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Home My WebLink About2000 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 2811-00 A RESOLUTION ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following permit fees and service charges are hereby established for the year 2001. Administrative Fee: 25% of total labor charges Approval/Recording of Deeds: Abstract Property $25.00 Torrens Property $40.00 Bad Check Fee: $30.00 Copies: (per sheet) Up to 8 1/2"x14" $0.25 Oversize $0.50 18"x24" $2.50 24ux36" $3.00 Larger Sizes $6.00 Copies of Surveys: Up to 11"x17" $5.00 Requested by Owner $1.00 Demolition Permits: Single Family Structures $30.00 Two Family Structures $40.00 Single/Double Garages $10.00 Barns $10.00 Multiple Family Structure FirstTwo Units $40.00 Each additional Unit $10.00 Commercial Units - minimum Fee $10.00 ($2.00 per $100.00 Demolition Costs) Page 1 Dog License: One Year License $3.00 Two Year License $6.00 Commercial Kennel $250.00 includes mailing labels Recording Fee: Abstract $25.00 Torrens $40.00 Renewal $25.00 Private Kennel $200.00 includes mailing labels False Alarm Fine: $75.00 Fire Hydrant Use: Meter Cost (deposit) plus standard water rates Flood Zone Search: $15.00 Garbage Hauler License: $50.00 per year + $25.00 per truck Health Authority Certification: $5.00 Ball Field Usage: Adult Rec Play $75.00 per team, per season $10.00 additional, per player, non-resident fee Youth Rec Play $0.00 per team, per season $0.00 additional, per player, non-resident fee Field without Lights $15.00 per hour or (Private Use) $75.00 per day Field with Lights $20.00 per hour or (Private Use) $100.00 per day Note: Includes the use of fields for both lighted and non-lighted Rental Equipment for Tournament: Limer $3.00 per tournament Lime $3.50 per bag Drag $1.50 per tournament Hose and Nozzle $1.50 per tournament Batter's Box $1.50 per tournament Weekend Tournaments: No Field Maintenance/Adult $200.00 tournament fee park plus $150.00 field usage fee per field No Field MaintenancelYouth $200.00 tournament fee park plus $75.00 field usage fee per field, youth organiza- tions not affiliated with Andover Youth With Field Maintenance/Adult $500.00 tournament fee park plus $150.00 field usage fee per field With Field MaintenancelYouth $500.00 tournament fee park plus $75.00 field usage fee per field, youth organiza- tions not affiliated with Andover Youth Note: 1 day tournaments will be charged 75% of the tournament and field usage fee. Page 2 Vehicle Rental - Cushman Truckster: $25.00 per day and $350.00 damage deposit Picnic Shelter: Sunshine Park .$25.00 per 4 hour period Hockey Rinks: Rink without Lights (Adults) $25.00 per day Rink with Lights (Adults) $12.00 per hour Horses: Boarding $10.00 per day Impoundment of Horses $25.00 per hour per person Transportation (trailer rental) $40.00 Stabie Fee $3.00 Liquor: Non-Intoxicating Off Sale $75.00 per year On Saie $200.00 per year Intoxicating: Sunday Liquor $200.00 per year On Sale Liquor $4,000.00 per year On Sale Wine $500.00 per year Off Sale Liquor $200.00 per year Maintenance Cost Recovery: Union Scale + 25% Maps: City Maps $2.00 Zoning Maps $3.50 Topographical Maps $11.00 per acre Colored Zoning Map $15.00 Moving of Buildings: Up to 350 Square Feet $15.00 351 to 600 Square Feet $25.00 601 to 824 Square Feet $50.00 825 Square Feet & over $75.00 Notary Fee: $3.00 Ordinances: $1.00 Ordinance 8 $25.00 Ordinance 10 $10.00 Outdoor Party Permit: $5.00 Delivery of Barricades $25.00 Outdoor Promotional Fee-Temporary: $100.00 per event Park Dedication Fees: Single Family Residences $1,300.00 per unit Town Home and Twin Home $1,300.00 per unit Apartment (Multi-Family) $1,300.00 per unit Lot Splits $1,300.00 per unit Commercial/Industrial 10% of market value of land (per Ord. 10 Sec. 9.07.5) Pawnbroker License: New $5,000.00 per year Renewal $5,000.00 per year Planned Unit Development: $250.00 includes mailing labels Page 3 Removal of Sediments & Debris from $80.00 per hour (minimum charge 1/2 hour) Streets subject to New Development & Building Activities: Rental Housing License: $50.00 per unit (except owner occupied) Reinspection Fee per Call (2nd) $30.00 Research by Staff: $25.00 per hour (minimum $13.00) Rights-of-Way Permit Fee Structure: Annual Registration Fee $50.00 Excavation Permit Fee $200.00 Per Addt'1 Excavation (paved area) $100.00 Per Addt'l Excavation (unpaved area) $50.00 Trench Fee Underground UtilitylTelecom Installation - Directional Boring or Tunneling (in addition to excavation permit fee) $40.00 per 100 L.F. Underground UtlityfTelecom Installation - Open Trenching (in addition to excavation permit fee) $55.00 per 100 L.F. Overhead UtilitylTelecom Installation (in addition to excavation permit fee) $5.00 per 100 L.F. Obstruction Permit Fee $50.00 Permit Extension Fee $55.00 Mapping Fee $50.00 Delay Penalty (up to 3 days late) $60.00 (each day late over 3 days) Plus $10.00IDay Sign Permit: $1.00 per Square Foot/side $3.00 per Square Foot Erected without Permit Special Assessment Searches: $20.00 Street Opening Permit: $10.00 Tobacco License: $75.00 per year Therapeutic Massage Establishment: (all fees Include investigation fee) Single Application Fee $200.00 Corporate Application Fee $300.00 Partnership Application Fee $300.00 Renewal Fee $150.00 Therapeutic Massage Therapist: $150.00 Annually Towers & Antennas: $250.00 Includes mailing labels Trail Fee (Bikeway/Pathway): Residential $350.00 per unit Commercialllndustriai Developer's Responsibility Transient Merchant License: $50.00 invest. fee Tree Trimmer License: License Fee $25.00 per year Page 4 Building, Engineering, & Planning: Agricultural Building Permit $5.00 Air Conditioning Installations $25.00 Air to Air Exchange Permit $25.00 Building Reinspection Fee $47.00 Certificate of Occupancy $4.00 Commercial Site Plan Review $850.00 Contractor Licenses Contractor Verification Fee $5.00 Contractor License $25.00 Escrow Inspection Fee $25.00 Footing to Grade $15.00 Garage Furnace Permit $35.00 Gas Fireplace Permit $40.00 per unit Geo-therm Heating Permit $35.00 Grading Inspection Fees First Inspection No Charge Second Inspection No Charge Third Inspection $35.00 Fourth Inspections $75.00 Fifth and any subsequent Inspections $100.00 each Heating Installations (furnace) $35.00 Lot Split Fee Lot Split $150.00 includes mailing labels Public Notification Sign $25.00 Administrative Lot Split $25.00 Plan Check for Trees $65.00 Plan Check/Residential 65% of permit fee Plat Fees Sketch Plan Fee $850.00 includes maiiing iabels & public notification Preliminary Plat Filing Fee $275.00 sign Preliminary Plat Per Acre Fee $25.00 Final Plat Fee $100.00 Plat Escrow Deposit Urban Lot $250.00 per lot Rurai Lot $600.00 per lot Public Notification Sign $25.00 Plumbing (per opening) $8.00 minimum fee $40.00 Re-roofing Permit $40.00 Rezoning $300.00 inciudes mailing iabels Public Notification Sign $25.00 Siding Permit $40.00 Special Use Permit Commercial $250.00 includes mailing iabels Residential $200.00 includes mailing labels Amended Special Use Permit $150.00 includes mailing labels Public Notification Sign $25.00 Page 5 Variances Single Family $125.00 Other Requests $150.00 Comphrehensive Plan Admendment $400.00 includes mailing labels Public Notification Sign $25.00 Special Home Occupation Permit $50.00 Adult Use Business License $7,500.00 per year Fire: Copies of Fire Reports $20.00 Building Reinspection Fees $47.00 per hour Burning Permits $20.00 Fire & Pyrotechnics Special Effects $250.00 Home Occupation Inspections $47.00 per hour Other Inspections as Requested $47.00 per hour Permits outlined in Article 1, Sec 105, 1997 UFC $25.00 Special Investigation as Requested $47.00 per hour Seotic: On-Site Septic System Installation $40.00 regular; $80.00 mound Septic System Pumping $5.00 Sewer: Sewer Availability Charge $1,150.00 Sewer Contracting Equipment Fee $80.00 per hour Labor Fee Union Scale plus 25% Televising Union Scale plus 25%, minimum 2 hours Sewer Usage Rates Penalty/Late Payment 10% Area A $45.50 per quarter Area B $45.50 per quarter Sanitary Sewer Installation $40.00 Sanitary Sewer Rates Sewer Area Charge $1,180.00 per acre Sewer Connection Fee (Commercial Connection Fee Rate = 1 connection fee for each SAC unit) $322.00 per unit Laterals $32.00 per F.F. (estimate) Hookup Permit Fee (Sewer) $40.00 plus surcharge Plumbing Homeowner contracts for Water: Water Installation (public) $50.00 Water Permit Fees+B26 ServicelConnection $50.00 Tapping Main $30.00 DisconnectionlReconnection Requests $20.00 HVAC $15.00 Underground Sprinklers $15.00 Re-Inspection (all) $25.00 Page 6 Service Charges Testing o to 6" Meters Cost plus 25% Labor Fees Union Scale Plus 25% Violation Penalties Shut-off (7 a.m. - 3 p.m.) $50.00 Shut-off (after hours) $75.00 Water Meter Charges 5/8" Meter $125.00 3/4" Meter (short lay length) $150.00 1"Meter $300.00 11/2" Meter $500.00 2" Meter $700.00 Special Sizes Cost plus 25% handling Laterals $32.00 per F.F. (estimate) Unit Connection Charges Residential $1,425.00 per unit Non-residential, per REC $810.00 perunitor$8,100.00peracre whichever is higher Water Area Charges Residential and Commercial $1,231.00 per acre Water Usage Rates Billed Qtrly $7.30 Base Rate $1.03 per 1,000 for 1 st 10,000 Gal. $1.06 per 1,000 for 10,001 through 20,000 $1.10 per 1,000 for 20,001 through 35,000 $1.17 per 1,000 for 35,001 through 60,000 $1.25 per 1,000 for 60,001 through 100,000 $1.40 per 1,000 for 100,001 through 200,000 $1.65 per 1,000 for 200,001 and above Minimum per quarter $8.30 Penalty/Late Payment 10% Adopted by the City Council of the City of Andover this 19th day of December, 2000. CITY OF ANDOVER Attest: I ( l1l~ ilL:...- !L/~ Victoria Volk - City Clerk 9 :data/everyoneJ01 fees/fees.xls revIsed 12/15100 Page 7 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 283-00 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. 00-42, IN THE AZTEC ESTATES AREA. WHEREAS, the City Council has received a petition, dated December 11 , 2000, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. 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 SEH and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reoular meeting this 19th day of December ,2000, with Councilmembers Knioht. Trude. Jacobson, Orttel. McKelvev (present) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: .{ )J;v jl.E. McKelvey - Mayor ~ UAd //'4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R282-00 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF "AZTEC ESTATES" BY HARSTAD COMPANIES LOCATED IN SECTIONS 29 & 30, 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. Contingent upon the developer obtaining all necessary pennits from the Lower Rum River Watershed Management Organization, DI\TR, 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 Pennit 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 approved on the pIa!. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 7. Trailslwalkways to be provided as required by the City Council. Adopted by the City Council of the City of Andover this 19th day of December ,20--ºº--. CITY OF ANDOVER ATTEST: r.Lt. d,ßl t. ;We- k ' ~,..,...,......- L//¡::...t.... Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R281-o0 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF HARSTAD COMPANIES FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A MIXED USE RESIDENTIAL DEVELOPMENT CONSISTING OF FORTY-FOUR (44) TOWNHOME UNITS AND THREE (3) SINGLE FAMILY URBAN RESIDENTIAL LOTS TO BE KNOWN AS THE SUBDIVISION OF "AZTEC ESTATES" ON THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Harstad Companies has requested a Special Use Permit for a Planned Unit Development to develop a mixed use residential development consisting of forty-four townhome units and three single family urban residential lots to be known as the subdivision of "Aztec 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 City Council has reviewed the request and has detennined 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 minimal opposition to the request; and WHEREAS, the Planning and Zoning Commission is recommending to the City Council the approval of the Special Use Pennit as requested. Page Two Resolution - SUP/PUD of Aztec Estates City Council Meeting December j9, 2000 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 Harstad Companies to develop a Planned Unit Development on said property with the following conditions: 1. All variances to Ordinance No.8 associated with the approval of the Special Use Permit 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 Permit 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 White Pine Estates. If any one of these appiications or requests fails to be approved, in whole or in part, the special use permit 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.1 12: 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 19th day of December. 2000. ATTEST CITY OF ANDOVER d1;'~'J ä& ·r)p~ Victoria Volk, City Clerk Exhibit A Le2al Description The Southwest Quarter of the Southwest Quarter of Section 29, Township 32 North, Range 24 West, Anoka County, Minnesota, except that part described as follows: Beginning at the Southeast Corner of the Southwest Quarter of the Southwest Quarter, thence westerly along the South line thereof 550.00 feet; thence northerly parallel with the East line of the Southwest Quarter of the SouthW(;st Quarter 500.00 f(;et; thence Northeasterly to a point on said east line 214.00 feet southerly of the Northeast Comer of the Southwest Quarter of the Southwest Quarter; thence southerly along said East line to the point of beginning, and except that portion taken by Anoka County for highway purposes. That part of the Southeast Quarter of the Southwest Quarter of Section 29, Township 32 North, Range 24 West, Anoka County, Minnesota, lying westerly of the West line of "Rossella's Addition" and northerly of the south line of the North 7 acres of the Southeast Quarter of the Southwest Quarter, said south line being 1 ,089 feet plus or minus north of the Southwest Corner of said Southeast Quarter of the Southwest Quarter, as measured along the West line thereof, except the North 1 00 feet of the East 178.75 feet thereof. Exhibit B DESIGN STANDARDS FOR AZTEC ESTATES The site in question is surrounded on its west side by a large wetland. To make development of the site possible, we are asking for variances in building setback, and lot depth. The 20' setback from ROW on public streets, and from sidewalk on the private drive was chosen to allow parking in front of twin home units while minimizing impacts to wetlands and trees in rear yards. The width and depth of twin home lots are based on the building footprint. In previous developments done by Mr. Harstad 20-30 feet beyond the rear of the building are maintained as yard. The remainder of the area behind the units will be left in its natural state. Small rear yards provide two benefits; reducing impact to existing vegetation, and lower maintenance costs to the association. The lot depths for town home units shown reflect the size of the town home units. SETBACKS SETBACKS AZTEC ESTATES M-1 ZONING FRONT YARD SETBACK 30 Single Family Homes 30 Town Homes 20 SIDE YARD SETBACK TO BUILDINGS 30 30 INTERIOR LOTLlNE SETBACK Single Family Homes 20 20 Town Homes 15 20 REAR YARD SETBACK 30 30 MAJOR ARTERIAL SETBACK 50 50 LAND COVERAGE 20 20 HEIGHT 35 35 CUL DE SAC LENGTH 1390 500 LOT DEPTH DATA LOT BLOCK WIDTH M-1 WIDTH LOT DEPTH M.1 DEPTH 1-2 1 94 150 61 150 3-4 1 94 150 61 150 5-6 1 94 150 61 150 7-8 1 94 150 61 150 9-10 1 94 150 61 150 11-12 1 94 150 61 150 13-14 1 94 150 61 150 15-16 1 94 150 61 150 17-18 1 94 150 61 150 19-20 1 94 150 61 150 21-22 1 94 150 61 150 24 1 103 150 152 150 25 1 114 150 180 150 26-27 1 94 150 61 150 28-29 1 94 150 61 150 30-31 1 94 150 61 150 32-33 1 94 150 61 150 34-35 1 94 150 61 150 36-37 1 94 150 61 150 38-39 1 94 150 61 150 40-41 1 94 150 61 150 42-43 1 94 150 61 150 44-45 1 94 150 61 150 4647 1 94 150 61 150 1 :z 115 150 152 150 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. 280-00 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN FOR HARSTAD COMPANY FOR AZTEC ESTATES LOCATED IN THE SW y.¡ OF SECTION 29. WHEREAS, Harstad Company has petitioned to amend the Comprehensive Plan Land Use District Designation from RU, Residential Urban Single Family to RM, Residential Medium Density on approximately 30.6 acres in conjunction with Aztec Estates (PIN# 29-32-24-33-0003) legally described as follows: The Southwest Quarter of the Southwest Quarter of Section 29, Township 32, Range 24; except that part described as follows: Beginning at the Southeast Comer of said quarter quarter; thence westerly along south line thereof 550 feet; thence northerly parallel with east line of said quarter quarter 500 feet; thence northeasterly to a point on said east line 214 feet southerly of northeast comer of said quarter quarter; thence southerly along said east line to a point of beginning; also except road; subject to easements of record. 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; 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 following condition: 1. Approval by Metropolitan Council. Adopted by the City Council of the City of Andover on this 19th day of December. 2000. ATTEST: CITY OF ANDOVER 1 z. (};/£ ,t þ;¿ {C4 J 11-"""/ . .-" Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 279-00 MOTION by Councilmember Orttel 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. 00-41, IN THE WHITE PINE ESTATES AREA. WHEREAS, the City Council has received a petition, dated December 12,2000, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. 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 MFRA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reQular meeting this 19th day of December, 2000, with Councilmembers KniQht. Trude, Jacobson, Orttel. McKelvey (present) yoting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: o {, J11c- Kd.7Ÿ {Í.E. McKelvey - Mayor U~ Ódb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R278-00 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF "WHITE PINE ESTATES" BY GOLD NUGGET DEVELOPMENT LOCATED IN SECTION 14, 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: I. The developer obtains all necessary pennits 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 Pennit 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 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. 8. Geotechnical report being reviewed and certified by an independent geotechnical engineer. Adopted by the City Council of the City of Andover this 19th day of December ,20-ºº-. CITY OF ANDOVER ATTEST: ;.L;t-~ tl--IÞ . t.$¿ Vi"tori~ Volk (:itv (:I"rk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R277-00 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF GOLD NUGGET DEVELOPMENT FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A MIXED USE RESIDENTIAL DEVELOPMENT CONSISTING OF SIXTY-SEVEN (67) SINGLE FAMILY URBAN RESIDENTIAL LOTS AND THIRTY- FOUR (34) TOWNHOMES TO BE KNOWN AS THE SUBDIVISION OF "WHITE PINE ESTATES" ON THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Gold Nugget Development has requested a Special Use Pennit for a Planned Unit Development to develop a mixed use residential development consisting of sixty-seven single family residential lots and thirty-four townhome units to be known as the subdivision of "White Pine 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 City Council has reviewed the request and has detennined 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 ofthe 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 hannony with the Comprehensive Plan; and WHEREAS, a public hearing was held before the Planning and Zoning Commission and there was minimal 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 - SUP/PUD of White Pine Estates City Council Meeting December 19,2000 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 will allow Gold Nugget Development to develop a Planned Unit Development on said property with the following conditions: 1. All variances to Ordinance No.8 associated with the approval of the Special Use Permit 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 Permit 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 White Pine Estates. If anyone of these applications or requests fails to be approved, in whole or in part, the special use permit shall be considered null and void. 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 of Incorporation b. By-laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, maintenance of the common areas. Copies of said documents shall be distributed to the homeowner at the time of closing. 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 19th day of December, 2000. A TrEST CITY OF ANDOVER !L:i,:....- tJt.I!b Victoria Volk, City Clerk Exhibit A Le!!al Description That part of the Southwest Quarter of the Southeast Quarter of Section 14, Township 32, Range 24. lying westerly of' 0 line drawn from 0 point on the north line of said Section 14, distant 1307 feet west from the northeast comer of said Section 14 to a point on th e South line of said section 14 distant 1445 feet west of the southeast comer of sold Section .14, Anoko County, Minnesota, Together with that port of the Northwest Quarter of the Southeast Quarter of Section 14, Townshlp 32, Range 24, lying west of the west right-of-way of the Burlington Northern, Inc. Railroad. Except that port described: Commencing at the northwest comer of said Northwest Quarter of the Southeast Quarter, thence North 89. degrees, 34 minutes, 26 seconds East, assumed bearing, along the north line therof, 0 distance of 852.95· feet to th.e point of beginnIng of the land to be descrIbed: . thence South 0 degrees, 56 m 1nutes, 29 seconds East a distance of. 780.00 feet; thence South 87 degrees, 57 minutes, 04 seconds East,;o distance of 185.24 feet; thence South 0 degrees, 56 minutes, 29 seconds East, a distance of 102.00 feet; thence North 89 degrees, 34 minutes, 26 seconds East, a dIstance of 201.23 feet to the westr1ght-of-way line of the Burlington Northern Inc. Railroad; thence North 0 degrees 11 minutes, 40 seconds West, along said west line a distance of 889.97 feet to the north line of .said Northwest Quarter of the Southeast Quarter, thence westerly along said north line, o distonce of 397.83 feet to the polnt of beginning. ~ Exhibit B DESIGN STANDARDS FOR WHITE PINE ESTATES ') WHITE PINE EST AES !1 -1 ZONING Lot Width (Front Setback) 41 150 ~ Lot Depth 62 150 Front Yard Setback 35 30 Side Yard Setback to Street 30 30 Interior Lotline Setback 0 20 Rear Yard Set back 10 30 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 276-00 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN FOR GOLD NUGGET DEVELOPMENT FOR WHITE PINE ESTATES LOCATED IN THE SE Y. OF SECTION 14. WHEREAS, Gold Nugget Development has petitioned to amend the Comprehensive Plan Land Use District Designation ITom RU, Residential Urban Single Family to RM, Residential Medium Density in conjunction with White Pine Estates (PIN# 14-32-24-42-0005) legally described as Lots 17-51, Block 4, White Pine Estates. 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; 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 following condition: 1. Approval by Metropolitan Council. Adopted by the City Council ofthe City of Andover on this 19th day of December, 2000. ATTEST: CITY OF ANDOVER ¿J~~..I 11,4 '!. m Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 275-00 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WOODLAND OAKS 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 I2XX 161 A VENUE NW, LOT I, BLOCK 8, WOODLAND OAKS. WHEREAS, Woodland Oaks has requested a Special Use Permit to allow the construction of an Area Identification Sign on the property located at 12xx 161 Avenue NW. Said property is legally described as Lot I, Block 8, Woodland Oaks. 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 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 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 of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: 1. That the Special Use Permit be subject to an annual review by staff. 2. That the applicant executes a written agreement for the maintenance of the sign. 3. That the applicant obtain a sign permit prior to erection of the sign. 4. 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 19th day of December, 2000. ATTEST: CITY OF ANDOVER U.;..., ddb J~~el~~M~¿~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 274-00 MOTION by Council member Kniqht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER ,PROJECT NO._ 00-40, IN THE WOODLAND OAKS AREA. - WHEREAS, the City Council has received a petition, dated December 11 , 2000 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. 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 MFRA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reQular meeting this 19th day of December ,2000, with Councilmembers Kniqht, Trude, Jacobson, Orttel, McKelvev (present) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~' { !Jl(0)¡, ¡.Ii . McKelvey - Mayor v ~tJx!b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R273-00 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAND OAKS AS REQUESTED BY WOODLAND DEVELOPMENT LOCATED IN SECTION 14, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and comments were favorable; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the plat citing the following: 1. A variance tram Ordinance 10, Section 9.06(F) for Lots 3 & 4, Block 3 to allow the double trontage lots. 2. A variance trom Ordinance No. 10, Sections 9.06AI and 4 for the minimum 100' buildabiiity requirement for the following lots; a. Lots 14 & IS, Block 4 (10' variance requested). b. Lot 6, Block 3, (10' variance being requested). c. Lots 7 & 8, Block I (variance of 8' requested). 3. A variance tram 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. 4. Contingent upon the developer obtaining all necessary pennits trom the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 5. Park dedication as recommended by the Park and Recreation Commission as detennined by Ordinance No. 10, Section 9.07. 6. Contingent upon water and sewer trunk being brought to the property. 7. No grading shall commence until the City Council approves and the City Engineer signs the Grading, Drainage and Erosion Control Plan, and a preconstruction meeting on the project has been held. 8. Sidewalksltrails to be constructed as required by the City Council. Grading Plan to be revised to show 8' trail. 9. Geotechnical report being reviewed and certified by an independent geotechnical engineer. Adopted by the City Council of the City of Andover this 19th day of December ,20..QQ. ATTEST: IL:/.;:~ ()~þ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 272-00 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN FOR WOODLAND DEVELOPMENT CORPORATION FOR WOODLAND OAKS LOCATED IN THE SW Y. OF SECTION 14. WHEREAS, Woodland Development Corporation has petitioned to amend the Comprehensive Plan in conjunction with Woodland Oaks located in the SW '/4 of Section 14: I) Amend the current Metropolitan Urban Service Boundary (MUSA) to incorporate an additional 38.93 acres legally described as: The EastHalf of the Northeast Quarter of the Southwest Quarter and the East Half of the Southeast Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota, except that part lying within ANOKA COUNTY HIGHWAY RIGHT-OF- WAY PLAT NO. 20. 2) Change the land use district designation from RR, Residential Rural to RU, Residential Urban Single Family on approximately 20 acres legally described as: The East Half of the Northeast Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. 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; 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 following condition: 1. Approval by Metropolitan Council. Adopted by the City Council of the City of Andover on this 19th day of December. 2000. A TrEST: CITY OF ANDOVER f;;t d-b.!- ,{µ - ~A/. Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 271-00 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER ,PROJECT NO._ 00-39, IN THE CHESTERTON COMMONS NORTH 2NU ADDITION AREA. - WHEREAS, the City Council has received a petition, dated December 12, 2000, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. 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 MFRA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Trude and adopted by the City Council at a reaular meeting this 19th day of December ,2000, with Councilmembers Kniaht. Trude, McKelvev, Jacobson. Ortiel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: -&' {, Îìle- Xd1 . . McKelvey - Mayor tL./;;;,.-/ dr/£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R270-00 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF CHESTERTON COMMONS NORTH SECOND ADDITION BY ASHFORD DEVELOPMENT LOCATED IN SECTION 14, TOWNSHIP 32, RANOE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and comments were favorable; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the plat citing the following: 1. A variance from Ordinance 8, Section 6.02 for Lot I, Block 3 as the lot does not meet the 130' minimum lot depth requirement (9' variance). 2. Contingent upon the developer obtaining all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LOU, MPCA and any other agency that may be interested in the site. 3. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No. la, Section 9.07. 4. Contingent upon water and sewer trunk being brought to the property. 5. No grading shall commence until the City Council approves and the City Engineer signs the Grading, Drainage and Erosion Control Plan, and a preconstruction meeting on the project has been held. 6. Sidewalks/trails to be constructed as required by the City Council. Adopted by the City Council of the City of Andover this 19th day of December ,20 00. CITY OF ANDOVER ATTEST: r), (, JJt K/!';;;:r Æ~ ();/b ;.r.E. McKelvey, Mayo Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 269-00 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 97-49, CHESTERTON COMMONS 2ND ADDITION. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 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 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 Orttel and adopted by the City Council at a reaular meeting this 19th day of December ,2000, with Councilmembers Knight. Trude, McKelvev, Jacobson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: CLL..-I t/ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 268-00 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 97-49. CHESTERTON COMMONS 2NU 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 $602,059.05 plus $13,800.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $170.102.77 and work previously done amount to $237 ,303.17 so that the total cost of the improvement will be $1 ,023,265.00. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $64.279.09 the amount to be assessed against benefited property owners is declared to be $958,985.90 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 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 19th day of December ,2000, with Councilmembers KniQht. Trude, McKelvev, Jacobson. Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: d:L ¡jJ£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 267-00 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2001 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 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2001 property tax levy totaling $5,038,537, of which 4,476,451 is for general operating purposes and is levied against 'all taxable property within the City of Andover, $25,759 is levied against property located within the Lower Rum River Watershed District for the City of Andover's share of costs ofthis organization and $536,327 is for the repayment of bonded indebtedness as follows: 1991 Fire Station Bonds $ 261,450 1999 G.O. Equipment Certificates $ 274.877 Total U3JU27 BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby adopts the 2001 General Fund budget as follows: REVENUES EXPENDITURES Property Taxes $ 4,031,155 General Government $ 1,974,606 Ucense and Pennits 872,020 Public Safety 2, I 70,804 Intergovernmental Revenue 1,083,004 Public Works 2,870,464 Charges for Current Services 573,260 Other 160.932 Fines and Forfeits 65,300 Miscellaneous Revenue 308,000 Transfers 244.067 Total $-1,,126,8J)!¡ Total $~1'Z6,~OJi Adopted by the City of Andover this 19th day of December, 2000. CITY OF ANDOVER , ~, ~ ATTEST: / . E. McKelvey - Mayor U~ d ,.¿¿ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 266-00 MOTION by Council member Kniqht 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 Trude and adopted by the City Council at a reaular meeting this 19th day of December ,2000, with Council members Kniaht. Trude, McKelvev, Jacobson, Orttel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: . t JJlc-¿ IL.i:,;.___ Ox'£- Victoria Volk - City Clerk.u CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 265-00 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO CW. HOULE. INC. FOR PROJECT NO. 99-35, WOODLAND ESTATES 2ND ADDITION. WHEREAS, pursuant to a written contract signed with the City of Andover on Mav 2. 2000, C.W. Houle, Inc. of Shoreview, 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 19th day of December , 2000 , with Councilmembers Kniaht. Trude, McKelvev, Jacobson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Ii l )Jj~J(~ ,?J.E. McKelvey - Mayor. rLL (j$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 264-00 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBIliTY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER WATERMAIN. STREET AND STORM SEWER ,PROJECT NO. _ 00-37, IN THE WOODLAND CREEK TOWNHOMES AREA. WHEREAS, the City Council has received a petition, dated November 29, 2000, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. 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 $1 ,000.00 3. The proposed improvement is hereby referred to the Citv Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Trude and adopted by the City Council at a reqular meeting this 19th day of December ,2000, with Councilmembers Kniqht. Trude, McKelvev, Jacobson, Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: , 1 /Jt(?~ .E. McKelvey - Mayor tl;t;w ã$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 263-00 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO M.J. NEISEN ASPHALT, INC. FOR PROJECT NO. 00-3, 2000 CRACK SEALING. WHEREAS, pursuant to a written contract signed with the City of Andover on March 21 , 2000, M.J. Neisen Asphalt. Inc. of Arlinaton, 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 19th day of December , 2000 , with Councilmembers Kniaht. Trude, McKelvey, Jacobson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (). r /7lv~~ ¿J'E. McKelyey - Mayor {Li~ iJ¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 262-00 A RESOLUTION GRANTING THE V ARlANCE REQUEST OF GARY GROUSTRA TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A FORTY (40) FOOT SETBACK FROM A MAJOR ARTERlAL AND TO ALLOW FOR THE CONSTRUCTION AND PLACEMENT OF AN ACCESSORY BUILDING TO ENCROACH TIDRTY (30) FEET INTO THE REQUIRED SETBACK ON THE PROPERTY LOCATED AT 14287 RAVEN STREET NW, LEGALLY DESRlBED AS LOT 9, BLOCK 2, KENSINGTON ESTATES SECOND ADDITION. WHEREAS, Gary Groustra has requested a variance to Ordinance No.8, Section 6.02 which requires a forty (40) foot setback from a major arterial and to allow the construction and placement of an accessory building to encroach thirty (30) feet into the required setback on the property located at 14287 Raven Street NW, legally described as Lot 9, Block 2, Kensington Estates Second Addition; and WHEREAS, the Planning and Zoning Commission has reviewed the request and made no recommendation to the City Council,; and WHEREAS, the City Councii hereby finds that a hardship exists due to the fact that the applicant was denied reasonable use and enjoyment of the property because of inaccurate infonnation given by City Staff and as stated in the building penn it application materials; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover approves the variance requested by Gary Groustra to Ordinance No.8, Section 6.02 which requires a forty (40) foot setback from a major arterial and to allow the construction and placement of an accessory building to encroach thirty (30) feet in the required setback on the property located at 14287 Raven Street NW, legally described as Lot 9, Block 2, Kensington Estates Second Addition with the following conditions: 1. Trees be planted in the ten (10) foot rear yard setback between the new accessory building and property line. The applicant shall submit to the City a landscape plan showing tree types and planting locations. Plan to be approved by the City prior to installation and submitted by the applicant prior to May I, 2001. 