease of Rec.'
WHEREAS, the City Council finds that the location of the existing house, near the back of the
property, reduces the buildable area in the northern portion of the property, and;
WHEREAS, the location would not encroach on any septic, wetland or pipeline located on the
property, and;
WHEREAS, the design and exterior finish materials would not deter ITom neighboring
properties.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves the proposed variance request to allow:
1. Construction of a pole building (30' x 60') with similar siding as the principal structure
and a metal roof.
Adopted by the City Council of the City of Andover on this 41h day of September.
CITY OF ANDOVER
ATTEST:
~a&
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 122-01
MOTION by Councilmember KniQht to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
AUTHORIZING PRICES TO BE OBTAINED TO PERFORM THE WORK FOR
PROJECT NO. 01-12 . FOR NEW ELEMENTARY SCHOOL & VERDIN
STREET IMPROVEMENTS .
WHEREAS, pursuant to Resolution No. 105-01 , adopted by the City
Council on the 3rd day of July , 2001 , MFRA has prepared final
plans for Project 01-12 for the New Elementary School & Verdin Street
Improvements .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the yth day of AUQust . 2001 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans.
MOTION seconded by Councilmember Jacobson and adopted by the
City Council at a reQular meeting this yth day of AUQust . 2001 . with
Councilmembers Jacobson. KniQht. Orttel. Gamache (absent), Trude (absent)
voting in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: J~~Q ,~~ (
Kenneth D. Orttel - Acting Mayor
d ~- .(¿Ú
A ,.-J ¿
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 121-01
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.
01-20, IN THE DEVONSHIRE ESTATES AREA.
WHEREAS, the City Council has received a petition, dated Auoust 2. 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 $1.000.00
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 Knight and adopted by the
City Council at a reoular meeting this ih day of August ,2001, with
Councilmembers Jacobson. Knight. Orttel. Gamache (absent). Trude (absent) voting in
favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
A TIEST:
Ke
tLt:~ t/¿L/
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 120-01
MOTION by Council member Jacobson to adopt the following:
A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO
MICKMAN BROTHERS FOR PROJECT NO. 00-44 FOR THE IMPROVEMENT
OF HIDDEN CREEK NORTH PARK IRRIGATION.
WHEREAS, pursuant to a written contract signed with the City of Andover on
April 17. 2001, Mickman Brothers of Ham Lake. MN ,has
satisfactorily completed the construction in accordance with such contract.
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota that the work completed is hereby accepted and approved; and
BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby
directed to issue a proper order for the final payment, reimbursing the contractor's
receipt in full.
MOTION seconded by Councilmember Kniqht and adopted by the
City Council at a reaular meeting this L- day of Auaust , 2001 , with
Councilmembers Jacobson. Kniqht. Orttel. Gamache (absent), Trude (absent)
voting in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was passed.
ATTEST:
Ken
;L;~ ¡)~þ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 119-01
A RESOLUTION APPROVING CHANGE ORDER #1 TO PROJECT NO. 00-44,
HIDDEN CREEK NORTH PARK IRRIGATION.
WHEREAS, the City of Andover has a contract for Project No. 00-44 with_
Mickman Brothers of Ham Lake, MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 00-44.
Adopted by the City Council of the City of Andover this yth day of AUQust ,
2001.
CITY OF ANDOVER
/
1. -'~"-_
ATTEST: /. ~
, ,
Kenne h D. Orttel Acting Mayor
/1 ;z..~ aJ.L/
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 118-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO
BAUERL Y COMPANIES, INC, FOR PROJECT NO, 00-27 FOR THE
IMPROVEMENT OF 2000 OVERLAYS,
WHEREAS, pursuant to a written contract signed with the City of Andover on
September 19. 2000, Bauerlv Companies, Inc. of Sauk Rapids.
MN ,has satisfactorily completed the construction in accordance with such
contract.
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota that the work completed is hereby accepted and approved; and
BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby
directed to issue a proper order for the final payment, reimbursing the contractor's
receipt in full.
MOTION seconded by Councilmember Kniqht and adopted by the
City Council at a reaular meeting this L- day of Auaust , 2001 ,with
Councilmembers Jacobson. Kniqht. OrtteL Gamache (absent), Trude (absent)
voting in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was passed.
ATTEST: ~ I
Ken
d~ am
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 117-01
A RESOLUTION CONCURRING WITH PARTIAL FUNDING OF A PEDESTRIAN
UNDERPASS THROUGH THE COOPERATIVE TRAIL GRANT PROGRAM.
WHEREAS, the City has adopted in the City Comprehensive Plan a bike/hike
trail system plan links residential areas with recreational and community facilities; and
WHEREAS, the trail system plan includes a Pedestrian Underpass Connection;
and
WHEREAS, the proposed Pedestrian Underpass will connect the Bunker Hills
Park and will provide a transportation link from residential areas to the City facilities,
the school campus and its numerous recreational facilities; and
WHEREAS, the City is not able to fully fund the Pedestrian Underpass
Connection;
WHEREAS, the City assures that the facility will be maintained for no less than
twenty years;
WHEREAS, the trail project is eligible for funding through the Cooperative Trail
Grant Program administered by the DNR.
NOW, THEREFORE, BE IT RESOLVED that the Andover City Council does
hereby concur with the partial funding of the Pedestrian Underpass through the
Cooperative Trail Grant Program; and does hereby name Jim Dickinson, City Finance
Director, at 1685 Crosstown Boulevard NW, Andover, Minnesota 55304, as the City's
Fiscal Agent for the Pedestrian Underpass Connection project.
Adopted by the City of Andover this 7th day of Auqust ,2001.
ATTEST:
fl;;¡-~ {/..¿b
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 116-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO
ANNANDALE CONTRACTING FOR PROJECT NO. 98-28 FOR THE
IMPROVEMENT OF SHADOWBROOK 5 TH ADDITIO~
WHEREAS, pursuant to a written contract signed with the City of Andover on
May 18.1999, Annandale ContractinQ of Annandale. MN, has
satisfactorily completed the construction in accordance with such contract.
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota that the work completed is hereby accepted and approved; and
BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby
directed to issue a proper order for the final payment, reimbursing the contractor's
receipt in full.
MOTION seconded by Councilmember Kniqht and adopted by the
City Council at a reqular meeting this ~ day of Auqust , 2001 ,with
Councilmembers Jacobson. Kniqht. Orttel. Gamache (absent). Trude (absent)
voting in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was passed.
ATTEST: Gt ----~rJ\...
KeníÍeth D. Orttel- Acting Mayor
L~()#
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 115-01
A RESOLUTION APPROVING CHANGE ORDER #2 (COMPENSATING) TO
PROJECT NO. 98-28, SHADOWBROOK 5TH ADDITION.
WHEREAS, the City of Andover has a contract for Project No. 98-28 with_
Annandale Contractinq of Annandale. MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 98-28.
Adopted by the City Council of the City of Andover this yth day of Auqust ,
2001.
CITY OF ANDOVER
ATTEST: J(~cC&(
Kenrfuth D. Orttel- Acting Mayor
11;t;:.. J a..tú
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 114-01
MOTION by Council member Jacobson to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO.
00-18, ANDOVER BOULEVARD EXTENSION FOR PROJECT NO. 01-2, NEW
BALL FIELD FACILITY .
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 for Project No. 01-2.
Adopted by the City Council of the City of Andover this ih day of
AUQust ,2001.
CITY OF ANDOVER
ATTEST: &k\
Ken eth D. Ortlel - Acting Mayor
/L--t:A:J l.¿b
L
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RES. NO. 113-01
A RESOLUTION APPROVING THE VARIANCE REQUEST FOR RICHARD
GORDHAMER TO VARY FROM THE SIDE YARD SETBACK PROVISION OF
ORDINANCE 8 ON PROPERTY LOCATED AT 3924 139TH LANE NW.
WHEREAS, Richard Gordhamer has petitioned to vary fÌ'om the six foot side yard setback for
attached three stall garages of Ordinance 8 for property located at 3924 l39th Lane NW legally
described as follows:
Lot Lot 6 and 6A, Block 2 North Glen 5th Addition
WHEREAS, the City Council finds that the location of the existing house near the center of the
property reduces the buildable area in the eastern portion of the property, and;
WHEREAS, the orientation of the lot on a curve of 139th Lane causes the lot to be narrower than
other lots in the surrounding neighborhood. and;
WHEREAS, the combination of these factors prevents the construction of an addition to the
garage to match the style and character of the existing garage.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
approves the proposed variance request to allow:
I. A five (5) foot side yard setback for the attached garage.
Adopted by the City Council of the City of Andover on this 7th day of August, 2001.
CITY OF ANDOVER ~Ui
ATTEST: Kenneth D. Ortte1, Acting Mayor
IL~ 1)./0
Victoria Volk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 112-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC
HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 00-43 FOR SANITARY
SEWER, WATERMA/N, STREET & STORM SEWER IN THE FOLLOWING
AREA NATURES RUN.
WHEREAS, the City Council did on the L day of Mav ,2001, order the
preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by TKDA and
presented to the Council on the ih day of Auaust ,2001; 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 $ 698.864.00
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 $ 698,864.00 and waive the Public Hearing.
BE IT FURTHER RESOLVED by the City Council to hereby direct the firm
of TKDA to prepare the plans and specifications for such improvement project.
BE IT FURTHER RESOLVED by the City Council to hereby require the
developer to escrow for the sum of $ 104,829.00 with such payments to be
made prior to commencement of work on the plans and specifications
MOTION seconded by Councilmember Knioht and adopted by the
City Council at a reoular meeting this L day of Auoust , 2001 , with
Councilmembers Jacobson, Knioht, Orttel, Gamache (absent), Trude (absent)
voting in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY~ërJ
ATTEST: t bJ
Kenneth D. Orttel - Acting Mayor
~ !X~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 111-01
MOTION by Council member Jacobson to adopt the following:
A RESOLUTION ACCEPTING SUPPLEMENTAL FEASIBILITY STUDY AND
ORDERING THE IMPROVEMENT OF PROJECT NO. 00-5. 7TH AVENUE AREA
WHEREAS, Resolution No. 031-01 of the City Council adopted on the L
day of March, 2001, fixed a date for a public hearing; and
WHEREAS, pursuant to the required published and mailed notice such
hearing was held on the 1 yth day of Julv, 2001; and
WHEREAS, all persons desiring to be heard were given such opportunity for
same; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby order improvement Project No. 00-5 ,the cost to be on the
unit basis for concrete curb and gutter at an estimated amount of ~1.999.30.
MOTION seconded by Councilmember Orltel and adopted by the City
Council at a reaular meeting this ~ day of Julv , 2001, with
Councilmembers Trude. Orltel. Kniaht. Jacobson. Gamache voting in favor of the
resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: '~~Ä7c4~~
MIchael R. Gamache - Mayor
d~~ ¿Jæ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
RESOLUTION NO. 110-01
A RESOLUTION SETTING FEES FOR THE USE OF CITY BARRICADES FOR
NATIONAL NIGHT OUT.
The City Council of the City of Andover hereby resolves:
The following refundable fee is hereby established for the year 2001 :
Delivery of Barricades for National Night Out $25.00
The $25.00 fee will be refunded upon the return of the barricades in a satisfactory
condition.
Adopted by the City Council of the City of Andover this 17th day of Jnlv ,200t.
CITY OF ANDOVER
Attest: ~:-;~ yd~
Michael R. Gamache - Mayor
..j " " ¿I,Æ
th..t;:t;.6J )
Victoria V olk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 109-01
A RESOLUTION ABATING SPECIAL ASSESSMENTS ON THE PROPERTY
KNOWN AS 3512 - 142ND AVENUE NW, ANDOVER, MN, PIN 29 32 24 43 0018.
WHEREAS, a special assessment for watermain improvements was levied to
the property taxes at 3512 _142nd Avenue NW, Andover, Minnesota; and
WHEREAS, said assessment was paid in full on November 15, 2000.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of
Andover to abate the special assessment.
BE IT FURTHER RESOLVED, that the property owner will be reimbursed
for the first half of the assessment that was paid on May 15, 2001 in the amount of
$506.52.
Adopted by the City Council of the City of Andover this 17th day of Julv, 2001.
CITY OF ANDOVER
Attest: -?~q 4? ~.<c.
ichael R. Gamache- Mayor
d,;t;-~ tl4/
Victoria V olk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 108A-OI
A RESOLUTION SETTING FEES FOR PEDDLERS, TRANSIENT MERCHANTS
AND OUTDOOR FOOD & BEVERAGE PROMOTIONS AND SALES.
The City Council of the City of Andover hereby ordains:
The following fees are hereby established for the year 200 I:
Transient Merchants $25.00/7 day license
Peddlers $50.00/30 day license
Outdoor Food & Beverage Promotions & Sales/
Temporary Retail Food Establislunent $25.00/10 day license
The above fees will be effective immediately.
Adopted by the City Council of the City of Andover this 17th day of July ,2001.
CITY OF ANDOVER
Attest: . :?a1~4'~ ¡(
Mlcha . Gam che - 0-
d:~,:.) (U
Victoria V olk - City Clerk
.---
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 108-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC
HEARING FOR THE IMPROVEMENT OF PROJECT NO. 99-37 FOR SANITARY
SEWER & WATERMAIN IN THE FOllOWING AREA OF 1680 ANDOVER
BOULEVARD NW.
WHEREAS, the City Council did on the 3rd day of Julv ,
2001 ,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 1yth day of Julv ,2001; 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 $ 7932.99
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 $ 7932.99 waive the Public Hearing and order
improvements.
BE IT FURTHER RESOLVED the property would be assessed over a ~
year period.
MOTION seconded by Councilmember Ortlel and adopted by the
City Council at a reqular meeting this 17th day of Julv ,2001 ,with
Councilmembers Trude. Ortlel. Kniqht. Jacobson, Gamache voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: .~~%
ichael R. Gamache - Mayor
~/&
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R107-01
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ANOKA
COUNTY HIGHWAY DEPT. TO INSTALL A 12,000 GALLON ABOVE GROUND
PROPANE TANK IN ACCORDANCE WITH ORDINANCE NO.8, SECTION 4.26 ON
PROPERTY LOCATED AT 1440 BUNKER LAKE BOULEVARD (PIN 35-32-24-32-0001).
WHEREAS, Anoka County Highway Dept. has requested a Special Use Permit to install a
12,000 gallon above ground propane tank coordinating with Ordinance No.8, Section 4.26 on
property located at 1440 Bunker Lake Boulevard; 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 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 Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
agrees with the recommendation of the Planning and Zoning Commission and approves the
Special Use Permit on said property with the following conditions:
1. Building and Fire Department review and issuance of a building permit.
2. Establishment of a training program for employees as defined by the City of Andover
Fire Department.
3. Preserve and enhance vegetative or other types of screening between the tank and Bunker
Lake Boulevard.
Adopted by the City Council of the City of Andover on this 3,d day of July, 2001.
CITY OF ANDOVER
ATTEST:
;L;t;~ d/L
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANORA
STATE OF MINNESOTA
RES. NO. RI06-01
A RESOLUTION MODIFYING CITY OF ANDOVER RESOLUTION NUMBER
ROOS-OJ, A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND
SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT
PURPOSES ONLY.
WHEREAS, Minnesota Statutes, Section 118A 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 [mancial 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.
WHEREAS, First Regions Bank has recently opened for business and the City of
Andover is interested in utilizing First Regions Bank's services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that First Regions Bank be added as an additional depository for 2001 for
investment and cash management purposes only.
Adopted by the Andover City Council on the 3rd day of July 2001.
CITY OF ANDOVER
ATTEST: <--/;?;J-/ ~¿
Michael R. Gamache - Mayor
~ O,¿Ú
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 105-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC
HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 01-12 FOR THE NEW
ELEMENTARY SCHOOL AND VERDIN STREET IMPROVEMENTS.
WHEREAS, the City Council did on the L day of Mav ,2001, 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 3'd day of Julv ,2001; and
WHEREAS, the City Council has reviewed the feasibility study and declares
the improvement feasible, for an estimated cost of $ 238.203.00
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 $ 238.203.00 , waive the Public Hearing 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 Trude and adopted by the
City Council at a reqular meeting this 3'd day of Julv . 2001 . with
Councilmembers Jacobson. Trude. Gamache. Orttel. Kniqht voting
in favor of the resolution, and Council members none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
Ú~d.¿b
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 104-01
MOTION by Council member Jacobson to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF
SANITARY SEWER & WATERMAIN , PROJECT NO. 99-37, IN THE AREA
OF 1680 ANDOVER BOULEVARD NW.
WHEREAS, the City Council has received a petition, dated June 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The petition is hereby declared to be 100% of owners of property affected,
thereby making the petition unanimous.
2. Escrow amount for feasibility report is 0
3. The proposed improvement is hereby referred to the Citv Enaineer and he is
instructed to provide the City Council with a feasibility report.
MOTION seconded by Councilmember Trude and adopted by the
City Council at a reaular meeting this 3'd day of Julv , 2001, with
Councilmembers Jacobson, Trude, Gamache. Ortiel. Kniaht voting in
favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: -;0" ~ ~
ichael R. Gamache - Mayor
~ drib
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 103-01
MOTION by Council member Jacobson to adopt the following:
A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO
HARDRIVES. INC. FOR PROJECT NO. 00-28 FOR THE IMPROVEMENT OF
MISC. PARK TRAIL IMPROVEMENTS .
WHEREAS, pursuant to a written contract signed with the City of Andover on
October 13. 2000. Hardrives. Inc. of Roaers. MN, has satisfactorily
completed the construction in accordance with such contract.
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota that the work completed is hereby accepted and approved; and
BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby
directed to issue a proper order for the final payment, reimbursing the contractor's
receipt in full.
MOTION seconded by Councilmember Trude and adopted by the
City Council at a reaular meeting this ~ day of July ,2001 , with
Councilmembers Jacobson. Trude. Gamache. Orttel. Kniaht
voting in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST: ~k:4~
Michael R. Gamache - Mayor
d;~ drr!V
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 102-01
MOTION by Council member Jacobson to adopt the following:
A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT
NO. 00-18, ANDOVER BOULEVARD EXTENSION.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution
No. 074-01 ,dated April 17 ,2001, bids were received, opened and tabulated according
to law as follows:
Contractor Base Bid Alt. 1 Alt. 2 Total
WB Miller $1,688,378.98 $52,341.70 - $10,143.10 $1,730,577.58
CS McCrossan Constr. $1,904,583.41 $45,574.15 - $44,796.70 $1,905,360.86
Forest Lake Contr. $1,974,242.89 $46,424.40 - $22,893.00 $1,997,774.29
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate WB Miller as being the apparent low
bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to
enter into a contract with WB Miller in the amount of $1 ,730,577.58 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 Trude and adopted by the
City Council at a reqular meeting this 3rd day of Julv ,2001 ,with
Councilmembers Jacobson, Trude, Gamache, Orttel. Kniqht voting
in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~A4?¿j4?~/
Michael R. Gamache - Mayor
~ tI~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 101-01
MOTION by Councilmember Orttel to adopt the following:
A RESOLUTION RECEIVING BIDS FOR PROJECT NO. 00-18 FOR
ANDOVER BOULEVARD EXTENSION.
WHEREAS, pursuant to advertisement for bids as set out in Council
Resolution No. 074-01 , dated April 17 , 20010, 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 receive bids.
MOTION seconded by Councilmember KniQht and adopted by the
City Council at a reaular meeting this 18th day of June ,2001 ,with
Councilmembers Orttel. Kniaht. Gamache, Trude. Jacobson voting
in favor of the resolution, and Councílmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~~ A,.,£
MI hael R Gamache - Mayor
~ ¿/,,¿¿,
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 100-01
A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF
TOWER DRIVE FROM CROSSTOWN BOULEVARD NW AND TO THE NORTH
A DISTANCE OF 200 FEET.
WHEREAS, the no parking zone is to be located on both sides of Tower
Drive from Crosstown Boulevard NW and to the north a distance of 200 feet
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to designate a no parking zone as requested by the Park & Recreation
Commission.
Adopted by the City Council of the City of Andover this 18th day of June ,
2001.
ATTEST: ~~~~~ayor
~t~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 098-01
REGARDING AMENDMENT OF THE JOINT AND COOPERATIVE AGREEMENT
FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS SYSTEM TO
PERMIT THE ISSUANCE OF BONDS, OBLIGATIONS AND OTHER FORMS OF
INDEBTEDNESS AND TO MODIFY THE PROCESS FOR WITHDRAWING FROM
THE QUAD CITIES CABLE COMMUNICATIONS COMMISSION.
WHEREAS, the City of Andover, Minnesota (the "City") is a member of the
Quad Cities Cable Communications Commission (the "Commission"), a municipal joint
powers board organized pursuant to a Joint and Cooperative Agreement ("Agreement")
adopted by the Cities of Andover, Anoka, Champlin and Ramsey, Minnesota (the
"Member Cities") pursuant to Minn. Stat. §238.08 and §471.S9; and
WHEREAS, the Commission wishes to purchase a parcel ofland in one of the
Member Cities and to provide for the acquisition and bettennent of a new
operations/studio facility on that land (the "Project"), in order to exercise its powers and
carry out its duties under Article VIII of the Agreement; and
WHEREAS, the Commission voted on AprilS, 2001, to pursue options for
purchasing an appropriate parcel ofland and to retain an architect to draft necessary
architectural diagrams for the new studio facility; and
WHEREAS, THE commission proposes to issue revenue bonds in order to
finance the Project; and
WHEREAS, Minn. Stat. §471.59, Subd. 11 states that the governing bodies of the
Member Cities must expressly authorize the Commission to issue bonds, obligations and
other fonns of indebtedness; and
WHEREAS, the Agreement, as currently written, does not expressly authorize the
Commission to issue bonds, obligations and other fonns of indebtedness; and
WHEREAS, it is necessary to amend the Agreement to pennit the issuance of
bonds, obligations and other fonns of indebtedness and to ensure that all of the Member
Cities remain responsible for their share of such indebtedness.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota as follows:
1. That Article II of the Agreement shall be amended as follows:
The general purpose of this agreement is to establish and organization to
monitor the operation and activities of cable communications, and in
particular, the Cable Communications System (System) of the parties; to
provide coordination of administration and enforcement of the franchises
of parties for their respective System; to produce, edit and transmit;video
programming for the parties of this agreement; to make video production,
editing and studio facilities and equipment available to the citizens of the
parties to this agreement; and to conduct such other activities authorized
herein as may be necessary to provide equitable and reasonable rates and
service levels for the citizens of the parties to this agreement.
2. That Article VIII of the Agreement shall be amended by adding a new Section
13 that reads as follows:
Section 13. The Commission is given express authority to issue bonds,
obligations, and other forms of indebtedness to fmance the Project in a
principal amount not to exceed $1,5000,000. In addition, the Commission is
given express authority to issue bonds, obligations and other f01111s of
indebtedness to refund such indebtedness issued to fmance the Project.
as provided in Minn. Stat. §47L59, Subd. 11 the bonds, obligations
or other fonns of indebtedness shall be obligations of the Commission
which is a joint board established by the Member Cities and shall be
issued subject to the conditions and limitations set forth in Minn.
Stat. §471.59, Subd. 11. The Commission may not pledge the full faith
and credit or taxing power of the Member Cities. Any additional bonds,
obligations or other forms of indebtedness may not be issued by the
commission without the prior consent of the Member Cities.
3. That Article VIIT, Section 13 of the Agreement shall be renumbered as
Section 14.
4. That Article X, Section 4 of the Agreement shall be amended as follows;
Section 3. A proposed budget for the ensuing calendar year shall be
F01111ulated by the Commission and submitted to the members on or
Before December 1, 1982, and thereafter on or before August 1. Such
Budget shall be deemed approved by a member unless, prior to December
31, 1982, and thereafter prior to October 15 preceding the effective date
of the proposed budget, the member gives notice in writing to the Commission
that it is withdrawing from the Commission, subject to Article XI, Section 2
of this Agreement Final action adopting a budget for the calendar year shall
be taken by the Commission on or before December 31,1982, and thereafter
on or before November 1 or each year.
5. That Article XI, Section 2 of the Agreement shall be amended as follows:
Section 2. The Member Cities acknowledge that rranchise fees and other
Revenues derived rrom the operation of the cable communications system
(the "Revenues") shall be pledged to the bonds, obligations or other forms
of indebtedness issued to fmance the Project. So long as such indebtedness
is outstanding any Member City withdrawing fi'om the Commission shall not
be entitled to the Revenues. A member may withdraw rrom the Commission
by filing a written notice with the secretary-treasurer by October 15 of any
given year giving notice of withdrawal effective at the end of the calendar
year; and membership shall continue until the effective date of the withdrawal.
A notice of withdrawal may be rescinded at any time by a member. If a
member withdraws before the dissolution of the Commission, the member
shaIl have no claim against the assets of the Commission, except as provided
herein. A member that has withdrawn rrom the Commission may, if no
bonds, obligations or other fonus of indebtedness are outstanding upon
request, recover up to )4 of any equity that exists, as of the withdrawal date, in
real property and buildings purchased or constructed with any bonds,
obligations or other indebtedness issued by the Commission. The
Commission may ifno bonds, obligations or other indebtedness is
outstanding, at any time after the withdrawal of a member as provided for
herein, initiate a buyout of the )4 equity interest of the withdrawn member,
pursuant to the same tenus and conditions as provided in this section. The
amount of any equity distributed to a withdrawn member will be paid, without
interest, on a payment schedule established by the Commission, provided,
however, the tenu of such payment schedule shall not exceed five (5) years.
When calculating an equity repayment schedule, the Commission may deduct
the withdrawn member's )4 share of outstanding indebtedness rrom the
amount of any equity due to the withdrawn member. A withdrawing member
shaIl have no claim to the rranchise fee coIlected on its behalf for the year in
which its withdrawal is effective, except for the reimbursement of cable-
related expenses for that year. If no bonds, obligations or other fonns of
indebtedness are outstanding, for the calendar year foIlowing withdrawal, and
for all subsequent years, the rranchise fee calculated upon gross revenues
attributable to the system within the withdrawn member shall be paid by
Grantee directly to the withdrawn member.
6. This Resolution shaIl be effective immediately.
Adopted by the City Council of the City of Andover this ~ day of June ,
2001.
CITY OF ANDOVER
Attest;
~d$
Victoria Volk- City Clerk
'.
¡ A. ---'
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
ANDOVER, MINNESOTA
HELD: June 5, 2001
Pursuant to due call, a regular meeting of the City Council ofthe City of Andover,
Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 5th day of
June, 2001, at 7:00 P.M., for the purpose of considering proposals for, and awarding the sale of,
$1,210,000 General Obligation Capital Notes, Series 2001C.
The following members were present: Donald Jacobson, Julie Trude,
Michael Knight, Kenneth Orttel
and the following were absent: Mayor Mike Gamache
Member Trude introduced the following resolution and moved its adoption:
ResOlution 097-01
RESOLUTION ACCEPTING PROPOSAL ON THE SALE OF
$1,210,000 GENERAL OBLIGATION CAPITAL NOTES,
SERIES 2001C, PROVIDING FOR THEIR ISSUANCE, AND
LEVYING A TAX FOR THE PAYMENT THEREOF
A WHEREAS, the City Council of the City of Andover, Minnesota (the
"City"), has heretofore determined that it is necessary and expedient to issue $1,210,000 General
Obligation Capital Notes, Series 2001C (the "Notes" or individually, a "Note"), pursuant to
Minnesota Statutes, Chapter 475 and Section 412.301 to finance the cost of acquiring various
items of capital equipment useful for City purposes (the "Project"); and
B. WHEREAS, the Project has an expected useful life at least as long as the
final maturity of the Notes; and
C. WHEREAS, the City has retained Ehlers and Associates, Inc., in
Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the competitive
negotiated sale of the Notes, and was therefore authorized to sell the Notes by private negotiation
in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and
D. WHEREAS, proposals to purchase the Notes have been solicited by
Ehlers; and
E. WHEREAS, the 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 1 :00 P.M., this same day; and
1289S77vl
( . ~.
F. WHEREAS, it is in the best interests of the City that the Notes be issued
in book-entry fonn as hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover, Minnesota, as follows:
l. Acceptance of ProposaL The proposal of U.S. Bancorp Piper Jaffray,
Minneapolis, Minnesota (the "Purchaser"), to purchase the Notes in accordance with the tenns
established for .the Notes, at the rates of interest hereinafter set forth, and to pa.)' therefor the sum
of $1 ,200,852.50, plus interest accrued to settlement, is hereby found, detennined and declared
to be the most favorable proposal received and is hereby accepted, and the Notes are hereby
awarded to the Purchaser. The Clerk is directed to retain the deposit of the Purchaser and to
forthwith return to the unsuccessful bidders their good faith checks or drafts.
2. Note Tenns.
(a) Title; Original Issue Date; Denominations; Maturities; Tenn Bond Option.
The Notes shall be dated June 1,2001, as the date of original issue and shall be issued forthwith
on or after such date in fully registered fonn. The Notes shall be numbered from R-I upward in
the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the
"Authorized Denominations"). The Notes shall mature on February I in the years and amounts
as follows:
Year Amount
2002 $220,000
2003 230,000
2004 240,000
2005 255,000
2006 265,000
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 Note(s).