2. The wood privacy fence remain in the rear yard and be maintained. Adopted by the City Council of the City of Andover this 19th day of December, 2000. A TIEST: CITY OF ANDOVER Ii./£", d¿¿· Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R- 259-00 RESOLUTION ADOPTING THE 2001 RISK MANAGEMENT FUND BUDGET. WHEREAS, the preparation and adoption of operating budgets is recognized a sound financial practice; and WHEREAS, the Risk Management Fund was established to provide self-insurance for insurance deductib1es, separation ITom service pay and other unforeseen losses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby establishes the 2001 Risk Management budget as submitted in the amount of $30,382 Adopted by the Andover City Council on this 19th day of December, 2000. CITY OF ANDOVER c- . E. McKelvey, Mayor ATTEST: ~()& Victoria Vo1k, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 261-00 RESOLUTION ESTABLISHING THE 2001 WATER FUND, SEWER FUND AND CENTRAL EQUIPMENT FUND BUDGETS. WHEREAS, the City of Andover Water and Sewer Funds are primarily supported by user fees; and WHEREAS, the Central Equipment Fund is primarily supported by internal user fees charges to operating departments ofthe City; and WHEREAS, the preparation and adoption of operating budgets is recognized as sound fmancial management for planning and monitoring financial condition; and NOW, THEREFORE BE IT RESOLVED that the City Council of City of Andover hereby establish the 2001 budgets for the Water Fund, Sewer Fund and the Central Equipment Fund. Adopted by the City Council ofthe City of Andover this 19th day of December, 2000. CITY OF ANDOVER ATTEST: U~ tf~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 260-00 RESOLUTION ADOPTING THE 2001 SPECIAL REVENUE FUND BUDGETS. WHEREAS, the preparation and adoption of operating budgets is recognized a sound financial practice; and WHEREAS, the Special Revenue Funds were established to justify revenue sources that finance particular functions or projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby establishes the following Special Revenue Fund Budgets and recognizing that modifications to the budgets may be necessary throughout the year for new initiatives; Drainage and Mapping Lower Rum River Management District Capital Equipment Reserve Forestry Septic Disposal Oak Wilt Suppression Economic Development Authority Trail & Transportation Right of Way Management Adopted by the Andover City Council on this 19th day of December, 2000. CITY OF ANDOVER ¿;. . E. McKelvey, Mayor ATTEST: \/ tU;-~ d& Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R - 258-00 RESOLUTION ESTABLISHING THE 2001 PERMANENT IMPROVEMENT REVOLVING FUND BUDGET. WHEREAS, the Pennanent Improvement Revolving Fund was established to provide for the acquisition of equipment of fmancing of improvement projects deemed appropriate by the City Council; and WHEREAS, the preparation and adoption of operating budgets is recognized as sound fmancial management for planning and monitoring financial condition; and NOW, THEREFORE BE IT RESOLVED that the City Council of City of Andover hereby establishes the 2001 budget for the Pennanent Improvement Revolving Fund as submitted in the amount of$I11,200. Adopted by the City Council of the City of Andover this 19th day of December, 2000. CITY OF ANDOVER ATTEST: ~ { m~~~7 u. E. McKelvey, Mayo tL2;:~ ÚrIÞ Victoria Volk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R 7>;7_00 A RESOLUTION GRANTING THE SPECIAL USE PERMITN ARIANCE REQUEST OF WOODLAND DEVELOPMENT CORPORATION 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 32XX BUNKER LAKE BL YD. (PIN32-32-24-l4-0046). WHEREAS, Woodland Development COrPoration has requested a Special Use PermitlVariance to allow the construction of an Area Identification Sign on the property located at 32XX Bunker Lake Blvd. (PIN 32-32-24-14-0046). Said property is legally described as Lot I, Block 8, Woodland Creek. 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 has reviewed the hardship criteria request and has determined that said request meets the criteria of Ordinances No.8; Section 5.04; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance requested; 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 of the Planning and Zoning Commission and approves the Special Use PermitlVariance on said property with the following conditions: 1. That the Special Use Permit be subject to an annual review by staff. 2. That the applicant executes a written agreement for the maintenance ofthe sign. 3. That the applicant obtain a sign permit prior to erection of the sign. 4. That the Special Use Permit be subject to a sunset clause as defined in Ordinance No.8, Section 5.03 (D). Adopted by the City Council ofthe City of Andover on this s,'I' day off)ecemher, 2000. ATTEST CITY OF ANDOVER /Lt;~ d& ' (J 7/01 F 12 .-: 0 èb~ f/l¡fè>W"'~ Victoria V olk, City Clerk J.il McK",lvey, Mayor (Í' 0 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 256-00 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._ 00-37, IN THE WOODLAND CREEK TOWNHOMES AREA. WHEREAS, the City Council has received a petition, dated November 29, 2000, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. 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 Knioht and adopted by the City Council at a reoular meeting this L day of December ,2000, with Councilmembers Jacobson, Kniqht. Trude, Orttel. McKelvey (abstain) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: {}. r }Jj~JÇ~ /,E. McKelvey - Mayor /Lt;;.:.v a,¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R255-00 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF "WOODLAND CREEK TOWNHOMES" BY WOODLAND DEVELOPMENT LOCATED IN SECTION 32, 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 preliminary 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: ]. 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 Contract Rezoning and the Amended 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 as listed shall become the only variances approved on the plat. 5. 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 5th day of December , 20--ºº-. CITY OF ANDOVER ATTEST: ~ t/4 . t¡. mCt Victoria V olk, City Clerk .E. McKelvey, Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R254-00 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT CORPORATION TO AMEND A PLANNED UNIT DEVELOPMENT TO DEVELOP EIGHTEEN (18) TOWNHOMES TO BE KNOWN AS THE SUBDIVISION OF "WOODLAND CREEK TOWNHOMES" ON THE PROPERTY LEGALLY DESCRIBED AS LOT I, BLOCK 8, WOODLAND CREEK. WHEREAS, Woodland Development Corporation has requested an Amended Special Use Permit to amend a Planned Unit Development to develop eighteen (18) townhomes to be known as the subdivision of "Woodland Creek Townhomes" 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 as Lot I, Block 8, Woodland Creek; 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 City Council finds the development to be consistent with the Comprehensive Plan. WHEREAS, a public hearing was held before the Planning and Zoning Commission and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommended to the City Council the approval of the Amended Special Use Permit as requested. Page Two Resolution ASUP/PUD - Woodland Creek Townhomes December 5, 2000 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 Woodland Development Corporation to develop a Planned Unit Development on said property with the following conditions: I. All variances associated with the approval of the Amended Speciai Use Permit for the Planned Unit Development shall be approved with the approval of the preliminary plat. The development standards listed shall be the approved standards for the development. 2. That the Amended Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 3. The Amended Special Use Permit shall be subject to annual review by Staff. 4. The Amended Special Use Permit for the Planned Unit Development shall be contingent upon the approval of the contract rezoning and the preliminary plat of Woodland Creek Townhomes. If any one of these applications or requests fails to be approved, in whole or in part, the amended special use permit shall be considered null and void. 5. A property owners association shall be created with the following docwnents provided to the City for review and approvai by the City Council prior to being recorded with the final plat in accordance with Ordinance No. 112: a. Articles of Incorporation b. By-laws of the association c. Declaration of covenants, conditions and restrictions regulating the properties, maintenance of the common areas. 6. A variance is granted to Ordinance No. 205 to ailow the structures to be similar in exterior architectural design and appearance. Adopted by the City Council of the City of Andover on this --2!!L day of December. 2000. ATTEST ()r!? CI¡Y 9r ~9YFfR . ¡L.;t....J ,-;-/. )..0: ,. ,~./ -' (~-'-~: _ ."_" .-'.,..- .., Victoria V olk, City Clerk lE. McKelvey, Mayor' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 253-00 RESOLUTION EXTENDING THE NORTHWEST ANOKA COUNTY COMMUNITY CONSORTIUM (CONTRACT #2000-174) WHEREAS, the Anoka County Board of Commissioners on May 23, 1995, approved, contingent upon approval by the Intergovernmental and Community Relations Committee, a Northwest Anoka County Community Consortium Joint Powers Agreement; and, WHEREAS, the Intergovernmental Committee on May 25,1995, gave final approval to the Joint Powers Agreement between Anoka County, the Cities of Andover, Anoka and Ramsey, and Anoka-Hennepin School District #11 to create an organization to be known as Northwest Anoka County Community Consortium; and, WHEREAS, said agreement was to sunset on December 31,1996, and could be renewed for additionai terms of two years each by resolution of all of the governing bodies of the parties hereto, prior to the expiration date of December 31, 1996; and, WHEREAS, said agreement was renewed by Resolution #96-162 with a sunset date of December 31,1998, and, by Resolution #99-7 with a sunset date of December 31, 2000; and, WHEREAS, the Anoka County Board of Commissioners wishes to continue the membership of the consortium of the Joint Powers Agreement: NOW, THEREFORE, BE IT RESOLVED that the Anoka County Board of Commissioners authorizes Contract #2000-0174, extending the agreement for a two-year period expiring December 31, 2002. Adopted by the City Council of the City of Andover on this 5th day of December, 2000. ATTEST: CITY OF ANDOVER t.Lé~ I/g .( llk . Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 252-00 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 98-30, CHESTERTON COMMONS 4'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. 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 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 Knioht and adopted by the City Council at a reoular meeting this L day of December ,2000, with Councilmembers Jacobson, Knioht. McKelvev, Ortiel. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . Z. };1e--& J.E. McKelvey - Mayor UJ~ ;~ U Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 251-00 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 98-9, CAMBRIDGE ESTATES (PHASE I/SOUTH AREA). 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 reQular meeting this ~ day of December ,2000, with Councilmembers Jacobson, Kniaht. McKelvey, Orttel. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ø.fM~~ f.J.E. McKelvey - Mayor (k, ·f II- flu uµ úy, ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 250-00 A RESOLUTION GRANTING THE SPECIAL USEN ARIANCE REQUEST OF MIKE GOETZ TO ALLOW FOR THE CONSTRUCTION OF AN AREA IDENTIFICATION SIGN PURSUANT TO ORDINANCE NO.8, SECTION 8.07(D)(2)(H) AND ORDINANCE NO. 10, SECTION 8.04 ON THE PROPERTY LOCATED AT 15629 OSAGE STREET NW, LEGALLY DESCRIBED AS LOT I, BLOCK I, WITTINGTON RIDGE. WHEREAS, Mike Goetz has requested a special use permit/variance to allow for the construction of an area identification sign (18 square feet in size) on the property located at 15629 Osage Street NW, legally described above; and WHEREAS, a public hearing was held and the Planning and Zoning Commission reviewed the request and has determined that said request meets the criteria of Ordinance No.8 and wouid not have a detrimental effect upon the health, safety, morals and general welfare of the City; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the special use permit/variance 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/variance request on said property with the following conditions: 1. The special use pennit/variance be subject to annual review and inspection by Staff. 2. The applicant/property owner execute a written agreement to maintain the sign. 3. The applicant obtain a sign permit prior to the erection of the sign. 4. The special use permit/variance request be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). Adopted by the City Council ofthe City of Andover on this 5th day of December, 2000. ATTEST CITY OF ANDOVER Lt:~ (j~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 249-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 98-30, CHESTERTON COMMONS 4' H 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 $192,683.70, plus $6,088.00 for sealcoat, and the expenses incurred or to be incurred in the making of such improvement amount to $57,857.20 and work previously done amount to $94,188.20 so that the total cost of the improvement will be $350 , 817.10 . 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 $6,644.38. The amount to be assessed against benefited property owners is declared to be $344,172.72 . 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 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 Kniqht and adopted by the City Council at a reqular meeting this 21st day of November ,2000, with Councilmembers Jacobson, Kniqht. McKelvey, Ortlel, Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¡.fM~ t/.J.E. McKelvey - Mayo iL..t.~;-J 1J..¿v Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 248-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 98-9, CAMBRIDGE ESTATES (PHASE I/SOUTH AREA). 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 $378,834.16, plus $10,150.00 for sealcoat, and the expenses incurred or to be incurred in the making of such improvement amount to $111 ,754.86 and work previously done amount to $120,819.33 so that the total cost of the improvement will be $621 ,558.35 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $77.793.30. The amount to be assessed against benefited property owners is declared to be $543,765.05 . 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 Knioht and adopted by the City Council at a reoular meeting this 21st day of November ,2000, with Councilmembers Jacobson, Knioht. McKelvev, Orttel. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST; 1. {. }11(/ ;¿j~Î a.E. McKelvey - Mayor ~d& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 247-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION VOIDING THE CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 00-17 FOR ANOKA COUNTY LIBRARY TRAIL CONSTRUCTION!7IH AVENUE NW. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby void the contract with W.B. Miller, Inc. for Project 00-17, Anoka Countv Librarv Trail Construction!7th Avenue NW. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 21st day of November ,2000 ,with Councilmembers Jacobson, Kniaht. McKelvev. Ortlel. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß. {. JlIv¡¿1V tLt~ 0f.E. McKelvey - Mayor ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 246-00 WHEREAS, the Minnesota Amateur Sports Commission (MASC), and the Department of Children, Families & Learning (CFL), via the State General Fund, provides grant funds to assist local government units of the state of Minnesota for the development and renovation of athletic facilities and soccer fields, and WHEREAS, the City of Andover desires to contract and develop Hidden Creek North Park for the sport of soccer. NOW, THEREFORE BE IT RESOLVED by the City I of Andover. 1. Estimates that the total cost of developing/renovating said facility shall be $75,000 and the City of Andover is requesting $25,000 from the MASC/CFL Youth Enrichment Grant Program and will assume responsibility for the match requirement of $50,000. 2. The City of Andover agrees to own, and assume 100 percent operational costs for said sport facility, and will operate said facility for its intended purpose for the functional list of the facility which is estimated to be 100 years. 3. The City of Andover agrees to enter into necessary and required agreements with the MASC/CFL for the specific purpose of constructing/renovating a sport facility and long-term program direction. 4. That Todd J. Haas, Parks Coordinator and/or the City of Andover is authorized and directed to execute said application and serve as the official liaison with the MASC/CFL. Adopted by the City Council of the City of Andover this 21st day of November, 2000. CITY OF ANDOVER ATTEST: ' { ~~¡{ ~dt£ Victoria Volk - City Clerk Certification I hereby certify that the foregoing resolution is a true and correct copy of the resolution presented to and adopted by the City of Andover at a duly authorized meeting thereof held on the 21st day of November, 2000, as shown by the minutes of said meeting in my possession. City Clerk /L~ tJ.& CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 245-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO HARDRIVES, INC. FOR PROJECT NOS. 00-9 (HIDDEN CREEK NORTH PARKING LOT CONSTRUCTION) & 98-25 (CROSSTOWN BOULEVARD NW TRAIL IMPROVEMENTS) . WHEREAS, pursuant to a written contract signed with the City of Andover on AUQust 1 , 2000, Hardrives. Inc. of ROQers, 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 21st day of November , 2000 , with Councilmembers Jacobson, KniQht. McKelvev, Orttel. Trude voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: a t Æt~ ¿;:Q.E. McKelvey - May .Ii ¿/~ fJu..;µ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R244-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION AND THE SPECIAL ELECTION TO FILL A VACANCY IN TERM EXPIRING I/6/03 HELD ON THE 7TH DAY OF NOVEMBER 2000 IN THE CITY OF ANDOVER, ANOKA COUNTY, MN. The Municipal Election and the Special Election were held in and for the City of Andover on the th day of November 2000 and was in all respects duly and legally canvassed; and the votes received for each candidate are shown on the attached. The following are hereby declared and certified as those elected: Mayor - Mike Gamache (2 year tenn) Councilmembers - Mike Knight, Ken Orttel (4 year tenus) Councilmember - Julie Trude (2-year tenn) The summary of the voter results are hereby attached and made part of this resolution. MOTION seconded by Councilmember Orttel and adopted by the City Council at a Regular meeting the 9th day of November , 2000 with Councilmembers Howard, Jacobson, Knight, Orttel, McKelvey voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: », t. )Jk fjL~ (.t. E. McKelvey - Mayor £7;;;,M ()ø-II-- Victoria V olk - City Clerk m 0'" 0.... ;;: CD 0":: 0":: ~ g, c .., c .., õ' " " 0 !J. !J. .., ::J ;¡:¡ 3' 3' m CD CD c 3 3 ijf '" '" CD CD X .., .., ¡¡; ~ -J r I I ." 0 () J> -< (f 0 ^ I CD CD ;;:: G) CD 0 2 CD c CD CD !!!. ::T ::J C §, ~ ::J 0 ~ ¡¡; 0 II> CD .. - en 'C c. .., .., c. en cC' }[ ^ 3 ~ " !!!. c. II> '" ::J. (ij" ¡¡;. CD .ct ~. 0 c. !" ? ~::r .en .3: ~ CD II> ? S" ¡;¡ .::J :;:- 0 ¡;; ~ ? ~ CD ¡¡¡- CD <- ;¡:¡ ;;:: ~ r 'C 0 r ;;:: c <- CD ::T II> !:. 0 .. II> ::T ::T ¡¡;. <- C. II> po ':< .CD @ - (ij" '" ;¡. ~ CD .::J II> 0 ::J ;<' en ¡¡. 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W -. 0> 00 0 CD ~ W ... 0 0> 00 W '" ...., 0 '" '" 00 '" ~ '" to '" '" ...., .... 0> 00 '" ~ ...., , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 243-00 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 shaH 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 shaH 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 the City Treasurer, except that no interest shaH be charged if the entire assessment is paid within 30 days from the adoption of the resolution. Adopted by the City Council of the City of Andover on this 9~ day of November 2000. ATTEST: CITY OF ANDOVER d:L t/ffi ' t J7k~ Victoria V olk, City Clerk .E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 242-00 A RESOUJTION ADOPTING THE ASSESSMENT ROLL FOR THE C:KI1TIFICATION OF IJI<:I.JNQIJENT SRWKR,W ATER ANn/OR STRI':Kf LIGHTING SERVICE CHARGES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water and/or street lighting service charges. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment jevied 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 from the adoption of the resolution. Motion by Councilmember Knight , seconded by Councilmember Jacobson and adopted by the City.Council of the City of Andover on this 9th day of November, 2000. CITY OF ANDOVER ATTEST: ¡)~~ (J..¿¿/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 241-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREETS ,PROJECT NO. 99-28, NAVAJO STREET NW, 173RD AVENUE NW & 1751H AVENUE NW. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 2001 and shall bear interest at a rate of -º-- percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 9th day of November, 2000 ,with Councilmembers Jacobson, McKelvev, Howard, Orttel. Kniqht (Abstain) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: {), t fí¡C/~~ j.j.E. McKelvey - May /Li. . (j ,,,r-çJ (./..; , Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 240-00 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST BY PAUL AND MARSHA DZIEDZIC TO ALLOW THE OPERATION OF AN OFFICE/W AREHOUSE BUSINESS IN A ACCESSORY BUILDING (DETACHED GARAGE) ON THE PROPERTY LOCATED AT 3928 168TH AVENUE NW, LEGALLY DESCRIBED AS LOT 2, BLOCK 2 ECHO HILLS SECOND ADDITION. WHEREAS, Paul and Marsha Dziedzic requested a Special Use Pennit to allow the operation of an office/warehouse business ftom an accessory building (detached garage) on the property located at 3928 168th Avenue NW, (PIN 08-32-24-32-0012). Said property is legally described as Lot 2, Block 2, Echo Hills Second addition. WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No.8, Sections 5.03 and 4.30. 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 statues; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Pennit 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 request on said property with the following conditions: 1. The home business shall be limited to one (1) employee on site in addition to family members and shall comply with all other home occupation regulations as stated in Ordinance No.8, Section 4.30. 2. No more than eight hundred (800 s.f.) square feet of the accessory structure can be used for the home business as stated in Ordinance NO.8, Section 4.30. 3. Parking requirements shall be met as per Ordinance No.8, Section 8.08. 4. Prior to any business being conducted on the premises an on-site inspection shall be conducted by city staff to assure the business complies with all other applicable City ordinances. Page Two Resolution (SUP 00-10) - Dziedzic 5. The residence shall remain as owner occupied. 6. Hours of operation shall be daily from 8:00 a.m. - 9:00 p.m. 7. Upon sale of the premises for which the Special Use Permit is granted, such permit shall terminate. 8. The Special Use Permit shall be subject to annual review and site inspection by City Staff. 9. The Special Use Permit shall be subject to a sunset clause as stated in Ordinance No.8, Section 5.03(D). Adopted by the City Council of the City of Andover on this 9th day of November, 2000. ATTEST: CITY OF ANDOVER il~ (),/þ . t. bkl!t Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R239-00 A RESOLUTION AMENDING RESOLUTION 094-00 GRANTING THE VACATION OF EASEMENT REQUEST OF ED FIELDS AND SONS TO VACATE PORTIONS OF A DRAINAGE. ROAD AND UTILITY EASEMENT ALSO KNOWN AS "SWALLOW STREET NW" AND "UPLANDER STREET NW" IN THE SOUTHWEST QUARTER OF SECTION 15 AS PART OF THE PRELIMINARY PLAT OF NORTH V ALLEY RIDGE. WHEREAS, Ed Fields and Sons has requested to vacate the following drainage. road and utility easements in the Southwest Quarter of Section 15 as part of the Preliminary Plat of North Valley Ridge: Swallow Street NW The West 66 feet of the North 699.51 feet of the East 354.76 feet as measured along the East and North lines respectively, of the Southwest Quarter of the Southwest Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota. And that part of said Southwest Quarter of the Southwest Quarter that lies within the arc of a circle radius of 66 feet, the vertex point of which is at the intersection of a line parallel with and distant 458.44 feet South of the North line of said Southwest Quarter of Southwest Quarter, as measured along the East line thereof, and a line parallel with and distant 288.76 feet West of the East line of said Southwest Quarter of Southwest Quarter, as measured along the north line thereof. Uplander Street NW The south 100 feet of the west 17 feet of the east 289.99 feet of the West Half of the Northwest Quarter of the Southwest Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured parallel with the east and north lines thereof, and the south lOa feet of the west 17 feet of the east 372.99 feet of said West Half of the Northwest Quarter of the Southwest Quarter as measured parallel with the east and north lines thereof. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage, road and utility easement as requested subject to the following conditions: I) Public dedication of right of way with the recording of the Final Plat of North Valley Ridge to eliminate the need for said vacated drainage. road, and utility easements as dete=ined by the City Engineer. City Council Resolution Page Two Vacation of Easement - North Valley Ridge November 9, 2000 2) That the request is subject to a sunset clause. If the City Council detennines that no significant progress has been made within the first twelve months from the approval date the resolution shall be null and void. Adopted by the City Council of the City of Andover on this 9th day of November 2000. CITY OF ANDOVER ATTEST U~ óv4 Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 238-00 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-18 FOR ANDOVER BOULEVARD NW EXTENSION (HIGH SCHOOL LOCATION). WHEREAS, the City Council is cognizant of the need for the street construction; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Andover Boulevard NW Extension (Hiqh School Location), Project 00-18; and BE IT FURTHER RESOLVED by the City Council to hereby direct SEH to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 9th day of November , 2000 , with Cou ncilmembers Kniqht. Jacobson, McKelvev, Howard, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: {). { Ilk ,r;b ~E. McKelvey - Mayor f' ~ /JJv Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA NO. R 237-00 A RESOLUTION APPROVING RENWAL OF THE CHARITABLE GAMBLING PERMIT FOR THE ANDOVER LIONS CLUB TO CONDUCT A PULLTAB OPERATION AT POV'S SPORTS BAR AND GRILL, 1851 BUNKER LAKE BOULEVARD N.W., ANDOVER, MINNESOTA. WHEREAS, the Andover Lions Club has submitted an application to the City of Andover and the State Charitable Gambling Board for renewal of their permit to operate charitable gambling at Pov's Sports Bar and Grill, 1851 Bunker Lake Boulevard NW, Andover, MN. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota that a charitable gambling license for the Andover Lions Club to operate a puIltab operation at Pov's Sports Bar and Grill be approved for a period of two years beginning January 1, 2001. Adopted by the City Council of the City of Andover this 17th day of October, 2000. Attest: .d~,~ tJ~ Victoria Voil< - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Resolution No. 236-00 - A RESOLUTION APPROVING THE ANDOVER mGH SCHOOL ENVIRONMENTAL ASSESSMENT WORKSHEET (EA W) FINDING NO NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) WHEREAS Minnesota Rules Part 4410.4300 Subp. 14B(2) requires that an EA W be prepared for construction of at least 200,000 square feet of institutional facility floor space in a third or fourth class city; and WHEREAS Minnesota Rules Part 44 I o. I 700 Subp.9 requires that multiple phases be considered as a single project; and WHEREAS On August 25, 2000, an EA W was completed for the Andover High School, which will include up to 276,200 square feet of floor space in the City of Andover; and WHEREAS Beginning on August 28,2000, copies of the EA W were distributed to all persons and agencies on the official Enviromnental Quality Board (EQB) mailing list and other interested parties; and WHEREAS On September 4, 2000, the EA W was publicly noticed in the EQB Monitor, commencing the 30-day; public comment period; and WHEREAS On August 28, 2000, a press release was submitted for publication in the Anoka County Union to announce the completion of the EA W, its availability to interested parties, and the process for submitting comments' on the EA W, and WHEREAS The 3D-day comment period ended on October 4, 2000 at 4:30 p.m. and the City of Andover accepted and responded to all written comments received; and WHEREAS None of the comments received recommended preparation of an EIS; NOW THEREFORE BE IT RESOLVED THAT: 1. The EA W was prepared in compliance with the procedures of the Minnesota Environmental Policy Act and Minnesota Rules, Parts 4410.1000 to 4410.1700 (1997), 2. The EA W satisfactorily addressed all of the issues for which existing information could have been reasonably obtained, 3. Based on the criteria established in Minnesota Rules Part 4410.1700, the project does not have the potential for significant environmental effects, 4. The City makes a "Negative Declaration," 5. An EIS is not required, and 6. The City of Andover is directed to maintain a Record of Decision including the Response to Comments on the EA Wand to notify in writing the project proposer and the EQB. Adopted by the City Council of the City of Andover this 17th day of October, 2000. City of Andover -,f.Jl1v~ .E. McKelvey - Mayor ~ ¿f"a Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 235-00 A REVISED RESOLUTION DESIGNATING NO PARKING FROM THE MONTH OF APRIL 1 TO SEPTEMBER 30 ALONG THE EAST SIDE OF HEATHER STREET NW BETWEEN IVYWOOD STREET NW AND 142ND AVENUE NW. WHEREAS, the City Council is cognizant of the public nuisance, traffic hazard, congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to the problem between April 1 and September 30, and WHEREAS, Resolution No. 134-00 . is null and void. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover that the portion on the east side of Heather Street NW between Ivywood Street NW and 142nd Avenue NW be designated no parking from the months of April 1 to September 30. Adopted by the City Council of the City of Andover this 17th day of October , 2000. ATTEST: ~ ¡),¡..f~~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 234-00 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER CONSTRUCTION OF WOODLAND MEADOWS 3RD ADDITION AS BEING DEVELOPED BY WOODLAND DEVELOPMENT. WHEREAS, the developer has completed the streets and storm sewer of Woodland Meadows 3rd Addition. WHEREAS, the developer has already provided a 1 year maintenance bond and will expire on October 17, 2001 NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby approve the final street and storm sewer construction of Woodland Meadows 3rd Addition. Adopted by the City Council of the City of Andover this 17th day of October, 2000. CITY OF ANDOVER ATTEST: ~.{, M<~ .E. McKelvey - Mayor tL"t:..:, 1I...¿ú Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 233-00 MOTION by Council member Kniaht to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 00-30.13635 & 13625 GLADIOLA STREET NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of..L years, the first of the installments to be payable on or before the 1st Monday in January, 2001 and shall bear interest at a rate of---ª- percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember Howard and adopted by the City Council at a reaular meeting this 1yth day of October ,2000, with Councilmembers Kniqht. Howard, McKelvev, Jacobson, Orttel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ dffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 232-00 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 99-28, NAVAJO STREET NW. 173RD AVENUE NW & 17STH AVENUE NW WHEREAS, by a resolution passed by the City Council on October 3, 2000 , the City Clerk was directed to prepare a proposed assessment of the cost of the improvementfor Project No. 99-28, Navaio Street NW, 173rd Aveneu NW & 17Sth Avenue NW WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 9th day of November. 2000 ,in the City Hall at _ 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged of the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made on or before the 1st Monday in January 2001 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember Howard and adopted by the City Council at a regular meeting this 1ih day of October ,2000, with Councilmembers Knioht. Howard, McKelvev, Jacobson. Orttel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ì?7e" JG .E. McKelvey - Mayor ~ ¡)~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 231-00 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO VOLK SEWER & WATER FOR PROJECT NO. 99-36 FOR THE IMPROVEMENT OF SUNRIDGE . WHEREAS, pursuant to a written contract signed with the City of Andover on May 10, 2000, Volk Sewer & Water of Brooklyn Park, 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 Howard and adopted by the City Council at a reqular meeting this 1ih day of October , 2000 , with Councilmembers Kniqht. Howard, McKelvey, Jacobson. Orttel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ( . . . (lit L« t:" Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 230-00 MOTION by Council member Kniqht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #....1. TO PROJECT NO. 99-36, SUNRIDGE. WHEREAS, the City of Andover has a contract for Project No. 99-36 with_ Volk Sewer & Water of Brooklvn Park, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 99-36. MOTION seconded by Council member Howard and adopted by the City Council at a reaular meeting this 1 ih day of October ,2000, with Council members Kniqht. Howard, McKelvey, Jacobson, Orttel (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: fl, t }Jt/ J(L¡ U.E. McKelvey -'Mayor tkdæ Victoria Volk - City Clerk_ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 229-00 MOTION by Council member KniQht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-1.. TO PROJECT NO. 98-22A, WELL PUMPHOUSE #7. WHEREAS, the City of Andover has a contract for Project No. 99-36 with_ Maqney Construction, Inc. of Excelsior, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 98-22A. MOTION seconded by Council member Howard and adopted by the City Council at a reQular meeting this 1 ih day of October ,2000, with Council members Kniaht. Howard, McKelvey, Jacobson, Orttel (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: t MC/;¿ .E. McKelvey - Mayor d~ ff,æ Victoria Volk - City Clerk_ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R228-00 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF PATRICK DAHLER TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON LOT 30, BLOCK 1, 14434 BLUEBIRD ST. NW (pIN 26-32-24-31- 0084). WHEREAS, Patrick Dahler has requested to vacate a portion of a drainage and utility easement at 14434 Bluebird St. NW, legally described as Lot 30, Block 1, JONATHAN WOODS, legally described as follows: Beginning at the northwest corner of said lot; thence South 0 degrees 42 minutes 35 seconds East, assumed bearing, along the west line of said lot 37.00 feet; thence south 44 degrees 56 minutes 49 seconds East 18.42 feet; thence North 75 degrees 00 minutes 00 seconds East 14.1 0 feet; thence North 18 degrees 00 minutes 23 seconds East 8.58 feet; thence North 84 degrees 43 minutes 10 seconds East 34.55 feet to the northeasterly line of said lot; thence northwesterly along said northeasterly line 38.49 feet along a nontangential curve concave to the northeast with a central angle of 02 degrees 33 minutes 07 seconds a radius of 864.14 feet and a chord which bears North 24 degrees 41 minutes 39 seconds West to the northeast corner of said lot; thence North 89 degrees 54 minutes 29 seconds West along the north line of said lot 48.07 feet to the point of beginning and there terminating. Except therefrom the west 10.00 feet the north 5.00 feet and the Northeasterly 10.00 feet. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested. Adopted by the City Council of the City of Andover on this 3rd day of October, 2000. CITY OF ANDOVER ATTEST d ;-;/;;'. - . iJ...¿¿, Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 227-00 A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF DELINQUENT MOWING CHARGES. WHEREAS, in accordance with City Ordinance 219, a listing of delinquent mowing charges has been prepared. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA: I. A hearing shall be held the _9th_ day of November, 2000 at the Andover City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opporturúty to be heard with reference to such assessment. II. 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. III. 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. Adopted by the City Council of the City of Andover this 3rd day of October, 2000. CITY OF ANDOVER Attest: iï' f. JJ1~ J4Lt . E. McKelvey - Mayor ~t/& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R226-00 A RESOLUTION DECLARING COST AND DIRECTING PREPARATION 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 $105.00 exist as of September 30, 2000¡ and WHEREAS, Section 5 or Ordinance 219 provides for the collection by assessment of unpaid mowing charges. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA: The amount of the cost to be assessed against benefited property owners is declared to be $105.00 plus an administrative fee of 20%. The assessment shall be payable in equal annual installments extending over a period of one year. The first of the installments to be payable on or before the first Monday in January 2001, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 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 me a copy of such proposed assessment in the Clerk's office for public inspection. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council of the City of Andover this 3rd day of October, 2000. CITY OF ANDOVER Attest: ~ ¡}rIb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 225-00 A RESOLUTION SETTING FEES FOR TEMPORARY OUTDOOR PROMOTIONAL EVENTS (GRAND OPENINGS, ANNIVERSARIES, CARNIVALS AND SIMILAR EVENTS) IN NON RESIDENTIAL ZONING DISTRICTS. The City Council of the City of Andover hereby resolves: Temporarv Outdoor Promotional Fee $100.00 Per Event Adopted by the City Council of the City of Andover on this 3rd day of October. 2000. ATTEST: CITY OF ANDOVER ~LJ~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R224-00 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF NORTH VALLEY RIDGE, AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CORPORATION, IN SECTION 15-32-24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of North Vallev Ridqe ; and WHEREAS, the Developer has presented the final plat of North Vallev Ridqe: 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 North Vallev Ridoe 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 and escrows paid. 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 is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, LRRWMO, MPCA and any other agency that may be interested in the site. 8. Park dedication and trail fees as required. 9. Variance from Ordinance No. 10, Section 9.06A2 for the 150'x1'50' buildable area requirement for Lot 2, Block 2. 10. Relocation of accessory structure (garage) on Lot 1, Block 1 to comply with all applicable ordinances and codes. 11. Contingent on staff review and approval for compliance with City ordinances, policies and guidelines. Adopted by the City Council of the City of Andover this 3rd day of October ,2000. CITY OF ANDOVER ATTEST: dt: )J/~ d..-tA.../ ¡),;-/.b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 223-00 MOTION by Councilmember Ortlel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 00-1, 3148 BUNKER LAKE BOULEVARD NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of..L years, the first of the installments to be payable on or before the 1st Monday in January, 2001 and shall bear interest at a rate of ---ª- percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember Knioht and adopted by the City Council at a reoular meeting this 3rd day of October ,2000, with Councilmembers Ortlel. Knioht. McKelvev, Howard, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f)' t Ìlt~ 1;;1 !I.E. McKelvey - Mayor 7 ~ aa-- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 222-00 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 00-25. 3532 - 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 ..L years, the first of the installments to be payable on or before the 1st Monday in January, 2001 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 Kniaht and adopted by the City Council at a reaular meeting this 3rd day of October ,2000, with Councilmembers Orttel. Kniaht. McKelvev, Howard, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: r1:;t~ ((-Ió Victoria Volk . City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 221-00 MOTION by Councilmember Ortlel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 99-39,1970 _14aTH 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 Í- years, the first of the installments to be payable on or before the 1st Monday in January, 2001 and shall bear interest at a rate of -ª- percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember KniQht and adopted by the City Council at a reQular meeting this 3rd day of October ,2000, with Councilmembers Ortlel. KniQht. McKelvev, Howard, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: t), f. 71t-~j{~ (fE. McKe vey - ayor Æ£;A"- / !/.$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 220-00 MOTION by Councilmember Ortlel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND 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 ~ years, the first of the installments to be payable on or before the 1st Monday in January, 2001 and shall bear interest at a rate of -ª- percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember KniQht and adopted by the City Council at a reQular meeting this 3rd day of October ,2000, with Councilmembers Ortlel, Kniaht. McKelvev, Howard, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f). /;. mt 10!;:y ßE. McKelvey '- Mayor ~tJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R1l9-00 A RESOLUTION APPOINTING JUDGES TO SERVE AT THE NOVEMBER 7,2000 GENERAL ELECTION IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby resolves: The persons as shown below are hereby appointed judges for the General Election to be held on Tuesday, November 7, 2000 in the City of Andover: Precinct # I - Hope Lutheran Church Precinct #3 - Riverdale Assemblv of God Church Sylvia V olk, Chief - Republican Michael St. John - Chief - Republican Jan Gilpin - Republican Margaret Engstrom - Republican LeeAnn Horton - DFL Terry Louie - DFL Katherine Green - DFL Elaine Boos - Republican Signe Renshaw - DFL Phyliis Kieffer - Republican Shirley Sanborn - Republican Carol Smith - Republican Richard Snyder - Independence Precinct #4 - The Farmstead Gloria Young - Republican Barb Wells, Chief - Republican Precinct #2 - Grace Lutheran Church Brenda Fildes - DFL Michelle Hartner - DFL Vema Hennen, Chief - Republican Mildred Johnson - DFL Robert Belousek - Republican Mary Lou Schmidtke - Republican Janet Conway - DFL Deborah Ybarra - DFL Carol Bradley - DFL Katie Greene - Student Beverly Fleischer - Independence Pam Forcier - Republican Precinct #5 - Meadow Creek Church Sharon Hanson - Republican Ann Lown - DFL Terry VanNote, Chief - Republican Joyce Nichols - Republican Barb Collette, Republican Marie Romo - Independence Susan Wood - Republican Mickì Harris - DFL Deborah Greene - DFL Jane Herr - DFL Carole Hibbard - Republican Mary May - DFL Kristyn Boliig - Student Precinct #6 - Bunker Hills Activitv Center Precinct #9 - Prairie Oak Community Church Jeff Johuson, Chief - Republican Cindy Brostrom, Chief - DFL Harold Engler - DFL Mary Boynton - Republican Wvva Kepler- Republican Elvera Danner - Republican Linda Louie - Republican Susan Fanucci - Republican Larry Mueller - Independence Nonna Johuson - Independence Rick Vandebrake - Independence Marlene Palm - DFL LeRoy Mueller - Republican Sue Rylander - DFL Lucy Schalwig - Independence Precinct #7 - World of Pentecost Church Kirk Ayers - DFL Janie Hemmelgarn, Chief - DFL Marlo Heyne - Republican Jan Margotto - Republican Sonja Mitchell- Republican Mary Sullivan - Republican Loretta Sunderla.nd - Republican EdithTray-DFL Precinct #8 - Familv of Christ Lutheran Church· Peggy Olson, Chief - Republican Eleanor Apel - DFL Susan Beal - Republican Lola Money - DFL Carol Mueller - Republican Linda Russell - Republican Adopted by the City Council of the City of Andover this 3" day of October. 2000. CITY OF ANDOVER Attest: d· t /Æ<~ /" E. McKelvey - Mayor ~ (/~ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 218-00 MOTION by Councilmember Ortiel to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT 00-30, 13635 & 13625 GLADIOLA STREET NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 5.966.00 so that the total cost of the improvement will be $ 30,849.84 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 $ 20.566.56 the amount to be assessed against benefited property owners is declared to be $6,961.18 (13635 Gladiola Street NW) & $7,682.96 (13625 Gladiola Street NW) 2. Assessments shall be payable in equal annual installments extending over a period of ..2.... years. The first of the installments to be payable on or before the 1st Monday in January 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 iand 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 L- day of October, 2000 , with Councilmembers Ortiel. Kniaht. McKelvev, Howard, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~!/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 217-00 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO HYDROCON. INC. FOR PROJECT NO. 00-30 FOR THE IMPROVEMENT OF 13635 & 13625 GLADIOLA STREET NW . WHEREAS, pursuant to a written contract signed with the City of Andover on AUQust 15. 2000, Hvdrocon, inc. of North Branch, 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 reaular meeting this L. day of October , 2000 , with Councilmembers Orttel, Kniaht, McKelvey, Howard, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: , ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 216-00 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREET PAVING, FOR PROJECT 99-28. NAVAJO STREET NW. 173RD AVENUE NW & 1751H AVENUE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $99,567.21 , the expenses incurred or to be incurred in the making of such improvement amount to $ 33,896.00 so that the total project cost of the improvement will be $133.463.21 . 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 $ 48,781.17 the amount to be assessed against benefited property owners is declared to be $ 84,682.04. 2. Assessments shall be payable in equal annual installments extending over a period of 2- years. The first of the installments to be payable on or before the 1st Monday in January 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 Knioht and adopted by the City Council at a reoular meeting this ~ day of October, 2000 , with Councilmembers Orttel. Knioht. McKelvev, Howard, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (L~_/ (j¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 215-00 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO BAUERL Y COMPANIES FOR PROJECT NO. 99-28 FOR THE IMPROVEMENT OF NAVAJO STREET NW, 173RD AVENUE NW & 175TH AVENUE NW . WHEREAS, pursuant to a written contract signed with the City of Andover on May 2. 2000, Bauerly Companies 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 Kniaht and adopted by the City Council at a reoular meeting this 3rd day of October , 2000 , with Councilmembers Orttel. Kniaht. McKelvev, Howard. Jacobson {absent} voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Q ,f, 1l!tJ j(¡i,~ (.J.E. McKelvey - Mayor ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 214-00 MOTION by Councílmember Orttel to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO BAUERL Y COMPANIES FOR PROJECT NOS. 94-308 & 94-30C FOR THE IMPROVEMENT OF CITY HALL PARKING LOT IMPROVEMENTS. WHEREAS, pursuant to a written contract signed with the City of Andover on March 6, 2000, Bauerlv Companies 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 reQular meeting this 3rd day of October , 2000 , with Councilmembers Orttel. KniQht. McKelvey, Howard, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ") ATTEST: f). t. M~_ ~1~ {¡J.E. McKelvey -·Mayor IL:t,~t1¿j; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 213-00 MOTION by Council member Orttel to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 1 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. MOTION seconded by Council member Kniaht and adopted by the City Council at a reQular meeting this L- day of October ,2000, with Council members Orttel. Knight. McKelvey, Howard, Jacobson (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER rf . Z. l77. ATTEST: .E. McKelvey - Mayor djf~ tJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 212-00 MOTION by Councilmember Ortlel 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 9th day of November 2000, at City Hall at 7:00 P.M. to pass upon such p'roposed 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 Kniqht and adopted by the City Council at a regular meeting this 3rd day of October , 2000, with Councilmembers Howard, McKelvev, Knight, Ortlel, Jacobsonabsent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 'I !It l ,,;t;~ l../b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R211-00 MOTION by Councilmember Ortlel to adopt the following: A RESOLUTION DECLARiNG COST AND DIRECTiNG PREPARATION OF ASSESSMENT ROLL FOR THE CERTiFICATION OF DELINQUENT UTiUTY SERViCES CHARGES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges in the amount of $ 26,782.19 exist as of September 30, 2000; 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 $ 26,782.19 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 payable on or before the first Monday in January 2001, 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 caiculate 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 Kniqht and adopted by the City Council at a reGular meeting this 3rd day of October , 20 00 , with Councilmembers McKelvev, Knight. Ortlel, Howard, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (/ t }f}~!(~~ {:i;::., tJ4 VE. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RllO-OO A RESOLUTION AUTHORlZING A TAX RATE INCREASE FOR THE 2000 TAX LEVY, COLLECTIBLE IN 200I. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, County of Anoka, Minnesota, that the county auditor is authorized to ftx a property tax rate for taxes payable in the year 2001 that is higher than the tax rate calculated pursuant to Minnesota Statutes § 204B.135 for the City for taxes levied in 2000, collectible in 200 I. Adoption of this resolution does not prohibit the City :trom certifYing a fmal levy that will result in no tax rate increase or a tax rate decrease. The city clerk is hereby instructed to transmit a certified copy of this resolution to the county auditor of Anoka County, Minnesota. Adopted by the Andover City Council on the 19th day of SePtember, 2000. CITY OF ANDOVER A TrEST: ~{/$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R?OQ-OO A RESOLUTION CALLING FOR THE APPOINTMENT OF A DATA PRACTICES COMPLIANCE OFFICIAL. WHEREAS, Minnesota Statutes, Section 13.05 Subd. 13 requires that the city appoint a city employee to act as its data practices compliance official to receive questions or concerns regarding problems in obtaining access to data or other data practices problems within the city, and, WHEREAS, the city council shares the concern expressed by the Legislature about access to city data and wishes to satisfy this concern by immediately appointing a qualified data practices compliance official as required under statute, NOW, THEREFORE, BE IT RESOLVED, the city council appoints the City Clerk as the data practices compliance official to receive questions and concerns regarding problems in obtaining access to data or other data practices problems. Adopted by the Andover City Council on 19th day of September, 2000. CITY OF ANDOVER ATTEST: IL7;;...; ¡j¿U Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 208-00 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROll FOR THE IMPROVEMENT OF_ SANiTARY SEWER, WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 98-28. SHADOWBROOK 51H ADDITION. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE iT RESOLVED BY THE CiTY COUNCil OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 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 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 19TH day of September, 2000 , with Councilmembers Kniqht. Jacobson, McKelvev. Howard, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . (, me- .E. McKelvey - Mayor d~ IJÆ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 207-00 MOTION by Councilmember KniQht to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROll FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 98-27, FOX HOllOW. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCil OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 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 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 reoular meeting this 19th day of September ,2000, with Councilmembers Knioht. Jacobson, McKelvev, Howard, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: V [, Jr;u~h ';«'E. McKelvey - Mayor rl'-;/;;~./ {/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 206-00 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATiON OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT 00-1, 3148 BUNKER LAKE BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 4,858.86 so that the total cost of the improvement will be $4,858.86 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 4,858.86 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 1st Monday in January 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 Jacobson and adopted by the City Council at a reaular meeting this 19th day of September ,2000, with Councilmembers Kniaht. Jacobson, McKelvev, Howard, Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . t. mC/ ;L¿-~ IUØ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 205-00 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT 00-25, 3532 - 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 willbe$ 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 $ -0- 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 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 Jacobson and adopted by the City Council at a reaular meeting this 19th day of September ,2000, with Councilmembers Kniaht. Jacobson. McKelvev, Howard, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ {). t- )Jk J0. þf.E. McKelvey - Mayor ILL tldt Victoria Volk - City Clerk CiTY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 204-00 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT 99-39, 1970 _14STH 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 $ 4,954.60 so that the total cost of the improvement willbe$ 4,954.60 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 4,954.60 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 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 Jacobson and adopted by the City Council at a reaular meeting this 19th day of September ,2000, with Councilmembers Kniaht. Jacobson, McKelvev, Howard, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ,t. me--~ :J.E. McKelvey - Mayor iLL ¡Jib Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 203-00 MOTION by Councilmember kn iq ht to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN, 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 $ 7,634.75 so that the total cost of the improvement will be $ 7,634.75 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 7,634.75 2. Assessments shall be payable in equal annual installments extending over a period of .Q... years. The first of the installments to be payable on or before the 1st Monday in January 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 Jacobson and adopted by the City Council at a reaular meeting this 19th day of September , 2000 , with Councilmembers Kniqht. Jacobson, McKelvey, Howard. Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J). t ;Þ¡0~~ £Y.E. McKelvey - Mayor ~IJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 202-00 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND OBTAINING QUOTES FOR PROJECT NO. 00-28 ,FOR MISC. PARK TRAIL IMPROVEMENTS. WHEREAS, pursuant to Resolution No. 201-00 , adopted by the City Council on the 5th day of September 19, 2000 ,the City Enaineer has prepared final plans and specifications for Project 00-28 for Misc. Park Traillmorovements . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of September ,2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this 5th day of September , 2000 , with Councilmembers Kniaht. Jacobson, McKelvev, Howard, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ,t. tdv kt .E. McKelvey - Mayor ~ {/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 201-00 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION RE-ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-28 FOR MISC. PARK TRAIL IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the miscellaneous park trail improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Misc. Park Trail Improvements, Project 00-28; and BE IT FURTHER RESOLVED by the City Council to hereby direct the---ºJ!ï.. 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 19th day of September , 2000 , with Councilmembers Kniaht. Jacobson. McKelvev, Howard, Ortiel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Çj. f. lrJ~J(* VE. McKelvey - Mayor ~ ¿¡db Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 200-00 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND OBTAINING QUOTES FOR PROJECT NO. 00-17 , FOR ANOKA COUNTY LIBRARY TRAIL. WHEREAS, pursuant to Resolution No. 187-00, adopted by the City Council on the 5th day of September, 2000 ,the Citv Enoineer has prepared final plans and specifications for Project 00-17 for Anoka Countv Librarv Trail. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of September ,2000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this 19th day of September , 2000 , with Councilmembers Kniaht. Jacobson, McKelvev, Howard. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST; J) t. )JJ&Jš.~ .?:f.E. McKelvey - Mayor ~ tlrt.? Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 199-00 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER CONSTRUCTION OF TIMBER RIVER ESTATES AS BEING DEVELOPED BY WOODLAND DEVELOPMENT. WHEREAS, the developer has completed the streets and storm sewer of Timber River Estates. WHEREAS, the developer has already provided a 1 year maintenance bond and will expire on September 19, 2000 NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby approve the final street and storm sewer construction of Timber River Estates. Adopted by the City Council of the City of Andover this 19th day of September , 2000. CITY OF ANDOVER ATTEST: .£. )lk )(, .E. McKelvey - Mayor d;z;;. tJ.Æ "-" Victoria Volk - City Clerk · CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 196-00 MOTION by Council member Kniaht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...1.. TO PROJECT NO. 99-18, SHADOWBROOK 6TH ADDITION. WHEREAS, the City of Andover has a contract for Project No. 99-18 with_ Ryan ContractinQ, Inc. of Shakopee, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 99-18. MOTION seconded by Council member Jacobson and adopted by the City Council at a reaular meeting this 19th day of September ,2000, with Council members Kniaht. Jacobson, McKelvev. Howard, Ortiel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Jl t Mc;~~ f.f.E. McKelvey - Mayor ~ t/,¿b Victoria Volk - City Clerk~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 195-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ODLAND CONSTRUCTION INC. FOR PROJECT NO. 99-21 FOR THE IMPROVEMENT OF SUNSHINE PARK SHELTER . WHEREAS, pursuant to a written contract signed with the City of Andover on Auqust 17, 1999, Odland Construction inc. of Stillwater, 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 reaular meeting this 5th day of September , 2000 , with Councilmembers Jacobson, Knioht. McKelvev, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: &. t )JJ¿,~~ .E. McKelvey - Mayor ~ t!~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 194-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 3 TO PROJECT NO. 99-21, SUNSHINE PARK SHELTER. WHEREAS, the City of Andover has a contract for Project No. 99-21 with_ Odland Construction, Inc. of Stillwater, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 99-21. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 5th day of September ,2000, with Councilmembers Jacobson, Knight. McKelvev, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (j, t };ft"/ /5:;~7 (IE. McKelvey - Mayor ~¡UL Victoria Volk - City Clerk_ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R 1 Q1_00 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2001 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 ITom its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy and budget prior to September 15, 2000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2001 property tax levy totaling $5,038,784, of which $4,476,698 is for general operating purposes and is levied against all taxable property within the City of Andover, $25,759 is levied against property located within the Lower Rum River Watershed District for the City of Andover's share of costs of this organization and $536,327 is for the repayment of bonded indebtedness as follows: 199 I Fire Station Bonds $ 261,450 1999 Certificate ofIndebtedness $ ?74.,877 Total $53h ':t')7 , BE IT FURTIfER RESOLVED that the City Council of the City of Andover hereby establishes the preliminary General Fund budget as follows: RPVFNTTF" PXPPNI1TTTIRP" Property Taxes $ 4,031,155 General Government $ 1,954,448 License and Permits 802,020 Public Safety 2,164,109 Intergovernmental Revenue 1,095,251 Public Works 2,860,563 Charges for Current Services 569,260 Other 13'i Q1? , Fines and Forfeits 65,300 Miscellaneous Revenue 308,000 Transfers ?MOI\7 , Total ~ "1,11~~fl.-'\3 Total $ 7,115,OSJ Adopted by the City of Andover this 'ith day of September, 2000. CITY OF ANDOVER ATTEST: 1ï.? Þl~~~ 1. E. McKelvey - Mayor ft./ {lIb 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 careful1y compared the attached Resolution No. R 1 q,.oo adopting the 2001 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 --5íh..-day of September, 2000. ~()~ Victoria Volk - City Clerk . EXTRACT OF MINUTES OF A MEETING OF THE ( CITY COUNCIL OF THE CITY OF ANDOVER, Mll{NESOTA HELD: September 5, 2000 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 5th day of September, 2000, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the sale of, $3,350,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2000B of the City. The following members were present: J.E. McKelvey, Donald Jacobson, Kenneth Orttel and Michael Knight; and the following were absent: none. One council seat is vacant. Member Knight introduced the following resolution and moved its adoption: Rl92-00 RESOLUTION ACCEPTING PROPOSAL ON SALE OF $3,350,000 GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2000B, PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS A. WHEREAS, the City of Andover, Minnesota (the "City"), has heretofore determined and declared that it is necessary and expedient to issue $3,350,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2000B (the "Bonds"), pursuant to Minnesota Statutes, Chapters 429 and 475, to fmance various public improvements within the City (the "Improvements"), particularly street and utility improvements; and B. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and C. . WHEREAS, the City has retained Ehlers and Associates, Inc., in Roseville, Minnesota ("Ehlers") as its independent financial advisor for the Bonds and therefore proposals to purchase the Bonds have been solicited by Ehlers in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and 1204314.1 D. WHEREAS, proposals set forth on Exhibit A attached hereto were ( received pursuant to the Terms of Proposal at the offices of Ehlers, in the presence ofthe City Clerk, or designee, at 12:00 Noon, 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: 1. Acceptance of Proposal. The proposal of A.G. Edwards & Sons, Inc., St. Louis, Missouri (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 $3,303,248.10, 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: OrÍlÚnal Issue Date: Denominations: Maturities: Term Bond Option. The Bonds shall be titled "General Obligation Permanent Improvement Revolving Fund Bonds, Series 2000B", shall be dated September 1, 2000, 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 $610,000 2004 640,000 2005 670,000 2006 700,000 2007 730,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond( s). (b) Book Entrv Only Svstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: 1204314.1 2 (i) The Bonds shall be initially issued and, so long as they remain in book entry / fonn only (the "Book Entry Only Period"), shall at ail times be in the fonn of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership ofthe Bonds shail 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 "Beneficiai Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shail 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 principai 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, shail pay ail 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 shail be valid and effective to fully satisfy and discharge the City's obligations with respect to the principai of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the 1204314.1 3 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 ofa 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 8: notation ofthe reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Tennination of Book-Entrv Onlv Svstem. Discontinuance of a particular Depository's services and tennination of the book-entry only system may be effected as follows: (i) The Depository may detennine 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 tenninate the services of the Depository with respect to the Bond if it detennines that the Depository is no longer able to carry out its functions as securities depository or the continuation ofthe 1204314.1 4 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 ofthe Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may"be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Pw:pose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include ail costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1,2001, 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:. 1204314.1 5 Maturity Interest Year Rate 2003 4.200% 2004 4.200% 2005 4.300% 2006 4.375% 2007 4.375% 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 of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if nec.essary) 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 1204314.1 6 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 fonn: 1204314.1 7 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKACOUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BOND, SERIES 2000B INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP SEPTEMBER 1, 2000 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Andover, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 200 I, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest 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 S1. 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 1204314.1 8 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 Resolution, and surrender of this Bond shall not be required for payment ofthe redemption price upon a partial redemption ofthis Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name 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 WI1NESS 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 ofthe book-entry only system under paragraph 2 hereof. 1204314.1 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 Is! Facsimile NATIONAL ASSOCIATION Clerk St. Paul, Minnesota Bond Registrar By Authorized Signature 1204314.1 10 ON REVERSE OF BOND Redemntion. 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 of the Issuer 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 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 shaH 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, shaH equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance: Pw:pose: General Obligation. This Bond is one of an issue in the total principal amount of $3,350,000, all oflike date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption pr.ivilege, 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 September 5, 2000 (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 1204314.1 11 exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference·is hereby made to the Resolution for a description ofthe rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office ofthe Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, ofthe 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. Oualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 1204314.1 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 Unifonn (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 1204314.1 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 firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 1204314.1 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 DATE AMOUNT SIGNATURE OF HOLDER 1204314.1 15 8. Execution: TemDorarv Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf ofthe City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as 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 September 1, 2000. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 1 O. Re~istration: Transfer: Exchanl?:e. 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 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. 1204314.1 16 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Deliverv: Application of Proceeds. The Bonds 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. 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 2000B Debt Service Account," to be administered and maintained by the Treasurer as bookkeeping accounts separate and apart from all other funds maintained in the officiai financial records of the City. The Permanent Improvement Revolving Fund shall be maintained in the manner as herein specified until all ofthe Bonds and any other obligations made payable from the Permanent Improvement Revolving Fund (the "Additional Bonds") and the interest thereon and all improvements to be paid from the Permanent Improvement Revolving Fund have been fully paid. (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 $3,299,800, 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 shail be paid all costs and expenses of making the Improvements listed in paragraph 16, and such other improvements for which special assessments may be levied as the City Council may designate (the "Additionai 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 aiso be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of special assessments herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements or any Additional Improvements there shall remain any unexpended balance in the Permanent Improvement Revolving Fund, the balance may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Permanent Improvement Revolving Fund shall only be applied towards payment of the costs of the Improvements or Additional Improvements upon the determination by the Finance Director that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. The City reserves the right granted by 1204314.1 18 Minnesota Statutes, Section 429.091, Subdivision 7A to establish a separate construction account within the Pennanent Improvement Revolving Fund into which the City may deposit the proceeds of the Bonds or the proceeds of Additional Bonds. (b) Series 2000B Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Series 2000B 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 ofthe Bonds; (iii) all funds paid for the Bonds in excess of $3,299,800; (iv) any collections of all taxes which may hereafter be levied in the event that the special assessments and other revenues herein pledged to the payment of the principal and interest on the Bonds are insufficient therefore; (v) all funds remaining in the 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 2000B 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 2000B Debt Service Account. The Series 2000B Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Pennanent Improvement Revolving Fund or Series 2000B Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby detennined that no less than one hundred percent (100%) of the cost to the City of each Improvement financed hereunder (Woodland Estates 2nd Addition, Shadowbrook Sixth Addition, Grey Oaks, Sunridge) within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. 