(b) Book Entry Only System. The Depository Trust Company, a limited
purpose trust company organized under the laws ofthe 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 Notes, and to this end:
(i) The Notes 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 Note for each maturity of the Notes; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized Denominations
for any Note shall be deemed to be limited during the Book Entry Only Period to the
outstanding principal amount of that Note.
1289577vl 2
· . , ' '-....
(ii) Upon initial issuance, ownership of the Notes shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE
& CO., as the nominee (it or any nominee of the existing or a successor Depository, the
"Nominee").
(iii) With respect to the Notes 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 Notes as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Notes 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 ofthe records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the
Notes, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Notes, 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 Notes, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Notes (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 Notes 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 Notes for the purpose of payment of the principal of and
premium, if any, and interest on the Notes, for the purpose of giving notices of
redemption and other matters with respect to the Notes, 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 Notes, 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
Notes only to the Holder or the Holders of the Notes 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 Notes
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.
(vi) So long as any Note is registered in the name of a Nominee, all payments
with respect to the principal of and premium, if any, and interest on such Note and all
notices with respect to such Note 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 Notes (said Letter of Representations, together with any
1289577vl 3
-----
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 Notes,
collectively hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Note 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 Notes. -
(viii) In connection with any notice or other communication to be provided to
the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any
consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Bond Registrar may establish a
special record date for such consent or other action. The City or the Bond Registrar shall,
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agency/bond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5
hereof, make a notation of the reduction in principal amount on the panel provided on the
Bond stating the amount so redeemed.
(c) Termination of Book-Entry Only System. Discontinuance ofa 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 Notes at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may terminate the
services of the Depository with respect to the Note ifit determines that the Depository is
no longer able to carry out its functions as securities depository or the continuation ofthe
system of book-entry transfers through the Depository is not in the best interests ofthe
City or the Beneficial Owners.
(ii) Upon termination of the services of the Depository as provided in the
preceding paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the City, is
willing and able to assume such functions upon reasonable or customary terms, or if the
City determines that it is in the best interests of the City or the Beneficial Owners of the
Note that the Beneficial Owners be able to obtain certificates for the Notes, the Notes
shall no longer be registered as being registered in the bond register in the name of the
1289577vl 4
, ' " ' , .-
Nominee, but may be registered in whatever name or names the Holder ofthe Notes 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 Notes will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10 hereof.
(d) Letter of Representations. The provisions in the Letter of Representations
are incorporated herein by reference and made a part of the resolution, and if and to the extent
any such provisions are inconsistent with the other provisions of this resolution, the provisions in
the Letter of Representations shall controL
3. Interest. The Notes shall bear interest payable semiannually on February I
and August I of each year (each, an "Interest Payment Date"), commencing February 1, 2002,
calculated on the basis ofa 360-day year of twelve 30-day months, at the respective rates per
annum set forth opposite the maturity years as follows:
Maturity Interest
Year Rate
2002 2.90%
2003 3.20%
2004 3.45%
2005 3.65%
2006 3.80%
4. Redemption. All Notes maturing in the year 2006 shall be subject to
redemption and prepayment at the option of the City on February 1,2005, and on any date
thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the
Notes subject to prepayment. If redemption is in part, the maturities and the principal amounts
within each maturity to be redeemed shall be determined by the City; and if only part of the
Notes having a common maturity date are called for prepayment, the specific Notes to be prepaid
shall be chosen by lot by the Bond Registrar. Notes or portions thereof called for redemption
shall be due and payable on the redemption date, and interest thereon shall cease to accrue from
and after the redemption date. Mailed notice of redemption shall be given to the paying agent
and to each affected registered holder of the Notes.
To effect a partial redemption of Notes having a common maturity date, the Bond
Registrar prior to giving notice of redemption shall assign to each Note having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Note. The
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 Notes, as many numbers as, at $5,000 for each
number, shall equal the principal amount of such Notes to be redeemed. The Notes to be
redeemed shall be the Notes to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of each such Note 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
1289577v1 5
; ,
a Note is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the
City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the
City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly
authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of such Note, without service charge, a new Note or Notes
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 ofthe Note so surrendered.
. -
5. Bond Registrar. U.S. Bank Trust National Association, in St. Paul,
Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Notes (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 Notes shall be paid to the registered
holders (or record holders) of the Notes in the manner set forth in the form of Note and
paragraph 12 of this resolution.
6. Form of Note. The Notes, together with the Bond Registrar's Certificate
of Authentication, the fonn of Assignment and the registration infonnation thereon, shall be in
substantially the following form:
1289577vl 6
UNITED STATES OF AMERICA
STATE OF MINNESOTA
ANOKA COUNTY
CITY OF ANDOVER
R- $
GENERAL OBLIGATION CAPITAL
NOTE, SERIES 200lC
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
JUNE 1,2001
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
The City of Andover, Anoka County, Minnesota (the "Issuer"), certifies that it is
indebted and for value received promises to pay to the registered owner specified above, or
registered assigns, in the manner hereinafter set forth, the principal amount specified above, on
the maturity date specified above, and to pay interest thereon semiannually on February I and
August I of each year (each, an "Interest Payment Date"), commencing February I, 2002, at the
rate per annum specified above (calculated on the basis ofa 360-day year of twelve 30-day
months) until the principal sum is paid or has been provided for. This Note 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
Note are payable upon presentation and surrender hereof at the principal office of U.S. Bank
Trust National Association, in Saint Paul, Minnesota (the "Bond Registrar"), acting as paying
agent, or any successor paying agent duly appointed by the Issuer. Interest on this Note will be
paid on each Interest Payment Date by check or draft mailed to the person in whose name this
Note is registered (the "Holder" or "Noteholder") on the registration books of the Issuer
maintained by the Bond Registrar and at the address appearing thereon at the close of business
on the fifteenth day of the calendar month next preceding such Interest Payment Date (the
"Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person
who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who
is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the
Bond Registrar whenever money becomes available for payment of the defaulted interest.
Notice of the Special Record Date shall be given to Noteholders not less than ten days prior to
the Special Record Date. The principal of and premium, if any, and interest on this Note are
payable in lawful money of the United States of America. [So long as this Note is registered
in the name ofthe Depository or its Nominee as provided in the Resolution hereinafter
described, and as those terms are defined therein, payment of principal of, premium, if
any, and interest on this Note and notice with respect thereto shall be made as provided in
the Letter of Representations, as defined in the Resolution, and surrender ofthis Bond
1289577v1 7
shall not be required for payment of the redemption price upon a partial redemption of
this Bond. Until termination of the book-entry only system pursuant to the Resolution,
Notes may only be registered in the name of the Depository or its Nominee.]'
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS NOTE SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL
FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
1T IS HEREBY CERTIFIED AND RECITED that all acts, congitions and things
required by the Constitution and laws of the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Note, have been done, have happened and
have been performed, in regular and due form, time and manner as required by law, and that this
Note, 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 Note to be executed on its behalf by the facsimile signatures of
its Mayor and its Clerk, the seal of the Issuer having been intentionally omitted as permitted by
law.
. Include only until termination of the book-entry only system under paragraph 2
hereof.
1289577vl 8
-..
, .
Date of Registration: Registrable by: U.S. BANK TRUST NATIONAL
ASSOCIATION
Payable at: U.S. BANK TRUST NATIONAL
ASSOCIATION
BOND REGISTRAR'S
CERTIFICATE OF CITY OF ANDOVER
AUTHENTICATION ANOKA COUNTY, MINNESOTA
This Note is one of the
Notes described in the
Resolution mentioned /s/ Facsimile
within. Mayor
/s/ Facsimile
Clerk
U.S. BANK TRUST NATIONAL
ASSOCIATION
St. Paul, Minnesota
Bond Registrar
By
Authorized Signature
1289577v1 9
,. .
ON REVERSE OF NOTE
Redemption. All Notes of this issue (the "Notes") maturing in the year 2006 are
subject to redemption and prepayment at the option of the Issuer on February 1,2005 and on any
date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of
the Notes subject to prepayment. If redemption is in part, the maturities and the principal
amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part
ofthe Notes haying a common maturity date are called for prepayment, the sp~ific Notes to be
prepaid shall be chosen by lot by the Bond Registrar. Notes 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 Notes.
Selection of Notes for Redemption; Partial Redemption. To effect a partial
redemption of Notes having a common maturity date, the Bond Registrar shall assign to each
Note having a common maturity date a distinctive number for each $5,000 of the principal
amount of such Note. The Bond Registrar shall then select by lot, using such method of
selection as it shall deem proper in its discretion, from the numbers assigned to the Notes, as
many numbers as, at $5,000 for each number, shall equal the principal amount of such Notes to
be redeemed. The Notes to be redeemed shall be the Notes to which were assigned numbers so
selected; provided, however, that only so much ofthe principal amount of such Note 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 Note is to be redeemed only in part, it shall be surrendered to
the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of
transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof
or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary)
and the Bond Registrar shall authenticate and deliver to the Holder of such Note, without service
charge, a new Note or Notes 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 Note so surrendered.
Issuance; Purpose; General Obligation. This Note is one of an issue in the total
principal amount of $1 ,21 0,000, all of like date of original issue and tenor, except as to number,
maturity, interest rate and denomination, issued pursuant to and in full conformity with the
Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City
Council on June 5, 2001 (the "Resolution"), for the purpose of providing funds to finance the
acquisition of various items of capital equipment useful for Issuer purposes. This Note is
payable out of the General Obligation Capital Notes, Series 200lC Fund of the Issuer. This Note
constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full
payment of its principal, premium, if any, and interest when the same become due, the full faith
and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
Denominations; Exchange; Resolution. The Notes are issuable solely in fully
registered form in Authorized Denominations (as defined in the Resolution) and are
exchangeable for fully registered Notes of other Authorized Denominations in equal aggregate
1289577vl 10
, .
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 ofthe rights and duties of the Bond Registrar. Copies of the Resolution are on
file in the principal office ofthe Bond Registrar.
Transfer. This Note is transferable by the Holder in person or by the Holder's
attorney duly authorized in writing at the principal office of the Bond Registrar upon
presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions
provided in the Resolution and to reasonable regulations of the Issuer contained in any
agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar
shall authenticate and deliver, in exchange for this Note, one or more new fully registered Notes
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 Note, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Note and any legal or unusual costs regarding transfers and lost Notes.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the
person in whose name this Note is registered as the owner hereof for the purpose of receiving
payment as herein provided (except as otherwise provided herein with respect to the Record
Date) and for all other purposes, whether or not this Note shall be overdue, and neither the Issuer
nor the Bond Registrar shall be affected by notice to the contrary.
Authentication. This Note 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.
Qualified Tax-Exempt Obligation. This Note 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.
1289577v 1 II
"j'
ABBREVIATIONS
The following abbreviations, when used in the inscription on the face of this Note, 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 110t as tenants in common -
UTMA - as custodian for
(Cust) (Minor)
under the Unifonn
(State)
Transfers to Minors Act
Additional abbreviations may also be used
though not in the above list
1289577vl 12
.", \
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Note
and does hereby irrevocably constitute and appoint attorney to transfer the
Note 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 Note 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 finn
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 Note unless the information concerning
the transferee requested below is provided.
Name and Address:
(Include infonnation for all joint owners
if the Note is held by joint account)
1289577vl 13
.", \ -,
, .
[Use only for Bonds when they are
Registered in Book Entry Only System]
PREPAYMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
AUTHORIZED
DÀTE AMOUNT SIGNATURE OF HOLDER
1289577v1 14
,,' "
7. Execution; Temporary Notes. The Notes shall be printed (or, at the
request of the Purchaser, typewritten) and shall be executed on behalf of the City by the
signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that
the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile;
and provided further that both of such signatures may be printed (or, at the request of the
Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Notes as
permitted by law. In the event of disability or resignation or other absence of either officer, the
Notes may be signed by the manual or facsimile signature of an officer who may act on behalf of
the absent or disabled officer. In case either officer whose signature or facsimile of whose
signature shall appear on the Notes shall cease to be such officer before the delivery of the Notes,
such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as
if the officer had remained in office until delivery. The City may elect to deliver, in lieu of
printed definitive notes, one or more typewritten temporary notes in substantially the form set
forth above, with such changes as may be necessary to reflect more than one maturity in a single
temporary note. Such temporary notes may be executed with photocopied facsimile signatures
ofthe Mayor and Clerk. Such temporary notes shall, upon the printing ofthe definitive notes
and the execution thereof, be exchanged therefor and canceled.
8. Authentication. No Note 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
the Note, substantially in the form hereinabove set forth, shall have been duly executed by an
authorized representative of the Bond Registrar. Certificates of Authentication on different
Notes need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Note by execution of the Certificate of Authentication
on the Note and by inserting as the date of registration in the space provided, the date on which
the Note is authenticated, except that for purposes of delivering the original Notes to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is June 1,2001. The Certificate of Authentication so executed on each Note shall be
conclusive evidence that it has been authenticated and delivered under this resolution.
9. 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 Notes and the registration of transfers of Notes entitled to be registered or
transferred as herein provided.
Upon surrender for transfer of any Note 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 8) of, and deliver, in the name ofthe designated
transferee or transferees, one or more new Notes 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 Note may be registered in blank
or in the name of "bearer" or similar designation.
At the option of the Holder, Notes may be exchanged for Notes of any Authorized
Denomination or Denominations of a like aggregate principal amount and stated maturity, upon
surrender of the Notes to be exchanged at the principal office of the Bond Registrar. Whenever
J289577vl 15
"" '" , .
any Notes 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 Notes which the
Holder making the exchange is entitled to receive.
All Notes surrendered upon any exchange or transfer provided for in this
resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as
directed by the City.
¡\ll Notes delivered in exchange for or upon transfer of Notes shall be valid
general obligations of the City evidencing the same debt, and entitled to the same benefits under
this resolution, as the Notes surrendered for such exchange or transfer.
Every Note presented or surrendered for transfer or exchange shall be duly
endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond
Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in
writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or
other governmental charge payable in connection with the transfer or exchange of any Note and
any legal or unusual costs regarding transfers and lost Notes.
Transfers shall also be subject to reasonable regulations of the City contained in
any agreement with the Bond Registrar, including regulations which permit the Bond Registrar
to close its transfer books between record dates and payment dates. The City Auditor is hereby
authorized to negotiate and execute the terms of said agreement
10. Rights Upon Transfer or Exchange. Each Note delivered upon transfer of
or in exchange for or in lieu of any other Note shall carry all the rights to interest accrued and
unpaid, and to accrue, which were carried by such other Note.
II. Interest Payment; Record Date. Interest on any Note shall be paid on each
Interest Payment Date by check or draft mailed to the person in whose name the Note is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth (15th) day of the
calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any
such interest not so timely paid shall cease to be payable to the person who is the Holder thereof
as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at
the close of business on a date (the "Special Record Date") fixed by the Bond Registrar
whenever money becomes available for payment of the defaulted interest Notice of the Special
Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior
to the Special Record Date.
12. Treatment of Registered Owner. The City and Bond Registrar may treat
the person in whose name any Note is registered as the owner of such Note 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 Note and for all other purposes whatsoever whether
or not such Note shall be overdue, and neither the City nor the Bond Registrar shall be affected
by notice to the contrary.
1289577vl 16
," I',.
13. Delivery; Application of Proceeds. The Notes when so prepared and
executed shall be delivered by the Treasurer to the Purchaser upon receipt ofthe purchase price,
and the Purchaser shalL not be obliged to see to the proper application thereof
14. Fund and Accounts. There is hereby created a special fund to be
designated the "General Obligation Capital Notes, Series 2001C Fund" (the "Fund") to be
administered and maintained by the Treasurer as a bookkeeping account separate and apart from
all other funds maintained in the official financial records of the City. The Fund shall be
maintained in the manner herein specified until all of the Notes and any other general obligation
notes hereafter made payable from the Fund and issued for the Project and the interest thereon
have been fully paid. There shall be maintained in the Fund two (2) separate accounts to be
designated the "Capital Account" and "Debt Service Account", respectively.
(a) Capital Account To the Capital Account there shall be credited the
proceeds of the sale of the Notes, less accrued interest received thereon, less any amount paid for
the Notes in excess of$I,199,500. From the Capital Account there shall be paid all costs and
expenses of acquiring the Project and all other costs incurred and to be incurred of the kind
authorized in Minnesota Statutes, Section 475.65. Moneys in the Capital Account shall be used
for no other purpose except as otherwise provided by law; provided that the proceeds of the
Notes may also be used to the extent necessary to pay interest on the Notes due prior to the
anticipated date of commencement of the collection of taxes herein levied.
(b) Debt Service Account There are hereby irrevocably appropriated and
pledged to, and there shall be credited to, the Debt Service Account: (i) all accrued interest
received upon delivery of the Notes; (ii) all funds paid for the Notes in excess of$I,199,500; (iii)
any collections of taxes herein or hereafter levied for the payment of the Notes and interest
thereon; (iv) all funds remaining in the Capital Account after completion of the Project and
payment of the costs thereof; (v) all investment eamings on funds held in the Debt Service
Account; and (vi) 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 on the Notes and any other general obligation notes
of the City hereafter issued by the City and made payable from said account as provided by law.
No portion of the proceeds of the Notes 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 Notes 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 Notes
or $100,000. To this effect, any proceeds of the Notes and any sums from time to time held in
the Capital Account or Debt Service Account (or any other City account which will be used to
pay principal or interest to become due on the notes 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
1289577vl 17
'" .",
would cause the Notes to be "federally guaranteed" within the meaning of Section I 49(b) of the
Internal Revenue Code of 1986, as amended (the "Code").
15. Tax Levy; Coverage Test. To provide moneys for payment of the
principal and interest on the 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 Tax Year of Tax
~ Collection Amount
$
SEE EXHIBIT B
The tax levies are such that if collected in full they will produce at least five
percent (5%) in excess of the amount needed to meet when due the principal and interest
payments on the Notes. The tax levies shall be irrepealable so long as any of the Notes are
outstanding and unpaid, provided that the City reserves the right and power to reduce the levies
in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3.
16. Defeasance. When all Notes have been discharged as provided in this
paragraph, all pledges, covenants and other rights granted by this resolution to the registered
holders of the Notes shall, to the extent permitted by law, cease. The City may discharge its
obligations with respect to any Notes 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 Note should not be paid when due, it may nevertheless be discharged by depositing with the
Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date
of such deposit. The City may also at any time discharge its obligations with respect to any
Notes, subject to the provisions oflaw now or hereafter authorizing and regulating such action,
by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an
escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67,
Subdivision 8, bearing interest payable at such times and at such rates and maturing on such
dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to
become due thereon to maturity date.
17. 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 Ll50-2 (the "Reimbursement Regulations") applicable to the
"reimbursement proceeds" of the Notes, 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:
1289577vl 18
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(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 of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Project, defined in the Reimbursement Regulations to include engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed 20% of the "issue price" of the Notes, and (ii) a de minimis amount of Reimbursement
Expenditures not in excess of the lesser of $ 100,000 or 5% of the proceeds of the Notes.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of
issuance of the Notes or any of the other types of expenditures described in Section 1.150-2(d)(3)
of the Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement
Regulations for each Reimbursement Expenditure shall and will be made forthwith following
(but not prior to) the issuance of the Notes and in all events within the period ending on the date
which is the later of three years after payment of the Reimbursement Expenditure or one year
after the date on which the Project to which the Reimbursement Expenditure relates is first
placed in service.
(d) Each such reimbursement allocation will be made in a writing that
evidences the City's use of Note proceeds to reimburse the Reimbursement Expenditure and, if
made within 30 days after the Notes are issued, shall be treated as made on the day the Notes are
issued.
Provided, however, that the City may take action contrary to any of the foregoing
covenants in this paragraph 17 upon receipt of an opinion of Bond Counsel for the Notes stating
in effect that such action will not impair the tax-exempt status of the Notes.
18. Continuing Disclosure. The City is the sole obligated person with respect
to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the
"Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant
to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking
(the "Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal
securities information repository ("NRMSIR") and to the appropriate state 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 information and operating data
1289577v ¡ 19
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in accordance with the Undertaking. The City reserves the right to modify from time to time the
terms of the Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR
or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the
occurrence of certain material events with respect to the Bonds in accordance with the
Undertaking.
(c) Provide or cause to be provided, in a timely manner, to CD each NRMSIR
or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial
information with respect to the City described in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this
paragraph 20 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds
and shall be enforceable on behalf of such Holders; provided that the right to enforce the
provisions of these covenants shall be limited to a right to obtain specific enforcement of the
City's obligations under the covenants.
The Mayor and Clerk of the City, or any other officer of the City authorized to act
in their place (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.
19. General Obligation Pledge. For the prompt and full payment of the
principal and interest on the Notes, as the same respectively become due, the full faith, credit and
taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt
Service Account is ever insufficient to pay all principal and interest then due on the Notes and
any other notes payable therefrom, the deficiency shall be promptly paid out of any other funds
of the City which are available for such purpose, and such other funds may be reimbursed with
or without interest from the Debt Service Account when a sufficient balance is available therein.
20. Certificate of Registration. A certified copy ofthis resolution shall be
filed in the office of the County Auditor of Anoka County, Minnesota, together with such.other
information as the Auditor shall require, and the County Auditor shall issue a certificate that the
Notes have been entered in the County Auditor's Bond Register, and that the tax levy required by
law has been filed and levied.
2L Records and Certificates. The officers of the City are hereby authorized
and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality
of the issuance of the Notes, certified copies of all proceedings and records ofthe City relating to
the Notes 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 Notes as the same appear from the books and records under their custody
and control or as otherwise known to them, and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall be deemed representations of the City as to
the facts recited therein.
1289577vI 20
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22. Negative Covenant as to Use of Note Proceeds and Proiect The City
hereby covenants not to use the proceeds of the Notes or to use the Project, or to cause or permit
them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in
such a manner as to cause the Notes to be "private activity bonds" within the meaning of
Sections 103 and 141 through 150 of the Code.
23. Tax-Exempt Status of the Notes; Rebate; Elections. 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 Notes, 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 Notes, and (3) the rebate of excess
investment earnings to the United States
The Mayor, and or Clerk-Treasurer, are hereby authorized and directed to make
such elections as to arbitrage and rebate matters relating to the Notes as they deem necessary,
appropriate or desirable in connection with the Notes, and all such elections shall be, and shall be
deemed and treated as, elections of the City.
24. Designation of Qualified Tax-Exempt Obligations. In order to qualify the
Notes 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 Notes are issued after August 7, 1986;
(b) the Notes are not "private activity bonds" as defined in Section 141 of the
Code;
(c) the City hereby designates the Notes 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 notes)
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) of the Code.
The City shall use its best efforts to comply with any federal procedural
requirements which may apply in order to effectuate the designation made by this paragraph.
25. Payment of Issuance Expenses. The City authorizes the Purchaser to
forward the amount of Note proceeds allocable to the payment of issuance expenses to U.S.
Trust Company, Minneapolis, Minnesota, on the closing date for further distribution as directed
by the City's financial advisor, Ehlers.
1289577v1 21
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26. Severability. If any section, paragraph or provision of this resolution shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this resolution.
27. 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 dujy seconded by
member Jacobson and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof: Trude, Jacobson, Knight, Orttel
and the following voted against the same: None
Whereupon the resolution was declared duly passed and adopted.
1289577vl 22
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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 held on the date
therein indicated, insofar as the minutes relate to considering proposals for, and awarding the
sale of, $1,210,000 General Obligation Capital Notes, Series 200lC of the City.
WITNESS my hand this 5th day of June, 200!.
~ t/db
City Clerk
1 289577v 1 23
,.-'"". ':. EXHIBIT A
BID TABULATION
$1,210,000 General Obligation General Obligation Capital Notes, Series 2001C
City of Andover, Minnesota
SALE: June 5, 2001
AWARD: U. S. BANCORP PIPER JAFFRAY
RATING: Standard & Poor's Credit Market Services "A" BBI: 5.28%
NET TRUE
NAME OF BIDDER RATE YEAR PRICE INTEREST INTEREST
COST RATE
U. S. BANCORP PIPER JAFFRAY 2.90% 2002 $1,200,852.50 $128,868.33 3.8696%
Minneapolis, Minnesota 3.20% 2003
WELLS FARGO BROKERAGE SERVICES, LLC 3.45% 2004
Minneapolis, Minnesota 3.65% 2005
3.80% 2006
MILLER, JOHNSON STEICHEN KINNARD 4.25% 2002-2006 $1,219,264.50 $132,756.33 3.9471%
IESTMENT SERVICES, INC.
i;linneapolis, Minnesota
DAIN RAUSCHER, INC. 3.625% 2002 $1,214,609.10 $132,522.57 3.9477%
Minneapolis, Minnesota 3.875% 2003
4.00% 2004
4.15% 2005
4.25% 2006
NIKE SECURITIES LP. 3.50% 2002-2003 $1,200,942.80 $133,044.70 3.9985%
Lisle, Illinois 3.75% 2004-2006
SALOMON SMITH BARNEY 4.00% 2002·2006 $1,206,979.55 $136,687.12 4.0944%
Chicago, Illinois
MORGAN STANLEY DEAN WITTER
Chicago, Illinois
UBSIPAINEWEBBER, INC.
Chicago, Illinois
::;IBC WORLD MARKETS
New York, New York
:RONIN & CO., INC.
Minneapolis, Minnesota
t LEADERS I N PUB L r C FIN A NeE
EHLERS 3060 Centre Pointe Drive, RoseviUe, MN 55113-1105
65I.697,8500 fax 65I.697,8555 www.ehrers-inc.com
& ASSOCIATES INC Offices in Rosevi/le, MN, Brookfield, WI and Naperville, IL
---
, .
$1,210,000 General Obligation General Obligation Capital Notes, Series 2001C
City of Andover, Minnesota l-age2
NET TRUE
NAME OF BIDDER RATE YEAR PRICE INTEREST INTEREST
COST RATE
REOFFERING YIELDS:
2002 2.90%
2003 3.20%
2004 3.45%
2005 3.65%
2006 3.80%
-1- - - - - - - - - II r-------
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Exhibit B
City of Andover, Minnesota
General Obligation Capital Notes, Series 2001C
Tax Levy Computation
Capitalized Levy
Date Principal Rate Interest P&I Interest 105%
2/1/02 220,000 2.900% 27,598.33 247,598.33 0 259,978
2/1/03 230,000 3.200% 35,017.50 265,017.50 278,268
2/JJ04 . 240,000 3.450% 27,657.50 267,657.50 - 281,040
2/1/05 255,000 3.650% 19,377.50 274,377.50 288,096
2/1/06 265,000 3.800% 10,070.00 275,070.00 288,824
TOTAL 1,210,000 119,720.83 1,329,720.83
Ehlers & Associates, Inc. 6/13/01 [Final P & Lxls]
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EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
ANDOVER,M~ESOTA
HELD: June 5, 2001
Pursuant to due call and notice thereof, a regular meeting ofthe_City Council of
the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on
Tuesday, the 5th day of June, 2001, at 7:00 P.M., for the purpose, in part, of considering
proposals for, and awarding the sale of, $4,975,000 General Obligation Permanent Improvement
Revolving Fund Bonds, Series 200IA of the City.
The following members were present: Donald Jacobson, Julie Trude,
Michael Knight, Kenneth Orttel
and the following were absent: Mayor Mike Gamache
Member Knight introduced the following resolution and moved its adoption:
RESOLUTION Acc~ty~'tfÞ~{b~t}'Š;\L ON SALE OF
$4,975,000 GENERAL OBLIGATION PERMANENT
IMPROVEMENT REVOLVING FUND BONDS, SERIES 2001A,
PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR
THE SECURITY THEREOF SPECIAL ASSESSMENTS AND NET REVENUES
A. WHEREAS, the (i) assessable public improvement projects (the
"Assessment Improvements") and (ii) the water system improvements (the "Water System
Improvements") (all of said improvements being sometimes referred to in this Resolution,
collectively, as the "Improvements"), have been duly ordered by the City of Andover, Minnesota
(the "City") and have been constructed by the City or will be constructed under contracts which
the City has or will let therefor, all pursuant to and in accordance with the applicable provisions
of Minnesota Statutes, Chapter 429 and/or Section 444.075; and
B. WHEREAS, the City has heretofore determined and' declared that it is
necessary and expedient to issue $4,975,000 General Obligation Permanent Improvement
Revolving Fund Bonds, Series 200lA (the "Bonds"), pursuant to Minnesota Statutes, Chapters
429 and 475, to finance the Improvements; and
C. WHEREAS, the Assessment Improvements and all their components have
been ordered prior to the date hereof, after a hearing thereon for which notice was given
describing the Assessment Improvements or all their components by general nature, estimated
cost, and area to be assessed; and
D. WHEREAS, the City has retained Ehlers and Associates, Inc., in
Roseville, Minnesota ("Ehlers") as its independent financial advisor for the Bonds and therefore
12lJI150\!
proposals to purchase the Bonds have been solicited by Ehlers in accordance with Minnesota
Statutes, Section 475.60, Subdivision 2(9); and
E. 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 1:00 P.M., Central Time, this same day; and
E. WHEREAS, it is in the best interests of the City that the Bonds be issued
in book-entry form as hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover,
Minnesota, as follows:
L Acceptance of Proposal. The proposal of U.S. Bancorp Piper Jaffray,
Minneapolis, Minnesota (the "Purchaser"), to purchase the Bonds (or individually, a "Bond"), in
accordance with the Terms of Proposal, at the rates of interest hereinafter set forth, and to pay
therefor the sum of $4,945, 150, plus interest accrued to settlement, is hereby found, determined
and declared to be the most favorable proposal received and is hereby accepted, and the Bonds
are hereby awarded to said proposal maker. The Clerk is directed to retain the deposit of said
proposal maker and to forthwith return to the unsuccessful proposal makers their good faith
checks or drafts.