1204314.1 19 The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land 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 further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as are required by conditions in existence at the time the assessments are levied, the assessments are hereby authorized and it is hereby determined that the assessments shall be payable in equal, consecutive, annual installments, including both principal and interest at a rate per annum of approximately 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. Coverage Test. The special assessments are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. Consequently, no taxes are levied at the present time. 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 1204314.1 20 notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. ComDliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itselffor 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 $1 00,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150- 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of 18 months after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service, but not more than three years after the date of the Reimbursement Expenditure. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if 1204314.1 21 made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 19 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 20. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities infonnation 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 tenns of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial infonnation with respect to the City described in the Undertaking. (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 òfficer 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 fonn presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 21. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Series 1204314.1 22 2000B 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 shaH 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 trom the Series 2000B Debt Service Account when a sufficient balance is available therein. 22. Certificate of Rel!istration. 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, and that the tax levy required by law has been made. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear trom 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. Nel!ative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion trom gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of$5,000,000. For purposes of qualifYing for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) 1204314.1 23, 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 compiete 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, $3,350,000 General Obligation Permanent Improvement Revolving Fund Bonds, Series 2000B of said City. WITNESS my hand this 5th day of September, 2000. ~ ¿f~ Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, Mll{¡NESOTA HELD: September 5, 2000 Pursuant to due call and.notice thereof, a regular meeting ofthe City Council of the City of Andover, Anoka County, Minnesota, was duly called and held at the City Hall in said City on Tuesday, the 5th day of September, 2000, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the sale of, $2,445,000 Taxable General Obligation Tax Increment Bonds, Series 2000A of the City. The following members were present: J.E. McKelvey, Donald Jacobson, Kenneth Orttel and Michael Knight and the following were absent: none. One Council seat is vacant. Member Jacobson introduced the following resolution and moved its adoption. R191-00 RESOLUTION ACCEPTING PROPOSAL ON SALE OF $2,445,000 TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2000A, PROVIDING FOR THEIR ISSUANCE, PLEDGING TAX INCREMENTS FOR THE SECURITY THEREOF, AUTHORIZING EXECUTION OF A TAX INCREMENT PLEDGE AGREEMENT A. WHEREAS, the Andover Economic Development Authority, Minnesota (the "Authority"), has heretofore on AprilS, 1994 accepted jurisdiction over Development District No.1 (the "Development District") heretofore established by the City of Andover, Minnesota on July 29, 1986 (the "City") pursuant to the provisions of Minnesota Statutes, Section 469.090 through 469.1081 (the "Act"), and has accepted jurisdiction over a development program (the "Program") with respect to the Development District; and B. WHEREAS, the Authority has also accepted jurisdiction over the tax increment fmancing plan, as most recently amended on June 20, 2000 (the "Plan"), and the Council heretofore designated Tax Increment Financing District No.1-I, a redevelopment district (the "Tax Increment District") under the provisions of Minnesota Statutes, Section 469.174 through 469.179; and 1202532.1 C. WHEREAS, pursuant to the provisions of the Program and Plan, funds are to be expended within the Development District to provide money to finance certain program and public redevelopment costs, particularly the acquisition ofland within the Development District, as set forth in the Plan (the "Project") through the issuance of $2,445,000 Taxable General Obligation Tax Increment Bonds, Series 2000A (the "Bonds"); and D. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue the Bonds pursuant to Minnesota Statutes, Chapters 469 and 475, to finance the Project; and E. WHEREAS, it has been determined that the interest on the obligations is taxable and the requirements as to public sale referred to in Minnesota Statutes, Section 475.60, Subdivision 1 shall not apply as permitted by Minnesota Statutes, Section 475.60, Subdivision 2(6); however, the City has retained Ehlers and Associates, Inc., in Roseville, Minnesota ("Ehlers ") as its independent financial advisor for the Bonds and therefore proposals to purchase the Bonds have been solicited by Ehlers in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and F. WHEREAS, proposals set forth on Exhibit A attached hereto were received pursuant to the Terms of Proposal at the offices of Ehlers, in the presence of the City Clerk, or designee, at 12:00 Noon, Central Time, this same day; and G. WHEREAS, H. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: I. Acceptance of Proposal. The proposal of Salomon Smith Barney, Chicago, Illinois (the "Purchaser"), to purchase the Bonds of the City (or individually, a "Bond"), in accordance with the Terms of Proposal therefor, at the rates of interest hereinafter set forth, and to pay therefor the swn of$2,411,220.35, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proPQsal 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. 1202532.1 2 2. Bond Terms. (a) Title: Original Issue Date: Denominations: Maturities: Term Bond Option. The Bonds shall be titled "Taxable General Obligation Tax Increment Bonds, Series 2000A", shall be dated September I, 2000, 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 August 1 and February 1 in the years and amounts as follows: Year Amount Year Amount August 1,2001 $50,000 February 1,2006 $160,000 February 1,2002 50,000 August 1, 2006 160,000 August 1,2002 50,000 February 1,2007 165,000 February 1, 2003 50,000 August 1, 2007 175,000 August 1,2003 70,000 February 1, 2008 175,000 February 1,2004 70,000 August 1,2008 200,000 August 1,2004 140,000 February 1,2009 200,000 February 1,2005 145,000 August 1,2009 210,000 August 1,2005 160,000 February 1,2010 215,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entrv Onlv Svstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or 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 Qfthe 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"). 1202532.1 3 (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 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 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 1202532.1 4 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 ITom time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entry Only Svstem. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the B,ond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository 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 1202532.1 5 City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered In the bond register in the name of the Nominee, but may be registered In whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance wIth paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisIons of paragraph 10 hereof. (d) Letter of RepresentatIons. The provisions In the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolutIon, the provisions in the Letter of Representations shall control. 3. Pw:pose. The Bonds shall provide funds to finance the Project in the City pursuant to Minnesota Statutes, Chapter 475 and the Act. Pursuant to a Tax Increment Pledge Agreement dated September 1, 2000, to be entered into between the Authority and the City, Tax Increments have been pledged to the payment of the Bonds and interest thereon, and to a portion of the payment of the City's outstanding General ObligatIon Tax Increment Bonds of 1995, dated October 1, 1995, General Obligation Tax Increment Bonds of 1996, dated June 1, 1996 and General Obligation Tax Increment Bonds of 1999, dated June I, 1999 (the "OutstandIng Bonds"). The estimated collection of Tax Increments after subtracting the Tax Increments required to pay that portion of the debt service attributable to the Outstanding Bonds, exceeds twenty percent (20%) of the cost of the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estìmated to be at least equal to the amount of the Bonds. Work on the Project 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 Project proceeds with due diligence to completion and that any and all permits and studies required under law for the 'Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February I, 2001, 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 2001 6.75% 2006 7.00% 2002 6.80% 2007 7.00% 1202532.1 6 2003 6.90% 2008 7.10% 2004 6.95% 2009 7.10% 2005 7.00% 2010 7.10% 5. Redemption. All Bonds maturing in the years 2007 to 2010, both inclusive, shall be subject to redemption and prepayment at the option of the City on February 1, 2006, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar.· Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at the address shown on the registration books by registered or certified mail at least thirty (30) days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Re~istrar. 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 in paragraph 12 of this resolution. 1202532.1 7 7. Form of Bond. The Bonds, together with this Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1202532.1 8 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ TAXABLE GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 2000A INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP % SEPTEMBER 1, 2000 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, unless called for earlier redemption, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2001, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank 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 1202532.1 9 Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. [So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption ofthis Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. r THE ISSUER HAS ELECTED TO ISSUE THIS BOND AS A TAXABLE OBLIGATION, AND ACCORDINGLY THE INTEREST ON THE BOND IS INTENDED TO BE INCLUDED IN GROSS INCOME FOR FEDERAL INCOME TAXATION PURPOSES AND, TO THE SAME EXTENT, IN BOTH GROSS INCOME AND TAXABLE NET INCOME FOR STATE INCOME TAXATION PURPOSES. 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 fonn, 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 on 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 ofthe book-entry only system under paragraph 2 hereof. 1202532.1 10 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 described in the /s/ Facsimile Resolution mentioned Mayor within. /s/ Facsimile Clerk U.S. BANK TRUST NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature 1202532.1 11 ON REVERSE OF BOND Redemption. All Bonds of this issue (the "Bonds") maturing in the years 2007 to 2010, both inclusive, are subject to redemption and prepayment at the option of the Issuer on February I, 2006, 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 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. Notice of redemption shall be given by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the paying agent and to each affected Holder of the Bonds at the address shown on the registration books. 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 fonn satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duIy authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance: Pumose: General Obligation. This Bond is one of an issue in the total principal amount of $2,445,000, 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 confonnity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on September 5, 2000 (the "Resolution"), for the purpose of providing money to finance certain program and public redevelopment costs within Tax Increment Financing District No. I-I of Development District No. I (the "Project"). This Bond is payable out of the Taxable General Obligation Tax Increment Bonds, Series 2000A Fund of the Issuer to which fund tax increments derived from the tax increment financing district are pledged as a primary source of payment. This Bond constitutes a 1202532.1 12 general obligation of the Issuer, and to provide moneys for the prompt and fuIl payment of its principal, premium, if any, and interest when the same become due, the fuIl 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 fuIly registered bonds in Authorized Denominations (as defined in the Resolution) and are exchangeable for fuIly registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only In the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and sUlTender 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 shaIl execute and the Bond Registrar shaIl authenticate and deliver, in exchange for this Bond, one or more new fuIly 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. Taxable Interest. The interest on this Bond is included in the gross income of the owner hereof for purposes of United States income tax and, to the same extent, in both gross income and net taxable income for purposes of State of Minnesota income tax. 1202532.1 13 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 1202532.1 14 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 nationai bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17-Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 1202532.1 15 [Use only for Bonds when they are Registered in Book Entry Only System] PREP A YMENT 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 1202532.1 16 8. Execution: Temporarv Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all pwposes, 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 pwpose 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 shaH 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 pwposes 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 September 1, 2000. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. RelJistration: 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 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. 1202532.1 17 At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in cormection 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 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 1202532.1 18 Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "Taxable General Obligation Tax Increment Bonds, Series 2000A 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 Bonds and any other general obligation tax increment bonds hereafter made payable from the Fund and issued for the Project, including any modifications or additions thereto, and the interest thereon have been fully paid and the City has been fully reimbursed from the pledge of Tax Increments for all of the principal and interest of such bonds paid by the City from taxes levied on property in the City other than the Tax Increment District. 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 Bonds, less accrued interest received thereon, less any amount paid for the Bonds in excess of$2,404,000. From the Capital Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used forno 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 receipt of Tax Increments. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) Tax Increments in an amount sufficient, together with other sums herein pledged, to pay the annual principal and interest payments on the Bonds; (ii) all accrued interest received upon delivery of the Bonds; (iii) all funds paid for the Bonds in excess of $2,404,000; (iv) all funds remaining in the Capital Account after completion of the Project 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. 1202532.1 19 The Debt Service Account shaH be used solely to pay the principal and interest and any premiums for redemption ofthe Bonds and any other general obligation bonds of the City hereafter issued by the City and made payabje from said account as provided by law. 16. Tax Increments; Use of Tax Increments. The County Auditor of Anoka County has certified the original net tax capacity of property in the Tax Increment District. The County Auditor shaH detennine in each year if the then current net tax capacity of property in the Tax Increment District exceeds the original net tax capacity, and shaH calculate, in the manner provided in Minnesota Statutes, Section 469.177, Subdivision 3, the captured net tax capacity (as defined therein) attributable to the tax increment financing district. The City hereby detennines to retain one hundred percent (100%) of the captured net tax capacity for purposes of tax increment financing. The County Auditor shaH, in each such year, compute the local tax rate to be extended against the captured net tax capacity in the manner provided in Minnesota Statutes, Section 469.177, Subdivision 3, and the tax generated thereby shaH constitute the Tax Increments for the year in which it is received. The City hereby appropriates the Tax Increments remitted by the Authority to the City derived from the Tax Increment District to the Debt Service Account which appropriation shall continue until all of the Bonds, and any additional bonds payable from the Debt Service Account created for the Bonds, are paid or discharged. The City hereby expressly reserves the right to use the Tax Increments to finance costs set forth in the Plan not financed hereby or to finance costs of other projects to be undertaken from time to time within the Development District in accordance with the Program and Plan, as they may from time to time be amended. 17. Future Tax Levies. In the event that it is anticipated that the aggregate of Tax Increments and any other funds appropriated to and then held in the Debt Service Account and the estimated coHections of Tax Increments to be received in the next succeeding year will not be sufficient to pay the principal and interest on the Bonds to become due in the first calendar year after such detennination and the first six (6) months of the succeeding calendar year, the City Council shall pass a resolution requesting the County Auditor of Anoka County to levy an ad valorem tax in an amount as is necessary, together with the aforementioned funds then held in the Debt Service Account and said estimated collections of Tax Increments, to pay the principal and interest on the Bonds to become due during said period. 18. Coverage Test. The estimated collections of Tax Increments are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. 19. Authorization to Execute Tax Increment Pledge Agreement. The Tax Increment Pledge Agreement is hereby approved in substantially the fonn now on file in the office of the City; and the Mayor and City Clerk of the City are authorized to execute the Tax Increment Pledge Agreement in the name of and on behalf of the City. In the event of the disability or the resignation or other absence of the Mayor or City Clerk of the City, such other 1202532.1 20 officers ofthe City who may act in their behalf shall wìthout further act or authorizaíÌon of the City do all things and execute all instruments and documents required to be done or to be executed by such absent or disabled officials. The approval hereby given to the Tax Increment Pledge Agreement includes approval of such addìtional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City Attorney and by the City officials authorized herein to execute the Tax Increment Pledge Agreement prior to its execution; and said City officials are hereby authorized to approve said changes on behalf ofthe City. 20. Reservation of Rights. Notwithstanding any provisions herein to the contrary, the City reserves the right to tenninate, reduce or apply to other lawful purpose the tax increments (other than tax increments derived from the Project) herein pledged to the payment of the Bonds and interest thereon to the extent and in the manner pennitted by law. Tax increments derived from the Project shall be used exclusively to pay principal and interest and any call premium On the Bonds and any parity lien bonds until they have been fully paid or retired or they have been defeased as herein provided. 2l. ConcU1TÌng Resolution of the Authoritv. The Authority will adopt a resolution authorizing execution of the Tax Increment Pledge Agreement. The City shall take such action as it detennines is necessary to assure that the covenants of the Authority in the Tax Increment Pledge Agreement are fully and promptly perfonned; provided that in the exercise of any rights with respect thereto, the City shall be subject to the same standards and to the same rights applicable to the Authority under the covenants as if the City were the Authority. 22. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent pennitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their tenns, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions oflaw now or hereafter authorizing and regulating such action, by depositing irrevocabjy 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. 1202532.1 21 23. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule l5c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph 20 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall - be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place with "Officers" are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 24. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable theretrom, 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 trom the Debt Service Account when a sufficient balance is available therein. 25. 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 1202532.1 22 other infonnation 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. 26. 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. 27. Taxable Status of the Bonds. It is hereby determined that the Bonds are to be issued as fully taxable obligations, and all interest received on the Bonds is to be included in the gross income of the Holder of any Bond for federal income taxation purposes and, to the same extent, in both gross income and taxable net income for state income taxation purposes. 28. Payment ofIssuance Expenses. The City authorizes the purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Resource Bank & 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: McKelvey, Jacobson, Orttel and Knight; and the following voted against the same: none. Whereupon said resolution was declared duly passed and adopted. 1202532.1 23 EXHIBIT A BID TABULATION $2,445,000 Taxable General Obligation Tax increment Bonds, Series 2000A City of Andover, Minnesota SALE: September 5, 2000 AWARD: SALOMON SMITH BARNEY RATING: Standard & Poor's "AAA'" MBIA Insurance Corporation BBI: 5.49% NET TRUE NAME OF BIDDER RATE YEAR PRICE INTEREST INTEREST COST RATE SALOMON SMITH BARNEY 6.75% 8/01 $2,411,220.35 $1,111,S12.15 7.331S% Chicago, Illinois 6.80% 2/02 CRONIN & COMPANY, INC. 6.80% S/02 Minneapolis, Minnesota 6.90% 2/03 MORGAN STANLEY DEAN WITTER 6.90% 8/03 Chicago, Illinois 6.95% 2/04 PAINEWEBBER, iNC. 6.95% 8/04 Chicago, Illinois 7.00% 2/05 BERNARDI SECURiTIES, INC. 7.00% 8/05 Chicago, Illinois 7.00% 2/06 7.00% 8/06-2/07 Term" 7.10% 2/08-S/08 Term'" 7.10% 2/09-2/10 Term.... MILLER, JOHNSON, KUEHN, INC. 6.70% 8/01 $2,419,743.15 $1,127,220.39 7.4125% . Minneapolis, Minnesota 6.80% 2/02-8/02 6.90% 2/03-8/03 7.00% 2/04-8/04 7.05% 2/05-8/05 7.10% 2/06-8/06 7.20% 2/07-8/07 7.25% 2/08-8/08 7.30% 2/09-8109 7.35% 2/10 GRIFFIN, KUBIK, STEPHENS & 6.90% 8/01-8/04 Term $2,404,430.20 $1,122,526.47 7.4167% THOMPSON, INC. 7.00% 2/05-8/05 Term Chicago, Illinois 7.10% 2/06-8/06 Term 7.10% 2/07-8/07 Term 7.10% 2/08-8/08Term 7.10% 2/09-2/10 Term 'MBIA Insurance purchased by Salomon Smith Barney .., \000 Term Bond due August 1, ·2007 with mandatory redemption in August 1, 2006 and February 1, 2007 '», . 5,000 Term Bond due August 1, 200S with mandatory redemption in February 1, 200S ..··$625,000 Term Bond due August 1, 2010 with mandatory redemption in February 1, 2009 and August 1, 2009 - - . LEADERS I N PUB Lie F!NANCE EHLERS 3060 Centre Pointe Drive, Roseville, MN 55113-1105 651.697.8500 fax 651.697.8555 www.ehlers·inc.com & ASSOCIATES INC Offices in Rosevil/e, MN, Brookfield, WI and NapervHle, IL """"'""~ -~.- ~~=-.~~~~~,.'!3"~"'='=W~~~~~ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals for, and awarding the sale of, $2,445,000 Taxable General Obligation Tax Increment Bonds, Series 2000A of said City. WITNESS my hand this 5th day of September, 2000. Uw rJ..tb Clerk 1202532.1 24 PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. By Its This is a signature page to the First Amendment to Development Agreement by and between the City of Andover and Presbyterian Homes Housing and Assisted Living, Inc. 1155380.1 6 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 190-00 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CHRISTINA- MICHELLE KRAMER TO RELOCATE A PRINCIPAL STRUCTURE (1347 SQUARE FOOT RAMBLER) ON THE PROPERTY LOCATED AT 14278 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS FOLLOWS: That part of Lot 3, Block 3, Andover Boundary Commission Plat No. I, according to the recorded plat thereof, Anoka County, Minnesota, lying northerly of a line drawn from the southeastern corner of Lot 5, Block 3, said Andover Boundary Commission Plat No. I, to a point on the east line of said Lot 3, Block 3, distant 94.49 feet southerly of the northeast comer thereof, as measured along said east line; subject to easements of record. WHEREAS, Christina-Michelle Kramer requested a Special Use Permit to relocate a principal structure on said lot located at 14278 Round Lake Boulevard NW, legally described above. WHEREAS, the Planning and Zouing Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03. WHEREAS, a public hearing was held and there was no opposition regarding said request. WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, TIIEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow for the relocation of a principal structure on said property with the following couditions: I. The relocated structure comply with all applicable ordinances, building codes and fire codes. 2. The relocated structure be placed on a permanent foundation within thirty (30) days of the issuance of a building permit. 3. The exterior of the relocated dwelling unit be rehabilitated in a manner as listed below. All items shall be completed by January I, 2002: I. New paint and/or stucco be applied to the exterior. 2. The front porch area and garage side be remodeled to be compatible with the structure due to the fact the attached garage will not be present. 3. A new roof be constructed along with new soffit and fascia. 4. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). Page Two Resolution Kramer (SUP 00-09) Adopted by the City Council of the City of Andover on this 5th day of September, 2000. ATTEST CITY OF ANDOVER !L.k-;J rid Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 189-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 98-28, SHADOWBROOK SIH 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 $370.748.30 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 139,113.03 and work previously done amount to $113,S3S.70 so that the total cost of the improvement will be $623.397.03 . 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 $ 173.243.91 the amount to be assessed against benefited property owners is declared to be $ 450.153.13 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 1Sth 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 Knioht and adopted by the City Council at a reoular meeting this 5TH day of September ,2000, with Councilmembers Jacobson, Kniqht. McKelvev. Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: , p, )J1t.-~ , . E. McKelvey - Mayor L~ t!--/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 188-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROll FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 98-27. FOX HOllOW. THE CITY COUNCil OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $994,832.32 ,and the expenses incurred or to be incurred in the making of such improvement amount to $ 213.420.40 and work previously done amount to $270,336.50 and $21 ,000 (sealcoat) so that the total cost of the improvement will be $ 1.499,589.22. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 231 ,540.55 the amount to be assessed against benefited property owners is declared to be $ 1 ,268.048.68 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 Kniaht and adopted by the City Council at a reaular meeting this 5TH day of September ,2000, with Councilmembers Jacobson, Knioht. McKelvev, Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0. t Æ~~ ,/.J.E. McKelvey - Mayor ~ t/rIb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 187-00 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-17 FOR ANOKA COUNTRY LIBRARY TRAIL. WHEREAS, the City Council is cognizant of the need for the trail construction; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Anoka County Librarv Trail, Project 00-17; and BE IT FURTHER RESOLVED by the City Council to hereby direct the--ºitï. EnQineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 5th day of September , 2000 , with Councilmembers Jacobson. Kniqht. McKelvey, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J). g, )?J~t:t~ ¿IE. McKeÍvey - Mayor ~.¿) (/£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 186-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO KOBER EXCAVATING, INC. FOR PROJECT NOS. CAMBRIDGE ESTATES 2ND ADDITION (98-33), CHESTERTON COMMONS 3RD ADDITION (98-34) & CHESTERTON COMMONS NORTH (98-36). WHEREAS, pursuant to a written contract signed with the City of Andover on AUQust 3. 1999, Kober Excavatinq, Inc. of Elk River, 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 reaular meeting this 5th day of September , 2000 , with Councilmembers Jacobson. Kniaht. McKelvev. Ortiel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (j·1, JJ1Q/~4e; GYE. McKelvey - Mayor L;f;;;,..,/ d,¿L/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 185-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #....1.... TO PROJECT NOS. (98- 33)CAMBRIDGE ESTATES 2ND ADDITION. (98-34)CHESTERTON COMMONS 3RD ADDITION, (98-36)CHESTERTON COMMONS NORTH. WHEREAS, the City of Andover has a contract for Project Nos. (98- 33)CambridQe Estates 2nd Addition, (98-34)Chesterton Commons 3rd Addition, (98-36)Chesterton Commons North with Kober ExcavatinQ, Inc. of Elk River. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos. (98-33)Cambridae Estates 2nd Addition. (98-34)Chesterton Commons 3rd Addition, (98-36)Chesterton Commons North. MOTION seconded by Councilmember KniQht and adopted by the City Council at a reaular meeting this 5th day of September ,2000, with Councilmembers Jacobson. Kniaht. McKelvev, Ortiel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST; ~ M£el?:fMaJ;:~ Lt-vw tfß Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 184-00 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...1.. 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 Knioht and adopted by the City Council at a reoular meeting this 5th day of September ,2000, with Council members Jacobson, Knioht. McKelvev, Orttel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ¡jJ;;:;µ {/",I!b Victoria Volk - City Clerk_ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 183-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO C.W. HOULE, INC. FOR PROJECT NO. 98-27 FOR THE IMPROVEMENT OF_ FOX HOLLOW . WHEREAS, pursuant to a written contract signed with the City of Andover on Julv 6, 1999, C.W. Houle. Inc. of Shoreview, 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 reaular meeting this 5th day of September , 2000 , with Councilmembers Jacobson, Kniaht. McKelvev, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CiTY OF ANDOVER ATTEST: (jt· m6J(~ <JfE. McKe1vey - Mayor ~C4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 182-00 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 2 TO PROJECT NO. 98-27, FOX HOLLOW. WHEREAS, the City of Andover has a contract for Project No. 98-27 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. 98-27. MOTION seconded by Council member Kniaht and adopted by the City Council at a reaular meeting this 5th day of September ,2000, with Council members Jacobson, Kniaht. McKelvev, Orttel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: rd /! J7J~;¿j?"';?7 . . McKelvey - Mayor ,ít;" !/ // _1.t.~./' ;/'~ ~/I--......¡:-" Victoria Volk - City Clerk_ EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OFANDOVER,M~ESOTA HELD: September 5, 2000 Pùrsuant 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 City Hall in said City on the 5th day of September,.2000 at 7: 00 o'clock J1.m. for the purposes, in part, of modifying the Tax Increment Financing Plan for Tax Increment Financing District No. 1-3 within Development District No. I. The following members were present: Jacobson, Knight, McKelvey, Orttel and the following were absent: None Councilmember Jacobson introduced the following resolution and moved its adoption: RESOLUTION NO. 181-00 RESOLUTION MODIFYING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 1-3 WITHIN DEVELOPMENT DISTRICT NO.1, AND APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH PRESBYTERIAN HOMES HOUSING ASSISTED LIVING, INC. BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota (the "City") as follows: Section 1. Recitals. 1.01. It has been proposed that the City modify the tax increment financing plan for Tax Increment Financing District No. 1-3 within Development District No.1 pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, as amended, and Minnesota Statutes, Section 469.174 through 469.179, inclusive, as amended. 