2. Bond Terms.
(a) Title; Original Issue Date; Denominations; Maturities; Term Bond Option.
The Bonds shall be titled "General Obligation Permanent Improvement Revolving Fund Bonds,
Series 200IA", shall be dated June 1,2001, as the date of original issue and shall be issued
forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-l
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
2003 $920,000
2004 955,000
2005 990,000
2006 1,035,000
2007 1,075,000
As may be requested by the Purchaser, one or more term Bonds may be issued
having mandatory sinking fund redemption and final maturity amounts conforming to the
foregoing principal repayment schedule, and corresponding additions may be made to the
provisions of the applicable Bond(s).
(b) Book 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
[29] J50v] 2
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successors or its successors to its functions hereunder (the "Depository") will act as securities
depository for the Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book
entry form only (the "Book Entry Only Period"), shall at all times be in the form of a
separate single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized Denominations
for any Bond shall be deemed to be limited during the Book Entry Only Period to the
. outstanding principal amount of that Bond. -
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE
& CO., as the nominee (it or any nominee of the existing or a successor Depository, the
"Nominee").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall
have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds shown
on the books and records of the Participant (the "Beneficial Owner"). Without limiting
the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have
any such responsibility or obligation with respect to (A) the accuracy of the records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the
Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, however,
rely upon an omnibus proxy under which the Depository assigns its consenting or voting
rights to certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
(iv) The City and the Bond Registrar may treat as and deem the Depository to
be the absolute owner of the Bonds for the purpose of payment of the principal of and
premium, if any, and interest on the Bonds, for the purpose of giving notices of
redemption and other matters with respect to the Bonds, for the purpose of obtaining any
consent or other action to be taken by Holders for the purpose of registering transfers
with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the
Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and
all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and premium, if any, and interest on the Bonds
to the extent of the sum or sums so paid.
129] 1S0vl 3
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(v) Upon delivery by the Depository to the Bond Registrar of written notice to
the effect that the Depository has determined to substitute a neW Nominee in place of the
existing Nominee, and subject to the transfer provisions in paragraph 10 hereof,
references to the Nominee hereunder shall refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments
with respect to the principal of and premium, if any, and interest on such Bond and all
notices with respect to such Bond shall be made and given, respectively, by the Bond
Registrar or City, as the case may be, to the Depository as provided in the Letter of
Representations to the Depository required by the Depository as a condition to its acting
as book-entry Depository for the Bonds (said Letter of Representations, together with any
replacement thereof or amendment or substitute thereto, including any standard
procedures or policies referenced therein or applicable thereto respecting the procedures
and other matters relating to the Depository's role as book-entry Depository for the
Bonds, collectively hereinafter referred to as the "Letter of Representations").
(vii) All transfers of beneficial ownership interests in each Bond issued in
book-entry form shall be limited in principal amount to Authorized Denominations and
shall be effected by procedures by the Depository with the Participants for recording and
transferring the ownership of beneficial interests in such Bonds.
(viii) In connection with any notice or other communication to be provided to
the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any
consent or other action to be taken by Holders, the Depository shall consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Bond Registrar may establish a
special record date for such consent or other action. The City or the Bond Registrar shall,
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agency/bond registrar agreement, shall agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5
hereof, make a notation of the reduction in principal amount on the panel provided on the
Bond stating the amount so redeemed.
(c) Termination of Book-Entry Only System. Discontinuance of a particular
Depository's services and termination of the book-entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with
respect to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may terminate the
services of the Depository with respect to the Bond if it determines that the Depository is
1291150vl 4
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 Owm:rs.
(ii) Upon termination of the services of the Depository as provided in the
preceding paragraph, and if no substitute securities depository is willing to undertake the
functions of the Depository hereunder can be found which, in the opinion of the City, is
willing and able to assume such functions upon reasonable or customary terms, or if the
-City determines that it is in the best interests of the City or the Beneficial Owners of the
Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds
shall no longer be registered as being registered in the bond register in the name of the
Nominee, but may be registered in whatever name or names the Holder of the Bonds
shall designate at that time, in accordance with paragraph 10 hereof. To the extent that
the Beneficial Owners are designated as the transferee by the Holders, in accordance with
paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10 hereof.
(d) Letter of Representations. The provisions in the Letter of Representations
are incorporated herein by reference and made a part of the resolution, and if and to the extent
any such provisions are inconsistent with the other provisions of this resolution, the provisions in
the Letter of Representations shall controL
0 Purpose. The Bonds shall provide funds to finance the Improvements.
J. The total cost of the Improvements, which shal1 include al1 costs enumerated in Minnesota
Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on
the Improvements shal1 proceed with due diligence to completion. The City covenants that it
shall do all things and perform al1 acts required of it to assure that work on the Improvements
proceeds with due diligence to completion and that any and al1 permits and studies required
under law for the Improvements are obtained.
4. Interest The Bonds shal1 bear interest payable semiannual1y on February
I and August 1 of each year (each, an "Interest Payment Date"), commencing February 1,2002,
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 fol1ows:
1291150v] 5
Maturity Interest
Year Rate
2003 3.20%
2004 3.45%
2005 3.65%
2006 3.80%
2007 4.00%
5. Redemption. All Bonds maturing in the years 2005 to 2007, both
inclusive, shall be subject to redemption and prepayment at the option of the City on February 1,
2004, and on any date thereafter at a price of par plus accrued interest. Redemption may be in
whole or in part ofthe Bonds subject to prepayment. Ifredemption is in part, the maturities and
the principal amounts within each maturity to be redeemed shall be detennined by the City; and
if only part of the Bonds having a common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof
called for redemption shall be due and payable on the redemption date, and interest thereon shall
cease to accrue from and after the redemption date. Mailed notice of redemption shall be given
to the paying agent and to each affected registered holder of the Bonds.
To effect a partial redemption of Bonds having a common maturity date, the Bond
Registrar prior to giving notice of redemption shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The
Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in
its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for
each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so selècted; provided, however,
that only so much of the principal amount of each such Bond of a denomination of more than
$5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If
a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the
City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the
City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly
authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall
authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or
Bonds of the same series having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by such Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
6. Bond Registrar. U.S. Bank Trust National Association, in St. Paul,
Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the
"Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed,
all pursuant to any contract the City and Bond Registrar shall execute which is consistent
herewith. The Bond Registrar shall also serve as paying agent unless and until a successor
paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the
registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond
and paragraph 12 of this resolution.
1291 [50vl 6
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:
-
]291150vl 7
UNITED STATES OF AMERICA
STATE OF MINNESOTA
ANOKA COUNTY
CITY OF ANDOVER
R- $
GENERAL OBLIGATION PERMANENT IMPROVEMENT
REVOLVING FUND BOND, SERIES 200IA
INTEREST MATURITY DATE OF CUSIP
RATE DATE ORIGINAL ISSUE
JUNE 1,2001
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
KNOW ALL PERSONS BY THESE PRESENTS that the City of Andover,
Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received
promises to pay to the registered owner specified above, or registered assigns, in the manner
hereinafter set forth, the principal amount specified above, on the maturity date specified above,
unless called for earlier redemption, and to pay interest thereon semiannually on February I and
August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2002, at the
rate per annum specified above (calculated on the basis ofa 360-day year of twelve 30-day
months) until the principal sum is paid or has been provided for. This Bond will bear interest
from the most recent Interest Payment Date to which interest has been paid or, if no interest has
been paid, from the date of original issue hereof. The principal of and premium, if any, on this
Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank
Trust National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying
agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be
paid on each Interest Payment Date by check or draft mailed to the person in whose name this
Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer
maintained by the Bond Registrar and at the address appearing thereon at the close of business
on the fifteenth day of the calendar month next preceding such Interest Payment Date (the
"Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person
who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who
is the Holder hereof at the close of business on a datc (the "Special Record Date") fixed by the
Bond Registrar whenever money becomes available for payment of the defaulted interest
Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to
the Special Record Date. The principal of and premium, if any, and interest on this Bond are
payable in lawful money of the United States of America. [So long as this Bond is registered
in the name of the Depository or its Nominee as provided in the Resolution hereinafter
described, and as those terms are defined therein, payment of principal of, premium, if
any, and interest on this Bond and notice with respect thereto shall be made as provided in
1291150vl 8
the Letter of Representations, as defined in the Resolution, and surrender of this Bond
shall not be required for payment ofthe redemption price upon a partial redemption of
this Bond. Until termination of the book-entry only system pursuant to the Resolution,
Bonds may only be registered in the name of the Depository or its Nominee.(
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL
FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
-
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
required by the Constitution and laws of the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Bond, have been done, have happened and
have been performed, in regular and due form, time and manner as required by law, and that this
Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof
and the date of its issuance and delivery to the original purchaser, does not exceed any
constitutional or statutory limitation of indebtedness.
IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by
its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of
its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as
permitted by law.
, Include only until termination of the book-entry only system under paragraph 2
hereof.
12911S0vl 9
-,
Date of Registration: Registrable by: U.S. BANK TRUST NATIONAL
ASSOCIATION
Payable at: U.S. BANK TRUST NATIONAL
ASSOCIATION
BOND REGISTRAR'S CITY OF ANDOVER
CERTIFICATE OF ANOKA COUNTY, MINNESOTA
AUTHENTICATION
This Bond is one of the Bonds Isl Facsimile
described in the Resolution Mayor
mentioned within.
U.S. BANK TRUST Isl Facsimile
NATIONAL ASSOCIATION Clerk
St. Paul, Minnesota
Bond Registrar
By
Authorized Signature
1291150vl 10
, <
ON REVERSE OF BOND
Redemption. All Bonds of this issue (the "Bonds") maturing in the years 2005 to
2007, both inclusive, are subject to redemption and prepayment at the option ofthe Issuer on
February I, 2004 and on any date thereafter at a price of par plus accrued interest Redemption
may be in whole or in part of the Bonds subject to prepayment If redemption is in part, the
maturities and the principal amounts within each maturity to be redeemed shall be determined by
the Issuer; and if only part of the Bonds having a common maturity date are called for
prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar.
Bonds or portions thereof called for redemption shall be due and payable on the redemption date,
and interest thereon shall cease to accrue ITOm and after the redemption date. Mailed notice of
redemption shall be given to the paying agent and to each affected Holder of the Bonds.
Selection of Bonds for Redemption; Partial Redemption. To effect a partial
redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each
Bond having a common maturity date a distinctive number for each $5,000 of the principal
amount of such Bond. The Bond Registrar shall then select by lot, using such method of
selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as
many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to
be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so
selected; provided, however, that only so much of the principal amount of such Bond of a
denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number
assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to
the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of
transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof
or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary)
and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service
charge, a new Bond or Bonds ofthe same series having the same stated maturity and interest rate
and of any Authorized Denomination or Denominations, as requested by such Holder, in
aggregate principal amount equal to and in exchange for the unredeemed portion of the principal
of the Bond so surrendered.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total
principal amount of $4,975,000, 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 of the Issuer on June 5, 2001 (the
"Resolution"), for the purpose of providing money to finance public improvements within the
jurisdiction of the Issuer. This Bond is payable out of the Permanent Improvement Revolving
Fund 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.
Denominations; Exchange; Resolution. The Bonds are issuable solely as fully
registered bonds in Authorized Denominations (as defined in the Resolution) and are
exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate
1291150\"1 11
.'
principal amounts at the principal office of the Bond Registrar, but only in the manner and
subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution
for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on'
file in the principal office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or by his, her or its
attorney duly authorized in writing at the principal office ofthe Bond Registrar upon
presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions
provided in the Resolution and to reasonable regulations of the Issuer contained in any
agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar
shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds
in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of
an Authorized Denomination or Denominations, in aggregate principal amount equal to the
principal amount of this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the
person in whose name this Bond is registered as the owner hereof for the purpose of receiving
payment as herein provided (except as otherwise provided 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.
Qualified 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.
1291 ¡SOvl 12
, "
ABBREVIA nONS
The following abbreviations, when used in the inscription on the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship -
and not as tenants in common
UTMA - as custodian for
(Cust) (Minor)
under the Uniform
(State)
Transfers to Minors Act
Additional abbreviations may also be used
though not in the above list
]2')1 ¡SOvl 13
"
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 finn
having a membership in one of the major stock exchanges or any other "Eligible Guarantor
Institution" as defined in 17 CFR 240.17 Ad-15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the transferee requested below is provided.
Name and Address:
(Include information for all joint owners
if the Bond is held by joint account)
1291150v[ 14
..
[Use only for Bonds when they are
Registered in Book Entry Only System)
PREPAYMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
AUTHORIZED
DATE AMOUNT SIGNATURE OF HOLDER
129] [50vl 15
..
8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the
request of the Purchaser, typewritten) and shall be executed on behalf of the City by the
signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that
the seal ofthe City may be a printed (or, at the request of the Purchaser, photocopied) facsimile;
and provided further that both of such signatures may be printed (or, at the request of the
Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as
permitted by law. In the event of disability or resignation or other absence of either such officer,
the Bonds may be signed by the manual or facsimile signature ofthat officer who may act on
behalf of such absent or disabled officer. In case either such officer whose signature or facsimile
of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of
the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes,
the same as if he or she had remained in office until delivery. The City may elect to deliver, in
lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the
form set forth above, with such changes as may be necessary to reflect more than one maturity in
a single temporary bond. Such temporary bonds may be executed with photocopied facsimile
signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the
definitive bonds and the execution thereof, be exchanged therefor and canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or
be entitled to any security or benefit under this resolution unless a Certificate of Authentication
on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by
an authorized representative of the Bond Registrar. Certificates of Authentication on different
Bonds need not be signed by the same person. The Bond Registrar shall authenticate the
signatures of officers of the City on each Bond by execution of the Certificate of Authentication
on the Bond and by inserting as the date of registration in the space provided the date on which
the Bond is authenticated, except that for purposes of delivering the original Bonds to the
Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue,
which date is June 1,2001. The Certificate of Authentication so executed on each Bond shall be
conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the
principal office of the Bond Registrar a bond register in which, subject to such reasonable
regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the
registration of Bonds and the registration of transfers of Bonds entitled to be registered or
transferred as herein provided.
Upon surrender for transfer of any Bond at the principal office of the Bond
Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert
the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated
transferee or transferees, one or more new Bonds of any Authorized Denomination or
Denominations of a like aggregate principal amount, having the same stated maturity and interest
rate, as requested by the transferor; provided, however, that no Bond may be registered in blank
or in the name of "bearer" or similar designation.
At the option of the Holder, Bonds may be exchanged for Bonds of any
Authorized Denomination or Denominations of a like aggregate principal amount and stated
maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond
1291 ¡SOv! 16
..
Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if
necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and
deliver the Bonds which the Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this
resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as
directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid
general obligations 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 form satisfactory to the Bond
Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in
writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or
other governmental charge payable in connection with the transfer or exchange of any Bond and
any legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in
any agreement with the Bond Registrar, including regulations which permit the Bond Registrar
to close its transfer books between record dates and payment dates. The Clerk is hereby
authorized to negotiate and execute the terms of said agreement
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 (15th) day of the
calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any
such interest not so timely paid shall cease to be payable to the person who is the Holder thereof
as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at
the close of business on a date (the "Special Record Date") fixed by the Bond Registrar
whenever money becomes available for payment of the defaulted interest Notice of the Special
Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior
to the Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat
the person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether
or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected
by notice to the contrary.
J291150vl 17
..
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 Account. The City Council has heretofore created a Permanent
Improvement Revolving Fund pursuant to Minnesota Statutes, Section 429.091. Within the
Permanent Improvement Revolving Fund there is hereby created a special account to be
designated the "Series 200lA Debt Service Account," to be administered and maintained by the
Treasurer as bookkeeping accounts separate and apart from all other funds maintained in the
official financial records of the City. The Permanent Improvement Revolving Fund shall be
maintained in the manner as herein specified until all of the Bonds and any other obligations
made payable trom the Permanent Improvement Revolving Fund (the "Additional Bonds") and
the interest thereon and all improvements to be paid from the Permanent Improvement
Revolving Fund have been fully paid. The Revolving Fund is intended for the payment, in
whole or in part, of the costs (I) of "improvements" (as defined in Minnesota Statutes, Chapter
429) designated by the City for funding therefrom for which at least 20% ofthe costs thereof are
to be assessed against benefitted properties; (2) of water works, sewer system, or storm sewer
system improvements described in Minnesota Statutes, Section 444.075; and/or (3) of such other
improvements as may be permitted in accordance with the terms of the Subdivision (collectively,
the "Revolving Fund Improvements").
(a) Permanent Improvement Revolving Fund. To the Permanent
Improvement Revolving Fund there shall be credited the proceeds of the sale of the Bonds, less
accrued interest received thereon, and less any amount paid for the Bonds in excess of
$4,925,300, plus any special assessments levied with respect to the Improvements and special
assessments levied with respect to any Additional Improvements (as hereinafter defined). From
the Permanent Improvement Revolving Fund there shall be paid all costs and expenses of
making the Assessment Improvements and the Water System Improvements listed in paragraph
16, and such other improvements for which special assessments may be levied as the City
Council may designate (the "Additional Improvements"), including the cost of any construction
contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in
Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other
purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also
be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of
commencement of the collection of special assessments herein levied or covenanted to be levied;
and provided further that if upon completion ofthe Assessment Improvements and the Water
System Improvements or any Additional Improvements there shall remain any unexpended
balance in the Permanent Improvement Revolving Fund, the balance may be transferred by the
Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter
429, and provided further that any special assessments credited to the Permanent Improvement
Revolving Fund shall only be applied towards payment of the costs of the Improvements or
Additional Improvements upon the determination by the Finance Director that the application of
the special assessments for such purpose will not cause the City to no longer be in compliance
with Minnesota Statutes, Section 475.61, Subdivision 1. The City reserves the right granted by
Minnesota Statutes, Section 429.091, Subdivision 7 A to establish a separate construction account
within the Permanent Improvement Revolving Fund into which the City may deposit the
proceeds of the Bonds or the proceeds of Additional Bonds.
1291150vl 18
"
(b) Series 200lA Debt Service Account. There are hereby irrevocably
appropriated and pledged to, and there shall be credited to, the Series 200 I A Debt Service
Account: (i) special assessments initially credited to the Pennanent Improvement Revolving
Fund and not already spent as pennitted above and required to pay any principal and interest due
on the Bonds; (ii) all accrued interest received upon delivery of the Bonds; (iii) all funds paid for
the Bonds in excess of $4,925,300; (iv) any collections of all taxes which may hereafter be levied
in the event that the special assessments and other revenues herein pledged to the payment of the
principal and interest on the Bonds are insufficient therefore; (v) the net revenues ofthe City's
water system (as hereinafter defined, the "Net Revenues"), provided that the amounts thereof
shall not exceed amounts necessary to pay the principal of and interest on the portion of the
Bonds issued to finance the Water System Improvements ("Water System Improvement
Portion"), when due; (vi) all funds remaining in the Pennanent Improvement Revolving Fund
after completion of all Improvements and Additional Improvements and payment of the costs
thereof; (vii) all investment earnings on funds held in the Series 200lA 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 Series 200lA Debt Service Account. The Series 200lA Debt
Service Account shall be used solely to pay the principal and interest and any premiums for
redemption of the Bonds.
As used in this Resolution, the term Net Revenues means the gross revenues
derived by the City from the operation of its water system (the "System"), including all charges
for service, use, availability, and connection to the System, and all monies received from the sale
of any facilities or equipment of the System or any by-products thereof, less all normal,
reasonable, or current costs of owning, operating, and maintaining the System. If any payment
of principal or interest on the Water System Improvement Portion shall become due when there
are not sufficient funds in the 200lA Debt Service Account derived from Net Revenues to pay
the same, the City Treasurer shall pay such principal or interest from the general fund or other
available fund of the City, and such fund shall be reimbursed for such advances from the
proceeds of the Net Revenues or of any general ad valorem taxes hereafter levied for such
purpose, when collected. The City hereby covenants that it will impose and collect charges for
the service, use, and availability of and connection to the City's System at the times and in the
amounts required to produce Net Revenues adequate, together with other sources offunding
available to the 200lA Debt Service Account and properly allocable to payment of the Water
System Improvement Portion, to pay all principal of and interest on said Bonds, when due.
Nothing contained in this Resolution 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, if any such pledge or appropriation is to
be made superior to or on a parity with the pledge of the Net Revenues herein made to the Water
System Improvement Portion, the Council shall first have determined that the estimated Net
Revenues of the System will be sufficient, in addition to all other sources, for the payment of the
Water System Improvement Portion and such additional obligations.
The funds described in paragraph 15(b) above are hereby pledged to the 200lA
Debt Service Account, but only in such amounts and at such times as may be necessary, together
with the other available funds therein and available for such purposes, (and the same shall be
1291150v] 19
"-----
- "
used solely) to pay the principal of and interest on the Bonds, or allocable portions thereof, when
due, subject to the following additional conditions and limitations:
(I) Under applicable Minnesota law or City procedures, certain of the sources of
funds described above may be used or pledged only for specified purposes, and it is the
intent of the Council to abide by such restrictions and further to allocate the appropriate
revenues to pay for the funding to which the generation of those revenues relates.
Accordingly, the general dedication of revenues hereinabove to the 200 I A Debt Service
Account shall be subject to such restrictions, and such pledges are hereby limited by such
applicable provisions oflaw and City procedures, without, however, affecting in any way
the City's pledge of its full faith and credit and general ad valorem taxing powers to the
payment of all of the Bonds, when due.
(2) The Net Revenues shall be used only for the payment of the debt service on
the Water System Improvement Portion, and no other monies in the 200IA Debt Service
Account (except for any tax levies which may hereafter be made for that express purpose)
shall be used for payment thereof.
(3) The assessments from Revolving Fund Improvements (including the
Assessment Improvements) shall not be used for payment of the Water System
Improvement Portion.
No portion of the proceeds of the Bonds shall be used directly or indirectly to
acquire higher yielding investments or to replace funds which were used directly or indirectly to
acquire higher yielding investments, except (I) for a reasonable temporary period until such
proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the
above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds
or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in
the Permanent Improvement Revolving Fund or Series 200lA 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 I 49(b) of the Internal Revenue Code of
1986, as amended (the "Code").
16. Assessments. It is hereby determined that no less than one hundred
percent (100%) of the cost to the City of each Improvement financed hereunder (Woodland
Oaks, Red Pine Fields, and Chesterton Commons North 20d Addition, within the meaning of
Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be
levied against every assessable lot, piece and parcel of land benefitted by any of the
Improvements. The City hereby covenants and agrees that it will let all construction contracts
not heretofore let within one (1) year after ordering each Improvement financed hereunder unless
j-29! ISOy! 20
the resolution ordering the Improvement specifies a different time limit for the letting of
construction contracts. The City hereby further covenants and agrees that it will do and perform
as soon as they mày be done all acts and things necessary for the final and valid levy of such
special assessments, and in the event that any such assessment be at any time held invalid with
respect to any lot, piece or parcel ofland due to any error, defect, or irregularity in any action or
proceedings taken or to be taken by the City or the City Councilor any of the City officers or
employees, either in the making of the assessments or in the performance of any condition
precedent thereto, the City and the City Council will forthwith do all further acts and take all
furtherproceedings as may be required by law to make the assessments a valid-and binding lien
upon such property. The special assessments have not heretofore been authorized, and
accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special
assessments are hereby authorized. Subject to such adjustments as are required by conditions in
existence at the time the assessments are levied, the assessments are hereby authorized and it is
hereby determined that the assessments shall be payable in equal, consecutive, annual
installments, including both principal and interest at a rate per annum of approximately six
percent (6.00%):
At the time the assessments are in fact levied the City Council shall, based on the
then-current estimated collections of the assessments, make any adjustments in any ad valorem
taxes required to be levied in order to assure that the City continues to be in compliance with
Minnesota Statutes, Section 475.61, Subdivision I.
17. 105% Debt Service Coverage. It is hereby determined that the estimated
collections of special assessments relating to the Assessment Improvements and the other
revenues available to the Debt Service Account will produce at least 5% in excess of the amount
needed to meet, when due, the principal of and interest on the Bonds.
18. Defeasance. When all Bonds have been discharged as provided in this
paragraph, all pledges, covenants and other rights granted by this resolution to the registered
holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its
obligations with respect to any Bonds which are due on any date by irrevocably depositing with
the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if
any Bond should not be paid when due, it may nevertheless be discharged by depositing with the
Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date
of such deposit. The City may also discharge its obligations with respect to any prepayable
Bonds called for redemption on any date when they are prepayable according to their terms, by
depositing with the Bond Registrar on or before that date a sum sufficient for the payment
thereof in full, provided that notice of redemption thereof has been duly given. The City may
also at any time discharge its obligations with respect to any Bonds, subject to the provisions of
law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow,
with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or
securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest
payable at such times and at such rates and maturing on such dates as shall be required, without
regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if
notice of redemption as herein required has been duly provided for, to such earlier redemption
date.
129[ ISOvl 21
19. Compliance With Reimbursement Bond Regulations. The provisions of
this paragraph are intended to establish and provide for the City's compliance with United States
Treasury Regulations Section 1. I 50-2 (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 of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Project, defined in thc Reimbursement Rcgulations to includc engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement
Expenditures not in excess of the lesser of$IOO,OOO or 5% of the proceeds of the Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of
issuance of the Bonds or any of the other types of expenditures described in Section I. I 50-
2(d)(3) of the Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement
Regulations for each Reimbursement Expenditure shall and will be made forthwith following
(but not prior to) the issuance of the Bonds and in all events within the period ending on the date
which is the later of 18 months after payment of the Reimbursement Expenditure or one year
after the date on which the Project to which the Reimbursement Expenditure relates is first
placed in service, but not more than three years after the date of the Reimbursement Expenditure.
(d) Each such reimbursement allocation will be made in a writing that
evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if
made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds
are issued.
Provided, however, that the City may take action contrary to any of the foregoing
covenants in this paragraph 19 upon receipt of an opinion of its Bond Counsel for the Bonds
stating in effect that such action will not impair the tax-exempt status of the Bonds.
20. Continuing Disclosure. The City is the sole obligated person with respect
to the Bonds. The City hereby agrees, in accordance with the provisions of Rule I 5c2- I 2 (the
1291150vl 22
,-
"Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant
to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking
(the "Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal
securities information repository ("NRMSIR") and to the appropriate state information
depository ("SID"), if any, for the State of Minnesota, in each case as designated by the
Commission in accordance with the Rule, certain annual financial information and operating data
in accordance with the Undertaking. The City reserves the right to modify trom time to time the
terms of the Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR
or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the
occurrence of certain material events with respect to the Bonds in accordance with the
Undertaking.
(c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR
or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial
information with respect to the City described in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this
paragraph 20 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds
and shall be enforceable on behalf of such Holders; provided that the right to enforce the
provisions of these covenants shall be limited to a right to obtain specific enforcement of the
City's obligations under the covenants.
The Mayor and Clerk of the City, or any other officer of the City authorized to act
in their place with "Officers" are hereby authorized and directed to execute on behalf of the City
the Undertaking in substantially the form presented to the City Council subject to such
modifications thereof or additions thereto as are (i) consistent with the requirements under the
Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers.
2l. General Obligation Pledge. For the prompt and full payment of the
principal and interest on the Bonds, as the same respectively become due, the full faith, credit
and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the
Series 200lA Debt Service Account is ever insufficient to pay all principal and interest then due
on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out
of any other funds of the City which are available for such purpose, and such other funds may be
reimbursed with or without interest from the Series 200lA Debt Service Account when a
sufficient balance is available therein.
22. Certificate of Registration. The Clerk is hereby directed to file a certified
copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such
other information as he or she shall require, and to obtain the County Auditor's certificate that the
Bonds have been entered in the County Auditor's Bond Register.
23. Records and Certificates. The officers of the City are hereby authorized
and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality
1291150vl 23
· _ I'
of the issuance of the Bonds, certified copies of all proceedings and records of the City relating
to the Bonds and to the financial condition and affairs of the City, and such other affidavits,
certificates and information as are required to show the facts relating to the legality and
marketability of the Bonds as the same appear from the books and records under their custody
and control or as otherwise known to them, and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall be deemed representations of the City as to
the facts recited therein.
24. Negative Covenant as to Use of Proceeds and Improvements. The City
hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or
permit them to be used, or to enter into any deferred payment arrangements for the cost of the
Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the
meaning of Sections 103 and 141 through 150 of the Code.
25. Tax-Exempt Status ofthe Bonds; Rebate; Elections. 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 (J) 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 Mayor, and or Clerk-Treasurer, are hereby authorized and directed to make
such elections as to arbitrage and rebate matters relating to the Bonds 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 of the City.
26. Designation of Qualified 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 of the
Code;
(c) the City hereby designates the Bonds as "qualified tax-exempt
obligations" for purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount oftax-exempt obligations (other than
private activity bonds, treating qualified SOI(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 200 1 have been designated for purposes of Section 26S(b )(3) ofthe Code.
129J IjOy! 24
> . c>
The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effectuate the designation made by this paragraph.