1155380.t Section 2. Modification to Tax Increment Financing Plan. 2.01. The City has heretofore established Development District No. I and adopted a development program therefor and established Tax Increment Financing District No. 1-3 within Development District No. I and adopted a tax increment financing plan therefor. The existing budget in the tax increment financing plan as adopted on October 7, 1997 for Tax Increment Financing District No. 1-3 provided for the use oftax increments in the amount of$6,138,194 to finance land acquisition, site improvements, utilities, road and infrastructure improvements, site development costs and administrative costs related to the housing facility described in the tax increment fmaJ:).cing plan. The budget identified in the tax increment financing plan, as adopted is amended to provide that tax increments trom Tax Increment Financing District No. 1-3 in the amount of$6,138,194 shall be used to finance costs of the housing project undertaken by Presbyterian Homes Housing and Assisted Living, Inc. (the "Developer") and administrative expenses as set forth on Exhibit A attached hereto. The City is not increasing the amount of the public costs to be financed with tax increments trom Tax Increment Financing District No. 1-3. 2.02. The City hereby modifies the budget for Tax Increment Financing District No. 1-3 to authorize the use of tax increments for the payment of the costs identified in Exhibit A. 2.03. In order to implement the modified tax increment financing plan it is proposed that the City enter into a First Amendment to Development Agreement in connection with the Development Agreement, dated December 1, 1997 (the "First Amendment") by and between the City and the Developer. Section 3. Approval of the Modification to the Tax Increment Financing Plan and First Amendment to DeveloDment Agreement: Findings. 3.01. The tax increment financing plan for Tax Increment Financing District No. 1-3 is modified as identified above, and is hereby approved and adopted. 3.02. The findings of the City required by Minnesota Statutes Section 469.175, Subd. 3 relating to Tax Increment Financing District No. 1-3 previously made by the City are hereby ratified, confirmed and adopted as of this date. 3.03. The City hereby approves the First Amendment to be entered into with the Developer and authorizes the Mayor and Clerk to execute the First Amendment on behalf of the City. 1155380.1 2 STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) I, the undersigned, being the duly qualified and acting Clerk ofthe City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes of a meeting of the City Council of said City held on the date therein indicated with the originai minutes thereof on file in my office and that the same is a full, true and correct transcript thereof insofar as said minutes related to Resolution No. 181-00 WITNESS my hand officially this 5th day of September, 2000. /Lt;~ ()~ Clerk 1155380.1 4 EXHIBIT A PROJECT COSTS Land Acquisition Costs $ 720,000 Site Improvements 2,037,000 Project Construction Costs 715,400 Public Improvements 27,600 Interest at 9% to be paid to the Developer 2,024,315 Administrative Expenses 613.819 Total $6.138.194 1155380.1 A-I FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ANDOVER AND PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. This document drafted by: BRIGGS AND MORGAN Professional Association 2200 First National Bank Building St. Paul, Minnesota 55101 1155380.1 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT, made as of the 5th day of September, 2000, by and between the City of Andover (the "City"), a municipal corporation and political subdivision organized and existing under the laws of the State of Minnesota and Presbyterian Homes Housing and Assisted Living, Inc. (the "Developer"), a Minnesota corporation, WITNESSETH: WHEREAS, the City and the Developer entered into a Development Agreement, dated as of December 1, 1997; and WHEREAS, the City and the Developer desire to amend the Development Agreement to provide that the City shall reimburse the Developer for $3,500,000 of costs of the Project actually incurred and paid by the Developer. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. Section 1.1. of the Development Agreement is hereby amended to read as follows: "Section 1.1. Note Pavment Date means the date the Note is issued to the Developer and each February 1 and August 1 of each year thereafter to and including February 1,2015; provided, that if any such Note Payment Date should not be a Business Day, the Note Payment Date shall be the next succeeding Business Day." 2. Section 3.1 of the Development Agreement is hereby amended to read as follows: "Section 3.1. Proiect Costs. The City shall reimburse the Developer for $3,500,000 of costs of the Project actually incurred and paid by the Developer as further provided in Section 3.2 hereof (the "Reimbursement Amount"). The Developer shall pay all Legal and Administrative Expenses." 3. Section 3.2 of the Development Agreement is hereby amended to read as follows: "Section 3.2. Reimbursement: Tax Increment Revenue Note. The City shall reimburse the payments made by the Developer under Section 3.1 for the Reimbursement Amount through the issuance of the City's Tax Increment 1155380.1 2 Revenue Note in substantiaHy the form attached to this Agreement as Exhibit C, subject to the following conditions: (1) The Note shall be dated as of May 15, 1998 and shall be issued and delivered when the Developer shaH have submitted a purchase agreement or other document reflecting the purchase price of the Development Property and paid invoices or receipts in an amount not less than the Reimbursement Amount. (2) The unpaid principal amount of the Note shall bear interest fi:om May 15, 1998, at 9% per armum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. . (3) The principal amount of the Note and the interest thereon shall be payable solely fi:om the Tax Increments. (4) On each Note Payment Date and subject to the provisions of the Note, the City shall pay, against the principal and interest outstanding on the Note, 90% of any Tax Increments received by the City during the preceding 6 months. All payments shall be first be applied to accrued and unpaid interest on the Note and then to principal of the Note. (5) Any interest accruing on Tax Increments held by the City pending the Note Payment Dates shall accrue to the benefit of the City. (6) The Note shall be a special and limited obligation of the City and not a general obligation of the City, and only Tax Increments shall be used to pay the principal of and interest on the Note. If, on any Note Payment Date, the Tax Increments for the payment of the accrued and unpaid interest on the Note are insufficient for such purposes, the difference shall be carried forward, without interest accruing thereon, and shall be paid if and to the extent that on a future Note Payment Date there are Tax Increments in excess of the amounts needed to pay the accrued interest then due on the Note. (7) The City's obligation to make payments on the Note on any Note Payment Date or any date thereafter shall be conditioned upon the requirement that (A) there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement and (B) this Agreement shall not have been rescinded pursuant to Section 4.2(b). (8) The Note shaH be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit C. In the event of any conflict between the terms of the Note and the terms of this Section 3.2, the terms of the Note shall govern. The issuance of the Note pursuant and subject to the terms of 1155380.1 3 this Agreement, and the taking by the City of such additional actions as bond counsel for the Note may require in connection therewith, are hereby authorized and approved by the City." 4. Except as herein amended, all other terms and provisions of the Development Agreement shall remain in full force and effect. 1155380.1 4 IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed in its name and on its behalf and the seal to be hereunto affixed and the Developer has caused this Agreement to be duly executed in their name and on their behalf, on or as of the date first above written. CITY OF ANDOVER B#'{ ìllVJtJ..'7 It ayor (SEAL) By ~t!~ Its City Clerk This is a signature page to the First Amendment to Development Agreement by and between the City of Andover and Presbyterian Homes Housing and Assisted Living, Inc. 1155380.1 5 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 180-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-27 ,FOR 2000 OVERLAYS. WHEREAS, pursuant to Resolution No. 179-00 , adopted by the City Council on the 22nd day of Auqust, 2000 ,the Citv Enqineer has prepared final plans and specifications for Project 00-27 for 2000 Overlavs. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 22nd day of Auqust ,2000. 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, September 15th , 2000 at the Andover City Hall. MOTION seconded by Council member Kniqht and adopted by the City Council at a special meeting this 22nd day of Auqust , 2000 , with Councilmembers Jacobson. Kniqht. McKelvev, Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: jJ. t. mt'_ J{pL .rE. McKelvey - Mayor "7 d</t~ (/d/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 179-00 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. 00-27 FOR 2000 OVERLAYS. WHEREAS, the City Council is cognizant of the need for overlays; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of 2000 Overlavs, Project 00-27; and BE IT FURTHER RESOLVED by the City Council to hereby direct the--º!!y' Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a special meeting this 22nd day of Auaust , 2000 , with Councilmembers Jacobson, Kniqht. McKelvev, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CiTY OF ANDOVER ATTEST: ~. Ç!, þz" ~~ .' . McKelvey - Mayor ~ ¿¿¿b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. RI78-00 A RESOLUTION APPOINTING JUDGES FOR THE PRIMARY ELECTION TO BE HELD IN THE CITY OF ANDOVER ON TUESDAY, SEPTEMBER 12,2000. The City Council of the City of Andover hereby resolves: The persons as shown below are hereby appointed judges for the Primary Election to be held on Tuesday, September 12, 2000 in the City of Andover: Precinct #1 - Hope Lutheran Church Sylvia Volk, Republican - Chief LeeAnn Horton, DFL Mary Lou Jones, DFL Signe Renshaw, DFL Shirley Sanborn, Republican Richard Snyder, Independence Gloria Young, Republican Jan Gilpin, Republican Carol Smith, Republican Precinct #2 - Grace Lutheran Church Vema Hennen, Republican - Chief Robert Belousek, Republican Carol Bradley, DFL Janet Conway, DFL Pam Forcier, Republican Sharon Hanson, Republican Ann Lown, DFL Joyce Nichols, Independence Gretchen Sabel, DFL Precinct #3 - Riverdale Assembly of God Elaine Boos, Republican Rene Kroll, DFL Diane Patchen, DFL Michael St. John, Republican Precinct #3, Continued Terry Louie, DFL Margaret Engstrom, Republican Cheryl Orttel, Republican Precinct #4 - The Farmstead Barb Wells, Republican - Chief Mildred Johnson, DFL Mary Lou Schmidtke, Republican Michelle Hartner, DFL Brenda Fildes, DFL Precinct #5 - Meadow Creek Church Terry VanNote, Republican - Chief Barbara Collette, Republican Jane Herr, DFL Carole Hibbard, Republican Mary May, DFL Susan Wood, Republican Kristyn Bollig, Student Precinct #6 - Bunker Hills Activity Center Jeff Johnson, Republican - Chief Harold Engler, DFL Linda Louie, Republican Marlene Westphal, Republican Larry Mueller, Independence Patricia Saunders, Republican Rick Vandebrake, Independence Roy Mueller, Republican Precinct #7 - World of Pentecost Church Janie Hemmelgarn, DFL - Chief Jan Margotto, Republican Sonja Mitchell, Republican Mary Sullivan, Republican Edith Tray, DFL Precinct #8 - Family of Christ Lutheran Church Peggy Olson, Republican - Chief Eleanor Apel, DFL Carol Mueller, Republican Susan Beal, DFL Linda Russell, Republican Precinct #8, Cont. Lola Money, DFL Precinct #9 - Prairie Oak Community Church Cindy Brostrom, DFL - Chief Mal)' Boynton, Republican Elvera Danner, DFL Susan Fanucci, Republican Nonna Johnson, Independence Sue Rylander, DFL Lucy Schalwig, Independence Adopted by the City Council of the City of Andover this 15th day of August, 2000. CITY OF ANDOVER Attest: , ~, me; IL;I;,:û ()~ Victoria Volk- City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 177-00 A RESOLUTION GRANTING THE VARIANCE REQUEST OF SW WOLD CONSTRUCTION, INC. TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A THIRTY-FIVE (35) FOOT SIDE YARD SETBACK FROM THE STREET FOR A PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT 1460 154THLANENW, LEGALLY DESCRlBED AS LOT 12, BLOCK 1, CHESTERTON COMMONS SECOND ADDITION. WHEREAS, SW Wold Construction, Inc. requested a variance to allow for the construction and placement of a principal structure to encroach 9.43 feet into the thirty-five (35) foot side yard setback from the street on the property located at 1460 154th Lane NW, legally described above. WHEREAS, the City Council has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04 and a hardship exists due to the fact the building permit for the principal structµre was issued in e,rror by the City. NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Andover hereby approves the variance requested by SW Wold Construction, Inc. to Ordinance No.8, Section 6.02 on the property located at 1460 154th Lane NW, legally described above. Adopted by the City Council of the City of Andover on this 15th day of August, 2000. ATTEST: CITY OF ANDOVER ~tl4 c., Victoria Volk, City Clerk . E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 176-00 A RESOLUTION APPROVING THE V ARlANCE REQUEST OF PETER AND MARIAN WOJCIECHOWSKI TO VARY FROM THE LOT FRONTAGE AND FRONT YARD SETBACK PROVISIONS OF ORDINANCE 8, ON PROPERTY LOCATED IN THE NE ,. OF THE NW,. OF SECTION 12 (PIN 12-32-24-21-0001). WHEREAS, Peter and Marian Wojciechowski are owners of the property legally described as follows: The Northeast Quarter of the Northwest Quarter of Section 12, Township 32, Range 24, Anoka County, Minnesota; and WHEREAS, the above have petitioned for the following variances to Ordinance No.8: I) Vary ITom the lot ITontage requirement for a buildable lot provision of Ordinance 8, Section 4.04 2) Vary ITom the lot width at ITont setback provision of Ordinance 8, Section 6.02 for the R-I, Single Family Rural Zoning District. WHEREAS, the Planning and Zoning Commission has reviewed and recommends to the City Council approval ofthe requested variances. WHEREAS, the City Council finds the location and topography create practical difficulties; and WHEREAS, this will allow only one home on subject parcel and it is a 40-acre parcel; and WHEREAS, there will be no subdivision of the property to accommodate the use planned; and WHEREAS, the current parcel has existed in its current configuration for 20 years; and WHEREAS, the applicant owns no contiguous property and other access is not available. 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 proposed variance request subject to the wetland crossing mitigation on a two-for-one basis if required or subject to an easement shift if needed to provide access; subject to the driveway to said property meet all provisions of Ordinance No. 204 for standards; subject to only one home allowed on the property. Adopted by the City Council of the City of Andover this 15th day of August, 2000. CITY OF ANDOVER Attest: ý! { lJ!v~6 11. E. McKelvey - Mayor ~ä¿¿ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 175-00 MOTION by Councilmember Ortlel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER FOR IMPROVEMENT PROJECT 98-11 , JAY STREET NW FOR CERTIFICATION. WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment for the improvement of sanitary sewer, watermain. street and storm sewer NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2001 and shall bear interest at the rate of 6 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2000 . To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. MOTION seconded be Councilmember Jacobson and adopted by the City Council at a reQular meeting this 15th day of AUQust , 2000 , with Councilmember Johnson, Ortlel. McKelvey, Jacobson, Kniç¡ht (absent) voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. OF ANDOVER ATTEST: e, /Hc,/(¿ . E. McKelvey - Mayor (L~~ ¡)~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RI74-00 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST BY BRIAN BOURN TO ALLOW FOR AN ACCESSORY STRUCTURE (pOLE BARN) TO REMAIN ON THE NEWLY CREATED LOT PRIOR TO THE CONSTRUCTION OF A PRINCIPLE STRUCTURE ON THE PROPERTY LOCATED AT 16635 VERDIN STREET NW (PIN 10-32-24-33-0002). WHEREAS, Brian E. Bourn has requested a Special Use Permit to allow for an accessory structure (pole barn) to remain on the newly created lot prior to the construction of a principle structure on the property located at 16635 Verdin Street NW (PIN 10-32-24-33- 0002). Said property is legally described as the east 2.5 acres ftom the following described parcel: Unplatted City of Andover the North 330.0 feet of the west 660.0 feet as measured along parallel with the North and West Lines of the Southwest Quarter of the Southwest Quarter of Section 10, Township 32, Range 24, Anoka County, Minnesota; subject to road easement over the most westerly 33.0 feet thereof. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinances No.8, Sections 4.05, 4.05(L), 4.05(C); 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 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 of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: Page Two SUP 00-07, Bourn 16635 Verdin Street NW August 15,2000 1. That a covenant be recorded with the newly split parcel requiring construction of a new home, or removal of the accessory structure within one year from the date of City Council approval. 2. A covenant recorded at the sale of the lot requiring the pole bam to be sided at the same time and with the same materials as the new principle structure to comply with Ordinance 8, Section 4.05(L). 3. The accessory structure shall not exceed the total square footage ofland cover of the foundation of the principle structure as required by Ordinance 8, Section 4.05(C). 4. That the Special Use Pennit 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 15th day of August, 2000. CITY OF ANDOVER ATTEST: .E.·J:~~~{~? ~¿)~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R173-00 A RESOLUTION GRANTING THE LOT SPLIT OF BRIAN E. BOURN TO SPLIT THE EASTERN 2.5 ACRES OF A 5 ACRE PARCEL AT 16635 VERDIN STREET NW (PIN 10·32-24-33-0002). WHEREAS, Brian E. Bourn has requested to split a 2.5 acre parcel trom a 5 acre parcel, pursuant to Ordinance No. 40, at 16635 Verdin Street NW (PIN 10-32-24-33-0002). Said split is legally described as the east 2.5 acres trom the following desoribed parcel: Unplatted City of Andover the North 330.0 feet of the west 660.0 feet as measured along parallel with the North and West Lines of the Southwest Quarter of the Southwest Quarter of Section 10, Township 32, Range 24, Anoka County, Minnesota; subject to road easement over the most westerly 33.0 feet thereof. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinances 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 statues; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. Confirmation of the buildabiIity by the Building Department. 2. Approval of a Special Use Permit allowing the accessory structure to remain on the newly created lot of record or removal of said accessory structure. The remaining accessory structure must meet the requirements of Ordinance 8, Section 4.05(L). 3. That the applicant pay a $1300 park dedication fee and a $350 trail dedication fee as stipulated in Ordinance 40, Section 5B. Page Two L.S. 00-09, Bourn 16635 Verdin Street NW Aug 15,2000 4. That a property survey be conducted and submitted to the City of Andover. 5. That the lot split be subject to a SW1set clause as defined in Ordinance No. 40, Section III (E). Adopted by the City COW1cil of the City of Andover on this 15th day of August, 2000. CITY OF ANDOVER , t. J1lv ~ ATTEST: iL:z:: " ./ ~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 172-00 MOTION by Council member Johnson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 00-16 FOR GREY OAKS (PHASE 11). WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 121-00 ,dated June 20, 2000, bids were received, opened and tabulated according to law with results as follows: S. R. Weidema $ 390,476.02 C. W. Houle, Inc. $ 395,497.54 Burschville Construction $ 424,989.11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate S. R. Weidema as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with S. R. Weidema in the amount of $ 390.476.02 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Ortlel and adopted by the City Council at a reqular meeting this 15th day of Auqust , 2000 , with Council members Johnson, Ortlel. McKelvev, Jacobson, Kniqht (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER , ~, ìJJv J(¿ ATTEST: .E. McKelvey - Mayor d,;/;::.:. ¿ fJp-¡Þ£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 171-00 RESOLUTION OF APPLICATION FOR MASC/CFL GRANT WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State Fund, provides for capital funds to assist political subdivisions of the State of Minnesota for the development of sport facilities; and WHEREAS, the City of Andover desires to purchase soccer goals at various fields for the sports of boys and girls soccer. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover as follows: 1. It is estimated that the total cost of developing said facility shall be $20,000 and the City of Andover is requesting $10,000 from the MASC/CFL, the match requirement of $10,000 would be from either Park Dedication Funds or the Park Capital Improvement Budget. 2. The City of Andover agrees to own, assume 100 percent operation costs and maintenance of the soccer goals. 3. The Andover City Council agrees to enter into necessary and required agreements with the Minnesota Amateur Sports Commission for the specific purpose of constructing a sport facility and long-term program direction. 4. That an application be made to the State of Minnesota, Minnesota Amateur Sports Commission and Children Family and Learning. 5. That the Mayor and City Clerk of the City of Andover are authorized and directed to execute said application, and Todd Haas, Parks Coordinator shall serve as the official liaison with the Minnesota Amateur Sports Commission. Adopted by the City Council of the City of Andover this 15th day of Auaust, 2000. CITY OF ANDOVER ATTEST: {J, ~, #lC/t: ~~ ifE. McKelvey - Mayor ~t/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 170-00 RESOLUTION OF APPLICATION FOR MASC/CFL GRANT WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State Fund, provides for capital funds to assist political subdivisions of the State of Minnesota for the development of sport facilities; and WHEREAS, the City of Andover desires to construct an irrigation system at Hidden Creek North Park for the sports of boys and girls soccer. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover as follows: 1. It is estimated that the total cost of developing said facility shall be $30,000 and the City of Andover is requesting $10,000 from the MASC/CFL, the match requirement of $20,000 would be from either Park Dedication Funds or the Park Capital Improvement Budget. 2. The City of Andover agrees to own, assume 100 percent operation costs for the irrigation system and will operate and maintain said facility for its intended purpose for the functional life. 3. The Andover City Council agrees to enter into necessary and required agreements with the Minnesota Amateur Sports Commission for the specific purpose of constructing a sport facility and long-term program direction. 4. That an application be made to the State of Minnesota, Minnesota Amateur Sports Commission and Children Family and Learning. 5. That the Mayor and City Clerk of the City of Andover are authorized and directed to execute said application, and Todd Haas, Parks Coordinator shall serve as the official liaison with the Minnesota Amateur Sports Commission. Adopted by the City Council of the City of Andover this 15th day of AUQust, 2000. CITY OF ANDOVER ATTEST: Ii {)/1& ~, .E. McKelvey - Mayor / ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 169-00 RESOLUTION OF APPLICATION FOR MASC/CFL GRANT WHEREAS, the Minnesota Amateur Sports Commission (MASC), via the State Fund, provides for capital funds to assist political subdivisions of the State of Minnesota for the development of sport facilities; and WHEREAS, the City of Andover desires to construct and install lighting for a soccer field located at City Hall Park Compiex #1. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover as follows: 1. It is estimated that the total cost of developing said facility shall be $60,000 and the City of Andover is requesting $20,000 from the MASC/CFL, the match requirement of $40,000 would be from either Park Dedication Funds or the Park Capital Improvement Budget. 2. . The City of Andover agrees to own, assume 1 00 percent operation costs for the lighting system and will operate and maintain said facility for its intended purpose for the functional life. 3. The Andover City Council agrees to enter into necessary and required agreements with the Minnesota Amateur Sports Commission for the specific purpose of constructing a sport facility and long-term program direction. 4. That an application be made to the State of Minnesota, Minnesota Amateur Sports Commission and Children Family and Learning. 5. That the Mayor and City Clerk of the City of Andover are authorized and directed to execute said application, and Todd Haas, Parks Coordinator shall serve as the official liaison with the Minnesota Amateur Sports Commission. Adopted by the City Council of the City of Andover this 15th day of Auaust, 2000. CITY OF ANDOVER ATTEST: c,K~ ~ ¿!,¿L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 168-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-30 FOR WATERMAIN IN THE FOLLOWING AREAS 13635 & 13625 GLADIOLA STREET NW. WHEREAS, the City Council did on the 20th day of Auaust 8 ,2000, 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 -ª1h... day of Auaust ,2000 ; 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 $ 35.334.00 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 $ 35,334.00 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a í year period. MOTION seconded by Councilmember KniQht and adopted by the City Council at a special meeting this 8th day of AUQust , 2000 , with Councilmembers Kniaht. Johnson, McKelvev, Jacobson Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' ~ )/Æ,~ .E. McKelvey - Mayor U~ ¿!~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 167-00 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. 00-30, IN THE AREAS OF 13635 & 13625 GLADIOLA STREET NW. WHEREAS, the City Council has received a petition, dated Auoust 4, 2000 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the City Enoineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Johnson and adopted by the City Council at a special meeting this 8th day of Auaust , 2000, with Councilmembers Kniaht. Johnson, McKelvev, Jacobson Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: .£ J#'G~ ~Ó& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 166-00 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY FOR THE IMPROVEMENT OF PROJECT 00-18 FOR THE EXTENSION OF MSA STREET & INTERSECTION IMPROVEMENTS (ANDOVER BOUELVARD NW) FROM CROSTOWN BOULEVARD NW TO WEST END OF HIGH SCHOOL SITE. WHEREAS, the City Council did on the 6th day of March ,2000, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by SEH and presented to the Council on the 8th day of Auaust ,2000; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 1.192.800 (Crosstown Boulevard NW to West End of Hiah School Site) 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 ,192.800 (Crosstown Boulevard NW to West End of Hiah School Site) MOTION seconded by Councilmember Johnson and adopted by the City Council at a special meeting this .JillL day of Auaust, 2000 , with Councilmembers Jacobson, Kniaht. McKelvev, Johnson, Ortlel voting in favor of the resolution, and Councilmembers none - voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . ~ 17l~4 :J.E. McKelvey - Mayor ~ ¿i..¿£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R165-00 RESOLUTION PROVIDING FOR THE SALE OF $3,350,000 G.O. PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2000B WHEREAS, the City Council of the City of Andover, Minnesota, has established a Penuanent Improvement Revolving Fund pursuant to Minnesota Statutes, Section 429.091; and, WHERES, the City Council has detenuined that it is necessary and expedient to issue the City's $3,350,000 G.O. Penuanent Improvement Revolving Fund Bonds, Series 2000B (the "Bonds"), to finance various public improvements to be undertaken within the City including Woodland Estates 2nd Addition, Sunridge, Shadowbrook 6th Addition and Grey Oaks; and WHEREAS, 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); NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Andover, Minnesota, as follows: 1. Anth"n7"t;fm; Fint1ing". The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. M""ting; Pr"l'''"" 1 0r"ning. The City Council shall meet at the time and place to be specified in the Tenus of Proposal for the purpose of considering sealed proposals, for, and awarding the sale of the Bonds. The City Administrator, or designee, shall open proposals at the time and place to be specified in such Tenus of Proposal. 3. T"m1" "fPrnr,,""l. The tenus 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. 4. Offi"i"l ~tot"m"nt 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 Andover City Council on the I" day of August, 2000. ATTEST: CITY OF ANDOVER dk~ (,êb rJ t ~j{4t Ú· " Victoria V olk - City Clerk .E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R164-00 RESOLUTION PROVIDING FOR THE SALE OF $2,445,000 TAXABLE G.O. TAX INCREMENT BONDS, SERIES 2000A. WHEREAS, the City Council of the City of Andover, Minnesota, has heretofore detennined that it is necessary and expedient to issue the City's $2,445,000 Taxable G.O. Tax Increment Bonds, Series 2000A (the "Bonds"), to finance land acquisition and other public costs to facilitate development in the City's Development District No.1; and WHEREAS, 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); NOW, THEREFORE, BE IT RESOLVED by the City Council of City of Andover, Minnesota, as follows: 1. A nth"rÍ7"ti"n; Pinning<. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. M""ting: Pr"l',,<"l 0r"ning. The City Council shall meet at the time and place to be specified in the Tenns of Proposal for the purpose of considering sealed proposals, for, and awarding the sale of the Bonds. The City Administrator, or designee, shall open proposals at the time and place to be specified in such Tenns of Proposal. 3. T"rm< "fPr"l',,<"l. The tenns 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. 4. Offi"i"l ~t"t"m"nt. 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 Andover City Council on the 1st day of August, 2000. ATTEST: CITY OF ANDOVER ~ {/~ ~. Jrl c- Victoria Volk - City Clerk .E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 163-00 A RESOLUTION DESIGNATING NO PARKING ON BOTH SIDES OF ALL STREETS LOCATED IN THE DEVELOPMENT OF GREY OAKS LOCATED IN SECTION 22, TOWNSHIP 32, RANGE 24. 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 along both sides of all streets located in the development of Grey Oaks located in Section 22, Township 32, Range 24. Adopted by the City Council of the City of Andover this ..1§L day of Auqust, 2000. CITY OF ANDOVER ATTEST: ¿: £K~~~~~ tL~tlg Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 162-00 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 00-24.14268 ROUND LAKE BOUELVARD 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, 2001 and shall bear interest at a rate of ---ª- percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTiON seconded by Councilmember Johnson and adopted by the City Council at a reaular meeting this L day of Auaust ,2000, with Councilmembers Kniaht. Johnson. Orttel. McKelvev, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Q. ~. )¡J6~~~ (j.E. McKelvey - Mayor iL¿~ d& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 161-00 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN PROJECT NO. 00-14, 142XX ROUND LAKE BOUELVARD 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, 2001 and shall bear interest at a rate of ~ percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember Johnson and adopted by the City Council at a reoular meeting this L day of AUQust ,2000, with Councilmembers Knioht. Johnson, Orttel. McKelvev, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~, C. mr_<+, ßE. McKelvey - Mayor Ú~ tI,¿b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 160-00 MOTION by Council member Kniqht to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 00-9. HIDDEN CREEK NORTH PARKING LOT CONSTRUCITON & 98-25, CROSSTOWN BOULEVARD TRAIL IMPROVEMENTS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution Nos. 139-00 & 140-00 ,dated Julv 5, 2000, bids were received, opened and tabulated according to law with results as follows: Contractor Base Bid Alternate Bid Total Bid Base & Alternate Bid Hardrives $67,034.35 $57,659.50 $124,693.85 Bituminous Roadways $66,854.95 $60,486.50 $127,341.45 North Valley $70,957.75 $59,885.50 $130,843.25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Hardrives, 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 Hardrives, Inc. in the amount of $ 124,693.85 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 Johnson and adopted by the City Council at a reqular meeting this ~ day of Auqust ,2000, with Council members Kniaht. Johnson, Orttel. McKelvev, Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: 0.. r:. J1J~Æ11~ b'o tiLl-- ¿J,E. McKelvey - Mayor ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 159-00. MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ALLIED BLACKTOP FOR PROJECT NO. 00-4,2000 SEAL COATING. WHEREAS, pursuant to a written contact signed with the City of Andover on March 25, 2000, Allied Blacktop of Maple Grove, MN has satisfactorily complete 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 Johnson and adopted by the City Council at a reqular meeting this 8th day of Auqust , 2000 , with Councilmembers Kniqht. Johnson, Orttel. McKelvev, Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (j. C m"J(~ ¡:)Y.E. McKelvey - Mayor IL:t;.~ ä,ð!.-· Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 158-00 MOTION by Council member Kniaht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...1.. TO PROJECT NO. 00-4, 2000 SEAL COATING. WHEREAS, the City of Andover has a contract for Project No. 99-21 with_ Allied Blacktop of Maple Grove, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 00-4. MOTION seconded by Council member Johnson and adopted by the City Council at a reaular meeting this 1st day of AUQust ,2000, with Council members Kniaht. Johnson, Orttel. McKelvev, Jacobson voting in favor of the resolution, and Council members none· voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: g,~. )JJ~~ {IE. McKelvey - Mayor ~ !J4-- Victoria Volk - City Clerk_ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 157-00 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF US WEST WIRELESS, L.L.C. TO CO-LOCATE SIX (6) PERSONAL COMMUNICATION SERVICE ANTENNAS ON THE SPRINT SPECTRUM TELECOMMUNICATIONS TOWER (ANTENNAS TO BE LOCATED 125 FEET ABOVE THE EXISTING GRADE) AT 3017 161ST AVENUE NW, LEGALLY DESCRIBED AS THAT PART OF THE EAST 461 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSIDP 32, RANGE 24, ANOKA COUNTY, MINNESOTA LYING SOUTH OF THE NORTH 2,106 FEET, EXCLUDING ROAD; SUBJECT TO EASEMENT OF RECORD. WHEREAS, US West Wireless, L.L.C. has requested a Special Use Permit to co-locate six (6) personai communication service antennas on the Sprint Spectrum telecommunications tower (antennas to be located 125 feet above the existing grade) existing water tower) at the property described above; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 113 and Ordinance No. S, Section 5.03; and WHEREAS, the Planning and Zoning Commission fmds that the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit 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 to allow US West Wireless, L.L.C. to co-locate six (6) personal communication service antennas on the Sprint Spectrum telecommunications tower (antennas to be located 125 feet above the existing grade) with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection by City Staff. Page Two Resolution US West Wireless, L.L.C. 2. The Special Use Permit will 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 August day of 1st, 2000. ATTEST: CITY OF ANDOVER /L;;t;., ~ ¡jg . {.)tv Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF AOKA STATE OF MINNESOTA RES. NO. R 156-00 A RESOLUTION DENYING THE REZONING REQUEST ON PROPERTY OWNED BY ROSELLA SONSTEBY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 30 (PIN 30-32-24-43-0001). WHEREAS, Rosella Sonsteby has proposed the following amendment to Ordinance 8, Section 6.03 (Rezoning) : 1. Rezone approximately 4 acres ftom NB, Neighborhood Business to GB, General Business (PIN 30-32-24-43-0001) legally described as follows; The western 300 feet of Unplatted City of Andover the Southwest Quarter of the Southeast Quarter of Section 30, Township 32, Range 24, Anoka County, Minnesota; except that portion lying south of ANOKA COUNTY RlGHT OF WAY PLAT NO. 22; also that portion platted as ANOKA COlJNTY RlGHT OF WAY PLAT NO.7; subject to easements of record. II. Rezone approximately 20 acres ftom M-2, Multiple Dwelling to GB, General Business (PIN 30-32-24-43-0001) legally described as follows: Unplatted City of Andover the Southwest Quarter of the Southeast Quarter of Section 30, Township 32, Range 24, Anoka County, Minnesota; except that portion lying south of ANOKA COUNTY RlGHT OF WAY PLAT NO. 22; also except the western 300 feet; also that portion plâtted as ANOKA COUNTY RlGHT OF WAY PLAT NO.7; subject to easements of record. . WHEREAS, A public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect upon the health, safety, and general welfare of the City of Andover, for the following reasons: 1. Inability to provide municipal sewer and water service. II. Loss of designated medium density land; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the rezoning as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the reconunendation of the Planning and Zoning Commission and denies said rezoning for the aforementioned reasons. Adopted by the City Council of the City of Andover on this 18th day ofJulv 2000. CITY OF ANDOVER ATTEST: ~ lJ¿Jþ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R155 -00 A RESOLUTION DENYING A COMPREHENSIVE LAND USE PLAN AMENDMENT ON PROPERTY OWNED BY ROSELLA SONSTEBY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 30 (pIN 30-32-24-43-0001) WHEREAS, Rosella Sonsteby has petitioned to amend the Comprehensive Plan to change the land use district designation on approximately 20 acres ftom RM, Residential Medium Density to C, Conunercial, on property legally described as follows:Unplatted City of Andover the Southwest Quarter of the Southeast Quarter of Section 30, Township 32, Range 24, Anoka County, Minnesota; except that portion lying south of ANOKA COUNTY RIGHT OF WAY PLAT NO. 22; also that portion platted as ANOKA COUNTY RIGHT OF WAY PLAT NO. 7; subject to easements of record. WHEREAS, A public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect upon the health, safety, and general welfare of the City of Andover, for the following reasons: Inability to provide municipal sewer and water service. Loss of designated medium density land; and WHEREAS, the Planning and Zoning Commission reconunends to the City Council denial of the amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the reconunendation of the Planning and Zoning Commission and denies said amendment to the Comprehensive Land Use Plan for the aforementioned reasons. Adopted by the City Council of the City of Andover on this 18th day ofJuly 2000. CITY OF ANDOVER Attest: ¡j~~ ()u/(/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. 154-00 A RESOLUTION GRANTING THE VARIANCE REQUEST OF JASON LARSEN TO ORDINANCE NO.8, SECTION 4.03 TO ALLOW FOR THE CONSTRUCTION OF AN ADDITION TO A NON-CONFORMING PRINCIPAL STRUCTURE ON A NON- CONFORMING LOT LOCATED AT 17151 TULIP STREETNW, LEGALLY DESCRIBED AS FOLLOWS: The S 300 feet of the N 994 feet of the E 217 feet of the W 752 feet of the NW Y. of NE \4 of Section 8, Township 32, Range 24 (as measured along north and west lines thereof); subject to easements of record. WHEREAS, Jason Larsen has requested a variance to Ordinance No.8, Section 4.03 to allow for the construction of an 434 square foot addition to a non-conforming principal structure on a non-conforming lot located at 17151 Tulip Street NW, legally described above. WHEREAS, the Planning and Zoning Commission has reviewed the request and the City Council has determined that the request meets the criteria of Ordinance No.8, Section 5.04 due to the fact that this request is a unique because the home is over 90 years old and is need of repairs to protect the health, safety and general welfare of its occupants. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby approves the variance requested by Jason Larsen to Ordinance No.8, Section 4.03 to allow for the construction of an 434 square foot addition to a non-conforming single family home on a non-conforming lot located at 17151 Tulip Street NW, legally described above. Adopted by the City Council of the City of Andover on this 18th day of Julv, 2000. ATTEST: CITY OF ANDOVER iLL d./b ,t );¡c,U Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 153-00 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF NEXTEL COMMUNICATIONS FOR THE CONSTRUCTION OF NINE (9) PANEL ANTENNAS (ANTENNAS NOT TO EXCEED 25 FEET IN HEIGHT ABOVE THE HIGHEST PORTION OF THE EXISTING WATER TOWER) ON TOP OF THE EXISTING WATER TOWER LOCATED AT 1717 CROSSTOWN BOULEVARD NW, LEGALLY DESCRIBED AS UNPLATTED CITY OF ANDOVER, NE y., OF SE y., SECTION 22-32-24 (SUBJECT TO EASEMENT OF RCPA 12/1167) (EXCLUDING W 330 FEET) (SUBJECT TO EASEMENT TO NSP 11112/68) RCPA EASEMENT P ARTIALL Y RELEASED 5/22/72. WHEREAS, Nextel Communications requested an Amended Special Use Permit to construct nine (9) panel antennas on top of the existing water tower (antennas not to exceed 25 feet above the highest portion of the existing water tower) on the property located at 1717 Crosstown Boulevard NW, legally described as above; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 113 and Ordinance No. 8, Section 5.03; and WHEREAS, the Planning and Zoning Commission finds that the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval ofthe Amended Special Use Permit 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 to allow Nextel Communications to construct nine (9) panel antennas on top of the existing water tower on said property with the following conditions: 1. Conditions No.1 & No.2 as stated in Special Use Permit Resolution No. 95-97. 2. The three (3) existing OMNI antennas be removed and replaced with nine (9) panel antennas. Page Two Resolution Amended Special Use Permit Nextel Communications Adopted by the City Council of the City of Andover on this 18th day of Julv, 2000. ATTEST: CITY OF ANDOVER tL;t;~/ a£b Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 152-00 MOTION by Councilmember Johnson to adopt the following; A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 98-11 , JAY STREET NW. WHEREAS, by a resolution passed by the City Council on June 20. 2000, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 98-11. WHEREAS, the Clerk has notified the Council that such proposed assessments has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. A hearing shall be held the 15th day of Auaust, 2000 in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of improvements. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged of the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interested will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this ~ day of Julv , 2000 , with Councilmembers Johnson, Jacobson. McKelvev, Kniaht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß· f'. ø~~4 ¿Lz;;~~ (/$ ¿/fE. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 151-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO BAUERL Y BROS., INC. FOR PROJECT NO. 99-32.1999 OVERLAYS. 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 Council member Jacobson and adopted by the City Council at a reqular meeting this 18th day of Julv , 2000 , with Councilmembers Johnson. Jacobson. McKelvev, Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: . t );fc-~ .E. McKelvey - Mayor t1.,.L;;~ d'/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 150-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF _ WATERMAIN & STREETS ,PROJECT NO. 00-29, IN THE AREA OF LAKEVIEW TERRACE & ADJOINING AREAS. WHEREAS, the City Council has received a petition, dated Julv 5 . 2000 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 Jacobson and adopted by the City Council at a reQular meeting this 18th day of Julv ,2000, with Councilmembers Johnson, Jacobson. McKelvev. Kniaht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fJ· t. Mc.l;4j} ¿%J.E. McKelvey - Mayor 7' ;i;t;;~ a~b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 149-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT 00-24, 14268 ROUND LAKE BOUELVARD 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 $ 7,515.78 so that the total cost of the improvement will be $7,515.78 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 7,515.78 2. Assessments shall be payable in equal annual installments extending over a period of 2- years. The first of the installments to be payable on or before the 1st Monday in January, 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 Jacobson and adopted by the City Council at a reqular meeting this 18th day of Julv ,2000, with Councilmembers Johnson, Jacobson, McKelvev, Kniqht. Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ;1, t. Þlc-~ já. E. McKelvey - Mayor /Uud drl¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 148-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , FOR PROJECT 00-14, 142XX ROUND LAKE BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 16,026.29 so that the total cost of the improvement will be $16,026.29 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 16.026.29 . 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, 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 Jacobson and adopted by the City Council at a reoular meeting this 18th day of July ,2000, with Councilmembers Johnson, Jacobson, McKelvey, Kniqht. Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Q, t. }JJ", A-1.4 0fr µ.E. McKelvey - Mayor ~ ¿/JÊ£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 147-00 A RESOLUTION APPROVING THE VARIANCE REQUEST LORRAINE TRESSEL TO VARY FROM THE FRONT YARD SETBACK FROM A MAJOR ARTERIAL, AND REAR YARD SETBACK PROVISIONS OF ORDINANCE 8, SECTION 6,02 ON PROPERTY LOCATED AT 14267 ROUND LAKE BLVD NW (PIN 29-32-24-43-0002). WHEREAS, Lorraine Tressel has petitioned to vary 3.6 feet from the 40-foot front yard setback :&om a major arterial, and 3.0 feet :&om the 30 foot rear yard setback provision of Ordinance 8, Section 6.02 for property located at 14267 Round Lake Blvd. NW (PIN 29-32-24-43-0002) legally described as follows: That part of the Southwest U ofthe Southeast U of Section 29, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the intersection of the centerline ofCSAH No.9 (AKA Round Lake Blvd NW) and the north line of said quarter quarter; thence south along said centerline 165 feet; thence east parallel with said north line 264 feet; thence north parallel with said centerline to said north line; thence west along said north line to the point of beginning; except the east 80 feet thereof; except road subject to easements of record. WHEREAS, the City Council finds construction of the home prior to the adoption of the Zoning Ordinance, right~of-way acquisition by Anoka County for Round Lake Boulevard, and no further encroachment into the minimum setback distance establishes a practical difficulty, not created by the property owner and grounds for granting a variance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request Adopted by the City Council of the City of Andover on this 5th day of July 2000. CITY OF ANDOVER ATTEST: ¡j~:t:.../ d/b , Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R146-00 MOTION by Councilmember Jacobson seconded by KniQht to adopt the fOllowing: A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT OF ANDOVER STATION /I, AS BEING DEVELOPED BY THE 116. LLC, IN SECTION 34-32-24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of the Development of Andover Station /I ; and WHEREAS, the Developer has presented the final plat of Andover Station 1/: 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 Andover Station /I contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Contingent on staff review and approval for compliance with City ordinances, polices & guidelines. 3. The approval of the association documents and covenants by the City and the recording of said documents with the final plat. 4. The approval and recording of the association documents of Andover Station. Said documents must be recorded prior to the recording of the Andover Station /I documents. Adopted by the City Council of the City of Andover this -.ill!L day of Julv , 20 -ºº--.. CITY OF ANDOVER ATTEST: LL,- II" ð . u~ ¿,¡-¡ ;(~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R145- 00 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF ANDOVER STATION II BY 116. LLC LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zorring Commission has conducted a public hearing; and comments were favorable; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the plat citing the following: 1. Approval of the Special Use Permit for the Planned Urrit Development and meeting the conditions set forth therein the resolution for approval. 2. The plat be contingent on staff review and approval for compliance with City ordinances, policies and guidelines. 3. Approval of a final landscape plan. 4. A copy of all variances listed in the "Development Standards" shall become the only listing of variances approved on the plat. 5. Subject to the approval of the association documents for Andover Station and Andover Station II by the City attorney. Adopted by the City Council of the City of Andover this 5th day of Julv ,2000 . ATTEST: tí-j;~j O:.ø Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R144-00 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF 116, LLC FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A COMMERCIAL DEVELOPMENT CONSISTING OF 14 LOTS AND ONE COMMON AREA LOT TO BE KNOWN AS THE SUBDIVISION OF "ANDOVER STATION II" ON THE PROPERTY LEGALLY DESCRIBED BELOW. WHEREAS, I 16, LLC has requested a Special Use Permit for a Planned Unit Development to develop a commercial development consisting of 14 lots and one common area lot to be known as the subdivision of "Andover Station II" 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 as follows: Lots 1-3, Block 1, Andover Station; 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, a public hearing was held before the Planning and Zoning Commission and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommended to the City Council the approval of the Special Use Permit as requested. Page Two Resolution Speciai Use Permit - Planned Unit Development Andover Station II - 116, LLC 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 116, LLC to develop a Planned Unit Development on said property with the following conditions: I. All variances associated with the approval of the Specíai Use Permit for the Planned Unit Development shall be approved with the approval of the preliminary plat in the fonn of "Development Standards". 2. That the Special Use Permit 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 preliminary plat of Andover Station II. If the preliminary plat application or request fails to be approved, in whole or in part, the special use permit 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 of the association c. Declaration of covenants, conditions and restrictions regulating the properties, maintenance of the common areas. 6. Subject to the recording of the association documents for Andover Station. Adopted by the City Council ofthe City of Andover on this -211L day of Julv. 2000. ATTEST CITY OF ANDOVER tL~"--- ¿I,;-/!¿ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 143-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTiON ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO VOLK SEWER & WATER FOR PROJECT NO. 00-14, 142XX ROUND LAKE BOULEVARD NW . 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 Orttel and adopted by the City Council at a reQular meeting this 5th day of July , 2000 , with Councilmembers Johnson, Orttel. McKelvey, Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting . against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Ii f. )¡JcÛ7 ~.E. McKelvey - May ( ¡j,dÜ t1d;;..ù.; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 142-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 98-11 , JAY STREET NW. WHEREAS, by a resolution passed by the City Council on June 20, 2000, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 98-11. WHEREAS, the Clerk has notified the Council that such proposed assessments has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. A hearing shall be held the 1 st day of Auoust, 2000 in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of improvements. She shall also cause mailed notice to be given to the owner of each parcel describèd in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged of the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interested will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reoular meeting this 5th day of Julv , 2000 , with Councilmembers Johnson. Orttel. McKelvev, Knioht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fl t M~ , /;;;t. {/L· t'E. McKelvey - Mayor L l-k-' Ú. / Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 141-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-25 FOR WATERMAIN IN THE FOllOWING AREA 3532 - 142ND AVENUE NW. WHEREAS, the City Council did on the 20th day of June ,2000, 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 -2!!L day of Julv ,2000 ; 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 í year period. MOTION seconded by Councilmember Ortiel and adopted by the City Council at a reqular meeting this 5th day of Julv ,2000, with Councilmembers Johnson, Ortiel, McKelvey, Kniaht, Jacobson . voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /.. ·d& t.L1r7-<4/ '" Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 140-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERiNG ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98-25 ,FOR CROSSTOWN BOUEVARD TRAIL. WHEREAS, pursuant to Resolution No. 195-98 , adopted by the City Council on the -ª!!L day of October . 1998 ,the Citv EnQineer has prepared final plans and specifications for Project 98-25 for Crosstown Boulevard Trail for trail improvements. WHEREAS, such final plans and specifications were presented to the City Council for their review on the -º!!L day of Julv ,2000. - 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 , Julv 28 , 2000 at the Andover City Hall. MOTION seconded by Councilmember Ortiel and adopted by the City Council at a reQular meeting this 5th day of Julv , 2000 , with Councilmembers Johnson, Ortiel, McKelvev, Kniaht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J} t m~/Idb j4.E. McKelvey - Mayo ( - (/,;-/L tL:£;~/ . /' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 139-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-9 ,FOR HIDDEN CREEK NORTH PARKING LOT RECONSTRUCTION. WHEREAS, pursuant to Resolution No. 138-00 , adopted by the City Council on the ....§!h... day of July , 2000 ,the City Enqineer has prepared final plans and specifications for Project 00-9 for Hidden Creek North Parkinq Lot Reconstruction for parkinq lot improvements. WHEREAS, such final plans and specifications were presented to the City Council for their review on the ....§!h... day of Julv ,2000. 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 , July 28 , 2000 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 5th day of July , 2000 , with - Councilmembers Johnson, Orttel, McKelvey, Kniqht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: tLt-UJ t/æ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 138-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-9 FOR HIDDEN CREEK NORTH PARKING LOT RECONSTRUCTION. WHEREAS, the City Council is cognizant of the need for Hidden Creek North Parking Lot Reconstruction; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Hidden Creek North Parkino Lot Reconstruction, Project 00-9; and BE IT FURTHER RESOLVED by the City Council to hereby direct the....9!Y.. Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this ~ day of JulY , 2000 , with Councilmembers Johnson, Orttel. McKelvey, Kniqht. Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: JJ t, M-~ ?' E. McKelvey - Mayor (.,. t/ø ~~"'I "'v . Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 137-00 A RESOLUTION APPROVING THE VARIANCE REQUEST OF SUNRIDGE TOWNHOMES, LLC. TO ORDINANCE NO.8, SECTION 6.02 TO ALLOW FOR THE CONSTRUCTION OF TWO (2) ATTACHED SINGLE FAMILY TOWNHOMES TO ENCROACH 8.6 FEET INTO THE THIRTY-FIVE (35) FOOT FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 13476/13482 MARTIN STREET NW, LEGALLY DESCRIBED AS LOTS 21-22, BLOCK 1, SUNRIDGE ADDITION. WHEREAS, Sunridge Townhomes, LLC has requested a variance to Ordinance No.8, Section 6.02 to allow for the construction of two (2) attached single family townhomes to encroach 8.6 feet into the thirty-five (35) foot rront yard setback on the property located at 13476/13482 Martin Street NW, legally described above. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said meets the criteria of Ordinance No.8, Section 5.04; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance 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 hereby approves the variance requested by Sunridge Townhomes, LLC. to Ordinance No.8, Section 6.02 and the construction of two (2) attached single family townhomes on the property located at 13476/13482 Martin Street NW, legally described above. Adopted by the City Council of the City of Andover on this 5th day of July. 2000. ATTEST: CITY OF ANDOVER d.;;-,: -' j,¿¿ ·~·ìrk;¿ Victoria V olk, City Clerk . E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R136-00 A RESOLUTION GRANTING THE VARIANCE REQUEST OF KELLY MATTSON TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A TEN (10) FOOT SIDEY ARD SETBACK FROM THE INTERIOR LOT LINE AND TO ALLOW FOR THE PLACEMENT OF A DECK ENCROACHING THREE (3) FEET INTO THE SIDEY ARD SETBACK FROM THE INTERIOR LOT LINE ON THE PROPERTY LOCATED AT 13659 XA VIS ST. NW, LEGALLY DESCRIBED AS LOT 12, BLOCK 1, HIDDEN CREEK 2ND ADDITION. WHEREAS, Kelly Mattson has requested a variance to Ordinance No.8, Section 6.02 which requires a ten (10) foot sideyard setback ITom the interior lot line to allow for the placement of a deck encroaching three (3) feet into the sideyard setback ITom the interior lot line on the property located at 13659 Xavis St. NW, legally described as Lot 12, Block 1, Hidden Creek 2nd Addition. WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No.8, Section 5.04; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance 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 hereby approves the variance requested by Kelly Mattson to Ordinance No.8, Section 6.02 which requires a ten (10) foot sideyard setback ITom the interior lot line and to allow the placement ofa deck encroaching three (3) feet into the sideyard setback ITOm the interior lot line on the property located at 13659 Xavis St. NW, legally described above. Adopted by the City Council of the City of Andover on this 5 th day of July, 2000. A TrEST: CITY OF ANDOVER ¡ji~"~ tJ~ Ii {. mv~i7 Victoria Volk, City Cjerk . E. McKelvey, Mayor . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 135-00 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF GERALD AND CAROL WINDSCHITL ON PROPERTY LOCATED AT 3640 152ND LAND NW (PIN 20-32-24-31-0018). WHEREAS, Gerald and Carol Windschitl have requested to split the western +/- 4.42 acres fi:om a +/- 7.76 acre parcel pursuant to ordinance No. 40 located at 3640 152nd Lane NW, legally described follows: Lot 1, Block I, LAKESIDE ESTATES, Anoka County, Minnesota AND That part of Government Lot 2, Section 20, Township 32, Range 24, Anoka County, Minnesota not platted as LAKESIDE ESTATES, except the following described parcel: Commencing at the southwest corner of said Government Lot 2; thence North 89 degrees 42 minutes 33 seconds East, assumed bearing along the south of said Government Lot 2, a distance of 1 06. 00 feet to the point of beginning; thence North 00 degrees 04 minutes 05 seconds West parallel with the west line of said Government Lot 2, a distance of 530.00 feet; thence North 89 degrees 42 minutes 33 seconds East to the intersection with the west line of Lot 1, Block 1, LAKESIDE ESTATES; thence south along the west line of said Lot 1 to the south line of said Government Lot 2; thence west along said south line to the point of beginning; except roads subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has detenIÚned that said request meets the criteria of Ordinance No.8 and 40; and WHEREAS, the Planning and Zoning Commission fmds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: . That the lot split be subject to a sunset clause as defmed in Ordinance No. 40, Section III(E). . Confmnation of buildability for the split lot by the Building Official. Adopted by the City Council of the City of Andover on this 5th day of July. 2000. CITY OF ANDOVER ATTEST: iLL i/vÆ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 134-00 A RESOLUTION DESIGNATING NO PARKING FROM THE MONTH OF APRIL 1 TO JULY 31 ALONG THE EAST SIDE OF HEATHER STREET NW BETWEEN IVYWOOD STREET NW AND 142ND AVENUE NW. WHEREAS, the City Council is cognizant of the public nuisance, traffic hazard, congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to the problem. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover that the portion on the east side of Heather Street NW between Ivywood Street NW and 142nd Avenue NW be designated no parking from the months of April 1 to July 31. Adopted by the City Council of the City of Andover this 20th day of June 2000. ATTEST: ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 133-00 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. Budaetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a long-term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. 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 Orttel and adopted by the City Council of the City of Andover on this 20th day of June ,2000 , with Councilmembers Johnson, Knioht, McKelvey, Jacobson, Orttel voting in favor of the resolution, and Council members voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~ fÚ¿ Victoria Volk - City Clerk EXHIBIT A Project Descriptions: Grey Oaks, Project 9S-29 Grey Oaks (Phase II), Project 00-16 Estimated Cost to be: $1.100.000.00 Reimbursed from: Bond Proceeds: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 132-00 MOTION by Councilmember o rtte I to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98-29, GREY OAKS FOR SANITARY SEWER. WATERMAIN, STREETS AND STORM SEWER. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 188-99, dated Auqust 17 , 1999, bids were received, opened and tabulated according to law with results as follows: Volk Sewer & Water $360,722.96 Inland Utility $368,676.20 Latour Construction $384,853.14 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 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 in the amount of $360,722.96 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 Jacobson and adopted by the City Council at a reQular meeting this 20th day of June ,2000 ,with Councilmembers Johnson, Kniqht. McKelvey, Jacobson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ (. þ¿~~ .E. McKelvey - Mayo ¡[6 tf~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 131-00 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-16 ,FOR GREY OAKS (PHASE II) . WHEREAS, pursuant to Resolution No. 130-00 , adopted by the City Council on the 20th day of June , 2000, TKDA has prepared final plans and specifications for Project 00-16 for Grey Oaks (Phase II) . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of June ,2000. 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, July 25, 2000 at the Andover City Hall. MOTION seconded by Council member Johnson and adopted by the City Council at a reQular meeting this 20th day of June , 2000 , with Council members Johnson, Kniqht, McKelvey, Jacobson, o rtte I voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . f'. JlJv ~ .E. McKelvey - Mayor. /1~ Ó..æ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 130-00 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ACCEPTING SUPPLEMENTAL FEASIBILITY STUDY (GREY OAKS PHASE I & PHASE 11/98-29 & 00-16), WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-16 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER IN THE FOllOWING AREA - GREY OAKS (PHASE II) WHEREAS, the City Council did on the ~ day of March ,2000, order the preparation of a supplemental feasibility study for the improvement; and WHEREAS, such supplemental feasibility study was prepared by TKDA and presented to the Council on the 20th day of June , 2000 ; 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 ,087.508.93 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 ,087,508.93 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 $ 165,000 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Johnson and adopted by the City Council at a reaular meeting this 20th day of June , 2000 , with Councilmembers Johnson, Kniqht. McKelvey, Jacobson, Ortiel voting in favor of the resolution, and Councilmembers none - voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: II f Mv~~ ~ d..-?V (ð. E. McKelvey - Mayor . . Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R129-00 MOTION by Councilmember Orttel seconded by Jacobson to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT OF GREY OAKS AS BEING DEVELOPED BY GREY OAKS, INC. IN SECTION 22-32-24. WHEREAS, the City Council approved the revised preliminary plat of the Planned Unit Development of Grev Oaks; and WHEREAS, the Developer has presented the final plat of Grev Oaks. WHEREAS, the City Engineer has reviewed such plat for conformance with the revised preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Grev 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 outside the plat if necessary. 7. Subject to final review of City Staff for compliance with City Ordinances 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. g. 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 with the Anoka County Recorder. 11. Filing of the Easement Encroachment Agreement with the Anoka County Recorder. 12. The revised development standards approved by the City Council on June 20,2000 shall become the only listing of variances approved on the plat. Adopted by the City Council of the City of Andover this 20th day of June 2000. CITY OF ANDOVER ATTEST: f!.-. .E. McKelvey - Mayor ~. d,/L "·i ~~ ' J Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R128-00 A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF "GREY OAKS" BY GREY OAKS. INC. LOCATED IN SECTION 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the developer has made significant revisions to the preliminary plat since the March 2,1999 Council approval of the preliminary plat; and WHEREAS, the Andover Review Committee has reviewed the revisions and forwards them to the City Council for review and approval. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the revised preliminary plat with the following conditions: 1. The conditions of Resolution No. 055-99, approving the Special Use Permit for the Planned Unit Development of Grey Oaks and 056-99, approving the Preliminary Plat for the Planned Unit Development of Grey Oaks adopted by the City Council on March 2,1999, shall be met. 2. The areas designated as future parking, if needed, would have to be approved by the City Council. 3. The trail system will be changed to a public system and will be continued to connect with the rest of the public system to the perimeter of the plat on Nightingale Street NW. 4. The Building Department will enforce the regulation that all residential buildings have similar design characteristics. 5. The revised Development Standards as submitted have been approved. 6. Recreational facilities be constructed or adequate escrow be provided to guarantee their construction. Adopted by the City Council of the City of Andover this 20th day of June ,20-ºº--. CITY OF ANDOVER ATTEST: tLL~ ¡;¿¿Ú Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 1 ?7_()() A RESOLUTION ADOPTING THE MODIFICATION TO THE DEVELOP1\.1ENT PROGRAM FOR DEVELOP1\.1ENT DISTRICT NO.1; AND ADOPTING THE MODIFICATION TO THE TAX INCRE1\.1ENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.1-I. THEREFORE, BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota (the "City"), as follows: Section 1. "Rp.("1t~1<;;! 1.1. The City Council and the Economic Development Authority for the City have heretofore adopted a Development Program for Development District No.1 and adopted a Tax Increment Financing Plan for Tax Increment Financing District No. 1-1. 1.2. It has been proposed that the City modify the Development Program for Development District No. I and modify the Tax Increment Financing Plan for Tax Increment Financing District No.1-I, all pursuant to and in accordance with Minnesota Statutes, Sections 469.090 through 469.1081, inclusive, as amended, and Minnesota Statutes, Sections 469. 174 to 469.179, inclusive as amended (the "Act"). Generally, the substantive changes to the Tax Increment Financing Plan for Tax Increment Financing District No. 1-1 include the modification of the budget to add expenditures, designation of additional parcels for acquisition, an increase maximum bonded indebtedness and other administrative updates to the Plan. 1.3. The Council has investigated the facts and has caused to be prepared modifications to the Development Program for Development District No.1 and modifications to the Tax Increment Financing Plan for Tax Increment Financing District No. 1-1 (collectively the "Modifications"). 104. The City has performed all actions required by law to be performed prior to the adoption and approval of the proposed Modifications, including, but not limited to, notification of Anoka County and School District No. 11 having taxing jurisdiction over the property to be included in District No. 1-1, a review of and comment on the Modifications by the City Planning and Zoning Commission, and the holding of a public hearing upon published notice as required by law. Section 2. Finilingç: for thf'; Arrr()v~l {)fthp. M()ciifir.M1nm::. 2.l. The Council hereby reaffirms the original fmdings for Tax Increment Financing District No. 1-1 as modified herein, namely that Tax Increment Financing District No. I-I is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, subd. 10 (a)(l) and that the proposed development would not occur solely through private investment within the reasonable foreseeable future and therefore the use of tax increment fmancing is deemed necessary, the Modifications conform to the.generaI plan for the development or redevelopment of the City as a whole, and that the Modifications will afford maximum opportunity consistent with the sound needs of the city as a whole, for the development of Development District No. I by private enterprise. 2.2. The reasons supporting these fmdings are that private investment will not fmance these development activities due to prohibitive costs, and therefore it is necessary to finance these redevelopment activities through the use of tax increment financing so that other development by private enterprise will occur within Development District No.1; Tax Increment Financing District No. I-I is properly zoned; the Modification to the Tax Increment Financing Plan conforms to the City's comprehensive plan for redevelopment and development; and the development activities are necessary so that development and redevelopment by private enterprise can occur within Development District No. I. Section 3. Pnhli(': Pnrpn<::p. 3.l. The Council hereby fmds that the Modifications conform in all respects to the requirements of the Act and are intended and, in the judgement of this Council, the effect of such actions will be to help fulfill a need to develop an area of the City which is already built up, to provide employment opportunities, to improve the tax base and to improve the general economy of the State and hereby serves a public purpose. Section 4. Apprmml oft],,, Morfifi~"tion<: Filing. 