27. Payment ofIssuance Expenses. The City authorizes the Purchaser to
forward the amount of Bond proceeds allocable to the payment of issuance expenses to U.S.
Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed
by the City's financial advisor, Ehlers.
28. Severability. If any section, paragraph or provision of this resolution shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this resolution.
29. Headings. Headings in this resolution are included for convenience 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 Jacobson and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof: Knight, Jacobson, Trude, Orttel
and the following voted against the same: None
Whereupon said resolution was declared duly passed and adopted.
1291 ¡SOv) 25
· . "
STATE OF MINNESOTA
COUNTYOFANOKA
CITY OF ANDOVER
I, the undersigned, being the duly qualified and acting Clerk of the City of
Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing
extract of minutes with the original thereof on file in my office, and that the same is a full, true
and complete transcript of the minutes of a meeting of the City Council of said City, duly called
and held on the date therein indicated, insofar as such minutes relate to considering bids for, and
awarding the competitive negotiated sale of, $4,975,000 General Obligation PeI1Uanent
Improvement Revolving Fund Bonds, Series 200lA of said City.
WITNESS my hand this 5th day of June, 200 I.
tL~.~ ./ ¡).,d,
Clerk
J 291150v J 25
. . ~.. EXHIBIT A
BID TABULATION
$4,975,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series
2001A
City of Andover, Minnesota
SALE: June 5, 2001
AWARD: U.S. BANCORP PIPER JAFFRAY
RATING: Standard & Poor's Credit Market Services "A" 88/: 5.28%
NET TRUE
NAME OF BIDDER RATE YEAR PRICE INTEREST INTEREST
COST RATE
U.S. BANCORP PIPER JAFFRAY 3.20% 2003 $4,945,150.00 $726,478.33 3.9061%
Minneapolis, Minnesota 3.45% 2004
WELLS FARGO BROKERAGE SERVICES, LLC 3.65% 2005
Minneapolis, Minnesota 3.80% 2006
4.00% 2007
~LER, JOHNSON STEICHEN KINNARD 4.25% 2003-2007 $5,017,513.15 $749,332.68 3.9969%
INVESTMENT SERVICES, INC.
Minneapolis, Minnesota
DAIN RAUSCHER, INC. 3.875% 2003 $4,997,557.45 $762,679.22 4.0744%
Minneapolis, Minnesota 4.00% 2004
4.15% 2005
4.25% 2006
4.40% 2007
SALOMON SMITH BARNEY 4.00% 2003-2007 $4,959,418.80 $760,847.87 4.0893%
Chicago, Illinois
MORGAN STANLEY DEAN WITTER
Chicago, Illinois
UBSIPAINEWEBBER, INC.
Chicago, Illinois
CIBC WORLD MARKETS
New York, New York
CRONIN & CO., INC.
Minneapolis, Minnesota
. LEADERS I N PUB l I C FINANCE
EHLERS 3060 Centre Pointe Drive, RosevH!e, MN 55113-1105
651.697.8500 fax 651.697.8555 www.ehlers-inc.com
& ASSOCIATES !NC Offices in Roseville, MN, Brookfìeld, WI and Napervì/le, IL
- ---
~
'-,- "
$4,975,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2001A
City of Andover, Minnesota Page 2
NET TRUE
NAME OF BIDDER RATE YEAR PRICE INTEREST INTEREST
COST RATE
REOFFERING YIELDS:
2003 3.20%
2004 3.45%
2005 3.65%
2006 3.80%
2007 4.00%
II I ---- - ----
· - --. "
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF
ANDOVER, MINNESOTA
HELD: June 5, 2001
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, June
5,2001, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the
competitive negotiated sale of, $2,755,000 General Obligation State Aid Street Bonds, Series
200lB ofthe City.
The following members were present: Donald Jacobson, Julie Trude,
Michael Knight, Kenneth Orttel
and the following were absent: Mayor Mike Gamache
The Council then proceeded to consider and discuss the proposals, after which
member Jacobson introduced the following resolution and moved its adoption:
Resolution 095-01
RESOLUTION ACCEPTING PROPOSAL ON THE
SALE OF $2,755,000 GENERAL OBLIGATION STATE AID STREET BONDS,
SERIES 200lB, PROVIDING FOR THEIR ISSUANCE AND
PLEDGING REVENUES FOR THE PAYMENT THEREOF
A WHEREAS, the City Council ofthe City of Andover, Minnesota (the
"City"), has heretofore determined and declared that it is necessary and expedient to issue
$2,755,000 General Obligation State Aid Street Bonds, Series 200lE (the "Bonds" or
individually, a "Bond") of the City, pursuant to Minnesota Statutes, Chapters 162 and 475, to
finance the costs associated with state aid street projects, consisting of the establishment,
location, relocation, construction, reconstruction and/or improvement of Andover Boulevard
which is a state aid street in the City (the "Improvements"); and
B. WHEREAS, the Improvements and all their components have been
ordered prior to the date hereof, and have been or will be constructed by the City under contracts
which the City has or will let, all pursuant to and in accordance with the applicable provisions of
Minnesota Statutes, Chapter 162; and
C. WHEREAS, the City has retained Ehlers and Associates, Inc., in
Roseville, Minnesota ("Ehlers"), as its independent financial advisor for the competitive
negotiated sale of the Bonds, and was therefore authorized to sell the Bonds by private
negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and
1292938vl
"
D. WHEREAS, proposals to purchase the Bonds have been solicited by
Ehlers; and
E. WHEREAS, the 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 1 :00 P.M., this same day; and
F. WHEREAS, it is in the best interests of the City that the Bonds be issued
in book -entry form as hereinafter provided; and
.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover,
Minnesota, as follows:
L Acceptance of ProposaL The proposal of U.S. Bancorp Piper Jaffray,
Minneapolis, Minnesota (the "Purchaser"), to purchase the Bonds, in accordance with the Terms
of Proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of
$2,722,424.40, plus interest accrued to settlement, is hereby found, determined and declared to
be the most favorable proposal received and is hereby accepted, and the Bonds are hereby
awarded to the Purchaser. The City Clerk is directed to retain the deposit ofthe Purchaser and to
forthwith return to the unsuccessful bidders their good faith checks and drafts.
2. Bond Terms.
(a) Title; Original Issue Date; Denominations; Maturities. The Bonds shall be
dated June 1,2001, as the date of original issue and shall be issued forthwith on or after such
date as fully registered bonds. The Bonds shall be numbered from R-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
2002 $160,000
2003 125,000
2004 130,000
2005 135,000
2006 140,000
2007 150,000
2008 155,000
2009 160,000
2010 170,000
2011 175,000
2012 185,000
2013 195,000
2014 200,000
2015 215,000
2016 225,000
2017 235,000
1292938vl 2
,
All dates are inclusive.
As may be requested by the Purchaser, one or more term Bonds may be issued
having mandatory sinking fund redemption and final maturity amounts conforming to the
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 ofthe State of New York or any of its
successors or its successors to its functions hereunder (the "Depository") will act as securities
depository for the Bonds, and to this end:
(i) The Bonds shall be initially issued and, so long as they remain in book
entry form only (the "Book Entry Only Period"), shall at all times be in the form of a
separate single fully registered Bond for each maturity of the Bonds; and for purposes of
complying with this requirement under paragraphs 5 and 10 Authorized Denominations
for any Bond shall be deemed to be limited during the Book Entry Only Period to the
outstanding principal amount of that Bond.
(ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond
register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE
& CO., as the nominee (it or any nominee ofthe existing or a successor Depository, the
"Nominee").
(iii) With respect to the Bonds neither the City nor the Bond Registrar shall
have any responsibility or obligation to any broker, dealer, bank, or any other financial
institution for which the Depository holds Bonds as securities depository (the
"Participant") or the person for which a Participant holds an interest in the Bonds shown
on the books and records of the Participant (the "Beneficial Owner"). Without limiting
the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have
any such responsibility or obligation with respect to (A) the accuracy of the records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the
Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, however,
rely upon an omnibus proxy under which the Depository assigns its consenting or voting
rights to certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
(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
1292938v1 3
redemption and other matters with respect to the Bonds, for the purpose of obtaining any
consent or other action to be taken by Holders for the purpose of registering transfers
with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as
paying agent hereunder, shall pay all principal of and premium, if any, and interest on the
Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and
all such payments shall be valid and effective to fully satisfy and discharge the City's
obligations with respect to the principal of and premium, if any, and interest on the Bonds
to the extent ofthe sum or sums so paid.
. -
(v) Upon delivery by the Depository to the Bond Registrar of written notice to
the effect that the Depository has determined to substitute a new Nominee in place of the
existing Nominee, and subject to the transfer provisions in paragraph 10 hereof,
references to the Nominee hereunder shaH refer to such new Nominee.
(vi) So long as any Bond is registered in the name of a Nominee, all payments
with respect to the principal of and premium, if any, and interest on such Bond and aH
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, coHectively hereinafter referred to as the "Letter of Representations").
(vii) AH transfers of beneficial ownership interests in each Bond issued in
book-entry form shaH 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 shaH consider the date of
receipt of notice requesting such consent or other action as the record date for such
consent or other action; provided, that the City or the Bond Registrar may establish a
special record date for such consent or other action. The City or the Bond Registrar shall,
to the extent possible, give the Depository notice of such special record date not less than
15 calendar days in advance of such special record date to the extent possible.
(ix) Any successor Bond Registrar in its written acceptance of its duties under
this Resolution and any paying agency/bond registrar agreement, shaH agree to take any
actions necessary from time to time to comply with the requirements of the Letter of
Representations.
(x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of
surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5
1292938vl 4
hereof, make a notation of the reduction in principal amount on the panel provided on the
Bond stating the amount so redeemed.
(c) Termination of Book-Entry Only System. Discontinuance of a particular
Depository's services and termination ofthe book-entry only system may be effected as follows:
(i) The Depository may determine to discontinue providing its services with
respect to the Bonds at any time by giving written notice to the City and discharging its
responsibilities with respect thereto under applicable law. The City may terminate the
services of the Depository with respect to the Bond if it determines that the Depository is
no longer able to carry out its functions as securities depository or the continuation of the
system of book-entry transfers through the Depository is not in the best interests of the
City or the Beneficial Owners.
(ii) Upon termination ofthe 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 ofthe City, is
willing and able to assume such functions upon reasonable or customary terms, or if the
City determines that it is in the best interests of the City or the Beneficial Owners of the
Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds
shall no longer be registered as being registered in the bond register in the name of the
Nominee, but may be registered in whatever name or names the Holder of the Bonds
shall designate at that time, in accordance with paragraph 11 hereof. To the extent that
the Beneficial Owners are designated as the transferee by the Holders, in accordance with
paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners.
(iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of
paragraph 10 hereof.
(d) Letter of Representations. The provisions in the Letter of Representations
are incorporated herein by reference and made a part of the resolution, and if and to the extent
any such provisions are inconsistent with the other provisions ofthis resolution, the provisions in
the Letter of Representations shall controL
3. Purpose. The Bonds shall provide funds to finance the Improvements.
The total cost of the Improvements, which shall include all costs enumerated in Minnesota
Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on
the Improvements shall proceed with due diligence to completion. The City covenants that it
shall do all things and perform all acts required of it to assure that work on the Improvements
proceeds with due diligence to completion and that any and all permits and studies required
under law for the Improvements are obtained. The average annual amount of principal and
interest due in all subsequent calendar years on the Bonds and on all other bonds (if any) payable
from the City's account in the Municipal State-Aid Street Fund ($243,297) does not exceed 50%
of the amount of the last annual allotment preceding the issuance ofthe Bonds received by the
City from the Municipal State-Aid Street Fund Construction Account ($555,796).
1292938v1 5
4. Interest. The Bonds shall bear interest payable semiannually on February
I and August I of each year (each, an "Interest Payment Date"), commencing February 1,2002,
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
2002 2.90% 2010 4.30% -
2003 3.20% 2011 4.40%
2004 3.45% 2012 4.50%
2005 3.65% 2013 4.65%
2006 3.80% 2014 4.75%
2007 4.00% 2015 4.80%
2008 4.10% 2016 5.00%
2009 4.20% 2017 5.00%
5. Redemption. All Bonds maturing in the years 2011 to 2017, both
inclusive, shall be subject to redemption and prepayment at the option of the City on February I,
20 I 0, and on any date thereafter at a price of par plus accrued interest Redemption may be in
whole or in part of the Bonds subject to prepayment If redemption is in part, the maturities and
the principal amounts within each maturity to be redeemed shall be detennined by the City; and
if only part of the Bonds having a common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof
called for redemption shall be due and payable on the redemption date, and interest thereon shall
cease to accrue from and after the redemption date. Mailed notice of redemption shall be given
to the paying agent and to each affected registered holder of the Bonds.
To effect a partial redemption of Bonds having a common maturity date, the Bond
Registrar prior to giving notice of redemption shall assign to each Bond having a common
maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The
Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in
its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for
each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be
redeemed shall be the Bonds to which were assigned numbers so selected; provided, however,
that only so much of the principal amount of each such Bond ofa denomination of more than
$5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If
a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the
City or Bond Registrar so requires, a written instrument of transfer in fonn 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 the Bond, without service charge, a new Bond or Bonds
having the same stated maturity and interest rate and of any Authorized Denomination or
Denominations, as requested by the Holder, in aggregate principal amount equal to and in
exchange for the unredeemed portion of the principal of the Bond so surrendered.
1292938vl 6
6. Bond Registrar. U.S. Bank Trust National Association, in St. Paul,
Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the
"Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed,
all pursuant to any contract the City and Bond Registrar shall execute which is consistent
herewith. The Bond Registrar shall also serve as paying agent unless and until a successor
paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the
registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond
and paragraph 12 of this resolution.
7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate
of Authentication, the form of Assignment and the registration information thereon, shall be in
substantially the following form:
1292938v 1 7
UNITED STATES OF AMERICA
STATE OF MINNESOTA
ANOKA COUNTY
CITY OF ANDOVER
R- $
GE~ERAL OBLIGATION STATE AID STREET BOND, SERIE§.2001B
INTEREST MATURITY DATE OF
RATE DATE ORIGINAL ISSUE CUSIP
June 1,2001
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS
The City of Andover, Anoka County, Minnesota (the "Issuer"), certifies that it is
indebted and for value received promises to pay to the registered owner specified above, or
registered assigns, in the manner hereinafter set forth, the principal amount specified above, on
the maturity date specified above, unless called for earlier redemption, and to pay interest
thereon semiannually on February I and August I of each year (each, an "Interest Payment
Date"), commencing February 1,2002, at the rate per annum specified above (calculated on the
basis ofa 360-day year of twelve 30-day months) until the principal sum is paid or has been
provided for. This Bond will bear interest ITom the most recent Interest Payment Date to which
interest has been paid or, if no interest has been paid, ITom the date of original issue hereof. The
principal of and premium, if any, on this Bond are payable upon presentation and surrender
hereof at the principal office of U.S. Bank Trust National Association, in St. Paul, Minnesota
(the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by
the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft
mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on
the registration books of the Issuer maintained by the Bond Registrar and at the address
appearing thereon at the close of business on the fifteenth day of the calendar month next
preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely
paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record
Date, and shall be payable to the person who is the Holder hereof at the close of business on a
date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes
available for payment of the defaulted interest. Notice of the Special Record Date shall be given
to Bondholders not less than ten days prior to the Special Record Date. The principal of and
premium, if any, and interest on this Bond are payable in lawful money 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 terms are defined therein,
payment of principal of, premium, if any, and interest on this Bond and notice with respect
thereto shall be made as provided in the Letter of Representations, as defined in the
1292938vl 8
Resolution, and surrender of this Bond shan not be required for payment ofthe
redemption price upon a partial redemption of this Bond. Until termination of the book-
entry only system pursuant to the Resolution, Bonds may only be registered in the name of
the Depository or its Nominee.)'
REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF
THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL
FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE.
IT IS HEREBY CERTIFIED AND RECITED that an acts, conditions and things
required by the Constitution and laws of the State of Minnesota to be done, to happen and to be
performed, precedent to and in the issuance of this Bond, have been done, have happened and
have been performed, in regular and due form, time and manner as required by law, and that this
Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof
and the date of its issuance and delivery to the original purchaser, does not exceed any
constitutional or statutory limitation of indebtedness.
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 ofthe Issuer having been intentionally omitted as
permitted by law.
. Include only until termination of the book-entry only system under paragraph 2
hereof.
1292938v I 9
Date of Registration: Registrable by: U.S. BANK TRUST
NATIONAL ASSOCIATION
Payable at: U.s. BANK TRUST
NATIONAL ASSOCIATION
BOND REGISTRAR'S CITY OF ANDOVER,
CERTIFiCATE QF ANOKA COUNTY, -
AUTHENTICATION MINNESOTA
This Bond is one of the
Bonds described in the Isl Facsimile
Resolution mentioned Mayor
within.
Is! Facsimile
Clerk
U.S. BANK TRUST NATIONAL
ASSOCIATION,
St Paul, Minnesota
Bond Registrar
By
Authorized Signature
1292938vl 10
ON REVERSE OF BOND
Redemption. All Bonds of this issue (the "Bonds") maturing in the years 2011 to
2017, both inclusive, are subject to redemption and prepayment at the option ofthe Issuer on
February 1,2010, and on any date thereafter at a price of par plus accrued interest Redemption
may be in whole or in part of the Bonds subject to prepayment If redemption is in part, the
maturities and the principal amounts within each maturity to be redeemed shall be determined by
the Issuer; and if only part of the Bonds having a common maturity date are called for
prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar.
Bonds or portions thereof called for redemption shall be due and payable on the redemption date,
and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of
redemption shall be given to the paying agent and to each affected Holder of the Bonds.
Selection of Bonds for Redemption; Partial Redemption. To effect a partial
redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each
Bond having a common maturity date a distinctive number for each $5,000 of the principal
amount of such Bond. The Bond Registrar shall then select by lot, using such method of
selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as
many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to
be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so
selected; provided, however, that only so much 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 the Bond, without service
charge, a new Bond or Bonds having the same stated maturity and interest rate and of any
Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal
amount equal to and in exchange for the unredeemed portion of the principal of the Bond so
surrendered.
Issuance; Purpose; General Obligation. This Bond is one of an issue in the total
principal amount of $2,755,000, 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 of the Issuer on June 5, 2001 (the
"Resolution"), for the purpose of providing money to finance certain costs of establishing,
locating, relocating, constructing, reconstructing and/or otherwise improving municipal state aid
streets within the Issuer. This Bond is payable out of the General Obligation State Aid Street
Bonds, Series 2001B 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.
1292938vl 11
Denominations; Exchange; Resolution. The Bonds are issuable solely in fully
registered form in Authorized Denominations (as defined in the Resolution) and are
exchangeable 'for fully registered Bonds of other Authorized Denominations in equal aggregate
principal amounts at the principal office ofthe 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.
;:J'ransfer. This Bond is transferable by the Holder in person or.þy the Holder's
attorney duly authorized in writing at the principal office of the Bond Registrar upon
presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions
provided in the Resolution and to reasonable regulations of the Issuer contained in any
agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar
shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds
in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of
an Authorized Denomination or Denominations, in aggregate principal amount equal to the
principal amount of this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum
sufficient to cover any tax or other governmental charge payable in connection with the transfer
or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Registered Owners. The Issuer and Bond Registrar may treat the
person in whose name this Bond is registered as the owner hereof for the purpose of receiving
payment as herein provided (except as otherwise provided herein with respect to the Record
Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the
Issuer nor the Bond Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any
purpose or be entitled to any security unless the Certificate of Authentication hereon shall have
been executed by the Bond Registrar.
Qualified 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.
1292938v1 12
ABBREvrA TrONS
The following abbreviations, when used in the inscription on:the face of this Bond, shall
be construed as though they were written out in full according to applicable laws or regulations:
TEN COM - as tenants in common
TEN ENT - as tenants by the entireties
JT TEN - as joint tenants with right of survivorship
and not as tenants in common
UTMA - as custodian for
(Cust) (Minor)
under the Uniform
(State)
Transfers to Minors Act
Additional abbreviations may also be used though not in the above list.
I 292938v I 13
, ' ,
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 ofthe 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 240.1 7 Ad-15(a)(2).
The Bond Registrar will not effect transfer of this Bond unless the information
concerning the transferee requested below is provided.
Name and Address:
(Include information for all joint owners if the Bond is held by joint account.)
129293 8v 1 14
[Use only for Bonds when they are
Registered in Book Entry Only System]
PREPAYMENT SCHEDULE
This Bond has been prepaid in part on the date(s) and in the amount(s) as follows:
AUTHORIZED SIGNATURE
DATE AMOUNT OF HOLDER
1292938v1 15
, ,
8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the
request of the Purchaser, typewritten) and shall be executed on behalf of the City by the
signatures of its Mayor and Clerk and be sealed with the seal ofthe 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 officer, the
Bonds may be signed by the manual or facsimile signature of an officer who may act on behalf
ofthe absent or disabled officer. In case either 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, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the
same as if the officer 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 canceled.
9. Authentication. No Bond shall be valid or obligatory for any purpose or
be entitled to any security or benefit under this resolution unless a Certificate of Authentication
on the 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 1,2001. The Certificate of Authentication so executed on each Bond shall be
conclusive evidence that it has been authenticated and delivered under this resolution.
10. Registration; Transfer; Exchange. The City will cause to be kept at the
principal office of the Bond Registrar a bond register in which, subject to such reasonable
regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the
registration of Bonds and the registration of transfers of Bonds entitled to be registered or
transferred as herein provided.
Upon surrender for transfer of any Bond at the principal office of the Bond
Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert
the date ofregistration (as provided in paragraph 9) of, and deliver, in the name ofthe 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
1292938v1 16
, ,
maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond
Registrar. Whenever any Bonds are so surrendered for exchange, the City shaU execute (if
necessary), and the Bond Registrar shall authenticate,: insert the date of registration of, and
deliver the Bonds which the Holder making the exchange is entitled to receive.
All Bonds surrendered upon any exchange or transfer provided for in this
resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as
directed by the City.
All Bonds delivered in exchange for or upon transfer of Bonds shall be valid
general obligations of the City evidencing the same debt, and entitled to the same benefits under
this resolution, as the Bonds surrendered for such exchange or transfer.
Every Bond presented or surrendered for transfer or exchange shall be duly
endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond
Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in
writing.
The Bond Registrar may require payment of a sum sufficient to cover any tax or
other governmental charge payable in connection with the transfer or exchange of any Bond and
any legal or unusual costs regarding transfers and lost Bonds.
Transfers shall also be subject to reasonable regulations of the City contained in
any agreement with the Bond Registrar, including regulations which permit the Bond Registrar
to close its transfer books between record dates and payment dates. The Clerk is hereby
authorized to negotiate and execute the terms of said agreement
II. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of
or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and
unpaid, and to accrue, which were carried by such other Bond.
12. Interest Payment; Record Date. Interest on any Bond shall be paid on
each Interest Payment Date by check or draft mailed to the person in whose name the Bond is
registered (the "Holder") on the registration books of the City maintained by the Bond Registrar
and at the address appearing thereon at the close of business on the fifteenth (15th) day of the
calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any
such interest not so timely paid shall cease to be payable to the person who is the Holder thereof
as of the Regular Record Date, and shaU 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 ofthe defaulted interest Notice of the Special
Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior
to the Special Record Date.
13. Treatment of Registered Owner. The City and Bond Registrar may treat
the person in whose name any Bond is registered as the owner of such Bond for the purpose of
receiving payment of principal of and premium, if any, and interest (subject to the payment
provisions in paragraph 12 above) on, such Bond and for aU other purposes whatsoever whether
1292938vl 17
, ,
or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected
by notice to the contrary.
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.
IS. Fund and Accounts. There is hereby created a special fund to be
designated the ;General Obligation State Aid Street Bonds, Series 2001B Fund" (the "Fund") to
be administered and maintained by the Treasurer as a bookkeeping account separate and apart
.trom all other funds maintained in the official financial records of the City. The Fund shall be
maintained in the manner herein specified until all of the Bonds and the interest thereon have
been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be
designated the "Construction Account" and "Debt Service Account", respectively.
(a) Construction Account To the Construction Account there shall be
credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less
any amount paid for the Bonds in excess of$2,717,000. From the Construction Account there
shall be paid all costs and expenses of making the Improvements listed in paragraph 16,
including the cost of any construction contracts heretofore let and all other costs incurred and to
be incurred ofthe kind authorized in Minnesota Statutes, Section 475.65. The moneys in the
Construction Account shall be used for no other purpose except as otherwise provided by law;
provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest
on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein
levied or covenanted to be levied; and provided further that if upon completion of the
Improvements there shall remain any unexpended balance in the Construction Account, the
balance shall be transferred to the Debt Service Account or may be used for additional state aid
street improvements or for such other public and eligible purpose authorized by the Council
pursuant to applicable law.
(b) Debt Service Account. There are hereby irrevocably appropriated and
pledged to, and there shall be credited to, the Debt Service Account an amount of moneys
allotted or to be allotted to the City from its account in the Municipal State-Aid Street Fund
sufficient to pay the principal of and interest on the Bonds, when due. Upon receipt from the
Commissioner of Finance of the annual amount of money needed for payment of principal and
interest due each year, the allotment shall be deposited in the Debt Service Account. There are
also hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt
Service Account: (i) accrued interest received upon delivery of the Bonds; (ii) all funds paid for
the Bonds in excess of$2,717,000; (iii) any collections of all taxes herein or hereafter levied for
the payment of the Bonds and interest thereon; (iv) all funds remaining in the Construction
Account after completion of the Improvements and payment of the costs thereof; (v) all
investment earnings on funds held in the Debt Service Account; and (vi) 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
1292938vl 18
, ,
bonds of the City hereafter issued by the City and made payable from the Debt Service Account
as provided by law.
No portion of the proceeds of the Bonds shall be used directly or indirectly to
acquire higher yielding investments or to replace funds which were used directly or indirectly to
acquire higher yielding investments, except (I) for a reasonable temporary period until such
proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the
above in an amount not greater than the lesser of five percent (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 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 the
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. Certification to Commissioner. Upon the sale of the Bonds an officer of
the City shall promptly certify to the Commissioner of Transportation, State of Minnesota, the
amount of money required annually for the payment of principal and interest on the Bonds, all in
accordance with Minnesota Statutes, Section 162.18.
17. Expenditure Consistent with Minnesota Statutes Chapter 162. Proceeds of
the Bonds shall be spent only in accordance with the provisions of law and the rules and
regulations of the Commissioner of Transportation relating to the establishment, location,
relocation, construction, reconstruction and/or improvement of municipal state aid streets within
the City. The City shall comply with the requirements of Minnesota Statutes, Chapter 162, in
making the Improvements.
18. 105% Debt Service Coverage. It is hereby determined and reasonably
anticipated that the estimated collections of the revenues available to the Debt Service Account
will produce at least 5% in excess of the amount needed to meet, when due, the principal of and
interest on the Bonds.
19. Defeasance. When all Bonds have been discharged as provided in this
paragraph, all pledges, covenants and other rights granted by this resolution to the Holders of the
Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with
respect to any Bonds which are due on any date by irrevocably depositing with the Bond
Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond
should not be paid when due, it may nevertheless be discharged by depositing with the Bond
Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such
deposit The City may also discharge its obligations with respect to any prepayable Bonds called
for redemption on any date when they are prepayable according to their terms, by depositing
1292938vl 19
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.
20. 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") app1icable 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 of the City and the
general functional purpose thereof from which the Reimbursement Expenditure was to be paid
(collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be
issued by the City for the purpose of financing the Project; provided, however, that no such
Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for
the Project, defined in the Reimbursement Regulations to include engineering or architectural,
surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not
exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement
Expenditures not in excess of the lesser of$IOO,OOO or 5% of the proceeds of the Bonds.
(b) Each Reimbursement Expenditure is a capital expenditure or a cost of
issuance of the Bonds or any of the other types of expenditures described in Section 1.150-
2(d)(3) of the Reimbursement Regulations.
(c) The "reimbursement allocation" described in the Reimbursement
Regulations for each Reimbursement Expenditure shall and will be made forthwith following
(but not prior to) the issuance of the Bonds and in all events within the period ending on the date
which is the later of three years after payment of the Reimbursement Expenditure or one year
after the date on which the Project to which the Reimbursement Expenditure relates is first
placed in service.
1292938vl 20
(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 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.
21. Continuing Disclosure. The City is the sole obligated person with respect
to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the
"Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant
to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking
(the "Undertaking") hereinafter described to:
(a) Provide or cause to be provided to each nationally recognized municipal
securities information repository ("NRMSIR") and to the appropriate state information
depository ("SID"), if any, for the State of Minnesota, in each case as designated by the
Commission in accordance with the Rule, certain annual financial information and operating data
in accordance with the Undertaking. The City reserves the right to modifY from time to time the
terms of the Undertaking as provided therein.
(b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR
or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the
occurrence of certain material events with respect to the Bonds in accordance with the
Undertaking.
(c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR
or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial
information with respect to the City described in the Undertaking.
(d) The City agrees that its covenants pursuant to the Rule set forth in this
paragraph 20 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds
and shall be enforceable on behalf of such Holders; provided that the right to enforce the
provisions ofthese 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.
22. General Obligation Pledge. For the prompt and full payment ofthe
principal and interest on the Bonds, as the same respectively become due, the full faith, credit
and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the
Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds
1292938vl 21
,
and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other
funds of the City which are available for such purpose, and such other funds may be reimbursed
with or without interest from the Debt Service Account when a sufficient balance is available
therein.
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
certifißate that the Bonds have been entered in the County Auditor's Bond Register.
24. Records and Certificates. The officers of the City are hereby authorized
and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality
of the issuance of the Bonds, certified copies of all proceedings and records of the City relating
to the Bonds and to the financial condition and affairs of the City, and such other affidavits,
certificates and information as are required to show the facts relating to the legality and
marketability of the Bonds as the same appear from the books and records under their custody
and control or as otherwise known to them, and all such certified copies, certificates and
affidavits, including any heretofore furnished, shall be deemed representations of the City as to
the facts recited therein.
25. Negative Covenant as to Use of Bond Proceeds and Improvements. The
City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to
cause or permit them to be used, or to enter into any deferred payment arrangements for the cost
of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds"
within the meaning of Sections 103 and 14 I through 150 of the Code.
26. Tax-Exempt Status of the Bonds; Rebate; Elections. 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 (l) 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)(l) of
the Regulations. If any elections are available now or hereafter with respect to arbitrage or
rebate matters relating to the Bonds, the Mayor, Clerk, or either of them, 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 of the City.
27. Designation of Qualified 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;
I292938vl 22
(b) the Bonds are not "private activity bonds" as defined in Section 141 of the
Code;
(c) the City hereby designates the Bonds as "qualified tax-exempt
obligations" for purposes of Section 265(b)(3) of the Code;
(d) the reasonably anticipated amount of tax-exempt obligations (other than
private activity bonds, treating qualified 501 (c)(3) bonds as not being private activity bonds)
which will be issued by the City (and all entities treated as one issuer with the City, and all
subordinate entities whose obligations are treated as issued by the City) during this calendar year
2001 will not exceed $10,000,000; and
(e) not more than $ I 0,000,000 of obligations issued by the City during this
calendar year 2001 have been designated for purposes of Section 265(b )(3) of the Code.
The City shall use its best efforts to comply with any federal procedural requirements which may
apply in order to effecuate the designation made by this paragraph.
28. Payment ofIssuance Expenses. The City authorizes the Purchaser to
forward the amount of Bond proceeds allocable to the payment of issuance expenses to U.S.
Trust Company, Minneapolis, Minnesota on the closing date for further distribution as directed
by the City's financial advisor, Ehlers.
29. Severability. If any section, paragraph or provision of this resolution shall
be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph or provision shall not affect any of the remaining provisions of this resolution.
30. Headings. Headings in this resolution are included for convenience of
reference only and are not a part hereof, and shall not limit or define the meaning of any
provision hereof
The motion for the adoption of the foregoing resolution was duly seconded by
member Knight and, after a full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof: Jacobson, Knight, Trude, Orttel
and the following voted against the same: None
Whereupon the resolution was declared duly passed and adopted.
1292938vl 23
EXHIBIT A
BID TABULATION
$2,755,000 General Obligation State Aid Street Bonds, Series 2001B
City of Andover, Minnesota
SALE: June 5, 2001
AWARD: U.S. BANCORP PIPER JAFFRAY
RATING: Standard & Poor's Credit Market Services "A" BBI: 5.28%
NET TRUE
NAME OF BIDDER RATE YEAR PRICE INTEREST INTEREST
COST RATE
U.S. BANCORP PIPER JAFFRA Y 2.90% 2002 $2,722,424.40 $1,167,907.27 4.7161%
Minneapolis, Minnesota 3.20% 2003
WELLS FARGO BROKERAGE 3.45% 2004
SERVICE, LLC 3.65% 2005
Minneapolis, Minnesota 3.80% 2006
4.00% 2007
4.10% 2008
4.20% 2009
4.30% 2010
4.40% 2011
4.50% 2012
4.65% 2013
4.75% 2014
4.80% 2015
5.00% 2016-2017 Term*
MILLER JOHNSON STEICHEN KINNARD 3.30% 2002 $2,727,532.65 $1,169,292.35 4.7190%
INVESTMENT SECURITIES, INC. 3.40% 2003
Minneapolis, Minnesota 3.60% 2004
3.70% 2005
3.85% 2006
4.00% 2007
4.15% 2008
4.25% 2009
4.35% 2010
4.45% 2011
4.60% 2012
4.75% 2013
4.80% 2014
4.85% 2015
4.90% 2016
4.95% 2017
460,000 Term Bond due February 1, 2017 with mandatory redemption in 2016.
" EHLERS LEADERS I N PUB Lie F r NAN C E
3060 Centre Pointe Dríve, Rosevifle, MN 55113-1105
651,697,8500 fax 651.697,8555 WWW. ehlers-ine.com
& ASSOCIATES INC Offices in RosevilJe, MM, Brookfield, WI and Napervi/le, IL
$2,755,000 General Obligation State Aid Street Bonds, Series 2001B
City of Andover, Minnesota P"ge2
NET TRUE
NAME OF BIDDER RATE YEAR PRICE INTEREST INTEREST
COST RATE
SALOMON SMITH BARNEY 4.00% 2002-2007 $2,727,486.90 $1,183,978.10 4.7793%
Chicago, Illinois 4.10% 2008
MORGAN STANLEY DEAN WinER 4.20% 2009
Chicago, Illinois 4.30% 2010
UBS/PAINEWEBBER, INC. 4,40% 2011
Chicago, Illinois 4.50% 2012
CIBC WORLD MARKETS 4.70% 2013
New York, New York 5.00% 2014-2017
CRONIN & COMPANY, INC.
Minneapolis, Minnesota
DAIN RAUSCHER, INC. 3.875% 2002-2003 $2,717,322.25 $1,189,669.00 4.8152%
Minneapolis, Minnesota 4.00% 2004-2007
4.10% 2008
4.20% 2009
4.30% 210
4,40% 2011
4.55% 2012
4.70% 2013
4.80% 2014
5.00% 2015-2017 Term
REOFFERING YIELDS, 2002 2.90%
2003 3.20%
2004 3,45%
2005 3.65%
2006 3.80%
2007 4.00%
2008 4.10%
2009 4.20%
2010 4.30%
2011 4,40%
2012 4.50%
2013 4.65%
2014 4.75%
2015 4.80%
2016-2017 5.00%
----..-- IU----· -------
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 094-01
A RESOLUTION ACCEPTING A GIFT DONATION FROM
STATE FARM INSURANCE GIVEN IN GENEROUS
APPRECIATION OF CITY FLOOD DAMAGE CONTROL
EFFORTS
WHEREAS, the City of Andover, elected officials and staff, led efforts to control flood
damage that would have potentially damaged private property in the community during
the week of April 9, 2001; and
WHEREAS, City efforts have been recognized by Mr. Leroy Granstrom of State Farm
Insurance of Anoka in the foun of twenty - $10.00 gift certificates valued at $200; and
WHEREAS, the City of Andover City Council must under state law founally accept this
most generous gift by City resolution.
NOW THEREFORE BE IT RESOLVED that the Andover City Council hereby accepts
, the gift certificates valued at $200 rrom Mr. Leroy Granstrom of State Farm Insurance of
Anoka given in recognition of City efforts to prevent flood damage to private property
and gratefully thanks Mr. Granstrom for his most generous gift.
BE IT FURTHER RESOLVED that the City Council approves the use of the
aforementioned gift certificates in the following manner: Ten gift certificates to be given
to the Annual Fun Fest event to be used as prizes; Ten gift certificates to be given to the
Andover Employee Club for use àt the annual Employee Appreciation Dinner.
Adopted by the City Council of the City of Andover this ~ day of June . 2001.
ATIEST:
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Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 093-01
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 ,PROJECT NO. 01-15, IN THE AREA OF 2856 BUNKER
LAKE BOULEVARD NW.
WHEREAS, the City Council has received a petition, dated Mav 8. 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 Kniqht and adopted by the
City Council at a reqular meeting this ~ day of June , 2001, with
Councilmembers Jacobson. Kniaht Orttel. Trude. Gamache (absent) voting in
favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY~N~_t
' \.;L v"'-.
ATTEST:
Kenneth D. Orttel - Acting Mayor
~()~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R092-01
A RESOLUTION APPROVING THE VARIANCE REQUEST FOR GERALD
WINDSCHITL TO VARY FROM THE WETLAND BUFFER SETBACK
PROVISION OF ORDINANCE 114 AND THE FRONT YARD SETBACK
PROVISION OF ORDINANCE 8 ON PROPERTY LOCATED AT 1540 158TH
LANE NW
WHEREAS, Gerald Windschitl has petitioned to vary from the 16.5 foot
wetland buffer setback provision of Ordinance 114 and the front yard
setback provision of Ordinance 8 for property located at 1540 158 TH Lane
NW legally described as follows:
Lot 8, Block 2 Chesterton Commons North
WHEREAS, the City Council finds that the location of the cul-de-sac and
resulting front yard setback reduces the buildable area near the front of the lot
where a home would typically be constructed, and;
WHEREAS, the orientation of the wetland and resulting wetland buffer setback
reduces the buildable area near the rear of the lot, and;
WHEREAS, the combination of these factors prevents the construction of a
house on the majority of the property. The buildable area that remains does not
provide sufficient space to locate a single family home.
WHEREAS, reducing the width of the buffer strip is not contrary to the intent of
the wetland buffer ordinance. The wetland will be protected as required by
Ordinance No. 114 during construction. An adequate distance will be maintained
to provide a buffer strip for the wetland.
WHEREAS, reducing the front yard setback to 30 feet is not contrary to the intent
of the ordinance because only a small portion of the garage will extend into the
typical front yard setback, this variance is necessary to allow adequate distance
between the rear wall of the house and the wetland, and the reduced front yard
setback, because the lot is located on a cul-de-sac, will not cause the house to
be out of character with the neighborhood nor will it reduce the front yard to a
noticeable degree.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Andover approves the proposed variance request to allow:
1. A wetland buffer setback of eight (8) feet, and;
2. A front yard setback of thirty (30) feet
Subject to the following conditions:
1. The house shall be a modified two story design located as indicated on
Attachment B of the staff report dated May 15, 2001.
Adopted by the City Council of the City of Andover on this 15th day of May, 2001.
CITY OF ANDOVER
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ATTEST: Michael R Gamache, Mayor
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Victoria Volk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 091-01
MOTION by Council member Orttel to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NOS. 00-41 & 00-40 FOR RED PINE
ESTATES & WOODLAND OAKS.
WHEREAS, pursuant to advertisement for bids as set out in Council
Resolution Nos. 068-01 & 067-01 , dated April 17 , 2001, bids were received,
opened and tabulated according to law with results as follows:
Burschville Construction, Inc. $1,891,794.00
Randy Kramer Excavating $1,932,881.20
SR Weidema Inc. $1,970,045.70
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby accept the bids as shown to indicate Burschville 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 Burschville Construction. Inc. in the amount of
$1.891.794.00 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 Councilmember Trude and adopted by the
City Council at a reaular meeting this 15th day of Mav ,2001 ,with
Councilmembers Trude, Kniaht Orttel. Jacobson. Gamache voting in favor of
the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
11;t;~ {)ffi
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R090-01
MOTION by Councilmember Jacobson seconded by Councilmember
Orttel to adopt the following:
A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT
DEVELOPMENT OF RED PINE ESTATES AS BEING DEVELOPED BY GOLD
NUGGET DEVELOPMENT IN SECTION 14-32-24.
WHEREAS, the City Council has approved the preliminary plat of the
Planned Unit Development of Red Pine Estates; and
WHEREAS, the Developer has presented the final plat of Red Pine
Fields; and
WHEREAS, the City Engineer has reviewed such 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 Red Pine Estates contingent upon
receipt of the following:
1. The City Attorney presenting a favorable opinion.
2. Security to cover legal, engineering, street sign and installation 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 is completed, a letter from the
developer's engineer that lots and streets are graded according to the
grading plan submitted and approved by the City.
4. The final plat 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 {streets, utilities, etc.}) and a contract for the
improvements awarded.
5. Streetlight costs to be paid to Connexus Energy. Costs to be determined by
Connexus Energy.
6. Receipt of all necessary drainage and utility easements outside the plat if
necessary.
7. Subject to final review of City Staff for compliance with City ordinances,
policies, guidelines and conditions of preliminary and final plat approval.
8. Developer is responsible to obtain all permits from U.S. Army Corps of
Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other
agency that may be interested in the site.
9. Park dedication as recommended by the Park and Recreation Commission
and approved by the City Council.
10. Filing of Articles of Incorporation, Bylaws, Declarations and all other
association documents, and Easements with the Anoka County Recorder.
Page Two
Resolution - Final Plat
Red Pine Estates
Gold Nugget Development
May 15, 2001
11. Variances or development standards approved with the Planned Unit
Development shall become the only listing of variances approved on the
plat
Adopted by the City Council of the City of Andover this 15th day of ~,
2001.
CITY OF ANDOVER
ATTEST:
~ ¡)d&
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 089-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION ACCEPTING SUPPLEMENTAL FEASIBILITY STUDY AND
WAIVING HEARING FOR THE IMPROVEMENT OF PROJECT 00-18 FOR THE
EXTENSION OF MSA STREET (ANDOVER BOULEVARD NW).
WHEREAS, the City Council did on the 20th day of March ,2001, 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 15th day of Mav ,2001; and
WHEREAS, the City Council has reviewed the supplemental feasibility
study and declares the improvement feasible, for an estimated cost of
$ 2.851.859.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby receive the supplemental feasibility report with an estimated
total cost of improvements of $ 2.851 ,859.00
MOTION seconded by Councilmember Ortlel and adopted by the
City Council at a reqular meeting this 15th day of Mav ,2001 , with
Councilmembers Trude. Kniqht. Ortlel. Jacobson. Gamache voting
in favor of the resolution, and Councilmembers noen
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~~~~
ichael R Gamache - Mayor
L~ IJlb
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 088-01
A RESOLUTION COMMITTING TO "MINNESOTA CITIES:
BUILDING QUALITY COMMUNITIES"
STATEWIDE EDUCATIONAL EFFORT
WHEREAS, the top values and priorities of citizens include safety, family, job
opportunities, health, the well-being of children, and recreational opportunities; and
WHEREAS, many ofthe services cities provide directly enhance those citizen priorities;
and
WHEREAS, the connection between city services and how they benefit citizen priorities
and concerns is not always understood by citizens; and
WHEREAS, it is one of the responsibilities of city officials to ensure legislators, media
and citizens understand their governments through open and ftequent cornmunication
using various avenues and means; and
WHEREAS, it is important to encourage citizens to actively participate in city
government, to share their views, and to work in partnership with city officials to ensure
that the needs of the community are met; and
WHEREAS, partnerships developed between citizens and city officials can result in
greater understanding of the connection between Minnesota's high quality oflife and the
services provided by Minnesota Cities, as well as in greater trust by citizens ÎI1 the efforts
of their city government.
NOW THEREFORE BE IT RESOLVED that the City of Andover hereby declares its
commitment to join in the "Minnesota Cities: Building Quality Communities" statewide
educational effort in cooperation with our fellow members of the League of Minnesota
Cities. We hereby designate the City Clerk as the City of Andover's key contact for this
effort, and will inform the League of Minnesota Cities of this designation.
Adopted by the City Council of the City of Andover this 15th day of May. 2001.
ATTEST: CITY OF ANDOVER
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Vicki V olk - City Clerk <Michael R Gamache - Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R087-01
A RESOLUTION GRANTING THE V ACA TION OF EASEMENT REQUEST OF THE
CITY OF ANDOVER ON BEHALF OF DAVID NIEMANN TO V ACA TE A
DRAINAGE AND UTILITY EASEMENT ON LOT 26, BLOCK I, THE MEADOWS
OF ROUND LAKE.
WHEREAS, the City of Andover has requested to vacate a drainage and utility easement
located on Lot 26, Block I, THE MEADOWS OF ROUND LAKE, legally described on a
Quit Claim Deed (Doc. No. 131778) recorded on December 23,1997 as follows:
That part ofLot 26, Block 1, The MEADOWS OF ROUND LAKE, which
lies easterly of a line drawn from the most westerly comer of said Lot 26,
Block I, to the most westerly comer of Lot 25, Block I, THE MEADOWS
OF ROUND LAKE.
Which lies southwesterly of a line beginning at a point on the
northwesterly line of said Lot 26 distant 114.00 feet southwesterly of the
most northerly comer of said Lot 26 and extending southeasterly to a point
on the southeasterly line of said Lot 26 distant 132.00 feet southwesterly
of the most easterly comer of said lot 26 and said centerline there
terminating.
WHEREAS, the City of Andover is vacating said easement as a part of the settlement of a
lawsuit being brought by the property owner, David Niemann; 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 15th day of Mav. 2001.
CITY OF ANDOVER
ATTEST
!L;,¿v.-' d.¿b
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 086-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 00-39 FOR THE CHESTERTON
COMMONS NORTH 2ND ADDITION.
WHEREAS, pursuant to advertisement for bids as set out in Council
Resolution No. 066-01 , dated April 17 , 2001, bids were received, opened and
tabulated according to law with results as follows:
Volk Sewer & Water, Inc. $357,058.99
WB Miller, Inc. $392,908.40
Hydrocon, Inc. $406,697.50
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby accept the bids as shown to indicate Volk Sewer & Water. Inc.
as being the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk
to enter into a contract with Volk Sewer & Water. Inc. in the amount of
$357.058.99 for construction of the improvements; and direct the City Clerk to
return to all bidders the deposits made with their bids, except that the deposit of
the successful bidder and the next lowest bidder shall be retained until the contract
has been executed and bond requirements met.
MOTION seconded by Councilmember Kniqht and adopted by the
City Council at a reqular meeting this 15th day of Mav , 2001 , with
Councilmembers Trude. Kniaht. Orttel. Jacobson. Gamache (absent) voting
in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~
ichael R Gamache - Mayor
;L~ d,Ø
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 085-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 98-20 FOR BUNKER LAKE
BOULEVARD NW UNDERPASS.
WHEREAS, the City Council is cognizant of the need for the underpass; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and
specifications for the improvement of the Bunker Lake Boulevard NW Underpass,
Project 98-20; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the--ºtl'L
Engineer to prepare the plans and specifications for such improvement project
MOTION seconded by Councilmember Knight and adopted by the
City Council at a reaular meeting this 15th day of Mav , 2001 , with
Councilmembers Trude. Kniaht. Ortlel. Jacobson. Gamache (absent) voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
IU-~¿Jffi
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 084-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF
PROJECT NOS. 00-8 & 01-5 FOR SUNSHINE PARK PARKING LOT &
TRAIL IMPROVEMENTS & CITY HALL SKATEBOARD PARK BITUMINOUS
SURFACE.
WHEREAS, pursuant to advertisement for bids as set out in Council
Resolution Nos. 047-01 & 071-01 , dated March 20 & April 17 , 2001, bids
were received, opened and tabulated according to law with results as follows:
WB Miller, Inc. $113,885.80
North Valley, Inc. $114,939.00
Hardrives, Inc. $131,286.32
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby accept the bids as shown to indicate WB 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 WB Miller. Inc. in the amount of
$113.885.80 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 reaular meeting this 15th day of Mav ,2001 ,with
Councilmembers Trude. Knioht. Ortlel. Jacobson. Gamache (absent) voting in
favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
dL~ d,Lb
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 083-01
A RESOLUTION AMENDING RESOLUTION 243-99 A RESOLUTION AMENDING
RESOLUTIONS NO. 038.95 AND 189-92 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. 243-99 authorizing Richard Fursman, 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, Richard Fursman has resigned as Administrator and John Erar was
appointed Administrator.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby revise the authority to sell, assign, transfer and/or deliver any and all
stocks, bonds or other securities now or hereafter registered in the name of this city to
John Erar, Administrator, James Dickinson, Finance Director and Shirley Clinton,
Treasurer.
Adopted by the City Council of the City of Andover this 15th day of May , 2001.
CITY OF ANDOVER
Attest:
~~.I ().ffi
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 082-01
A RESOLUTION ESTABLISHING INSTITUTIONAL WATER CONNECTION RATE.
THE CITY COUNCil OF THE CITY OF ANDOVER HEREBY RESOLVES:
The following permit fees and service charges are herby established for the year 2001.
Unit Connection Charae
Institutional $1,046.00 per unit or $5,230.00
(land owned or operated by municipal, per acre which ever is
school district, county, state or other higher
governmental uses)
Adopted by the City Council of the City of Andover this 1st day of May , 2001.
CITY OF ANDOVER
ATTEST:
~ ¡!d'¿
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 081-01
Resolution Providing for the Sale of
$4,975,000 G.O. Permanent Improvement Revolving Fund Bonds, Series 2001A
$2,755,000 G.O. State Aid Street Bonds, Series 2001B
$1,210,000 G.O. Capital Notes, Series 2001C
BE IT RESOLVED by the City Council (the "City Council") of the City of
Andover, Minnesota (the "City") as follows:
1. Background
1.1 The City Council has determined that it is necessary and expedient to
issue the following debt (collectively the "Bonds"):
(a) the $4,975,000 G.O. Permanent Improvement Revolving Fund
Bonds, Series 2001A to finance 2001 improvement projects,
including Woodland Oaks, Red Pine Estates, Aztec Estates,
Chesterton Commons North 2nd Addition, Nature's Run, and
Well #8.
(b) The $2,755,000 G.O. State Aid Street Bonds, Series 2001 B to
finance the MSA eligible costs of the Andover Boulevard
Project.
(c) The $1,210,000 G.O. Capital Notes, Series 2001C to finance
acquisition of capital equipment.
1.2 The City has designated Ehlers & Associates, Inc., in Roseville,
Minnesota ("Ehlers"), as its independent financial advisor and is
therefore authorized to solicit proposals in accordance with
Minnesota Statutes, Section 475.60, Subdivision 2(9).
2. ACTION
2.1 Authorization: FindinQs. The City hereby authorizes Ehlers to solicit
proposals for the sale of the Bonds.
2.2 MeetinQ; Proposal OpeninQ. The City Council shall meet at the time
and place to be 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 to be specified in such Terms of Proposal.
2.3 Terms of Proposal. 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 part hereof.
2.4 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.
Adopted by the City Council of the City of Andover this ~ of May, 2001.
CITY OF ANDOVER
ATTEST: ~RA-...¿
t"Iíiíichael R. Gamache - Mayor
d~ (/.L£
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 080-01
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 FOR THE VERDIN STREET NW
BIKEWA YIWALKWA Y TRAIL
WHEREAS, the City Council of the City of Andover is cognizant of the need
for improvements, specifically the Verdin Street NW BikewavlWalkwav Trail; and
WHEREAS, the City Council proposes to assess the benefiting property for
all or a portion of the costs of the improvement, pursuant to Minnesota Statutes
429.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council is cognizant of the need for improvements.
2. The proposed improvement is hereby referred to the City Enoineer and he
is instructed to provide the City Council with a supplemental feasibility report.
MOTION seconded by Council member Knioht and adopted by the
City Council at a reoular meeting this ~ day of Mav , 2001, with
Council members Jacobson. Knioht. Orttel. Gamache. Trude voting in
favor of the resolution, and Council members none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~£d .¿
ichael R Gamache - Mayor
~ tI¿Þ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 079-01
MOTION by Council member Jacobson to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF
ENTRANCE IMPROVEMENTS AT THE INTERSECTION OF THE NEW
ELEMENTARY SCHOOL ON VERDIN STREET NW , PROJECT NO. 01-12.
WHEREAS, the City Council has received a petition, dated April 11 , 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 $1.000.00
3. The proposed improvement is hereby referred to McCombs. Frank. Roos &
Associates and they are instructed to provide the City Council with a
feasibility report.
MOTION seconded by Council member KniQht and adopted by the
City Council at a reQular meeting this L day of Mav , 2001, 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: ~~¿J~
ichael R Gamache - Mayor
~ tlæ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 078-01
MOTION by Council member Jacobson to adopt the following:
A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING
PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF
SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER , 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
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 TKDA and they are instructed to
provide the City Council with a feasibility report.
MOTION seconded by Councilmember Kniaht and adopted by the
City Council at a reaular meeting this 1st day of May ,2001, 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::'A~.",¿
/Michael R Gamache - Mayor
~t/~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 077-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE
UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH
REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE.
WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax
Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of
which are to be used to reimburse the City for project expenditures made by the City prior to the time of
the issuance of the bonds; and
WHEREAS, the Regulations generally require that the City make a prior declaration of its official
intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued
borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of
such borrowing within one year of the payment of the expenditure or, if longer, within one year of the
date the project is placed in service, and that the expenditure be a capital expenditure; and
WHEREAS, the City desires to comply with requirements of the Regulations with respect to
certain projects hereinafter identified;
NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopt a "declaration
of official intent" pursuant to Section 1.103-18 of the Regulations.
1. Official Intent Declaration
(a) The City proposes to undertake the following projects described on Exhibit A attached
hereto.
(b) Other than (i) expenditures to be paid or reimbursed from sources other than a
borrowing or (Ii) expenditures permitted to be reimbursed pursuant to the transition
provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting
preliminary expenditures as defined in Section 1.103(1)(2) of the Regulations, no
expenditures for the foregoing projects as identified on Exhibit A have heretofore been
made by the City and no expenditures will be made by the City until after the date of this
Resolution.
(c) The City reasonably expects to reimburse the City expenditures made for costs of
designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City
after the date of payment of all or a portion of the costs. All reimbursed expenditures
shall be capital expenditures as defined in Section 1.150-1 (h) of the Regulations.
(d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18
of the Regulations.
2. Budqetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a
long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a
long-term bases or otherwise set aside) to provide permanent financing for the expenditures
related to the projects, other than pursuant to the issuance of the Bonds. This resolution,
therefore, is determined to be consistent with the City's budgetary and financial
circumstances as they exist or are reasonably foreseeable on the date hereof, all within the
meaning and content of the Regulations.
3. Filinq. This resolution shall be filed within 30 days of its adoption in the publicly available
official books and records of the City. This resolution shall be available for inspection at the
office of the City Clerk at the City Hall (which is the main administrative office of the City)
during normal business hours of the City on every business day until the date of issuance of
the Bonds.
4. Reimbursement Allocations. The City's financial officer shall be responsible for making the
"reimbursement allocations" described in the Regulations, being generally the transfer of the
appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing
used by the City to make payment of the prior costs of the projects. Each allocation shall be
evidenced by an entry on the official books and records of the City maintained for the Bonds,
shall specifically identify the actual prior expenditure being reimbursed or, in the case
reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account
from which the expenditure was paid, and shall be effective to relieve the proceeds of the
Bonds from any restriction under the bond resolution or other relevant legal documents for the
Bonds, and under any applicable state statute, which would apply to the unspent proceeds of
the Bonds.
MOTION seconded by Council member Kniqht and adopted by the City Council of the
City of Andover on this 1st day of Mav ,2001 . with Councilmembers_
Jacobson. Kniaht. OrUel. Gamache. Trude voting in favor of the
resolution, and Councilmembers none voting against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST: ~~--d'
ichael R Gamache - Mayor
~dæ
Victoria Volk - City Clerk
EXHIBIT A
Project Descriptions:
Townhomes of Woodland Creek, Project 00-37
Estimated Cost to be
Reimbursed from
Bond Proceeds:
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 076-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF
PROJECT NO. 00-37 FOR THE TOWNHOMES OF WOODLAND
CREEK.
WHEREAS, pursuant to advertisement for bids as set out in Council
Resolution No. 048-01 , dated March 20 , 2001, bids were received, opened
and tabulated according to law with results as follows:
WB Miller, Inc. $155,871.48
Volk Sewer & Water $156,872.47
Kober Excavating, Inc. $163,952.85
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby accept the bids as shown to indicate WB 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 WB Miller. Inc. in the amount of
$155,871.48 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 KniQht and adopted by the
City Council at a reQular meeting this ~ day of Mav ,2001 , with
Councilmembers Jacobson. Kniqht. Orttel. Gamache. Trude voting in favor of
the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
-
ATTEST:
11 ~ ¿¡rib
Victoria Volk - City Clerk
City of Andover
County of Anoka
State of Minnesota
No. R 075-01
RESOLUTION OPPOSING
NFPA PROPOSED STANDARDS 1710 AND 1720
WHEREAS, the National Fire Protection Association (NFP A) is an international association of
individuals and trade and professional organizations: and
WHEREAS, the mission of NFP A is "to reduce the worldwide burden of fire and other hazards on the
quality of life by providing and advocating scientifically-based consensus codes and standards, research
and education"; and
WHEREAS, NFP A has produced over 275 codes and standards that deal with every aspect of fire and
life safety; and
WHEREAS, NFP A is an internationally recognized authority in producing codes and standards dealing
with fire and life safety; and
WHEREAS, NFP A is cUITently proposing two new standards: NFP A 1710, Organization and
Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to
the Public by Career Fire Departments, and NFP A 1720, Organization and Deployment of Fire
Suppression, Emergency Medical Operations, and Special Operations to the Public by Volunteer Fire
Departments; and
WHEREAS, proposed NFP A standards 1710 and 1720 defme minimum response times, minimum fire
company staffmg levels, initial full alann response levels, and extra alarm response levels; and
WHEREAS, levels of service delivery for fire and emergency medical services (EMS) have always been
detennined by local jurisdictions; and
WHEREAS, proposed NFP A standards 1710 and 1720 would impose onerous, unfounded mandates
upon local governments to meet established response times and staffing levels, if adopted by NFP A with
subsequent consideration taken by federal agencies, such as the Occupational Safety and Health
Administration (OSHA) and insurance companies; and
WHEREAS, the NFP A has clearly gone outside its authority in proposing these national minimum
manning, response, and staffmg standards, and
WHEREAS, because NFP A codes and standards are voluntary and need to be adopted by local
jurisdictions, these standards will be "the norm" because of the stature ofNFPA in the development and
promulgation of other codes and standards; and
WHEREAS, these two proposed standards will be considered and voted on at the NFP A annual
conference on May 16, 200 I in Anaheim, California; and
WHEREAS, if adopted and issued, these proposed NFP A standards would force local governments to
shift dollars from fIre prevention programs to fire suppression activities, potentially increasing the risk of
fIre and the danger to local fIrefighters.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Andover, Minnesota opposes any
attempt by the National Fire Protection Association to adopt standards for staffmg or minimum manning
levels of fITe, specialized, or emergency medical service vehicles controlled by units oflocal
government; and
BE IT FURTHER RESOLVED that the City Council of Andover, Minnesota opposes any attempt by
the National Fire Protection Association to adopt a standard dictating or affecting the response time of
any fITe, specialized, or emergency medical vehicle; and
BE IT FURTHER RESOLVED that the City Council of Andover, Minnesota will send this resolution
to the National Fire Protection Association registering the city's opposition to proposed standards 1710
and 1720, which preempt local authority and place a one-size-fits-all mandate on our city and on all
cities and towns.