4.l. The Modification to the Development Program for Development District No. 1 and the Modification to the Development Program for Tax Increment Financing District No. I-I are hereby approved, and shall be placed on file in the office of the City Clerk. Approval ofthe Modifications does not constitute approval of any project or a Development Agreement with any developer. 4.2. The Modifications are forwarded to the Andover Economic Development Authority for its approval. · 4.3. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Modifications and for this purpose to negotiate, draft, prepare and present to this Council for its consideration ail further plans, resolutions, documents and contracts necessary for this purpose. Adopted by the City Council of the City of Andover on this ~ day of June 2000. ATTEST: CITY OF ANDOVER ~ ¡J.../.¿ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R126-00 A RESOLUTION ACCEPTING A DRAINAGE AND UTILITY EASEMENT FROM WAYNE NESS AT 14268 ROUND LAKE BLVD NW (pIN 29-32-24-31-0091). WHEREAS, Wayne Ness presents a drainage and utility easement to be dedicated to the City of Andover at 14268 Round Lake Blvd NW, legally described as follows: An easement for drainage and utility purposes legally described as follows: That part of Lot 3, Block 3, ANDOVER BOUNDARY COMMISSION PLAT NO.1, according to the recorded plat thereof, Anoka County, Minnesota, lying northerly of a line drawn from the southeast corner of Lot 5, Block 3, said ANDOVER BOUNDARY COMISSION PLAT NO.1, to a point on the east line of said Lot 3, Block 3, distant 94.49 feet southerly of the northeast corner thereof, as measured along said east line and lying southeasterly of a line drawn from a point on the east line thereof, distant 72.41 feet southerly of the northeast corner thereof, to a point on the south line thereof, distant 67.96 feet westerly of the southeast corner thereof. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby accept the drainage and utility easement described herein. Adopted by the City Council of the City of Andover on this 20th day of June, 2000. A TrEST d;L:~~, drib Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 125-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN & SANITARY SEWER, FOR PROJECT 98-11, JAY STREET NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 115,285.56 so that the total cost of the improvement will be $ 479.026.49 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 $ 431,617.37 the amount to be assessed against benefited property owners is declared to be $ 47.409.12 2. Assessments shall be payable in equal annual installments extending over a period of ..1.!L years. The first of the installments to be payable on or before the 1st Monday in January 2001 , and shall bear interest at the rate of L- percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 20th day of June, 2000 , with Councilmembers Johnson, Kniqht. McKelvev, Jacobson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß· t. );;ú/(~~ tí.J.E. McKelvey - Mayor A,Z::w J~ Victoria Volk - City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: June 20 ,2000 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at City Hall on June 20 ,2000 at 7:00 o'clock-IL.m. for the purpose, in part, of authorizing the call of certain outstanding General Obligation Tax Increment Bonds, Series 1993B. The following members were present: McKelvey, Knight, Jacobson, Johnson, Orttel And the following were absent: None Councilmember Johnson introduced the following resolution and moved its adoption: RESOLUTION NO. 124-00 RESOLUTION AUTHORIZING THE CALL OF CERTAIN OUTSTANDING GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1993B WHEREAS: 1.01. The City has issued $520,000 General Obligation Tax Increment Bonds, Series 1993B (the "Series 1993B Bonds") to finance project costs within Development District No. I and, in connection with the issnance of the Series 1993B Bonds, established a General Obligation Tax Increment Bonds, Series 1993B Debt Service Fnnd (the "Debt Service Fund"). 1.02. As of March 10,2000, the cash balance in the Debt Service Fund was $231,850.01 and the City anticipates an additional $ 9,379.99 be deposited in the Debt Service Fund by July 31, 2000. The remaining outstanding balance of principal and interest due on the Series 1993 Bonds is $241,230.00. Consequently, tbe balance in the Debt Service Fund will be in excess of the remaining outstanding principal and interest reqnirements of the Series 1993B Bonds on August I, 2000. 1.03. The Series 1993 Bonds maturing in the years 2001 through 2003, aggregating $165,000 in principal amount, are subject to redemption on August 1,2000, and on any day thereafter, at a price of par plus accrued interest. NOW, THEREFORE, be it resolved by the City of Andover, Minnesota, as follows: 1.01. This Council hereby determines that there exists sufficient money in the Debt Service Fund established by Resolution No. 161-93 duly adopted by the Council on July 20, 1993, to prepay on August I, 2000, $165,000 aggregate principal amount of Series 1993 Bonds maturing in the years 2001 through 2003, 1.02. U.S. Bank Trust National Association, in SI. Paul, Minnesota (formerly, First Trust National Association), the bank at which principal and interest are payable, is hereby authorized and directed to cause the Notice of Redemption attached hereto as Exhibit A to be given in accordance with the provisions of Resolution No. 161-93. 1.03. No further action shall be required of the Council to complete prepayment of the Series 1993B Bonds, The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Knight , and upon vote being taken thereon, the following voted in favor thereof: McKelvey, Jacobson, Johnson, Knight, Ortlel and the following voted against the same: None Whereupon the resolution was declared duly passed and adopted. Dated June 20 ,2000. ~ r!,ß City Clerk STATE OF MINNESOTA) ) 55. COUNTY OF ANOKA ) 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 a meeting of the City Council held on the date therein indicated with the original minutes thereof on file in my office and that the same is a full, true and correct transcript thereof insofar as said minutes relate to Resolution No. 124-00 WITNESS my hand officially this 20th day of June, 2000. GL/L~ 'V£ (), City Clerk EXHIBIT A NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION TAX INCREMENT BONDS, SERIES 1993B 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 I, 2000 those outstanding bonds of the City designated as General Obligation Tax Increment Bonds, Series 1993B, dated August 1, 1993, having stated maturity dates in the years 2001 through 2003 and totaling $165,000 in principal amount. The bonds are being called at a price of par plus accrued interest to August I, 2000, on which date all interest on the bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank Trust National Association (formerly, First Trust National Association), 180 East Fifth Street, 3" Floor-Bond Drop Window, or ifby mail, to P.O. Box 64111, in St. Paul, Minnesota 55164-0111, on or before August 1,2000. Dated: June 20 .2000. BY ORDER OF THE CITY COUNCIL CITY OF ANDOVER, MINNESOTA Isl Vicki Volk. Clerk Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31 % will be withheld if tax identification is not properly certified. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 123-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. 00-25, IN THE AREA OF 3532 - 142nd AVENUE NW. WHEREAS, the City Council has received a petition, dated June 5, 2000 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. 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 Council member Kniqht and adopted by the City Council at a reqular meeting this 20th day of June , 2000, with Councilmembers Johnson, Kniqht. McKelvey, Jacobson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: §. t )rlc-'~ ¡d.E. McKelvey - Mayor ¿Ú. j~ / ---'" Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 122-00 A RESOLUTION DECLARING CERTAIN STREETS WITHIN THE SOUTH HALF 0 F SECTION 15, TOWNSHIP 32, RANGE 24 WITHIN THE CITY OF ANDOVER TO BE AN URBAN DISTRICT AND ESTABLISHING A 30 MPH SPEED LIMIT THEREON ON THE FOLLOWING SEGMENTS OF STREETS WHICH INCLUDE CERTAIN STREETS IN THE DEVELOPMENT KNOWN AS NORTH VALLEY RIDGE. 1. Uplander Street NW between 158th Avenue NW (located in North Valley Ridge) and 16151 Avenue NW. 2. Swallow Street NW between 1591h Avenue NW (located in North Valley Ridge) and 16151 Avenue NW. 3. 158th Avenue NW (located in North Valley Ridge) between Uplander Street NW to the end of the cul-de-sac just east of Swallow Street NW. 4. Quinn Street NW between 1591h Lane NW and 16151 Avenue NW. 5. 1591h Lane NW between Swallow Street NW and Nightingale Street NW WHEREAS, the City Council is the governing body of the City of Andover, Minnesota; and WHEREAS, Minnesota Statute 169.14 subd. 5b provides that the governing body of a city may by resolution declare any segment of a city street of at least one quarter mile in distance on which a speed limit in excess of 30 MPH has been established pursuant to an engineering and traffic study conducted by the Commissioner of Transportation an "urban district" as defined by Minnesota Statute 169.01, subd. 59; and WHEREAS, Minnesota Statute 169.14, subd. 5b also provides that the governing body may establish on such segment of City street the speed limit for urban districts as prescribed in Minnesota Statutes 169.14, subd. 2; and WHEREAS, Andover Engineering Department has determined that certain street segments in the south half of Section 15-32-24 meets the definition "urban district" as defined in Minnesota Statute 169.01, subd. 59 in that such segment is in excess of one quarter mile in distance and the area contiguous thereto is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet; and WHEREAS, the City Council finds that in the interest of public safety such certain street segment in Section 15-32-24 should be declared an "urban district" and that a speed limit of 30 MPH should be established. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that certain street segments in Section 15-32-24 in the City of Andover be declared an "urban district" as defined by Minnesota Statute 169.01, subd. 59. BE IT FURTHER RESOLVED that a speed limit of 30 MPH as prescribed for urban districts in Minnesota Statue 169.14, subd. 2 be established for such certain street segments in Section 15-32-24. BE IT FURTHER ESOLVED that the City Engineer be authorized and directed to erect appropriate signs evidencing the intent of this resolution. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Commissioner of Transportation at least ten days prior to the erection of such signs. Adopted by the City Council of Andover, Minnesota this 20th day of June , 2000. CITY OF ANDOVER ATTEST: - ~ Jv-c0 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R121-00 A RESOLUTION ADOPTING BUSINESS SUBSIDY CRITERIA. WHEREAS, Minnesota Statutes, Sections 116J.993 through 1 16J.995 (the "Statutes") require the adoption of criteria for the granting of business subsidies as defined in the Statutes; and, WHEREAS, the City of Andover (the "City") has determined that it is necessary and appropriate to adopt business subsidy criteria pursuant to the Statutes; and, WHEREAS, the City has performed all actions required by law to be performed prior to the adoption and approval of the proposed business subsidies, including the holding of a public hearing upon published notice as required by law on June 20, 2000. NOW, THEREFORE, BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota, that the business subsidy criteria, contained in Exhibit A of this resolution are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the City Clerk. Adopted by the City Council of the City of Andover on this zofu day of June 2000. ATTEST: CITY OF ANDOVER ~ ffdb ' r me- ~ Victoria Volk, City Clerk . E. McKelvey, Mayor EXHIBIT A City of Andover Business Subsidy Critería June 20, 2000 1 PURPOSE AND AUTHORITY 1.1 The purpose of this document is to establish the criteria for the City of Andover (the Grantor) for granting of business subsidies for private development. These criteria shall be used as a guide in the processing and reviewing applications requesting business subsidies. 1.2 The City's ability to grant business subsidies is governed by the limitations established in Minnesota Statutes 116J,993 through 1161.994 (the Statutes). 1.3 Unless specifically excluded by the Statutes, business subsidies include grants by state or local government agencies, contributions of personal property, real property, inftastructure, the pri1)cipal amount of a loan at rates below those commercially available to the recipient of the subsidy, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business. 1.4 These criteria are to be used in conjunction with other relevant policies of the Grantor. 1.5 The City may deviate from these criteria by documenting in writing the reason(s) for the deviation. The documentation shall be submitted to the Department of Trade and Economic Development with the next annual report. 1.6 The Grantor may amend this document at any time. Amendments to these criteria are subject to public hearing requirements contained in the Statutes. 2 PUBLIC PURPOSE REQUIREMENT 2.1 All business subsidies must meet a pubiic purpose. 2.2 The creation or retention of jobs may be, but is not required to be, a public purpose for granting a subsidy. The determination that jobs are not a public purpose for the subsidy and that the related wage and job goals are zero shall be made following a public hearing. 2.3 Job retention may only be used as a public purpose in cases where job loss is specific and demonstrable. The City shall document the information used to determine the nature of the job loss. 2.4 The creation of tax base shall not be the sole public purpose of a subsidy. 1 2.5 The wage floor for wages to be paid for the jobs created shall be the State minimum wage in effect at the time the subsidy is granted. The City will seek to create jobs with higher wages as appropriate for the overall public purpose of the subsidy. 3 BUSINESS SUBSIDY APPROVAL CRITERIA 3.1 All new projects approved by City of Andover should meet the following minimum approval criteria. However, it shouid not be presumed that a project meeting these criteria will automatically be approved. Meeting these criteria creates no contractual rights on the part of any potential developer. 3.2 To be eligible to receive a business subsidy, the recipient must meet the following minimum requirements: a. The subsidy must achieve a public purpose. b. The project must comply with local plans and ordinances. c. The recipient shall provide infonnation demonstrating that granting the subsidy is necessary for the proposed development to occur. d. The recipient enters into an agreement pursuant to these criteria and the Statutes. 3.3 The business subsidy shall be provided within applicable state legislative restrictions, debt limit guidelines, and other appropriate financial reqnirements and policies. 3.4 The project must be in accord with the Comprehensive pjan and Zoning Ordinances, or required changes to the plan and Ordinances must be under active consideration by the City at the time of approval. 3.5 Business subsidies will not be provided to projects that have the financial feasibility to proceed without the benefit of the subsidy. In effect, business subsidies will not be provided solely to broaden a developer's profit margins on a project. Prior to consideration of a business subsidy request, the Grantor may undertake an independent underwriting of the project to help ensure that the request for assistance is valid. 3.6 Prior to approval of a business ·subsidy, the devejoper shall provide any required market and financial feasibility studies, appraisals, soil boring, infonnation provided to private jenders for the project, and other infonnation or data that the Grantor or its financial consultants may require in order to proceed with an independent underwriting. 3.7 Any developer requesting a business subsidy should able to demonstrate past successful general development capability as well as specific capability in the type and size of development proposed. 2 City of Andover June 20, 2000 3.8 The developer must retain ownership of the project at least long enough to complete it, to stabilize its occupancy, to establish the project management, and to initiate repayment of the business subsidy, if applicable. 3.9 A recipient of a business subsidy must enter into a subsidy agreement with the Grantor as described in Section 4. 3.10 A recipient of a business subsidy must make a commitment to continue operations within the City for at least five years after the benefit date. 3.11 Any business subsidy will be the lowest possible level and least amount of time necessary, after the recipient maximizes the use of private debt and equity financing first. 4 Subsidy Agreement 4.1 In granting a business subsidy, the Grantor shall enter into a subsidy agreement with the recipient that provides the infonnation, wage andjob goals, commitments to provide necessary reporting data and recourse for fail to meet goals required by the Statutes. 4.2 The subsidy agreement may be incorporated into a broader development agreement for a project. 4.3 The subsidy agreement will describe the requirements for the recipient to provide the reporting infonnation required by the Statutes. 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Res. No. 120-00 A RESOLUTION DECLARING THE ANDOVER F AMIL Y FUN FEST A CITY FUNCTION. WHEREAS, the Andover Family Fun Fest is in its fifth year; and WHEREAS, the committee for the Fun Fest is comprised of city volunteers; and WHEREAS, the intent was for the Andover Family Fun Fest to be a city celebration. NOW, THEREFORE, BE IT RESOLVED, that the City Council declare the Andover Family Fun Fest to be a city function. Adopted by the City Council of the City of Andover this 6th day of Tune , 2000. CITY OF ANDOVER Attest: ~.~K::;~r ~O4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 119-00 A RESOLUTION DESIGNATING NO PARKING ALONG BOTH SIDES OF CROSSTOWN BOUELVARD NW BETWEEN HANSON BOUELVARD NW AND ANDOVER BOULEVARD NW. WHEREAS, the City Council is cognizant of the public nuisance, traffic hazard, congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to the problem. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover that the portion of Crosstown Boulevard NW between Hanson Boulevard NW and Andover Boulevard NW be designated no parking. Adopted by the City Council of the City of Andover this -º1h... day of June , 2000. ATTEST: J'~' Mv~~ . . McKelvey - Mayor /LZ;;A~/ !/þ/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 118-00 A RESOLUTION ENCOURAGING THE ANOKA COUNTY BOARD OF COMMISSIONERS TO RECORD OR TELEVISE THEIR MEETINGS. WHEREAS, the City of Andover is one of three Anoka County cities that are members of the Quad Cities Cable Communications Commission; and WHEREAS, the members of the Quad Cities Cable Communications Commission actively use cable television technology to keep our constituents informed of the workings of local government; and WHEREAS, the County of Anoka is a critical component of local government serving the citizens of the City of Andover; and WHEREAS, the citizens of our city will benefit from the availability of televised meetings of the Anoka County Commission; and WHEREAS, the technical staff of the Quad Cities Cable Communications Commission can be available to assist Anoka County in making televised meetings of the County Commission a reality. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the Anoka County Commission is hereby requested and encouraged to work with the staff of the Quad Cities Cable Communications Commission to record or televise the meetings of the Anoka County Commissioners such that Anoka County Commission meetings may be televised for our citizens. Adopted by the City Council of the City of Andover this 6th day of Tune , 2000. CITY OF ANDOVER Attest: rA { JrJ6 ~b ~ó"a . E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R117-00 A RESOLUTION APPROVING A CHARITABLE GAMBLING PERMIT FOR THE ANDOVER LIONS CLUB TO CONDUCT A PULLTAB OPERATION DURING THE ANDOVER F AMIL Y FUN FEST, SA TURDA Y, JULY 8, 2000 AT 1685 CROSSTOWN BOULEVARD N.W., ANDOVER, MINNESOTA. WHEREAS, the Andover Lions Club has submitted an application to the City of Andover and the State Charitable Gambling Board for a permit to operate charitable gambling at the Andover Family Fun Fest, 1685 Crosstown Boulevard NW, Andover, MN. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a charitable gambling permit is hereby approved for the Andover Lions Club to operate a pulltab operation during the Andover Family Fun Fest, Saturday, July 8, 2000 at 1685 Crosstown Boulevard NW. Adopted by the City Council of the City of Andover this 6th day of June ,2000. CITY OF ANDOVER Attest: rJ f' })/,.,¿;4 ~ f1. E. McKélvey - Mayor tfß Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rl16-00 A RESOLUTION IN SUPPORT OF THE CEDAR CREEK GREENWAY CORRIDOR MASTER PLAN WHEREAS, Cedar Creek transverses through the northwest corner of Andover; and WHEREAS, Cedar Creek is identified a significant natural amenity to the City; and WHEREAS, Maintenance ofthe existing character and natural appearance of the corridor is important; and WHEREAS, Anoka County, in cooperation with residents of the Cities of Andover and Oak Grove and Minnesota Department of Natural Resources has developed the Master Plan for Cedar Creek Greenway Corridor. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby supports the goals and findings of said report. Adopted by the City Council of the City of Andover on this 6th day of June, 2000. CITY OF ANDOVER , t m&/~ ATTEß-'F:--- .E. McKelvey, Mayor L dF~, _ty City Ck,k CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rl15-00 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF . WAYNE NESS ON PROPERTY LOCATED AT 14268 ROUND LAKEBLVDNW (PIN 29-32-21-31- 0091). WHEREAS, Wayne Ness has requested to split the northern 100 feet (approximately 16,455 square feet) from a +/- 31,756 square foot parcel pursuant to ordinance No. 40 located at 14268 Round Lake Blvd. NW, legally described as Lot 3, Block 3, ANDOVER BOUNDARY COMMISSION PLAT NO. I; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No.8 and 40; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: I. That the lot split be subject to a sunset clause as defmed in Ordinance No. 40, Section III(E) . II. City acceptance of a survey for the proposed lot split. III. Park dedication being paid in accordance with Ordinance No. 10, Section 9.07. IV. That construction ofa home or removal of the accessory garage commences within one year of the date of approval on the split parcel. V. That a drainage and utility easement be prepared by the applicant and be accepted by the city over the sewer service line on the northern split parcel Adopted by the City Council of the City of Andover on this 6th day of June 2000. CITY OF ANDOVER ATTEST: tLt;~ ~/ d.a Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 114-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WÄIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DiRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-24 FOR WATERMAIN IN THE FOLLOWING AREA 14268 ROUND LAKE BOULEVARD NW. WHEREAS, the City Council did on the -ª!:L day of June ,2000, 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 --º!h.. day of June ,2000 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 7,022.55. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 7,022.55 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a í year period. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 6th day of June , 2000 , with - Councilmembers Jacobson, Johnson, McKelvey, Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ii ff. J/kf\~ .E. McKelvey - Mayor /"' dt;. ~ /J..¿b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 113-00 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. 00-24 , IN THE AREA OF 14268 ROUND LAKE BOULEVARD NW. WHEREAS, the City Council has received a petition, dated Mav 16, 2000 requesting the construction of improvements; and WHEREÀS, 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 Johnson and adopted by the City Council at a reaular meeting this 6th day of June , 2000, with Councilmembers Jacobson, Johnson, McKelvev, Kniaht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¡fJ-~ lil// Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R112-00 A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED ADOPTION OF BUSINESS SUBSIDY CRITERIA. WHEREAS, the State Legislature has adopted Minnesota Statutes, Sections 1161.993 to 116J995 ("the Statutes") governing business subsidies granted by units of govemment; and WHEREAS, the City of Andover ("the City") and the Andover Economic Development Authority ("the EDA") fit the definition of "Grantor" in the Statutes; and NOW, THEREFORE, BE IT RESOLVED, by the City Council (the "Council") for the City of Andover, Minnesota (the "City"), as follows: Section I. Public Hearing. The Council and the Board of Commissioners shall meet in joint session on Tuesday, June 20, 2000, at approximately 7:00 p.m., to hold a public hearing on the proposed adoption of criteria for awarding business subsidies in accordance with the Statutes; and Section 2. Notice of Public Hearing. City staff is authorized and directed to work with Ehlers and Associates, Inc., to prepare the criteria. The City Clerk is authorized and directed to cause notice of the hearing to be published at least once in the official newspaper of the City no later than 10 days prior to June 20, 2000, and to place a copy of the proposed criteria on file in the City Clerk's office at City Hail and to make such copy available for inspection by the public. Adopted by the City Council of the City of Andover on this 16th day of May, 2000. ATTEST: CITY OF ANDOVER ~ 0,;/£ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 111-00 A RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON THE PROPOSED ADOPTION OF THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRlCT NO. 1, AND THE ADOPTION OF THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. I - I THEREIN. NOW, THEREFORE, BE IT RESOLVED, by the City Council (the "Council") for the City of Andover, Minnesota (the "City"), as follows: Section 1. Pllhli" H,,"ring. This Council shall meet on Tuesday, June 20,2000, at approximately 7:00 p.m., to hold a public hearing on the proposed adoption of the Modification to the Development Program for Development District No. 1, the proposed adoption of a Modification to the Tax Increment Financing Plan (the "Modifications") for Tax Increment Financing District No. 1-1 (a redevelopment district) therein, all pursuant to and accordance with Minnesota Statutes, Sections 469.090 through 469.108 1, _. inclusive, as amended, and Minnesota Statutes, Sections 469. I 74 through 469. I 79, ) inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Nnti"" nfPllhli" H,,"ring, Filing nfMnr'lifi,,"tinn<. City staff is authorized and directed to work with Ehlers and Associates, Inc., to prepare the Modifications and to forward documents to the appropriate taxing jurisdictions including Anoka County and Independent School District No. I I. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to June 20, 2000, and to place a copy of the Modifications on file in the City Clerk's office at City Hall and to make such copy available for inspection by the public. Adopted by the City Council of the City of Andover on this 16th day of May , 2000. ATTEST: CITY OF ANDOVER {.~ {/.¿¿ .1.1 . Victoria Volk, City Clerk , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 110-00 MOTION by Council member Johnson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-.1. TO PROJECT NO. 94-30B, CITY HALL PARKING LOT CONSTRUCTION. WHEREAS, the City of Andover has a contract for Project No. 94-30B with Bauerly Bros. of Sauk Rapids, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-30B. MOTION seconded by Council member Ortlel and adopted by the City Council at a reQular meeting this 16th day of May ,2000, with Council members Johnson, Ortlel. McKelvey, Knioht. Jacobson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ß t. Þ;v<~ a.E. McKelvey - Mayor JL- ¡)..¿b Victoria Volk - City Clerk_ CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO.1 09-00 A RESOLUTION GRANTING THE VARIANCE REQUEST OF JAMES LARSON TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A FIFTY (50) FOOT BUILDING SETBACK FROM A MAJOR ARTERIAL AND TO ALLOW FOR THE CONSTRUCTION AND PLACEMENT OF A BUILDING ADDITION WHICH WILL ENCROACH FIFTEEN (15) FEET INTO THIS SETBACK, AND ORDINANCE NO.8, SECTION 8.08(H) WHICH REQUIRES A TEN (10) FOOT SIDEYARD SETBACK FROM THE SIDE PROPERTY LINE FOR A OFF-STREET PARKING FACILITY AND TO ALLOW FOR THE CONSTRUCTION OF A PARKING LOT ADDITION THAT WILL ENCROACH FIVE (5) FEET INTO THIS SETBACK ON THE PROPERTY LOCATED AT 3149 162ND LANE NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 1, HUGHES INDUSTRIAL PARK. WHEREAS, James Larson has requested a variance to Ordinance No.8, Section 6.02 which requires a fifty (50) foot building setback from a major arterial and to allow for the construction and placement of an building addition encroaching fifteen (15) feet into the fifty (50) foot building setback from a major arterial, and Ordinance No.8, Section 8.08(H) which requires a ten (10) foot sideyard setback from the side property line for off-street parking facilities and to allow a future off-street parking facility to encroach five (5) feet into this sideyard setback on the property described above. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variances being 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 hereby approves the variances requested by James Larson on the property located at 3149 162nd Lane NW, legally described as Lot 1, Block 1, Hughes Industrial Park. Adopted by the City Council of the City of Andover this 16th day ofMav, 2000. ATTEST: CITY OF ANDOVER ~ iJrd ,t. øt;, i1.. Victoria Volk, City Clerk . E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RI08-00 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF MARVIN TOBECK ON PROPERTY LOCATED AT 16390 V ALLEY DRIVE NW (pIN 17- 32-24-22-0003). WHEREAS, Marvin Tobeck has requested a lot split pursuant to Ordinance No. 40 on property located at 1364 Ward Lake Drive NW, legally described on Exhibit "A". WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No. 40 and 8; 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 lot split\variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1) That the applicant submits a survey of the proposed split for city staffs review. 2) That the applicant pay a $1,300 park dedication fee and $350 trail fee per city council resolution. 3) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 4) That the applicant obtain additional acreage to meet the minimum lot width requirements ofOrdiance 8, Section 6.02 5) That property be combined to eliminate remnant or landlocked parcels. Adopted by the City Council of the City of Andover on this 16th day of May, 2000. CITY OF ANDOVER ATTEST: ~/ ()¿ Victoria Volk, City Clerk Exhibit A Split the south 2.5 acres rrom following described parcel: All that part of the Northwest Quarter of the Northwest Quarter of Section 17, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at the Northwest Comer of said Section 17; thence South 89 degrees 45 minutes 51 seconds East along the North line of said Section 17 a distance of 439.84 feet to its intersection with the centerline of Valley Drive; thence South 3 degrees 45 minutes 42 seconds East along said centerline ofa distance of235.40 feet; thence southerly continuing along said centerline and on a tangential curve to the right having a radius of2204.18 feet and a delta angle of 11 degrees 59 minutes 33 seconds a distance of 461.35 feet; thence South 8 degrees 13 minutes 51 seconds West continuing along said centerline and tangent to last mentioned curve a distance of 52.45 feet to the actual point of beginning of the tract of land to be hereby described; thence continuing South 8 degrees 13 minutes 51 seconds West along said centerline a distance of 417 .28 feet; thence southerly continuing along said centerline and on a tangential curve to the right having a radius of 1366.36 feet and a delta angle of 6 degrees 42 minutes 06 seconds a distance of 159.82 feet to its intersection with the south line of said Northwest Quarter of the Northwest Quarter; thence North 89 degrees 39 minutes 55 seconds West along said South line a distance of 333.53 feet to the southwest comer of said Northwest Quarter of the Northwest Quarter; thence 0 degrees 11 minutes 51 seconds West along the west line of said Northwest Quarter of the Northwest Quarter a distance of570.0 feet; thence South 89 degrees 39 minutes 55 seconds East a distance of 427.30 feet to the actual point of beginning (subject to road easement over the easterly 33 feet thereof). CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R107-00 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF B & L FINANCE AND DEVELOPMENT, INC. TO MINE SOIL PURSUANT TO ORDINANCE NO.8, SECTION 4.24 ON PROPERTY LOCATED AT 16449 NARCISSUS STREET NW LEGALLY DESCRIBED AS LOTS 11 & 11A, BLOCK 4, TIMBER MEADOWS 2ND ADDITION (PIN 08-32-24-44-0010 & 17-32-24-44-0010). WHEREAS, B & L Finance and Development, Inc. has requested a Special Use Permit to mine approximately 6,000 cubic yards of soil pursuant to Ordinance No.8, Section 4.24 on property located at 16449 Narcissus Street NW, legally described as Lots 11 & 11A, Block 4, TIMBER MEADOWS 2ND ADDITION; 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 4.24; 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, 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 ofthe 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: 1. That safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders and snowmobiler's, etc. 2. That the applicant provides the City with a security bond to hold harmless for restoration or other damages cause by mining and hauling of the site as determined by the City Engineer. 3. That appropriate traffic control be placed on site as deemed necessary by the City. 4. That the applicant only alters the topography to perform necessary mining operations. 5. That the roadway be watered to control dust. City Council Resolution Page Two Mining Pen11it - 16449 Narcissus St May 2, 2000 6. That the hauling of material be limited to Monday through Friday, 7:00 a.m. to 7:00 p.m., Saturday 8:00 a.m. to 2:00 p.m. 7. That the applicant restores the banks of the mined area after excavation with approved topsoil, seed, and/or vegetation or brush to control erosion. 8. That the applicant obtain all necessary pennits, including, but not limited to, the following organizations: Department of Natural Resources, Anoka County U.S. Anny Corps of Engineers, and Lower Rum River Watershed Management Organization. 9. That the pennit expires on December 31, 2000. 10. An erosion control plan must be devised and erected on-site before mining commences. 11. Upon 14 days from project completion, turf must be established via wood fiber blanket and disc anchored. 12. Maximum pond slopes are 4: 1. 13. Work must be limited to Lots 11 and llA only. 14. That the applicant provides proof of insurance for the mining work. 15. That the applicant prolongs the ditch connection until the pond excavation and grading is completed to minimize sediment runoff. 16. The City Engineer approves all erosion control and grading plans. Adopted by the City Council of the City of Andover on this 2nd day of May, 2000. CITY OF ANDOVER . {. )¡¡v ATTEST: ~ (),,¿¿ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 106-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time of the issuance of the bonds; and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified; NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopt a "declaration of official intent" pursuant to Section 1.103-18 of the Regulations. 