Adopted by the City Council of the City of Andover this 17th day of April ,
2001.
City of Andover
..-.-?- ~.~
~/7;"" ¡ ¿
~ . .. "''->./'-G-
Michael R. Gamache - Mayor
Attest:
~ ();/b
Victoria Volk- City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 074-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-18 ,FOR
ANDOVER BOULEVARD EXTENSION .
WHEREAS, pursuant to Resolution No. 238-00 , adopted by the City
Council on the 9th day of November , 2000, SEH has prepared final plans
and specifications for Project 00-18 for Andover Boulevard Extension.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 1 ih day of April , 2001 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby
direct the City Clerk to seek public bids as required by law, with such bids to be
opened at 10:00 AM , June 13 , 2001 at the Andover City Hall.
MOTION seconded by Councilmember Trude and adopted by the
City Council at a reoular meeting this 1ih day of April , 2001 , with
Councilmembers Trude. Jacobson. Gamache. Knioht. Orttel
voting in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~z0?~
~ '.~~ '. .;.:;c.
.Michael R. Gamache - Mayor
~ O.rtb
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 073-01
A RESOLUTION DESIGNATING NO PARKING ON THE NORTH AND SOUTH
SIDES OF ANDOVER BOULEVARD NW FROM CROSSTOWN BOULEVARD
TO ITS WESTERLY LIMIT.
WHEREAS, the City Council is cognizant of the potential public nuisance,
traffic hazard, congestion; and
WHEREAS, the City Council believes restricting the parking will be a
solution to the problem.
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover
that there will be No Parking on the north and south sides of Andover Boulevard
NW from Crosstown Boulevard to its westerly limit
Adopted by the City Council of the City of Andover this 1 yth day of April,
2001 .
CITY OF ANDOVER
ATTEST: ~~/,y ¿1'h~¿
Michael R Gamache - Mayor
~¡)Æ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 072-01
MOTION by Council member Trude to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF
SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 99-18.
SHADOWBROOK 6]H 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.
WHEREAS, a contract has been entered into for the construction of the improvements and the
contract price for such improvement is $281.253.79plus $21.000.00 for seal coat, and the expenses
incurred or to be incurred in the making of such improvement amount to $80.406.69 and work
previously done amount to $98.846.20 plus $24.885.30 (lift station charQe) so that the total cost of the
improvement will be $506.391.98
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER,
MINNESOTA:
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
$ 506.391.98
2. 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.
3. 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 6 percent per
annum from the date of the adoption of the assessment resolution.
4. 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 Jacobson and adopted by the City Council
at a regular meeting this 1 yth day of April , 2001, with Councilmembers
Trude. Jacobson. Gamache. Knight. Orttel voting in favor of the resolution, and
Councilmembers none voting against, whereupon said resolution was declared
passed.
CITY OF ANDOVER
ATTEST: ~/h?A~
Michael R. Gamache - Mayor
~a~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 071-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 01-5 ,FOR
SKATEBOARD PARK BITUMINOUS SURFACE
WHEREAS, pursuant to Resolution No. 063-01 , adopted by the City
Council on the 3rd day of March , 2001 ,the Citv Enaineer has
prepared final plans and specifications for Project 01-2 for the Skateboard Park
Bituminous Surface .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 1ih day of April , 2001 .
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 1 , 2001 at the Andover City Hall.
MOTION seconded by Councilmember Jacobson and adopted by the
City Council at a reaular meeting this 1 ih day of April , 2001 , with
Councilmembers Trude. Jacobson. Gamache. KniQht. Ortlel
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
~ /JL£
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 070-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
AUTHORIZING PRICES TO BE OBTAINED TO PERFORM THE WORK FOR
PROJECT NO. 01-2 , FOR NEW BALL FIELD FACILITY .
WHEREAS, pursuant to Resolution No. 050-01 , adopted by the City
Council on the 201ft day of March , 2001 ,the City Enaineer has
prepared final plans for Project 01-2 for the New Ball Field Facilitv .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 17th day of April , 2001 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans.
MOTION seconded by Councilmember Jacobson and adopted by the
City Council at a reaular meeting this 1 yth day of April , 2001 , with
Councilmembers Trude. Jacobson. Gamache. Kniaht. Ortiel
voting in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ;(&44? /JC)}~-.Y¿
Ichael R. Gamache - Mayor
!LI~ /)/1/
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 069-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING
AND ORDERING IMPROVEMENT OF PROJECT NO. 01-8 FOR WATERMAIN &
SANITARY SEWER IN THE FOLLOWING AREA OF 732 - 140TH LANE NW
WHEREAS, the City Council did on the L day of April ,2001, order the
preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by the Citv Engineer
and presented to the Council on the 1 ih day of April ,2001; 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 $ 8.084.48
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 $ 8.084.48 waive the Public Hearing and order improvements.
BE IT FURTHER RESOLVED the property would be assessed over a 2 year
period.
MOTION seconded by Councilmember Jacobson and adopted by the
City Council at a regular meeting this 1ih day of April ,2001, with
Councilmembers Trude. Jacobson, Gamache. Knight, Ortiel voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
%2
'/0' . - .
ATTEST:~4~è'.-~
JV1ichael R Gamache - Mayor
~ ä-lL
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 068-01
MOTION by Council member Trude to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-41 ,RED
PINE ESTATES
WHEREAS, pursuant to Resolution No. 034-01 , adopted by the City
Council on the _L day of March ,2001, MFRA has prepared final plans
and specifications for Project 00-41 for Red Pine Estates.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 1 ih day of April , 2001 .
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 " Mav 11 ,2001 at the Andover City Hall.
MOTION seconded by Council member Jacobson and adopted by the
City Council at a reqular meeting this 1ih day of April ,2001 , with
Council members Trude, Jacobson, 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: ,.; f" ' ~~
~
Ichael R Gamache - Mayor
~tJ4
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 067-01
MOTION by Council member Trude to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-40 ,
WOODLAND OAKS .
WHEREAS, pursuant to Resolution No. 033-01 , adopted by the City
Council on the 6th day of March , 2001, MFRA has prepared final plans
and specifications for Project 00-40 for Woodland Oaks.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 1]'h day of April , 2001 .
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 , Mav 11 , 2001 at the Andover City Hall.
MOTION seconded by Council member Jacobson and adopted by the
City Council at a reqular meeting this 1ih day of April , 2001 , with
Council members Trude, Jacobson. 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: -?~~ ~<
ichael R Gamache - Mayor
ILi~ d,-/,ú
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 066-01
MOTION by Council member Trude to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-39 ,
CHESTERTON COMMONS NORTH 2ND ADDITION .
WHEREAS, pursuant to Resolution No. 039-01, adopted by the City
Council on the 6th day of March ,2001, MFRA has prepared final plans
and specifications for Project 00-39 for Chesterton Commons North 2nd Addition.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 1 th day of April , 2001 .
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 11 ,2001 at the Andover City Hall.
MOTION seconded by Council member Jacobson and adopted by the
City Council at a reaular meeting this 1th day of April , 2001 , with
Council members Trude. Jacobson, Gamache. Knight. Ortlel voting in
favor ofthe resolution, and Council members none voting against, whereupon
said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~;d.fQ ...?
O",¡te_
ichael R Gamache - Mayor
~ tJ¿£
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R065-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION AMENDING RESOLUTION NO. 054-98 APPROVING THE
FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT OF SHADOWBROOK
THIRD ADDITION, AS DEVELOPED BY BUNKER. LLC, IN SECTIONS 25 & 36-
32-24.
WHEREAS, as a condition of the approval of the final plat, a sixty (60')
foot easement was to be dedicated for streets and utility purposes and an
escrow was received for the cost of extending the street to the east from Alder
Street NW to the City of Ham Lake corporate boundary in the area of Lot 23,
Block 3: and
WHEREAS, the Developer has purchased the adjacent property in Ham
Lake and has added the property to the common area of Shadowbrook Cove.
WHEREAS, due to this fact the easement is no longer needed and Lot
23, Block 3 shall no longer be encumbered by said easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the resolution amending resolution No. 054-98
adopted by the City Council on March 17,1998 with the following conditions:
1. Conditions No. 1-12 on Resolution No. 054-98 shall remain in effect and shall be
adhered to by the developer.
Adopted by the City Council of the City of Andover this 17th day of April ,
2001.
CITY OF ANDOVER
ATTEST: ~0~PA&~~
Mlchae R. Gamache - Mayor
~ drib
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 064-01
MOTION by Councilmember Kniaht to adopt the following:
A RESOLUTION TERMINATING THE IMPROVEMENT OF SANITARY SEWER &
WATER FOR PROJECT NO. 00-5. 7TH AVENUE AREA.
WHEREAS, Resolution No. 031-01 of the City Council adopted on the L
day of March, 2001, fixed a date for a public hearing; and
WHEREAS, pursuant to the required published and mailed notice such
hearing was held on the 1 ylh day of April, 2001; 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 terminating the improvement of sanitarv sewer & water for Project
No. 00-5 .
MOTION seconded by Councilmember Jacobson and adopted by the City
Council at a reqular meeting this ~ day of April , 2001, with
Councilmembers Kniqht. Jacobson. Trude. Gamache. Ortlel voting in favor of
the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~ø~
tMichael R Gamache - Mayor
ÚAA/ (/rtb
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 063-01
MOTION by Councilmember Knioht to adopt the following:
A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 01-5 FOR SKATEBOARD PARK
BITUMINOUS SURFACE.
WHEREAS, the City Council is cognizant of the need for the skateboard park
bituminous surface; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and
specifications for the improvement of the Skateboard Park Bituminous Surface, Project
01-5; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the --ºl1ï..
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 3rd day of March , 2001 , 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: ~V~~t:{
Ichael R. Gamache - Mayor
LLL ()~¿
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 062-01
MOTION by Council member Kniqht to adopt the following:
A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 01-5 FOR SKATEBOARD FACILITY
EQUIPMENT
WHEREAS, the City Council is cognizant of the need for the skateboard facility
equipment; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and
specifications for the improvement of the Skateboard Facilitv Equipment, Project 01-5;
and
BE IT FURTHER RESOLVED by the City Council to hereby direct the--ºtlY.
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 3rd day of March , 2001 , 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: .-..4
fLt;. . tlif"
~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 061-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION TERMINATING PROJECT NO. 00-29. LAKEVIEW TERRACE &
ADJOINING AREAS .
WHEREAS, Resolution No. 022-01 of the City Council adopted on the L
day of Februarv, 2001, fixed a date for a public hearing; and
WHEREAS, pursuant to the required published and mailed notice such
hearing was held on the 3'd day of April, 2001: 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. 00-29 , and direct staff to do crack
sealing and seal coating at the City's expense.
MOTION seconded by Councilmember Kniqht and adopted by the City
Council at a reaular meeting this 3'd day of April , 2001, 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
¿Lt;;",/ CdV'
Victoria Volk - City Clerk
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA
HELD: April 3, 2001
Pursuant to due call and notice thereof, a regular meeting of the City Council of
the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on
Tuesday, the 3rd day of April, 2001, at 7:00 o'clock-E.M.
The following members were present:
Don Jacobson, Mike Gamache, Mike Knight, Ken Orttel, Julie Trude
and the following were absent:
None
Member Jacobson introduced the following resolution and
moved its adoption:
No. R-60-01
RESOLUTION CALLING FOR REDEMPTION OF OUTSTANDING
GENERAL OBLIGATION IMPROVEMENT BONDS OF 1996
A. WHEREAS, the City Council of the City of Andover, Minnesota (the
"City"), issued on behalf of the City, $600,000 General Obligation Improvement Bonds of 1996,
dated June 1, 1996 (the "Bonds"), of which Bonds $380,000 still remains outstanding; and
B. WHEREAS, all of the said Bonds maturing in the years 2000 to 2006,
both inclusive, are subject to redemption and prepayment at the option of the City in inverse
order, on August 1, 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 21, 1996 authorizing the issuance
of said Bonds (the "Resolution"); and
C. WHEREAS, the City Council deems it desirable and in the best interests
of the City to call all of the Bonds maturing in the years 2002 to 2006, both inclusive, on
August 1, 2001, the next 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:
L Bonds to be Redeemed. All of the Bonds maturing in the years 2002 to
2006, both inclusive, shall be redeemed and prepaid on August 1, 2001 at par and accrued
interest for each such Bond called.
2. Notice ofCal!. The City Finance Director is hereby authorized and
directed to give written notice of call at least forty-five (45) days prior to August 1, 2001, the
date for call, to the paying agent where said Bonds are payable and therefor 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:
1?7"1(H~.:h,1
NOTICE OF CALL FOR REDEMPTION
GENERAL OBLIGATION IMPROVEMENT
BONDS OF 1996
CITY OF ANDOVER
ANOKA COUNTY
MINNESOTA
NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Anoka
County, Minnesota, there have been called for redemption and prepayment on
August 1, 2001
those outstanding bonds of the City designated as GeneralObligation Improvement Bonds of
1996, dated June 1, 1996, having stated maturity dates in the following years, totaling $320,000
in principal amount, and having CUSIP numbers listed below:
Year CUSIP Number*
2002 034313 QB 5
2003 034313 QC 3
2004 034313 QD 1
2005 034313 QE 9
2006 034313 QF 6
The bonds are being called at a price of par plus accrued interest to August 1, 2001, on which
date all interest on said bonds wíll cease to accrue. U.s. Bank Trust 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 August 1, 2001.
- 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.
-- Indicates full call.
Dated: April3, 2001.
BY ORDER OF THE CITY COUNCIL
/s/ Vicki Volk
City Clerk
Important Notice: Under the Interest and Dividend Compliance Act of 1983,31 % wíll be
withheld if tax identification is not properly certified.
2
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.
The motion for the adoption of the foregoing resolution was duly seconded by
member Knight and upon a vote being taken thereon, the following voted
in favor thereof:
Don Jacobson, Mike Gamache, Mike Knight, Ken Orttel, JulieTrude
and the following voted against the same:
None
Whereupon said resolution was declared duly passed and adopted.
3
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 thereftom insofar as the same relates to calling for redemption of outstanding General
Obligation Improvement Bonds of 1996.
WITNESS my hand as such City Clerk this 3rd day of April, 2001.
.{ " -I , ý
LwC;v {i,.¿l¡f",
City Clerk
4
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 059-01
MOTION by Council member Jacobson to adopt the following:
A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE
UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH
REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE.
WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax
Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of
which are to be used to reimburse the City for project expenditures made by the City prior to the time of
the issuance of the bonds; and
WHEREAS, the Regulations generally require that the City make a prior declaration of its official
intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued
borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of
such borrowing within one year of the payment of the expenditure or, if longer, within one year of the
date the project is placed in service, and that the expenditure be a capital expenditure; and
WHEREAS, the City desires to comply with requirements of the Regulations with respect to
certain projects hereinafter identified;
NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopt a "declaration
of official intent" pursuant to Section 1.103-18 of the Regulations.
1. Official Intent Declaration
(a) The City proposes to undertake the following projects described on Exhibit A attached
hereto.
(b) Other than (i) expenditures to be paid or reimbursed from sources other than a
borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition
provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting
preliminary expenditures as defined in Section 1.103(1 )(2) of the Regulations, no
expenditures for the foregoing projects as identified on Exhibit A have heretofore been
made by the City and no expenditures will be made by the City until after the date of this
Resolution.
(c) The City reasonably expects to reimburse the City expenditures made for costs of
designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City
after the date of payment of all or a portion of the costs. All reimbursed expenditures
shall be capital expenditures as defined in Section 1.150-1 (h) of the Regulations.
(d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18
of the Regulations.
2. Budqetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a
long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated On a
long-term bases or otherwise set aside) to provide permanent financing for the expenditures
related to the projects, other than pursuant to the issuance of the Bonds. This resolution,
therefore, is determined to be consistent with the City's budgetary and financial
circumstances as they exist or are reasonably foreseeable on the date hereof, all within the
meaning and content of the Regulations.
3. Filinq. This resolution shall be filed within 30 days of its adoption in the publicly available
official books and records of the City. This resolution shall be available for inspection at the
office of the City Clerk at the City Hall (which is the main administrative office of the City)
during normal business hours of the City on every business day until the date of issuance of
the Bonds.
4. Reimbursement Allocations. The City's financial officer shall be responsible for making the
"reimbursement allocations" described in the Regulations, being generally the transfer of the
appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing
used by the City to make payment of the prior costs of the projects. Each allocation shall be
evidenced by an entry on the official books and records of the City maintained for the Bonds,
shall specifically identify the actual prior expenditure being reimbursed or, in the case
reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account
from which the expenditure was paid, and shall be effective to relieve the proceeds of the
Bonds from any restriction under the bond resolution or other relevant legal documents for the
Bonds, and under any applicable state statute, which would apply to the unspent proceeds of
the Bonds.
MOTION seconded by Councilmember Kniqht and adopted by the City Council of
the City of Andover on this 3rd day of April ,2001 . with Councilmembers
Jacobson. Kniqht. Orttel, Gamache. Trude voting in favor of the
resolution, and Council members none voting against, whereupon said resolution was passed.
CITY OF ANDOVER
~.- ~ ~.
ATTEST: ichael R. Gamache - Mayor
/l:t;w //$
().
Victoria Volk - City Clerk
EXHIBIT A
Project Descriptions:
Estimated Cost to be
Reimbursed from Proceeds
Woodland Oaks, Project 00-40 $1,250,000
White Pine Estates, Project 00·41 $1,300,000
Aztec Estates, Project 00-42 $800,000
Chesterton Commons North 2nd Addition, Project 00-39 $600,000
Nature's Run, Project 00-43 $600,000
Well #8, Project 99-8 $450.000
$5,000,000
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 058-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE
UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH
REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE.
WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax
Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of
which are to be used to reimburse the City for project expenditures made by the City prior to the time of
the issuance of the bonds; and
WHEREAS, the Regulations generally require that the City make a prior declaration of its official
intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued
borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of
such borrowing within one year of the payment of the expenditure or, if longer, within one year of the
date the project is placed in service, and that the expenditure be a capital expenditure; and
WHEREAS, the City desires to comply with requirements of the Regulations with respect to
certain projects hereinafter identified;
NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopt a "declaration
of official intent" pursuant to Section 1.103-18 of the Regulations.
1. Official Intent Declaration
(a) The City proposes to undertake the following projects described on Exhibit A attached
hereto.
(b) Other than (i) expenditures to be paid or reimbursed from sources other than a
borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition
provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting
preliminary expenditures as defined in Section 1.103(1 )(2) of the Regulations, no
expenditures for the foregoing projects as identified on Exhibit A have heretofore been
made by the City and no expenditures will be made by the City until after the date of this
Resolution.
(c) The City reasonably expects to reimburse the City expenditures made for costs of
designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City
after the date of payment of all or a portion of the costs. All reimbursed expenditures
shall be capital expenditures as defined in Section 1.150-1 (h) of the Regulations.
(d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18
of the Regulations.
2. Budqetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a
long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a
long-term bases or otherwise set aside) to provide permanent financing for the expenditures
related to the projects, other than pursuant to the issuance of the Bonds. This resolution,
therefore, is determined to be consistent with the City's budgetary and financial
circumstances as they exist or are reasonably foreseeable on the date hereof, all within the
meaning and content of the Regulations.
3. Filing. This resolution shall be filed within 30 days of its adoption in the publicly available
official books and records of the City. This resolution shall be available for inspection at the
office of the City Clerk at the City Hall (which is the main administrative office of the City)
during normal business hours of the City on every business day until the date of issuance of
the Bonds.
4. Reimbursement Allocations. The City's financial officer shall be responsible for making the
"reimbursement allocations" described in the Regulations, being generally the transfer of the
appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing
used by the City to make payment of the prior costs of the projects. Each allocation shall be
evidenced by an entry on the official books and records of the City maintained for the Bonds,
shall specifically identify the actual prior expenditure being reimbursed or, in the case
reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account
from which the expenditure was paid, and shall be effective to relieve the proceeds of the
Bonds from any restriction under the bond resolution or other relevant legal documents for the
Bonds, and under any applicable state statute, which would apply to the unspent proceeds of
the Bonds.
MOTION seconded by Councilmember Kniqht and adopted by the City Council of
the City of Andover on this 3'd day of April ,2001 , with Councilmembers
Jacobson. Knight. OrUel. Gamache. Trude voting in favor of the
resolution, and Councilmembers none voting against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST:
~ '~
Ü "
Victoria Volk - City Clerk
EXHIBIT A
Project Descriptions:
Andover Boulevard Extension, Project 00-18
Estimated Cost to be
Reimbursed from
Bond Proceeds: $2,500,000.00
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 057-01
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. 01-8 , IN THE AREA
OF 732 _1401H LANE NW. WHEREAS, the City Council has received a petition, dated March 27. 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 Citv Enqineer and he is
instructed to provide the City Council with a feasibility report.
MOTION seconded by Councilmember Kniqht and adopted by the
City Council at a reqular meeting this L day of April , 2001, with
Councilmembers Jacobson. Kniqhl. Ortlel. 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
~ vHi-'
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R056-01
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF VOICE STREAM
WIRELESS TO PERMIT THE INSTALLATION OF A PERSONAL COMMUNICATION SYSTEM
(PCS) PURSUANT TO ORDINANCE NO. 270 ON PROPERTY LOCATED AT 16157 ROUND LAKE
BOULEVARD, LEGALLY DESCRlBED AS LOT 2, BLOCK 1 WESTVIEW INDUSTRlAL PARK (PIN
#16-32-24-23-0019).
WHEREAS, V oiceStream Wireless has requested a Special Use Permit to permit the installation of a
personal communication system (pes) pursuant to Ordinance No. 270 on property located at 16157 Round
Lake Boulevard, legally described as Lot 2, Block I Westview Industrial Park; and
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said
request meets the criteria of Ordinance No. 270; 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 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 Special Use Permit on said
property with the following conditions:
1. The applicant shall obtain a building permit for the project from the City.
2. The accessory building shall be constructed from brick to match the existing building located on the
north side of the tower.
3. The applicant shall plant (5) evergreen trees around the southwest comer of the fenced area
surrounding the tower to provide screening from public streets.
Adopted by the City Council of the City of Andover on this 3rd day of April, 2001.
CITY OF ANDOVER ~4~
AT1f:l Mike Gamache, Mayor
, , ú"..; (/.;./b
Victoria Volk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 055-01
A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS.
WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter
described should be designated as Municipal State Aid Streets under the provisions of Minnesota
Laws of 1967 Chapter 162; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that these
streets described as follows, to wit:
. Verdin Street NW between 168'h Lane NW & 177'h Lane NW
be and hereby established, located and designated as Municipal State Aid streets of said City,
subject to the approval of the Commissioner of Transportation of the State of Minnesota.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward
two certified copies of this resolution to the Commissioner of Transportation for his consideration and
upon his approval of the designation of said streets or portion thereof, that same be constructed,
improved and maintained as Municipal State Aid Streets of the City of Andover and to be known as
Municipal State Aid streets.
Adopted by the City Council of the City of Andover this 20th day of March ,2001 .
-
CITY OF ANDOVER
'~~~J
ATTEST: ichael R. Gamache - Mayor
V~ tJ...¿¿/
Victoria Volk - City Clerk
Certification
I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and
approved by the City Council of said City on March 20, 2001.
~Ódb
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 054-01
MOTION by Councilmember Orttel 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 99-18. SHADOWBROOK 61H 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 $281 .253.79 plus $21.000.00 for seal coat,
and the expenses incurred or to be incurred in the making of such improvement amount to
$80.406.69 and work previously done amount to $98.846.20 plus $24.885.30 (lift station
charqe) so that the total cost of the improvement will be $506.391.98
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
$ 506.391.98
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
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 20th day of March , 2001 , with Councilmembers
Orttel, Trude. Gamache. Jacobson, Kniqht (absent) voting in favor of the resolution, and
Councilmembers none voting against, whereupon said resolution was declared
passed.
CITY OF ANDOVER
ATTEST: /!t4.)~e<~Ú
A\ÍÍichael R.'Gãmache - Mayor
Lt.~ ()~.
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 053-01
MOTION by Council member Orttel to adopt the following:
A RESOLUTION ORDERING PREPARATION OF A SUPPLEMENTAL
FEASIBILITY REPORT FOR THE IMPROVEMENT OF PROJECT NO. 00-18
FOR THE EXTENSION OF MSA STREET (ANDOVER BOULEVARD NW).
WHEREAS, the City Council of the City of Andover is cognizant of the need
for improvements, specifically the Extension of MSA Street (Andover Boulevard
NW); and
WHEREAS, the City Council proposes to assess the benefiting property for
all or a portion of the costs of the improvement, pursuant to Minnesota Statutes
429.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council is cognizant of the need for improvements.
2. The proposed improvement is hereby referred to SEH and they are
instructed to provide the City Council with a supplemental feasibility report.
MOTION seconded by Council member Trude and adopted by the
City Council at a reqular meeting this 20th day of March , 2001, with
Council members Orttel. Trude, Gamache, Jacobson, Kniqht (absent) voting in
favor of the resolution, and Council members none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
-:;:ff Q(~-??1 ¿
ATTEST: ;ZtA')fl~1-" ç¿ ~,..-v;
'Michael R Gamache - Mayor
dJ~ äÞ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 052-01
WHEREAS, the City of Andover is planning on implementing Municipal
State Aid Street Project(s) in 2001 which will require State Aid funds in excess of
those available in its State Aid Construction Account; and
WHEREAS, said City is prepared to proceed with the construction of said
project(s) through the use of advance encumbrances from the general State Aid
Construction Account to supplement the available funds in their State Aid
Construction Account; and
WHEREAS, repayment of the funds so advanced will be made in
accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6 and
Minnesota Rules, Chapter 8820.
NOW, THEREFORE, BE IT RESOLVED that the Commissioner of
Transportation be and is hereby requested to approve this advance for financing
approved Municipal State Aid Street Projects of the City of Andover in an amount
up to $500,000.00 in accordance with Minnesota Rules 8820.1500, Subparagraph
9, and to authorize repayments from the following year's accruals to the
Construction Account of the Municipal State Aid Street fund for said City.
I HEREBY CERTIFY that the above is a true and correct copy of a
resolution presented to and adopted by the City of Andover, County of Anoka,
State of Minnesota, at a duly authorized meeting thereof held in the City of
Andover, Minnesota on the 20th day of March, 2001 , as disclosed by the
records of said City on file and of record in the office.
CITY OF ANDOVER
~7~ ~'/? /(./
ATTEST: /7µ,A ,/1' ~:Þ
ÞÁichael R. Gamache - Mayor
fL£~ ¿JJt¿
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R051-01
MOTION by Councilmember Orttel and seconded by Councilmember Trude to
adopt the following:
A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF CHESTERTON
COMMMONS NORTH SECOND ADDITION. AS BEING DEVELOPED BY ASHFORD
DEVELOPMENT CORPORATION, IN SECTION 14-32-24, Anoka County, Minnesota.
WHEREAS, the City Council approved the preliminary plat of the development of
Chesterton Commons North Second Addition; and
WHEREAS, the developer has presented the final plat of Chesterton Commons North
Second Addition; and
WHEREAS, the City Engineer has reviewed such plat for conformance with the
preliminary plat; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby approve the final plat of Chesterton Commons North Second Addition contingent upon
receipt of the following:
1. The City Attorney presenting a favorable opinion.
2. Security to cover legal, engineering, street sign and installation 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 is completed, a letter from the developer's engineer that lots
and streets are graded according to the grading plan submitted and approved by the City.
4. The final plat 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 {streets,
utilities, etc.}) and a contract for the improvements awarded.
5. Street light costs to be paid to Connexus Energy. Costs to be determined by Connexus
Energy.
6. Receipt of all necessary drainage and utility easements within and outside the plat if
necessary.
7. Developer shall obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, CCWD,
MPCA and any other agency that may be interested in the site.
8. Park dedication as recommended by the Park and Recreation Commission and approved by
the City Council.
Page Two
Resolution - Final Plat
Chesterton Commons North Second Addition
March 20, 2001
9. Contingent on staff review and approval for compliance with City ordinances, polices &
guidelines.
10. A variance from Ordinance No.8, Section 6.02 for the minimum lot depth requirement of
130' for Lot 1, Block 3. A nine (9') foot variance is requested.
11. The final plat shall be recorded within thirty (30) days of notification of the approval by the
City Clerk.
12. Trail to be constructed along the south side of 1615' Avenue NW in accordance with the
Andover Comprehensive Trail Plan. Trail to be paid for with trail fees.
Adopted by the City Council of the City of Andover this 20th day of March ,
2001.
CITY OF ANDOVER
ATTEST: £(.i'~yo,
(L/;/ùA/ d/£
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 050-01
MOTION by Council member Orttel to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 01-2
FOR NEW BALL FIELD PARKING LOT.
WHEREAS. the City Council is cognizant of the need for the parking Jot; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of New Ball Field Parkinq Lot, Project 01-2; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the .....9tL
Enqineer to prepare the plans and specifications for such improvement project
MOTION seconded by Councilmember Trude and adopted by the
City Council at a reqular meeting this 20th day of March , 2001 , with
Councilmembers Orttel, Trude. Gamache. Jacobson. Kniqht (absent) voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~~~-d-/
<'Michael R Gamache - Mayor
~ (),ß
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 049-01
MOTION by Councilmember Orttel to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
OBTAINING QUOTES FOR PROJECT NO. 00-44 , FOR HIDDEN CREEK
NORTH PARK/IRRIGATION.
WHEREAS, pursuant to Resolution No. 003-01 , adopted by the City
Council on the 3'd day of January , 2001 ,Anderson-Johnson Associates. Inc.
has prepared final plans and specifications for Project 00-44 for Hidden Creek North
Park/lrriqation .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 20th day of March , 2001 .
WHEREAS, the quote opening is scheduled for Wednesday. April 11 , 2001 at
10:00AM
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby approve the Final Plans and Specifications.
MOTION seconded by Councilmember Trude and adopted by the
City Council at a reqular meeting this 20th day of March , 2001 , with
Councilmembers Orttel. Trude, Gamache. Jacobson, Kniqht (absent) voting in
favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: r;1¡;~vJ/rÁ? ~d~
ichael R Gamache - Mayor
~ I/~V
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 048-01
MOTION by Council member Ortlel to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-37 ,
TOWNHOMES OF WOODLAND CREEK .
WHEREAS, pursuant to Resolution No. 032-01, adopted by the City
Council on the 6th day of March ,2001, the City Enaineer has prepared
final plans and specifications for Project 00-37 for the Townhomes of Woodland
Creek.
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 20th day of March , 2001 .
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, April12 ,2001 at the Andover City Hall.
MOTION seconded by Council member Trude and adopted by the
City Council at a reqular meeting this 20th day of March , 2001 , with
Council members OrUel. Trude, Gamache, Jacobson, Kniaht (absent) voting in
favor of the resolution, and Council members none voting against, whereupon
said resolution was declared passed.
CITY OF ANDOVER
~~~ /
ATTEST: ';,./-y.:' ¡, ¿::/r: ~~ _:?~
Michael R Gamache - Mayor
(L,;6;-~ ä.¿Þ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 047-01
MOTION by Councilmember Orttel to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-8 ,FOR
SUNSHINE PARK PARKING LOT EXPANSION & BITUMINOUS TRAIL
IMPROVEMENTS .
WHEREAS, pursuant to Resolution No. 035-01 , adopted by the City
Council on the 6th day of March , 2001 ,the Citv Enoineer has prepared
final plans and specifications for Project 00-8 for the Sunshine Park Parkino Lot
Expansion & Bituminous Trail Improvements .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 20th day of March ,2001.
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 10:00AM, April 16 , 2001 at the Andover City Hall.
MOTION seconded by Councilmember Trude and adopted by the
City Council at a reoular meeting this 20th day of March , 2001 , with
Councilmembers Ortlel. Trude. Gamache. Jacobson. Knioht (absent)
voting in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
;;:f:; ~ {i;d /
-- '" J J~/ /.P
ATTEST: :7;~. r.:;T'~ &,.-/.0<.-
/IV1ichael R Gamache - Mayor
fl,;t;;;..v (J,I/!ú
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 046-01
MOTION by Council member Ortlel to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 01-4 FOR 2001 SEA: COATING.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
013-01 ,dated February 6, 2001, bids were received, opened and tabulated
according to law with results as follows:
Allied Blacktop $141,848.00
Pearson Bros. $148,775.50
Bituminous Roadways $160,687.50
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 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 in the amount of $141.848.00 for construction of the
improvements; and direct the City Clerk to return to all bidders the deposits made with their
bids, except that the deposit of the successful bidder and the next lowest bidder shall be
retained until the contract has been executed and bond requirements met ,
MOTION seconded by Council member Trude and adopted by the
City Council at a reaular meeting this 20th day of March , 2001 , with
. Council members Ortlel, Trude, Gamache, Jacobson. Kniaht (absent) voting in favor
of the resolution, and Council members none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: '~~ß 4~
/~~ t'/t:;. - .
. Michael R Gamache - Mayor
tL~()$
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 045-01
MOTION by Council member Orttel to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 01-3 FOR 2001 CRACK SEALING.
WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No.
012-01 , dated February 6, 2001, bids were received, opened and tabulated
according to law with results as follows:
Precision Seal Coating, Inc. $70,938.95'
Allied Blacktop $81,878.75
Daffinson Asphalt Maintenance $85,695.12
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover
to hereby accept the bids as shown to indicate Precision Seal Coatinq, Inc. as
being the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter
into a contract with Precision Seal Coatinq, Inc in the amount of $70.938.95 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 Trude and adopted by the
City Council at a reqular meeting this 20th day of March , 2001 , with
Council members Orttel. Trude. Gamache. Jacobson. Kniqht (absent) voting in favor
of the resolution, and Council members none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
X tf':/.? A ~
C,W":':/ .<"'-
ATTEST: £<-p 0~,/ ~
Michael R Gamache - Mayor
,
~t~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 044-01
A RESOLUTION SETTING FEES FOR TRAILS IN COMMERCIAUINDUSTRIAL
AND RESIDENTIAL DEVELOPMENTS.
The City Council of the City of Andover hereby resolves:
Trail Fee (Commercial/Industrial)
The developer is responsible for 100% of the cost of the adjacent trail if the trail is
proposed as part of the adopted comprehensive plan.
Trail Fee (Residential)
Single Family Residence $400 per unit
Townhome, Twin home, Multi-Family
and Lot Splits
These fees shall be effective March 20, 2001 and shall be paid prior to the final
plat being recorded at the County.
Adopted by the City Council of the City of Andover this 20th day of March,
2001.
CITY OF ANDOVER
;7}( ~'l:A ¿'
ATTEST: /;t:'tA' "/f'" .PJl7t--;:"-Z-"'
cMichael R Gamache - Mayor
! . {/J-é'~
aA/Ç~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. ROO-Ol
A RESOLUTION AMENDING RESOLUTION NO. 284-00 SETTING FEES
FOR CASH IN LIEU OF LAND DEDICATION (PARK LAND).
The City Council of the City of Andover hereby resolves:
Cash in Lieu of Land Dedication (Residential)
Single Family Residence $1,300 ;Ii 1.700 per unit
Town Home and Twin Home $1,300 $1.700 per unit
Apartment (Multi-Family) $1,300 $1.700 per unit
Lot Splits $I,3g0 $1.700 per unit
Note: These fees shall be effective March 20, 2001. Final plats approved in 2001
that received preliminary plat approval in 2000 shall be subject to the 2000 park
dedication fee of $ I ,300 per unit. Any final plat not approved in 2001 shall be
subject to the current year fee in which final plat approval is granted.
Adopted by the City Council of the City of Andover on this 20th day of March,
200L
A TIEST: CITY OF ANDOVER
¡jJ;;;w /UL;
Victoria Volk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. R042-01
A RESOLUTION GRANTING THE LOT SPLIT OF DAVID AND SHARON
SZYKULSKI TO SPLIT THE WESTERN .81 ACRES FROM A 1.42 ACRE PARCEL
LOCATED AT 752 l40TH LANE NW.
WHEREAS, David and Sharon Szykulski requested to split a .81 acre parcel from a 1.42
acre parcel, pursuant to Ordinance No. 40. Said property to be split is legally described
as follows:
THE WEST 277.7 FEET OF THE NORTH 10 ACRES OF ALL THAT PART OF
GOVERNMENT LOT 1 SECTION 36-32-24 ANOKA COUNTY, MN LYING WEST
OF THE PUBLIC ROAD AS NOW LOCATED RUNNING IN A NORTHERLY AND
SOUTHERLY DIRECTION OVER AND ACROSS SAID LOT 1 ACCORDING TO
THE UNITED STATES SURVEY THEREOF (EXCLUDING THE NORTH 218 FEET
THEREOF) (SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR ROAD
PURPOSES OVER THE SOUTH 66 FEET OF THE WEST 251 FEET OF THAT PART
OF GOVERNMENT LOT 1 LYING WEST OF SAID PUBLIC ROAD) ALSO
(SUBJECT TO A TURN AROUNp EASEMENT OVER THE WEST 100 FEET OF
THE SOUTH 17 FEET OF THE NORTH 268 FEET OF SAID GOVERNMENT LOT
1).
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No. 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 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:
L Lot buildability to be confirmed by the Building Official.
Page Two
Resolution
Lot Split 01-02
David and Sharon Szykulski (752 I 40th Lane NW)
2. The applicant submit a property survey showing that both lots meet or exceed the
minimum lot requirements as stated in Ordinance No.8, Section 6.02.
3. The applicant pay the applicable park dedication and trail fees for the newly
created lot as stated in the fee schedule as adopted by City COW1cil resolution.
4. The Jot split be subject to a sunset clause as defined in Ordinance No. 40, Section
3(E).
Adopted by the City COW1cil of the City of Andover on this 20 t8ay of March ,2001.
ATTEST: CITY OF ANDOVER
~ ()¿v '~«'ø/ K.A-~
Victoria Volk, City Clerk MÍchael R. Gamache, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO.RO 41- 01
A RESOLUTION GRANTING THE LOT SPLIT OF JAIME AND BERNICE
HUMNICK TO SPLIT THE SOUTHERN 2.5 ACRES OF A 10 ACRE PARCEL
LOCATED AT 3425 161ST A VENUE NW.
WHEREAS, Jaime and Bernice Humnick requested to split a 2.5 acre parcel from a 10
acre parcel, pursuant to Ordinance No. 40. Said split is legally described as the south 2.5
acres of the following parcel:
Unplatted City of Andover the E 330 feet of the NE Y. of Section 27-32-24; excluding
road; subject to easements of record.
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No. 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 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:
l. The applicant submit a property survey showing that both lots meet or exceed the
minimum lot requirements as stated in Ordinance No.8, Section 6.02.
2. The applicant pay the applicable park dedication and trail fees for the newly
created lot as stated in the fee schedule as adopted by City Council resolution.
3. The lot split be subject to a sunset clause as defined in Ordinance No. 40, Section
3(E).
Page Two
Lot Split 01-01 (Humnick)
Resolution
Adopted by the City Council of the City of Andover on this 20 day of March,200L
ATTEST: CITY OF ANDOVER
Il.j;'~~J d.¿¿ ~Æ:.
Victoria Volk, City Clerk ichael R. Gamache, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R040-01
MOTION by Councilmember KniQht seconded by Councilmember Jacobson to
adopt the following:
A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT
OF THE TOWN HOMES OF WOODLAND CREEK, AS BEING DEVELOPED BY WOODLAND
DEVELOPMENT CORPORATION, IN SECTION 32-32-24.
WHEREAS, the City Council has approved the preliminary plat of the Planned Unit
Development of the Townhomes of Woodland Creek ; and
WHEREAS, the Developer has presented the final plat of the Townhomes of Woodland
Creek.
WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby approve the final plat of the T ownhomes of Woodland Creek contingent upon receipt of
the following:
1. The City Attorney presenting a favorable opinion.
2. Security to cover legal, engineering, street sign and installation 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 is completed, a letter from the developer's engineer that lots
and streets are graded according to the grading plan submitted and approved by the City.
4. The final plat 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 {streets,
utilities, etc.}) and a contract for the improvements awarded.
5. Street light costs to be paid to Connexus Energy. Costs to be determined by Connexus
Energy.
6. Receipt of all necessary drainage and utility easements outside the plat if necessary.
7. Subject to final review of City Staff for compliance with City ordinances, policies, guidelines
and conditions of preliminary and final plat approval.
8. Developer is responsible to obtain 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.
Page Two
Resolution - Final Plat
Townhomes of Woodland Creek
Woodland Development Corporation
March 6, 2001
9. Park dedication as recommended by the Park and Recreation Commission and approved
by the City Council.
10. Filing of Articles of Incorporation, Bylaws, Declarations and all other association
documents, and easements with the Anoka County Recorder.
11. The development standards approved with the Amended Special Use Permit for the
Planned Unit Development by the City Council on December shall become the only listing
of variances approved on the preliminary plat
12. A variance shall be granted to ordinance NO.1 0, Section 9.01 (D) to allow Outlot A. Outlot
A shall remain under the ownership, control and maintenance of the association as
common open space.
Adopted by the City Council of the City of Andover this -º1!L day of March, 2001.
CITY OF ANDOVER
ATTEST: ~£A. .¿
Ichael R. Gamache - Mayor
tL~ (/~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 039-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC
HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 00-39 FOR SANITARY
SEWER. WATERMAIN. STREET AND STORM SEWER IN THE AREA OF
CHESTERTON COMMON NORTH 2NLJ ADDITION.
WHEREAS, the City Council did on the ~ day of December ,2000,
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 6th day of March ,2001; 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 $ 566.921.00.
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 $ 566.921.00, waive the Public Hearing 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
BE IT FURTHER RESOLVED by the City Council to hereby require the
developer to escrow for the sum of $ 85.038.00 with such payments to be
made prior to commencement of work on the plans and specifications
MOTION seconded by Councilmember Trude and adopted by the
City Council at a regular meeting this ~ day of March , 2001 , with
Councilmembers Trude, Orttel. Gamache, Jacobson. Kniqht voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~~d~
l1VIichael R. Gamache - Mayor
d~ ()~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 038-01
A RESOLUTION ESTABLISHING PERMIT FEES AND SERVICE CHARGES TO BE
COLLECTED BY THE CITY OF ANDOVER.
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES:
The following permit fees are hereby established for the year 2001.
The pennit fee schedule for the Building Department for 2001 shall be as follows:
L State of Minnesota Building Valuation Data, cost per square foot, dated May 1998.
II. Fees for Commercial Buildings shall be computed on the contract bid price. Plan check fee
shall be 65% of the permit fee.
IIL Permit fee shall be based on the 1997 Uniform Building Code Schedule lA.
The above fees apply to repairs and alterations requiring inspections as well as all new installations.
Adopted by the City Council of the City Andover this 6th day of March 2001.
A TIEST: CITY OF ANDOVER
cL~ () ..£t.- ~~d~
Victoria Volk, City Clerk ¡chael R. Gamache, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 037-01
A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST FOR ANOKA-
HENNEPIN INDEPENDENT SCHOOL DISTRICT #11 TO INSTALL ONE (I), 10,000
GALLON UNDERGROUND DOUBLE WALL FUEL OIL STORAGE TANK ON THE
PROPERTY LOCATED AT 169XX VERDIN STREET NW, LEGALLY DESCRIBED AS
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA.
WHEREAS, Anoka-Hennepin Independent School District #11 has requested a Special Use
Permit to install a 10,000 gallon underground fuel oil storage tank; and
WHEREAS, the Planning and Zoning Commission has held a public hearing to review the
request and has determined that said request meets the criteria of Ordinance No.8, Sections 4.26
and 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, 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
agrees with the recommendation of the Planning and Zoning Commission and approves the
Special Use Permit on said property with the following conditions:
l) The applicant obtain all required permits necessary for the installation of the fuel
oil tank and piping connections to boilers and other fuel burning apparatus.
2) The proposed installation work shall comply with all applicable federal and State
and local fire and building codes regulating the storage of fueL
3) The Special Use Permit shall be subject to a sunset clause as defined in Ordinance
No.8, Section 5.03(D).
Adopted by the City Council of the City of Andover on this 6th day of March, 2001.
ATTEST: CITY OF ANDOVER
u- drib ~~d~
~ Victoria Yolk, City Clerk Michael R. Gamache, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R036-01
MOTION by Councilmember Trude and seconded by Councilmember
Ortlel to adopt the following:
A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF WOODLAND
OAKS, AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CORPORATION, IN
SECTION 14-32-24, Anoka County, Minnesota.
WHEREAS, the City Council approved the preliminary plat of the Development of
Woodland Oaks; and
WHEREAS, the Developer has presented the final plat of Woodland Oaks; and
WHEREAS, the City Engineer has reviewed such plat for conformance with the
preliminary plat; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to
hereby approve the final plat of Woodland Oaks contingent upon receipt of the following:
1. The City Attorney presenting a favorable opinion.
2. Security to cover legal, engineering, street sign and installation 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 is completed, a letter from the developer's engineer that lots
and streets are graded according to the grading plan submitted and approved by the City.
4. The final plat 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 {streets,
utilities, etc.}) and a contract for the improvements awarded.
5. Street light costs to be paid to Connexus Energy. Costs to be determined by Connexus
Energy.
6. Receipt of all necessary drainage and utility easements within and outside the plat if
necessary.
7. Developer shall obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, CCWD,
MPCA and any other agency that may be interested in the site.
8. Park dedication as recommended by the Park and Recreation Commission and approved by
the City Council.
Page Two
Resolution - Final Plat
Woodland Oaks
March 6, 2001
9. Contingent on staff review and approval for compliance with City ordinances, polices &
guidelines.
10. A variance from Ordinance 10, Section 9.06(F) for Lots 3 & 4, Block 3 to allow the double
frontage lots.
11. A varianç;e from Ordinance NO.1 0, Sections 9.06A 1 and 4 for the minimum 100'
buildability requirement for the following lots:
a. Lots 14 & 15, Block 4 (10' variance).
b. Lot 6, Block 3, (10' variance).
c. Lots 7 & 8, Block 1 (8' variance).
12. A variance from Ordinance No.8, Section 6.02 for the minimum lot depth requirement of
130' for Lots 9-12, Block 4. A 2' variance is requested for each lot.
13. The final plat shall be recorded within thirty (30) days of notification of the approval by the
City Clerk.
Adopted by the City Council of the City of Andover this ~ day of March
2001.
CITY OF ANDOVER
ATTEST: ~~4?~
ichael R. Gamache - Mayor
~ ¡}.æ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 035-01
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. 00-8
FOR SUNSHINE PARK PARKING LOT & BITMINONOUS TRAIL IMPROVEMENTS.
WHEREAS, the City Council is cognizant of the need for the parking lot and trail
improvements; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of Sunshine Park Parkinq Lot & Bituminous Trail Improvements, Project
00-8; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the --º11Y-
Enaineer 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 ~ day of March , 2001 ,with
Councilmembers Trude. Orttel. Gamache. Jacobson. Kniaht 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~ oæ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 034-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC
HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 00-41 FOR SANITARY
SEWER. WATERMAIN. STREET AND STORM SEWER IN THE AREA OF
WHITE PINE ESTATES.
WHEREAS, the City Council did on the ~ day of December ,2000,
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 6th day of March ,2001; and
WHEREAS, the property owners have waived the right to a Public Hearing;
and
WHEREAS, the City Council has reviewed the feasibility study and declares
the improvement feasible, for an estimated cost of $ 1.283.766.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby receive the feasibility report with an estimated total cost of
improvements of $ 1.283.766.00 , waive the Public Hearing 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.
BE IT FURTHER RESOLVED by the City Council to hereby require the
developer to escrow for the sum of $ 192.565.00 with such payments to be
made prior to commencement of work on the plans and specifications
MOTION seconded by Councilmember Ortlel and adopted by the
City Council at a reaular meeting this ~ day of March , 2001 , 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: ~~~
Ichael R. Gamache - Mayor
d . I ¡J..¿b
<~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 033-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC
HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 00-40 FOR SANITARY
SEWER. WATERMAIN. STREET AND STORM SEWER IN THE AREA OF
WOODLAND OAKS.
WHEREAS, the City Council did on the ~ day of December ,2000,
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 6th day of March ,2001; and
WHEREAS, the property owners have waived the right to a Public Hearing;
and
WHEREAS, the City Council has reviewed the feasibility study and declares
the improvement feasible, for an estimated cost of $ 1.234.865.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby receive the feasibility report with an estimated total cost of
improvements of $ 1.234.865.00 , waive the Public Hearing 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.
BE IT FURTHER RESOLVED by the City Council to hereby require the
developer to escrow for the sum of $ 185.230.00 with such payments to be
made prior to commencement of work on the plans and specifications
MOTION seconded by Councilmember Orttel and adopted by the
City Council at a reQular meeting this ~ day of March , 2001 , with
Councilmembers Trude, Orttel. Gamache, Jacobson. KniQht voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~t/Rsd~
Michael R. Gamache - Mayor
r. J~
rL~:v úv
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 032-01
MOTION by Council member Trude to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC
HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 00-37 FOR SANITARY
SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOllOWING
AREA TOWNHOMES OF WOODLAND CREEK.
WHEREAS, the City Council did on the ~ day of December ,2000,
order the preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility stud~ was prepared by the Citv Enaineer
and presented to the Council on the 6 day of March , 2001 ; 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 $ 239.900.00
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 $ 239.900.00 , waive the Public Hearing and order
improvements.
BE IT FURTHER RESOLVED by the City Council to hereby direct the.Q.i!Y-
Engineer 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 $ 35,985.00 with such payments to be
made prior to commencement of work on the plans and specifications
MOTION seconded by Councilmember Ortlel and adopted by the
City Council at a reaular meeting this ~ day of March , 2001 , with
Councilmembers Trude, Ortlel. Gamache. Jacobson. Knight voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~~J~
,MÍchael R. Gamache - Mayor
I L:t... dr/£.
tl (...tV
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 031-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC
HEARING ON IMPROVEMENTS OF 2000 STREET & UTILITY
RECONSTRUCTION PROJECT NO. 00-5 IN THE 71H AVENUE AREA.
WHEREAS, pursuant to Resolution No. 020-00, adopted the 18th day of
Januarv, 2000 a Feasibility Report has been prepared by the City Enaineer for the
improvements: and
WHEREAS, such report was received by the City Council on the 16th day
of Januarv , 2001; and
WHEREAS, such report declared the proposed assessment to be feasible
for an estimated cost of ~3.407,750.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council hereby accepts the Feasibility Report for Project No. 00-5, for
the improvements.
2. The Council will consider the improvements in accordance with the report and
the assessment of abutting property for all or a portion of the improvement
pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the
improvement of $3.407.750.00 1ih
3. A public hearing shall be held on such proposed improvement on the
day of April , 2001 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 Ortlel and adopted by the
City Council at a reQular meeting this ~ day of March , 2001 ,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: ~€ :?' .'
ichael R. Gamache - Mayor
dL'~
.~- {l,-f:-
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 030-01
A RESOLUTION AMENDING RESOLUTION NO. 284-00 ESTABLISHING PERMIT FEES,
SERVICE CHARGES AND VARIOUS OTHER FEES.
The City Council of the City of Andover hereby resolves:
Unit Connection Charaes
Residential $1, 425.00 $1.840.00 per unit
Non-residential, per REC $ 810.00 $1.046.00 per unit
or $8, 199.9G $10.460.00 per acre
whichever is higher
Water Area Charaes
Residential & Commercial $1,231.00 $1.686.00 per acre
Adopted by the City Council of the City of Andover on this 20th day of February, 2001.
CITY OF ANDOVER
ATTEST: ';7Æ~/r'~~¿
~ichael R Gamache, Mayor
~tJg
Victoria Volk, City Clerk
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R 029·01
A RESOLüTION GRANTING THE SPECIAL USE PERMIT REQUEST OF DB. LAND COMPANY
TO ALLOW FOR THE CONSTRUCTION OF AN AREA IDENTIFICATION SIGN PURSUANT TO
ORDINANCE NO.8 SECTION 8.07(D)(2)(H) ON THE PROPERTY LOCATED AT I4XXX
HUMMINGBIRD STREET NW, LEG ALL Y DESCRlBED AS LOT 27, BLOCK 2, NATURES RUN.
WHEREAS, D.H. Land Company has requested a Special Use Permit to allow the construction of an Area
Identification Sign on the property located at 14xxx Hummingbird St. NW. Said property is legally
described Lot 27, Block 2, Natures Run.
WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said
request meets the criteria of Ordinances No.8; 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 statues; 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 agrees with
the recommendation ofthe Planning and Zoning Commission and approves the Special Use Permit on said
property with the following conditions:
I. That the applicant submits a drawing of the proposed sign and dimensions.
2. That the sign location meets all setback requirements.
3. That the Special Use Permit be subject to an annual review by staff.
4. That the applicant executes a written agreement for the maintenance of the sign.
5. That the applicant obtain a sign permit prior to erection of the sign.
6. That the Special Use Permit be subject to a sunset clause as defmed in Ordinance No.8,
Section 5.03 (D).
Adopted by the City Council of the City of Andover on this 20th day ofFebruarv. 2001.
ATTEST: CITY OF ANDOVER
~ d~.
u.
Victoria Volk, City Clerk ichael R. Gamache, Mayor
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R028-01
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF D. H.
LAND COMPANY FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A
RESIDENTIAL DEVELOPMENT CONSISTING OF FIFTY-FOUR (54) TOWNHOME
UNITS TO BE KNOWN AS THE SUBDIVISION OF "NATURE'S RUN" ON THE
PROPERTY LEGALLY DESCRIBED ON EXHIBIT A.
WHEREAS, D.H. Land Company has requested a Special Use Permit for a Planned Unit
Development to develop a residential development consisting of fifty-four townhome
units to be known as the subdivision of "Nature's Run" pursuant to Ordinance No.8,
Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance
regulating Planned Unit Developments on the property legally described on Exhibit A;
and
WHEREAS, the City Council has reviewed the request and has determined that said
request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Council
finds the proposed use will not be detrimental to the health, safety, morals and general
welfare of the occupants of the surrounding lands; and
WHEREAS, the City Council finds the request would not have a detrimental effect on
the property values and scenic views of the surrounding area; and
WHEREAS, the City Council finds the request meets the criteria of Ordinance No.8,
Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance
regulating Planned Unit Developments; and
WHEREAS, the proposed development meets the intent of and is in harmony with the
Comprehensive Plan; and
WHEREAS, a public hearing was held before the Planning and Zoning Commission and
there was opposition to the request; and
WHEREAS, the Planning and Zoning Commission is recommending to the City Council
the approval of the Special Use Permit as requested.
Page Two
Resolution - SUPIPUD of Nature's Run
February 20, 2001
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 will
allow D.H. Land Company to develop a Planned Unit Development on said property with
the following conditions:
L All variances to Ordinances No.8 and 10 associated with the approval of the Special Use
Pennit for the Planned Unit Development shall be as listed on the development standards
(Exhibit B of this Resolution) and shall become the only variances and approved standards for
the development.
2. That the Special Use Pennit shall be subject to a sunset clause as defined in Ordinance No.8,
Section 5.03(D).
3. The Special Use Permit shall be subject to annual review by Staff.
4. The Special Use Permit for the Planned Unit Development shall be contingent upon the
approval of the comprehensive plan amendment, contract rezoning and the preliminary plat of
Nature's Run. If anyone of these applications or requests fails to be approved, in whole or in
part, the special use pennit shall be considered null and void.
5. A property owners association shall be created with the following documents provided to the
City for review and approval by the City Council prior to being recorded with the final plat in
accordance with Ordinance No. 112:
a. Articles ofIncorporation
b. By-laws ofthe association
c. Declaration of covenants, conditions and restrictions regulating the properties,
maintenance of the common areas.
6. A variance is granted to Ordinance No. 205 to allow the structures to be similar in exterior
architectural design and appearance.
Adopted by the City Council of the City of Andover on this 20th day of Februarv.
2001.
ATTEST CITY OF ANDOVER
d.::~ ¿/;.-/b ~ÁL
Victoria V olk, City Clerk
Exhibit A
Lel!al Description
The Northeast Quarter of the Southeast Quarter of Section 27, Township 32,
Range 24, Anoka County, Minnesota, except that part of the North 231.00
feet of said Northeast Quarter of the Southeast Quarter lying west of a line
drawn southerly, parallel with the East line of said Northeast Quarter of the
Southeast Quarter from a point on the North line of said Northeast Quarter
of the Southeast Quarter distant 701.25 feet West of the Northeast Corner of
said Northeast Quarter of the Southeast Quarter.
Exhibit B
I
I --
IØill DEVELOPMENT STANDARDS ¡gr . ;:m;m
M-I PROPOSED
SíREEí JOG (OffSEí) 330' 235'
CUL-DE-SAC LENGíH 500' 1453'
LOí WIDíH A í SEíSACK 150' 43,7/51.7
LOí DEPíH 150' 74,3/76.3
SUILDING SETSACKS
fRONT 30' 20'
SIDE í 0 SíREET 30' 20'
SUILDA6LE DEPTH Of LOíS:
qO' MINIMUM SUILDASLE DEPTH VARIANCE REaUf;STED POR UNITS:
BLOCK I
UNITS 7,6,16,23,24
BLOCK 2
UNlíS 1-10
ALL OíHER UNITS MEn THE 100' BUILDASLE DEPíH
V ARIA6LE WIDTH WETLAND SUfPER
VARIASLE WIDíH SUPPER IS PART OP PUD PROPOSAL RESULTING IN
1.35 ACRES or SUPPER AREA RATHER THAN THE 0.64 ACRES
THA í WOULD SE CREATED SY íHE íYPICAL 16.5' SUPPER.
,
I
Development Standards
;¡~:'=:=H~~";""":'::'''-=~~r. NA TURE& RUN
Z1'~':';$"2":~~~· M(~);i':'~:;?~~~~
--.................... ................---
I
CITY OF ANDOVER
COUONTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 027-01
A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN FOR DH
LAND COMPANY FOR NATURES RUN LOCATED AT 1650 ANDOVER
BOULEVARD NW.
WHEREAS, DH Land Company has petitioned to amend the Comprehensive Land Use
Plan on approximately 31.3 acres in conjunction with Natures Run (PIN# 27-32-24-41-
0001 and 0002) as fo1lows:
1. Re-designate land from RU, Residential Urban Single Family to RM,
Residential Medium Density on approximately 5 acres (PIN# 27-32-24-41-
0001) lega1ly described in Exhibit A.
2. Re-designate land from OS, Open Space to RM, Residential Medium Density on
approximately 26.3 acres (PIN# 27-32-24-41-0002) lega1ly described in Exhibit
B.
WHEREAS, a public hearing was held pursuant to state statutes; 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 amendment 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 said amendment to the Comprehensive Land Use Plan with the fo1lowing
condition:
1. Approval by Metropolitan CounciL
Adopted by the City Council of the City of Andover on this 20th day of Februarv, 2001.
ATTEST: CITY OF ANDOVER
;L~ ()¿¿ 0:u/~æ4¿"
Victoria Volk, City Clerk ¡Michael R. Gamache, Mayor
EXHIBIT A
Le~a1 Description
UNPLATTED CITY OF ANDOVER THAT PART OF THE NE Y. OF SE Y4 OF
SEC 27-32-24 ANOKA COUNTY, MN SESC AS FOL-COM AT A POINT ON
THE N LINE OF SAID NE Y. OF SE Y. DIST 701.25 FT E OF THE NW
CORNER OF SAID NE Y. OF SE I;' AS MEAS ALONG SAID N LINE- TH S
PRLL WITH THE E LINE OF SAID NE Y. OF SE Y. 660 FT - TH E PRLL WITH
THE N LINE OF THE SE Y. OFNE Y. 330 FT- THNPRLL WITH THE E LINE
OF THE NE 1;' OF THE SE Y. 660 FT TO THEN LINt THEREOF - TH W
ALONG SAID N LINE TO THE POINT OF BEG (SUBJ TO CNTY STATE AID
HWT NO. 16 ALONG THE N LINE THEREOF)
EXHIBIT B
Le¡¡a1 Description
THE NE Y. OF THE SE Y. OF SEC 27-32-24, EX THAT PRT OF SD Y. Y. DESC
AS FOL: BEG AT N\V COR OF SD Y. y., TH S ALG W LJJ\TE THEREOF 231
FT, TH E PRLL/W N LINE OF SD Y. Y. 701.25 FT, TH N PRLL/W SD W LINE
TO SD N LINE, TH W ALG SD N LINE 701.25 FT TO POB, ALSO EX THAT
PRT OF SD Y. Y. DES CAS FOL: BEG AT APT ONNLINE THEREOF 701.25
FT EOF NW COROF SD Y. y., TH S PRLL/W E LIJ\TE THEREOF 660 FT, TH E
PRLLlW SD N LINE 330 FT, TH N PRLL/W SD E LINE 660 FT TO SD N
LINE, TH W ALG SD N LINE TO POB, EX RDS, SUBJ TO EASE OF REC
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R026-01
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED
UNIT DEVELOPMENT OF "NATURE'S RUN" BY DR LAND COMPNA Y
LOCATED IN SECTION 27, 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
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. The variances or development standards shall become the only listing of variances to
Ordinances No.8 and 10 approved on the plat
6. Such plat approval is contingent upon a development agreement acceptable to the
City Attorney.
7. Trails/walkways to be provided as required by the City Council.
,
Page Two
Resolution - Nature's Run Preliminary Plat
February 20, 2001
8. Additional plantings of sufficient size and type to screen units along Hanson
Boulevard.
9. Outlot A be combined to Lot 29, Block I.
10. Materials and colors to be approved by the Council at final plat approvaL
I!. One building be removed from the northeast corner and reconfigure the homes
around the cul-de-sac to reduce the variances sought by the builder.
Adopted by the City Council of the City of Andover this 20th day of
, Februarv ,20--ºL.
CITY OF ANDOVER
ATTEST:
d:;L a../ú .~~
Victoria V olk, City Clerk ichael R. Gamache, Mayor
.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 025-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING QUOTES FOR PROJECT NO. 00-36 ,FOR STORM SEWER
REPLACEMENT IN THE AREA OF MAKAH STREET NW & 1491H AVENUE NW .
WHEREAS, pursuant to Resolution No. 014-01 , adopted by the City
Council on the 6th day of February ,2001, the City Enqineer has prepared
final plans and specifications for Project 00-36 for Storm Sewer Replacement .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the 20th day of February ,2001. ,
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 Kniqht and adopted by the
City Council at a reqular meeting this 20th day of February , 2001 , with
Councilmembers Jacobson. Kniqht, Gamache. Orttel. Trude
voting in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: .-;::.7;~~ 'iJ'?>-"~
ichael R. Gamache - Mayor
t.Lt-~--, ¡J'¿b
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 024-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 00-17 FOR THE 7TH AVENUE TRAIL
WHEREAS, the City Council is cognizant of the need for the trail; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of 7th Avenue Trail, Project 00-17; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the City
Enaineer to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember Kniaht and adopted by the
City Council at a reaular meeting this 20th day of Februarv , 2001 , with
Councilmembers Jacobson. Kniaht. Gamache. Orttel. Trude voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
~'- ~/~ ,.~
ATTEST: ~..¿}0~ tt:-
~L {LIb ~ichael R. Gamache - Mayor
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO. R023-0I
A RESOLUTION SETTING HYDRANT METER DEPOSITS AND RENTAL RATES.
The City Council of the City of Andover hereby ordains:
The following rates are set for hydrant meter deposits and rental rates, effective March 1,2001:
HYDRANT METER SIZE DEPOSIT RENTAL RATE
5/8" hydrant meter setup $250.00 $4.00 per day for the first seven (7) days
$2.00 per day thereafter for fuII rental period
3" hydrant meter setup $600.00 $5.00 per day for the first thirty (30) days
$3.00 per day thereafter for full rental period
3" hydrant meter w/backflow prevent $1000.00 $6.00 per day for the first thirty (30) days
$4.00 per day thereafter for full rental period
· Daily rental charges will apply beginning on the date the meter is issued through the date the meter is returned to the
City of Andover and will inciude weekend days. The City of Andover reserves the right to adjust the deposit amount
based on the estimated number of days the meter is expected to be in possession of the contractor.
· In addition to the applicable rental rates, a water usage charge per 1000 gallons will apply. This rate will be consistent
with the residential and commercial water rates currently used by the City of Andover.
· The contractor agrees to reimburse the City of Andover the actual replacement cost of meters, which are not returned
within seven days past the date the permit is valid. In addition, all monies on deposit for meter and water use charges
will be forfeited to the City of Andover.
The City of Andover agrees to provide the contractor will properly working meters, equipment, and permits. The contractor will
follow conditions set forth by permit and further will be responsible for any replacement, repair and/or reconditioning charges
necessary to return the meter and/or equipment to proper working order following the rental period. The contractor agrees to
maintain a valid permit available on site and immediately available to City of Andover personnel for inspection and validation.
Contractor further agrees to abide by the provisions set forth in City of Andover Ordinance #55, Section 33.
Adopted by the City Council of the City of Andover this 13th day of Februarv. 2001.
CITY OF ANDOVER
Attest: ~¥q?~~~
Michael R. Gamache- ayor
~ ()~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 022-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC
HEARING ON IMPROVEMENTS OF WATERMAIN & STREETS PROJECT NO.
00-29 IN THE LAKEVIEW TERRACE & ADJOINING AREAS.
WHEREAS, pursuant to Resolution No. 150-00, adopted the 18th day of
4YIY.., 2000 a Feasibility Report has been prepared by the City Engineer for the
improvements: and
WHEREAS, such report was received by the City Council on the 16th day
of Januarv , 2001; and
WHEREAS, such report declared the proposed assessment to be feasible
for an estimated cost of .$1,188.264.00 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council hereby accepts the Feasibility Report for Project No. 00-5, 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 $1.188.264.00 3rd
3. A public hearing shall be held on such proposed improvement on the day of April, 2001 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 Kniaht and adopted by the
City Council at a reaular meeting this ~ day of Februarv , 2001 , with
Councilmembers Jacobson. Kniaht. Gamache. Trude (absent), Ortiel (absent)
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
iL~ iI...tb
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 021-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 01-2 FOR THE BALL FIELD FACILITY
(WEST OF HIGH SCHOOl).
WHEREAS, the City Council is cognizant of the need for the ball field facility
(west of high school); and
NOW, THEREFORE BE IT RESOLVED by the City Council to order plans and
specifications for Ball Field Facilitv (West of High School), Project 01-2; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the City
Enaineer to prepare the plans and specifications.
MOTION seconded by Councilmember Kniaht and adopted by the
City Council at a reaular meeting this ~ day of Februarv , 2001 , with
Councilmembers Jacobson. Knight. Gamache. Trude (absent). Ortlel (absent) 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
~ ¿(...tb
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R020-0l
A RESOLUTION ORDERING CONDEMNATION OF LAND LOCATED IN SECTION 27 AND
LEGALLY DESCRIBED BELOW FOR THE DEVELOPMENT OF BALL FIELDS AND RELATED
USES.
WHEREAS, the City Council approves the condemnation of the following property:
That part of the west 290.00 feet ofthe east 776.26 feet ofthe Northwest Quarter of the Northwest Quarter of
Section 27, Township 32, Range 24, Anoka County, MÌ!U1esota, lying south of the north 250.00 feet thereof;
and
WHEREAS, the City Council has determined the need remove the agricultural preserve status and to
acquire the property for the development of ball fields and related uses; and
WHEREAS, in order to accomplish this need the property must be condemned.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
authorizes the City Attorney to commence condemnation proceedings on said property.
Adopted by the City Council of the City of Andover on this 6th day of February, 2001.
CITY OF ANDOVER
~~¿j~
ATTEST Michael R. Gamache, Mayor
¿-/;-' ~4
' 1A.-J )
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOULTIONNO.019-01
A RESOLUTION APPROVING THE AMENDED SPECIAL USE PERMIT FOR
RELIANT ENERGY MINNEGASCO TO UPGRADE THE EXISTING PEAK
SHAVING FACILITY ON THE PROPERTY LOCATED AT 14327 SEVENTH
A VENUE NW, LEGALLY DESCRIBED AS FOLLOWS:
THE NW V. OF THE SE v., EXCEPT DEHN'S ADDITION, DEHN'S 2ND ADDITION
AND EXCEPT THE 100' BY 125' PARCEL OWNED BY NORTHERN NATURAL
GAS COMPANY IN SECTION 30, TOWNSHIP 32, RANGE 24 IN ANOKA
COUNTY, MINNESOTA.
WHEREAS, Reliant Energy Minnegasco has requested to upgrade the existing peak
shaving station on the abovementioned property. The upgrades will include; the
replacement of the existing gas production equipment, including a new building and
removal of the existing building, the addition of three (3) propane storage tanks, the
addition of gas and fire detection equipment, the addition of remote monitoring
equipment, and additional landscaping.
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, 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 Amended Special Use Pennit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the Amended Special Use Permit on said property with the following
conditions:
I) That applicant receive commercial site plan approval trom the City.
2) The proposed upgrades comply with all applicable federal and State codes
regulating the transportation of natural gas, propane storage and local building and
fire codes.
Page Two
Resolution
Reliant Energy Minnegasco
2) The proposed upgrades comply with all applicable federal and State codes
regulating the transportation of natural gas, propane storage and local building and
fire codes.
3) Reliant Energy Minnegasco shall upgrade the Northern Natural Gas Transfer
Station to eliminate the existing noise, to berm and provide plantings to screen the
facility.
4) The temporary parking of semi trailers and other similar vehicles, storage
equipment and material on site shall cease immediately.
5) The flare for gas/propane burnoff shall be eliminated.
6) Substantial progress shall be made in the first year of issuance of the amended
special use permit as stated in Ordinance No.8, Section 5.03. Reliant Energy
Minnegasco shall have two (2) years to complete the project and upgrades.
7) The agreement on the trail as recommended by the Park and Recreation
Commission (February 2, 2001).
8) Subject to LRRWMO approval of the plan for water and drainage.
9) Subject to the approval of a commercial site plan for plantings and screening of
the facility.
Adopted by the City Council of the City of Andover on this 6th day ofFebruarv, 2001.
ATTEST: CITY OF ANDOVER
~ tlk - ~~
Victoria V olk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 018-01
A RESOLUTION AMENDING RESOLUTION NO. 284-00 ESTABLISHING PERMIT FEES,
SERVICE CHARGES AND VARIOUS OTHER FEES.
The City Council of the City of Andover hereby resolves:
Riqhts-of-Wav Permit Fee Structure
Excavation Permit Fee $200.00
Per Additional Excavation (paved area) $100.00 $30.00
Per Additional Excavation (unpaved area) $ 59.9Q $15.00
Mapping Fee $ 50.00 ($10.00 if in the Citv format)
Individual Service Work in Right-Of-Way $ 10.00/Service
Adopted by the City Council of the City of Andover on this 6th day of February, 2001.
CITY OF ANDOVER
ATTEST: ~~d~
'Michael R Gamache, Mayor
~ /vtL
{,
Victoria Volk, City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 017-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO
ODLAND CONSTRUCTION INC. FOR PROJECT NO. 00-22 FOR THE
IMPROVEMENT OF MISC. CONCRETE CURB & GUTTER .
WHEREAS, pursuant to a written contract signed with the City of Andover on
AUQust 15, 2000, Halvorson Concrete , Inc. of Ham Lake, MN, has
satisfactorily completed the construction in accordance with such contract
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover,
Minnesota that the work completed is hereby accepted and approved; and
BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby
directed to issue a proper order for the final payment, reimbursing the contractor's
receipt in full.
MOTION seconded by Councilmember Kniaht and adopted by the
City Council at a reQular meeting this L day of February , 2001 ,with
Councilmembers Jacobson, Kniaht Gamache, Trude (absent), Orttel (absent)
voting in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST: ~4?~
ichael R Gamache - Mayor
tL~ t/--IL/
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 016-01
MOTION by Council member Jacobson to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #.2.. TO PROJECT NO. 00-22,
MISCELLANEOUS CONCRETE CURB & GUTTER.
WHEREAS, the City of Andover has a contract for Project No. 00-22 with
Halvorson Concrete Inc. of Ham Lake, MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 00-22.
MOTION seconded by Council member Kniqht and adopted by the
City Council at a reqular meeting this 6th day of Februarv , 2001,
with Council members Jacobson. Kniqht. Gamache. Trude (absent). Orttel (absent)
voting in favor of the resolution, and Council members none
voting against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST: ~<A~
ichael R. Gamache - Mayor
d";L /Jdú
Victoria Volk - City Clerk_
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 015-01
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
99-36. SUNRIDGE.
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 2001, 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 L day of Februarv , 2001, with Councilmembers
Jacobson. Kniqht. Gamache. Trude (absent), Ortlel (absent) voting in favor of the resolution,
and Councilmembers none voting against, whereupon said resolution was
declared passed.
CITY OF ANDOVER
ATTEST: ~V?~~
Ichael R. Gamache - Mayor
f· a
~ IJ/¿
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 014-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-36
FOR STORM SEWER REPLACEMENT IN THE AREA OF MAKAH STREET NW &
149TH LANE NW .
WHEREAS, the City Council is cognizant of the need for the storm sewer
replacement; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of Makah Street NW & 149th Lane NW, Project 00-36; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the ~
Enaineer to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember Kniaht and adopted by the
City Council at a reaular meeting this ~ day of Februarv , 2001 , with
Councilmembers Jacobson. Kniaht. Gamache. Trude (absent). Ortlel (absent) voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
~ fJ¿[
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 013-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 01-4 ,FOR
SEAL COATING .
WHEREAS, pursuant to Resolution No. 008-01 , adopted by the City
Council on the 16t1í day of January ,2001, the City Enaineer has
prepared final plans and specifications for Project 01-4 for Seal Coatina .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the L day of February ,2001.
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 2 , 2001 at the Andover City Hall.
MOTION seconded by Councilmember Kniaht and adopted by the
City Council at a reaular meeting this L day of February , 2001 ,with
Councilmembers Jacobson. Kniaht. Gamache. Trude (absent). Orttel (absent)
voting in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~~~ayor
U:...- !J.,.¿¿
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 012-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 01-3 , FOR _
CRACK SEALING .
WHEREAS, pursuant to Resolution No. 007-01 , adopted by the City
Council on the 1610 day of Januarv , 2001 , the City Engineer has
prepared final plans and specifications for Project 01-3 for Crack Sealing .
WHEREAS, such final plans and specifications were presented to the City
Council for their review on the ~ day of Februarv , 2001 .
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 2 , 2001 at the Andover City Hall.
MOTION seconded by Councilmember Kniaht and adopted by the
City Council at a reaular meeting this L day of Februarv , 2001 , with
Councilmembers Jacobson, Kniaht. Gamache, Trude (absent), Orttel (absent)
voting in favor of the resolution, and Councilmembers none voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: U~d~
<Michael R. Gamache - Mayor
~ a.IV
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 011-01
MOTION by Council member Jacobson to adopt the following:
A RESOLUTION APPROVING CHANGE ORDER #...2. TO PROJECT NOS.
99-17. (MARTIN STREET) & 98-11B (JAY STREET).
WHEREAS, the City of Andover has a contract for Project Nos. 99-17 & 98-
11Bwith 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. 99-17 & 98-11 B.
MOTION seconded by Council member Kniqht and adopted by the
City Council at a reqular meeting this 6th day of Februarv ,2001,
with Council members Jacobson. Kniqht. Gamache. Trude (absent). Orttel (absent)
voting in favor of the resolution, and Council members none
voting against, whereupon said resolution was passed.
CITY OF ANDOVER
ATTEST: ~~~
ichael R. Gamache - Mayor
d~ !/r-á
Victoria Volk - City Clerk_
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 010-01
MOTION by Councilmember Ortiel to adopt the following:
A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC
HEARING ON IMPROVEMENTS OF WATERMAIN & STREETS PROJECT NO.
00-29 IN THE LAKEVIEW TERRACE & ADJOINING AREAS.
WHEREAS, pursuant to Resolution No. 150-00, adopted the 18th day of
4Y!Y., 2000 a Feasibility Report has been prepared by the City Enaineer for the
improvements: and
WHEREAS, such report was received by the City Council on the 16th day
of January , 2001; and
WHEREAS, such report declared the proposed assessment to be feasible
for an estimated cost of $1 , 188,264.00 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council hereby accepts the Feasibility Report for Project No. 00-5, 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 $1 , 188,264.00 6th
3. A public hearing shall be held on such proposed improvement on the day of March, 2001 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 Jacobson and adopted by the
City Council at a reQular meeting this 16th day of January , 2001 , with
Councilmembers Trude, Kniaht. Gamache, Ortiel. Jacobson
voting in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~~~A ~
.¡¡,;fichael R. Gamache - Mayor
~a~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 009-01
MOTION by Councilmember Jacobson to adopt the following:
A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC
HEARING ON IMPROVEMENTS OF 2000 STREET & UTILITY
RECONSTRUCTION PROJECT NO. 00-5 IN THE 71H AVENUE AREA.
WHEREAS, pursuant to Resolution No. 020-00, adopted the 18th day of
January, 2000 a Feasibility Report has been prepared by the City Enaineer for the
improvements: and
WHEREAS, such report was received by the City Council on the 16th day
of January , 2001; and
WHEREAS, such report declared the proposed assessment to be feasible
for an estimated cost of $3,407,750.00
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that:
1. The City Council hereby accepts the Feasibility Report for Project No. 00-5, for
the improvements.
2. The Council will consider the improvements in accordance with the report and
the assessment of abutting property for all or a portion of the improvement
pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the
improvement of $3,407.750.00 20th
3. A public hearing shall be held on such proposed improvement on the
day of March, 2001 in the Council Chambers of the City Hall at 7:00 PM
and the Clerk shall give mailed and published notice of such hearing and
improvement as required by law.
MOTION seconded by Councilmember Trude and adopted by the
City Council at a reaular meeting this 16th day of January , 2001 , with
Councilmembers Trude. Knight. Gamache, Orttel. Jacobson
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
Ó~ ¡)vÞ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 008-01
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. 01-4
FOR THE SEAL COATING 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
improvement of Seal Coating Improvements, Project 01-4; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the---ºl!Y.
Enaineer to prepare the plans and specifications for such improvement project
MOTION seconded by Councilmember Kniaht and adopted by the
City Council at a reaular meeting this 16th day of Januarv , 2001 , with
Councilmembers Trude, Knight. Gamache. Ortlel. Jacobson voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~d~~
'ív1ichael R Gamache - Mayor
~ iJva
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 007-01
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. 01-3
FOR THE CRACK SEALING 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
improvement of Crack Sealinq Improvements, Project 01-3; and
BE IT FURTHER RESOLVED by the City Council to hereby direct the City
Enqineer to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember Kniaht and adopted by the
City Council at a reqular meeting this 16th day of January , 2001 , with
Councilmembers Trude. Kniaht. Gamache. Ortlel. Jacobson voting
in favor of the resolution, and Councilmembers none
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST: ~~4~~-¿
Ichael R Gamache - Mayor
~ IJv-/ú
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 006-01
MOTION by Councilmember Trude to adopt the following:
A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF THE
ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER,
WATER MAIN. STORM SEWER AND STREETS FOR PROJECT 99-36, SUNRIDGE.
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 $181 ,682.89 plus $4,530.00 for seal coat, and
the expenses incurred or to be incurred in the making of such improvement amount to
$74.903.33 and work previously done amount to $130.627.04 so that the total cost of
the improvement will be $391.743.26
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
$5,552.16 the amount to be assessed against benefited property owners is declared to be
$386,191.10
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 2001, 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 16th day of January ,2001, with Councilmembers
Trude, Knight. Gamache, Ortlel. Jacobson voting in favor of the resolution, and
Councilmembers none voting against, whereupon said resolution was declared
passed.
CITY OF ANDOVER
ATTEST: ~~A...e{
ichael . Gamache - Mayor
íJd:;;;..; U/þ
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. ROO"'-01
A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND
SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT
PURPOSES ONLY.
WHEREAS, Minnesota Statutes, Section 118 sets forth the procedures for the deposit
of public ftmds which include requiring the Andover City Council to annually designate the
official depositories for City ftmds and manage the collateral pledged to such ftmds; and
WHEREAS, other financial institutions are, from time to time, able to pay the City of
Andover interest rates on deposits that are greater than can be obtained from the official
depositories.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that the City's official depository for 2001 is the Anoka office of Wells Fargo Bank
Minnesota, N.A.
BE IT FURTHER RESOLVED that Wells Fargo Investment Services Inc.; the
Minnesota Municipal Money Market Fund; Firstar Trust Co. of Minnesota; US Bancorp
Investments Inc.; Juran and Moody, Division of Miller, Johnson and Kuehn, Inc.; Dain
Rauscher Inc.; Soloman Smith Barney Inc.; Paine Webber Inc.; and Morgan Keegan &
Company be designated as additional depositories for 2001 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 ftmds on deposit with authorized institutions.
Adopted by the Andover City Council on the 2nd day of January 2001.
CITY OF ANDOVER
ATTEST: ~R~
ichael R. Gamache - Mayor
(L.l/~ ,__/ l f
ú~
Victoria V olk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 004-01
A RESOLUTION APPROVING CHANGE ORDER # 2 (COMPENSATING) TO
PROJECT NO. 99-35, WOODLAND ESTATES 2ND ADDITION.
WHEREAS, the City of Andover has a contract for Project No. 99-35 with_
C.W. Houle. Inc. of Shoreview. MN
NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to
hereby approve the change order to Project No. 99-35.
Adopted by the City Council of the Cityof Andover this 2nd day of Januarv ,
2001.
CITY OF ANDOVER
ATTEST: ~~~~
Michael R Gamache - Mayor
Ú;;'..J ¡j~
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 003-01
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO.
00-44 FOR HIDDEN CREEK NORTH PARK IRRIGATION.
WHEREAS, the City of Andover has reviewed a grant from the Metropolitan
Amateur Sports Commission for irrigation and field improvements for the soccer field at
Hidden Creek North Park; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Andover to hereby order improvement Project No. 00-44.
BE IT FURTHER RESOLVED by the City Council of the City of Andover to
hereby designate the City Enqineer as the Engineer for this improvement and he is
directed to prepare plans and specifications for such improvements.
Adopted by the City Council of the Cityof Andover this 2nd day of Januarv ,
2001 .
CITY OF ANDOVER
ATTEST: ~~~~
MIchael R Gamache - Mayor
f.Lt;~ ();-/b
Victoria Volk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION NO. 002-01
A RESOLUTION GRANTING THE LOT SPLIT OF ROBERT AND MARCELLA
PEACH TO SPLIT THE WESTERN 2.5 ACRES OF A 6 ACRE PARCEL LOCATED
AT 15830 UNIVERSITY AVENUE NW.
WHEREAS, Robert and Marcella Peach requested to split a 2.5 acre parcel from a 6 acre
parcel, pursuant to Ordinance No. 40. Said split is legally described as the west 2.5 acres
of the folIowing described parcel:
Unplatted City of Andover the E 633 feet of the S 510 feet of the N 869.53 feet of the
SE y. of the SE y. of Section 13-32-24 which lies northerly of the center line of 1 57th
Avenue NW as now laid out and traveled said E 633 feet shall be measured by a line
drawn 633 feet W of and parallel to the Eline of said Section 13 said S 510 feet shall be
measured bya line drawn 359.53 feet S of and parallel to the N line of said SE Y. of SE Y.
of Section 13 and said N 869.53 feet drawn by a line 869.53 feet S of and paràllel to the
N line of said SE Y. of SE Y. of Section 13 according to the duly recorded map or plat
thereof (subject to restrictions reservations and or easements of record, if any).
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinance No. 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 Plmming and Zoning Commission recol11l11ends to the City Council
approval of the lot split requested.
NOW, THEREFORE, BE IT RESOLVED, that the City COlU1cil of the City of Andover
hereby agrees with the recol11l11endation of the Planning and Zoning Commission mìd
approves the lot split on said property with the following conditions:
1. Lot buildability to be confinned by the Building Official.
2. The applicant submit a property survey showing that both lots meet or exceed the
minimum lot requirements as stated in Ordinance No, 8, Section 6.02.
3. The applicant pay the applicable park dedication and trail fees for the newly
created lot as stated in the fee schedule as adopted by City Council resolution.
4. The lot split be subject to a sunset clause as defmed in Ordinance No. 40,
Section 3(E).
Adopted by the City Council of the City of Andover this 2nd day of January, 200 L
CITY OF ANDOVER
Attest: . ~¿/~
!Li~a¿¿
Victoria V olk - City Clerk
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 001-01
RESOLUTION SUPPORTING THE ANOKA COUNTY CULTURAL COMPETENCE
EDUCATION AND PROMOTION TEAM (A.C.C.E.P.T)
WHEREAS, A.C.C.E.P.T. was fonned in 1997 to educate and promote the appreciation
of diversity among children, youth, and families; and
WHEREAS, AC.C.E.PT has worked to help establish, communicate, and encourage
community standards that respect diversity; and
WHEREAS, A.C.C.E.P.T. has supported efforts to celebrate and fmd creative ways for
children, youth, and families to benefit rrom diversity; and
WHEREAS, A.C.C.E.PT is dedicated to assisting communicates in developing skills
needed to live and learn a more diverse culture; and
WHEREAS, AC.C.E.PT. meetings are held on the second Wednesday of each month,
September through May, at 7:30 a.m. at the Anoka-Hennepin District #11 Education Service
Center and all are invited to join.
NOW, THEREFORE, BE IT RESOLVED that the City Council joins with other cities
and Anoka County, law enforcement agencies, the Faith Community, civic groups, businesses,
and concerned citizens to respect diversity in our cOlmnunities by promoting AC.C.E.P.T.ance
and respect for every individual.
BE IT FURTHER RESOLVED that the Mayor and City Council of Andover proclaim
January 15,2001, as A.C.C.E.P.T. DAY in the City of Andover to call attention to the need to
foster mutual respect and understanding of diversity.
Adopted this 2nd day of January, 200 I.
A TIEST: CITY OF ANDOVER
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City Clerk / Mayor