1. Official Intent Declaration (a) The City proposes to undertake the following projects described on Exhibit A attached hereto. (b) Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103-18(1)(2) of the Regulations or (iii) expenditures constituting preliminary expenditures as defined in Section 1.103(1 )(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. (c) The City reasonably expects to reimburse the City expenditures made for costs of designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150-1(h) of the Regulations. (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18 of the Regulations. 2. Budaetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a long-term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution, therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. 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 Johnson and adopted by the City Council of the City of Andover on this 2nd day of Mav ,2000 . with Councilmembers_ Jacobson. Johnson, McKelvev, Orttel. KniQht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER fJ· t. m~ ~~ ATTEST: ;f E. McKelvey - Mayo ~()4 Victoria Volk - City Clerk EXHIBIT A Project Descriptions: Woodland Estates 2nd Addition, Project 99-35 Navajo Street NW, 173rd Avenue NW & 175th Avenue NW, Project 99-28 Sunridge, Project 99-36 Estimated Cost to be Reimbursed from Bond Proceeds: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 105-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 99-36 FOR SUNRIDGE. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 074-00, dated April 4 , 2000, bids were received, opened and tabulated according to law with results as follows: Volk Sewer & Water $190,422.31 Old is Gold Construction $192,161.60 Inland Utility $195,894.40 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 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 in the amount of $190,422.31 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 Johnson and adopted by the City Council at a reaular meeting this 2nd day of Mav ,2000 ,with Councilmembers Jacobson, Johnson. McKelvev, o rtte I , Kniaht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . f. Mv ~ .E. McKelvey - Mayor tLt;:- !/.~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 104-00 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. 00-22 FOR MISCELLANEOUS CONCRETE CURB & GUTTER. WHEREAS, the City Council is cognizant of the need for miscellaneous concrete curb and gutter; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Miscellaneous Concrete Curb & Gutter, Project 00-22; and BE IT FURTHER RESOLVED by the City Council to hereby direct the-ºi1'L Enaineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Johnson and adopted by the City Council at a reaular meeting this 2nd day of Mav , 2000 , with Councilmembers Jacobson, Johnson, McKelvev, Orttel, Kniaht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ·f Þk~ .E. McKelvey - Mayor IL.j;;~ C/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 104A-00 MOTION by Council member Jacobson to adopt the following: A RESOLUTION EXTENDING THE BID AWARD PERIOD FOR 98-29, GREY - OAKS (PHASE I) FOR SANITARY SEWER. WATERMAIN. STREETS AND STORM SEWER. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 188-99 , dated Auqust 17 ,1999, 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 extend the bid award period to Mav 31 , 2000. MOTION seconded by Council member Johnson and adopted by the City Council at a reQular meeting this 2nd day of Mav ,2000 ,with Council members Jacobson. Johnson, McKelvev, Orttel. Kniaht voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: o t Me J:.~ f1.E. McKelvey - Mayor ¡-I i;w tJ£ J.¡.¡ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 103-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 99-35 FOR WOODLAND ESTATES 2ND ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 061-00, dated March 21 , 2000, bids were received, opened and tabulated according to law with results as follows: C.W. Houle $718,682.45 Ryan Contracting $784,998.90 Don Zappa & Sons Excavating $819,216.90 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate C.W. Houle as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with CW. Houle in the amount of $718,682.45 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 Johnson and adopted by the City Council at a reauJar meeting this 2nd day of May ,2000 ,with Councilmembers Jacobson, Johnson, McKelvey, Ortlel, Kniaht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~.t »J~~~ .E. McKelvey - Mayo U~ ¡)Jb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 102-00 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 99-28 FOR NAVAJO STREET NW, 173RD AVENUE NW & 175TH AVENUE NW. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 060-00 ,dated March 6, 2000, bids were received, opened and tabulated according to law with results as follows: Bauerly Companies $111,247.75 North Valley $129,920.90 Hardrives $139,782.93 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bauerlv Companies as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Bauerlv Companies in the amount of $111 ,247.75 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Johnson and adopted by the City Council at a reQular meeting this 2nd day of Mav ,2000, with Council members Jacobson, Johnson, McKelvev, Orttel. KniQht voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ¿ 1. M" ~~ )'. 1/£ .E. McKelvey - Mayor 1.,,*;__ fA Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 101-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING OF QUOTES FOR PROJECT NO. 00-14 ,FOR 142XX ROUND LAKE BOULEVARD NW . WHEREAS, pursuant to Resolution No. 091-00 , adopted by the City Council on the 18th day of April , 2000, City Enaineer has prepared final plans and specifications for Project 00-14 for 142XX Round Lake Boulevard NW . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 2nd day of May ,2000. 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 Johnson and adopted by the City Council at a regular meeting this 2nd day of May , 2000 , with Councilmembers Jacobson, Johnson, McKelvey, Orttel. Kniaht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Æ' q, JYJc-'iÞ .E. McKelvey - Mayor !Lj;,~ a,¡v Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 100-00 A RESOLUTION GRANTING THE V ARlANCE REQUEST OF GOR-EM, LLC TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A THIRTY-FIVE (35) FOOT FRONT YARD SETBACK AND TO ALLOW FOR AN EXISTING SINGLE FAMILY HOME TO ENCROACH TWENTY-ONE (21) FEET INTO THE THIRTY-FIVE (35) FOOT FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 15405 NIGHTINGALE STREET NW, LEGALLY DESCRIBED AS LOT 10, BLOCK 2, FOX HOLLOW. WHEREAS, Gor-Em, LLC has requested a variance to Ordinance No.8, Section 6.02 which requires a thirty-five (35) foot tront yard setback and to allow for an existing single family home that wil1 encroach twenty-one (21) feet into the thirty- five (35) foot tront yard setback on the property described above. NOW, THERFORE, BE IT RESOLVED that the City Council has determined that the variance requested by Gar-Em, LLC meets the criteria of Ordinance No.8, Section 5.04 and hereby grants approval of said variance on the property located at 15405 Nightingale Street NW, legally described as Lot 10, Block 2, Fox Hollow. Adopted by the City Council of the City of Andover on this 2nd day ofMav, 2000. ATTEST: CITY OF ANDOVER rL£~ ¡j,.¿& i! r. m,; ¡:b Victoria Vo1k, City Clerk ft. E. McKelvey, May CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 099-00 A RESOLUTION GRANTING THE VARIANCE REQUEST OF WOODLAND DEVELOPMENT CORPORATION TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A THIRTY-FIVE (35) FOOT FRONT YARD SETBACK AND TO ALLOW FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME THAT WILL ENCROACH FIVE (5) FEET INTO THE THRITY-FIVE (35) FOOT FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 13913 OLIVE STREET NW, LEGALLY DESCRIBED AS LOT 4, BLOCK 2, CHERR YWOOD ESTATES. WHEREAS, Woodland Development Corporation has requested a variance to Ordinance No.8, Section 6.02 which requires a thirty-five (35) foot front yard setback and to allow for the placement and construction of a single family home that will encroach five (5) feet into the thirty-five (35) foot front yard setback on the property described above. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance 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 hereby approves the variance requested by Woodland Development Corporation on the property located at 13913 Olive Street NW, legally described as Lot 4, Block 2, Cherrywood Estates. Adopted by the City Council of the City of Andover this 2nd day of Mav, 2000. ATTEST: CITY OF ANDOVER dd-wt/rIb . f. }J;... tt Victoria Volk, City Clerk . E. McKelvey, May CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R098-00 A RESOLUTION APPROVING THE REQUEST OF STAN ROSHAU TO VARY FROM ORDINANCE 10, SECTION 10, SECTON 9.06A3 ON PROPERTY LOCATED AT 28XX 168TH LANE NW (PIN 09-32-24-31-0011) WHEREAS, Stan Roshau is the owner of property located at 28xx 168th Lane NW, legally described as follows: The East 366.67 feet of the West 2250.2 feet of the South 297 feet of the North 660 feet ofthe Southeast Quarter of Section 9, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, Stan Roshau has requested the following variances to Ordinance la, Section 9.06A3: I) Vary approximately 7,842.58 s.f. (34.9%) from the minimum requirement of22,500 s.f. of contiguous buildable ¡and for a home site. 2) Vary !Tom the ISO' x ISO' dimension requirement for a bnilding pad, as depicted on the attached plans WHEREAS, the Planning and Zoning Commission has reviewed said requests and has determined that the existence of the lot before stringent wetland regulations, and small percentage of variance as practical difficulties not created by the property owner meeting the variance provisions of Ordinance No. 10, Section 17. WHEREAS, the Planning and Zoning Commission finds the approval 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 said variance request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the variance. Adopted by the City Council of the City of Andover on this 2nd day of May, 2000. CITY OF ANDOVER AITEST: /L~ t/ø-tú Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOULTION NO. 097-00 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR THE RELOCATION OF A SINGLE F AMIL Y HOME ONTO 177XX WARD LAKE DRIVE NW (LEGALL Y DESDCRIBED AS THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MN [PIN 02-32-24-13-0001]) BY DOUG AND JOANN LA WRENCE . WHEREAS, Doug and JoAnn Lawrence have petitioned for a special use pem1it to relocate a single family home from 2501 NW Main Street in Coon Rapids onto the property described above located at 177XX Ward Lake Drive NW. WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinances No. 200 and 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 Special Use Pennit 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: I) That the Special Use Pennit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03(d). 2) That the relocated structure complies with all applicable ordinances, building codes and fire codes. 3) That the relocated structure be placed on a pennanent foundation within thirty (30) days of the issuance of a building permit. Page Two Resolution Lawrence 4) That a minimum four hundred and forty (440) square foot attached garage be constructed within one hundred and eighty (180) days :trom the date the Special Use Pennit is approved. 5) That a primary and secondary septic area be identified and duly protected as per Ordinance No. 10, Section 9.07. Adopted by the City Council of the City of Andover on this 2nd day of Mav. 2000. ATTEST: CITY OF ANDOVER d;t:-~ tf¿,¿ . [. )Jfv~ Victoria Volk, City Clerk .E. McKelvey, Mayor CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA· RESOLUTION NO. 096-00 A RESOLUTION GRANTING THE V ARlANCE REQUEST OF SEMLER CONSTRUCTION INC. TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A FIFTY (50) FOOT REAR YARD SETBACK FROM THE REAR PROPERTY LINE AND ALLOW FOR THE CONTSRUCTION OF A SINGLE F AMIL Y HOME TO ENCROACH THIRTY FOUR AND ONE-HALF (34.5) FEET INTO THE REARY ARD SETBACK FROM REAR LOT LINE ON THE PROPERTY LOCATED AT 143XX BUTTERNUT STREET NW, LEGALL Y DESCRIBED AS FOLLOWS: The West Half of the East Half of the East Half of the Southeast Quarter, Section 25, Township 32, Range 24, Anoka County, Minnesota, lying north of the following described line: Beginning at a point on the east line of said West Half of the East Half of the East Half ofthe Southeast Quarter distant 1257.33 feet south along said east line from the northeast corner of said West Half of the East Half of the East Half of the Southeast Quarter to a point on the west line of said West Half of the East Half of the East Half of the Southeast Quarter distant 1357.17 feet north along said west line from the southwest corner of said West Half of the East Half of the East Half of the Southeast Quarter and said line there terminating. Except the North 673.01 feet thereof. Also known as part of Lot 8, Auditor's Subdivision No. 14l. WHEREAS, Semler Construction Inc. has requested a variance to Ordinance No. 8, Section 6.02 which requires a fifty (50) foot setback from the rear lot line and to allow for the construction and placement of a single family home to encroach 34.5 feet into the rearyard setback from the rear lot line on the property located at 143XX Butternut St. NW, legally described above. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance 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 hereby approves the variance requested by Semler Construction Inc. to Page Two Resolution Semler Construction Inc. Ordinance No.8, Section 6.02 which requires a fifty (50) foot setback from the rear lot line and to allow the construction and placement of a single family home to encroach 34.5 feet into the rearyard setback from the rear lot line on the property located at l43XX Butternut Street NW, legally described above with the following conditions: 1. If the property is subdivided or platted the single family home shall meet the minimum setback requirements as stated in the Zoning Ordinance. Adopted by the City Council of the City of Andover on this 18th day of April, 2000. ATTEST: CITY OF ANDOVER ILL ¡),.¡þ . (. JJ!i/ Victoria V olk, City Clerk . E. McKelvey, Ma r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R095-00 A IŒSOLV'fION APPROVING TilE VARiANCE REQVEST STEVEN OIH'TEL TO VARY FROM THE FRONT YARD SETBACK FROM A MAJOR ARTERIAL PROVISION OF ORDINANCE 8, SECTION 6.02 ON PROPERTY LOCATED AT 262 ¡ JH!NIŒR LAKE RL V1) NW, LEGALLY (PIN 33-32-24- 13-(043). WHEREAS, Steven Orttel has petitioned to vary +/- 14 feet from the 50-foot front yard setback from a major arterial provision of Ordinance 8, Section 6.02 for property located at 2621 Bunker Lake Blvd. NW (PIN 33-32-24- 13-0043) legally described as follows: The South 205 feet of that part oft the South Half ofthe Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, MiImesota described as foJlows: beginning at a point on the South Hne of said South Half 1426 feet West from the Southeast corner of said South Half; thence West along said South line 110 feet; thence North at right angles 227.64 feet; thence Northeasterly to point on a Hne drawn at right angles to said South line from the point of beginning, said point being 291.15 feet north of the point of beginnìng; thence South along said line drawn at right angles 192.15 feet to the point ofbeginnìng; except roads; subject to easements of record. WHEREAS, the City Councìl finds acquisition of right-of-way for the Bunker Lake Boulevard reconstruction project by Anoka County, compounded with the additional expense of reconstructing the home at the minimum setback estabHshes a practical difficulty, not created by the property owner and grounds for granting a variance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request Adopted by the City Council of the City of Andover on this 18th day of April 2000. CITY OF ANDOVER ·fh~ ATTEST: .E. McKelvey, Mayor 7 ~d~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R094-00 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF ED FIELDS AND SONS TO VACATE PORTIONS OF A ROAD AND UTILITY EASEMENT ALSO KNOWN AS "SWALLOW STREET NW" AND "UPLANDER STREET NW" IN THE SOUTHWEST QUARTER OF SECTION 15 AS PART OF THE PRELIMINARY PLAT OF NORTH V ALLEY RIDGE. WHEREAS, Ed Fields and Sons has requested to vacate the following road and utility easements in the Southwest Quarter of Section 15 as part of the Preliminary Plat of North Valley Ridge: Swallow Street NW The West 66 feet of the North 699.51 feet of the East 354.76 feet as measured along the East and North lines respectively, of the Southwest Quarter ofthe Southwest Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota. And that part of said Southwest Quarter of the Southwest Quarter that lies within the arc of a circle radius of 66 feet, the vertex point of which is at the intersection of a line parallel with and distant 458.44 feet South of the North line of said Southwest Quarter of Southwest Quarter, as measured along the East line thereof, and a line parallel with and distant 288.76 feet West of the East line of said Southwest Quarter of Southwest Quarter, as measured along the north line thereof. Uplander Street NW The south 100 feet of the west 17 feet ofthe east 289.99 feet of the West Half of the Northwest Quarter of the Southwest Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured parallel with the east and north lines thereof, and the south 100 feet of the west 17 feet of the east 372.99 feet of said West Halfofthe Northwest Quarter of the Southwest Quarter as measured parallel with the east and north lines thereof. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a puhlic hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following conditions: r. Puhlic dedication of right of way with the recording of the Final Plat of North Valley Ridge to eliminate the need for said vacated road and utility easements as determined by the City Engineer. II. That the request is subject to a sunset clause. If the City Council determines that no significant progress has been made within the first twelve months rrom the approval date the resolution shall be null and void. Adopted by the City Council of the City of Andover on this 18th day of April 2000. CITY OF ANDOVER AITEST ~ (/r/b Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 093-00 MOTION by Councilmember Jacobson to adopt the fol/owing: A RESOLUTION ORDERING THE IMPROVEMENT AND APPROVING FINAL PLANS AND SPECIFICA/TONS FOR PROJECT NO. 98-11, JAY STREET NW. WHEREAS, Resolution No. OlOA-OO of the City Council adopted on the 21st day of March ,2000, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 18th day of April . 2000 ; and WHEREAS, aI/ 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 and approving final plans and specifications for Project No. 98-11 MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 18th day of April ,2000 ,with Councilmembers Johnson, Knight. McKelvev, Jacobson, Ortiel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ri. £K!::;};£h ~ tlrf¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 092-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 99-18 FOR SHADOWBROOK 6TH ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 047-00, dated March 6 , 2000, bids were received, opened and tabulated according to law with results as follows: Ryan Contracting, Inc. $288,116.90 Volk Sewer & Water, Inc. $291,283.44 Burschville Const., Inc. $300,687.69 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Ryan ContractinQ, 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 Ryan Contractina, Inc. in the amount of $288,116.90 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember KniQht and adopted by the City Council at a reQular meeting this 18th day of April ,2000 ,with Councilmembers Johnson, Kniaht. McKelvey, Jacobson, Ortlel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. t J7lr.- ~J~-:¡ ¿:rE. McKelvey - Mayor, ¡L::t;, ~ _ dß Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-14 FOR SANITARY SEWER & WATERMAIN IN THE FOLLOWING AREA 142XX ROUND LAKE BOULEVARD NW. WHEREAS, the City Council did on the ...Æ!L day of April ,2000, 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 April ,2000 ; 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 $ 10,549.60 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 $ 10,549.60 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a í year period. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 18th day of April ,2000, with Councilmembers Johnson, Kniaht. McKelvey, Jacobson, Ortlel (absent) voting in favor of the resolution, and Councilmembers none - yoting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ç t JlJv~~ ?á.E. McKelvey - Mayor d:~ ()~.£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 090-00 A RESOLUTION APPROVING THE VARIANCE REQUEST OF ROBERT AND ROSEMARY DONLIN TO VARY FROM THE REAR YARD SETBACK PROVISION OF ORDINANCE 8, SECTION 6.02 ON PROPERTY LOCATED AT 4472 149TIl AVENUE NW, LEGALLY DESCRIBED AS LOT 2, BLOCK 3, IVYWOOD ESTATES (PIN 19-32-24-34-0015). WHEREAS, Robert and Rosemarie Donlin have petitioned for the following variances to the 50 foot rear yard setback provision of the R-2, Single Family Estate Zoning District pursuant to Ordinance 8, Section 6.02 on property located at 4472 149th Avenue NW, legally described as Lot 2, Block 3, NYWOOD ESTATES: I) Vary +/ - 13 feet for an existing deck. 2) Vary 2.35 feet for a proposed porch. WHEREAS, the Planning and Zoning Commission finds apparent city pennission to construct the existing deck and the approval oflot depth variances on the preliminary plat ofIvywood Estates as practical difficulties and unnecessary hardships not created by the property owner and grounds for a variance; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the requested variances. 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 proposed variance requests Adopted by the City Council of the City of Andover on this 18th day of April. 2000. CITY OF ANDOVER ATTEST: ~ t/v-tb Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 089-00 A RESOLUTION GRANTING THE VARIANCE REQUEST OF MARK. MENTH TO ORDINANCE NO.8, SECTIONS 4.03 AND 8.23 TO ALLOW FOR THE CONSTRUCTION OF AN ATTACHED GARAGE WITH A ROOF PITCH LESS THAN 4/12 ON THE PROPERTY LOCATED AT 14122 PRAIRIE ROAD NW, LEGALL Y DESCRIBED AS FOLLOWS: That part of the south 340 feet of the SW Y. of Section 25, Township 32, Range 24, Anoka County, Minnesota, lying east of the west 855.56 feet, thereof, any lying westerly of the centerline of Prairie Road, excluding roads, subject to easements of record. WHEREAS, Mark Menth has requested a variance to Ordinance No.8, Sections 4.03 and 8.23 to allow for the construction of an attached garage with a roof pitch less than 4/12 on the property located at 14122 Prairie Road NW, legally described above. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance 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 hereby approves the variance requested by Mark Menth to Ordinance No.8, Sections 4.03 and 8.23 to allow for the construction of an attached garage with a roof pitch less than 4/12 on the property located at 14122 Prairie Road NW, legally described above. Adopted by the City Council of the City of Andover on this 18th day of April, 2000. ATTEST: CITY OF ANDOVER Lt~ (),,/b f). { )JJ~ J(~ Victoria V olk, City Clerk tiE. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 088-00 A RESOLUTION GRANTING THE VARIANCE REQUEST OF CURT HOLTE TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A TEN (10) FOOT SIDEY ARD SETBACK FROM THE INTERIOR LOT LINE AND TO ALLOW FOR THE PLACEMENT OF A DECK ENCROACHING THREE (3) FEET INTO THE SIDEY ARD SETBACK FROM THE INTERIOR LOT LINE ON THE PROPERTY LOCATED AT 3547 133RD LANE NW, LEGALLY DESCRIBED AS LOT 23, BLOCK 3, WOODLAND TERRACE FOURTH ADDITION. WHEREAS, Curt Holte has requested a variance to Ordinance No.8, Section 6.02 which requires a ten (10) foot sideyard setback from the interior lot line and to allow for the placement of a deck encroaching three (3) feet into the sideyard setback from the interior lot line on the property located at 3547 133rd Lane NW, legally described as Lot 23, Block 3, Woodland Terrace Fourth Addition. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance 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 hereby approves the variance requested by Curt Holte to Ordinance No. 8, Section 6.02 which requires a ten (10) foot sideyard setback from the interior lot line and to allow the placement of a deck encroaching three (3) feet into the sideyard setback from the interior lot line on the property located at 3547 133rd Lane NW, legally described above. Adopted by the City Council of the City of Andover on this 18th day of April, 2000. ATTEST: CITY OF ANDOVER ~ ¡lib ·t Øv~ Victoria V olk, City Clerk . E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 087.00 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF ALAN NORTON PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM LOT REQUIREMENTS ON LOT 1, BLOCK 3, V ALLEY VIEW ESTATES 2ND ADDITION (PIN 08-32-24-22-0031). WHEREAS, Alan Norton has requested to split the northern 110 feet pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 6.02, Minimum Lot Size Requirements for property located at 17138 Aztec Street NW legally described as Lot 1, Block 3, VALLEY VIEW ESTATES 2ND ADDITION; and . WHEREAS, the Planning and Zoning Conunission has reviewed the request and has detennined that said request meets the criteria of Ordinance No. 40; and WHEREAS, the Planning and Zoning Commission have determined that the temporary nature of the variance and undue hardship created by replatting to rearrange property lines meets the hardship requirements of Ordinance 8, Section 5.04; 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 splitlvariance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot splitlvariance on said property with the following conditions: I) That a covenant be filed to join that part ofLot I, Block 3, VALLEY VIEW ESTATES 2ND ADDITION lying south of the north 110.00 feet with Lot 2, Block 3, V ALLEY VIEW ESTATES 2ND ADDITION so that it cannot be sold separately. 2) That a covenant be filed to join the north llO feet of Lot I, Block 3, VALLEY VIEW ESTATES 2ND ADDITION with Lot 8, Block 2, V ALLEY VIEW ESTATES so that it cannot be sold separately. 3) That the lot split be subject to a sunset clause as defmed in Ordinance No. 40, Section III(E) . Adopted by the City Council of the City of Andover on this 18th day of April 2000. CITY OF ANDOVER ATTEST: ~ tf~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 086-00 MOTION by Council member Jacobson to adopt the following: A RESOLUTION RECOMMENDING TO THE NOMINATING COMMITTEE OF THE AMM BOARD THE NAME OF COUNCIL MEMBER MIKE KNIGHT TO SERVE ON THE AMM BOARD. WHEREAS, Mike Knight is a highly respected member of the Andover City Council; and WHEREAS, the City of Andover is a rapidly growing metropolitan city and a recent member of the AMM; and WHEREAS, Councilmember Mike Knight has expressed his desire to serve on the AMM board; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Andover that Andover Councilmember Mike Knight, be nominated and recommended to serve on the board of the Association of Metropolitan Municipalities. MOTION seconded by Councilmember Johnson and adopted by the City Council of the City of Andover on this fourth day of April, 2000, by unanimous vote, whereupon said resolution was passed.. City of Andover ~. ct. }¡)?J(~ .E. McKelvey - Mayor ATTEST: 1J;~tJ..$ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 085-00 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: · Bunker Lake Boulevard Service Road between Rose Street NW & Crooked Lake Boulevard NW (Control Section #119) · Andover Boulevard Extension between Round Lake Boulevard (CSAH 9) and Crosstown Boulevard NW (County Road 18) · Crosstown Boulevard NW (County Road 18) between Andover Boulevard NW (Control Section #108) & Hanson Boulevard NW (CSAH 78) · 1591h Avenue NW between 71h Avenue NW (CSAH 7) & Ventre Street NWNentre Street NW between 1591h Avenue NW and 1651h Avenue NW/1651h Avenue NW between Ventre Street NW & CSAH 7 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 AiL day of April ,2000 . CITY OF ANDOVER t ìlÎe- ATTEST: ,( -;:' ()~ (L.,f;';'./ Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on April 4, 2000. (L7;~A.J [/ JJ___ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R084-00 MOTION by Council member Jacobson and seconded by Councilmember Kniqht to adopt the following: A RESOLUTION DENYING THE FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT OF GREY OAKS, AS BEING DEVELOPED BY GREY OAKS, INC., IN SECTION 22-32-24. WHEREAS, the City Council approved the preliminary plat of the Planned Unit DeveloDment of Grev Oaks on March 2, 1999 with conditions; and WHEREAS, the Developer has filed the final plat of the Planned Unit Development of Grev Oaks; and WHEREAS, City Staff has reviewed said final plat for conformance with the preliminary plat, including the conditions thereof and finds the final plat is inconsistent with the approved preliminary plat and the conditions thereof; and WHEREAS, the City Council on March 21, 2000 made the motion to deny the final plat with findings and directed Staff to prepare a resolution for formal action by the Council at the next meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby deny the final plat of Grey Oaks Planned Unit Development for the following reasons: 1. Condition NO.5 of Resolution No. 055-99, approving the Special Use Permit for the Planned Unit Deveiopment has not been met. 2. Conditions No. 4-6 and 9 of Resolution No. 056-99, approving the Preliminary Plat of the Planned Unit Development of Grey Oaks have not been met. 3. The current preliminary plat submitted by the developer has been revised four times since the City Council approved the preliminary plat with conditions on March 2, 1999. These revisions shall require reapproval by the Council prior to final plat approval. 4. Ordinance No. 112, Section 4, requires the by-laws and rules of the association and all covenants and restrictions to be recorded to be approved by the City Council prior to the approval of the final PUD plan or plat. These documents are found to be incomplete and noncompliant with condition NO.5 of Resolution No. 055-99, approving the Special Use Permit for the Planned Unit Development, therefore, until such time as the Council finds them to be complete and approves said documents, the final plat cannot be approved. Adopted by the City Council of the City of Andover this 4th day of April 2000. CITY OF ANDOVER ATTEST: cA' t J;¡~~~ .E. McKelvey - Mayor ~{/4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 083-00 A RESOLUTION DECLARING A SEGMENT OF ANDOVER BOULEVARD NW WITHIN THE CITY OF ANDOVER, MINNESOTA TO BE AN URBAN DISTRICT AND ESTABLISHING A 30 MPH SPEED LIMIT THEREON BETWEEN CROSSTOWN BOULEVARD NW AND HANSON BOULEVARD NW. WHEREAS, the City Council is the governing body of the City of Andover, Minnesota; and WHEREAS, Minnesota Statute 169.14 subd. 5b provides that the governing body of a city may by resolution declare any segment of a city street of at least one quarter mile in distance on which a speed limit in excess of 30 MPH has been established pursuant to an engineering and traffic study conducted by the Commissioner of Transportation an "urban district" as defined by Minnesota Statute 169.01, subd. 59; and WHEREAS, Minnesota Statute 169.14, subd. 5b also provides that the governing body may establish on such segment of City street the speed limit for urban districts as prescribed in Minnesota Statutes 169.14, subd. 2; and WHEREAS, Andover Boulevard NW between Crosstown Boulevard NWand Hanson Boulevard NW in the City of Andover was previously under the jurisdiction of Anoka County as County Road; and WHEREAS, Andover Boulevard NW between Crosstown Boulevard NWand Hanson Boulevard NW is designated as a municipal state aid street; and WHEREAS, Andover Engineering Department has determined that the segment of Andover Boulevard NW between Crosstown Boulevard NW and Hanson Boulevard NW meets the definition "urban district" as defined in Minnesota Statute 169.01, subd. 59 in that such segment is in excess of one quarter mile in distance and the area contiguous thereto is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet; and WHEREAS, the City Council finds that in the interest of public safety such segment of Andover Boulevard NW should be declared an "urban district" and that a speed limit of 30 MPH should be established. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the segment of Andover Boulevard NW in the City of Andover be declared an "urban district" as defined by Minnesota Statute 169.01, subd. 59. BE IT FURTHER RESOLVED that a speed limit of 30 MPH as prescribed for urban districts in Minnesota Statue 169.14, subd. 2 be established for such segment of Andover Boulevard NW. BE IT FURTHER RESOLVED that the City Engineer be authorized and directed to erect appropriate signs evidencing the intent of this resolution. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Commissioner of Transportation at least ten days prior to the erection of such signs. Adopted by the City Council of Andover, Minnesota this ~ day of April ,2000. CITY OF ANDOVER ATTEST: ¡/¿ - tL:Z~J/ d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 082-00 MOTION by Councilmember Kniaht 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. Budaetary 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 Johnson and adopted by the City Council of the City of Andover on this 4th day of April ,2000 , with Councilmembers_ Knight. Johnson, McKelvev, Jacobson, Orttel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER , {. #J0¡¿ ATTEST: d:t--~ t/~ Victoria Volk - City Clerk EXHIBIT A Project Descriptions: Jay Street NW Landscaping, Project 98-11A Andover Station-Martin Street, Project 99-17 Shadowbrook 6th Addition, Project 99-18 Estimated Cost to be Reimbursed from Bond Proceeds: - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R08l-00 A RESOLUTION GRANTING THE LOT SPLIT REQUEST AND ACKNOWLEDGING A POTENTIAL VARIANCE TO ORDINANCE 8, SECTION 6.02 FOR LORRAINE TRESSEL ON PROPERTY LOCATED AT 14267 ROUND LAKE BLVD NW (PIN 29-32-24-43-0002). WHEREAS, Lorraine Tressel has requested to split the western +/- 80 feet (approximately 13,200 square feet) from a 31,390 square foot parcel pursuant to ordinance No. 40 located at 14267 Round Lake Blvd. NW, legally described as follows: That part of the Southwest Y. of the Southeast Y. of Section 29, Township 32, Range 24, Anoka County, Minnesota described as follows: Begirming at the intersection of the centerline of CSAH No. 9 (AKA Round Lake Blvd NW) and the north line of said quarter quarter; thence south along said centerline 165 feet; thence east paraHel with said north line 264 feet; thence north paraUei with said centerline to said north line; thence west along said north line to the point of beginning; except 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.8 and 40; and WHEREAS, the Planning and Zoning Commission fmds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission acknowledges the potential need for a variance to the 40 foot front yard setback :trom arterial roadway provision of Ordinance 8, Section 6.02 for the existing house; and WHEREAS, the Planning and Zoning Commission recommends to the City COtll1cil approval of the lot split and potential variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 2) City acceptance of a survey meeting minimum setback requirements of Ordinance 8, Section 6.02 for the proposed lot split. 3) Park dedication being paid in accordance with Ordinance No. 10, Section 9.07. 4) In the event a variance is needed to the front yard setback provision of Ordinance 8, Section 6.02 for the existing house, the Planning and Zoning Commission recommends approval and waives variance review. Adopted by the City Council of the City of Andover on this 4th day of April 2000. CITY OF ANDOVER . ~ þJc.-~ ATTEST: .E. McKelvey, Mayo ~{!~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF AOKA STATE OF MINNESOTA RES. NO. R080-00 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN FOR THE CITY OF ANDOVER RELATED TO THE INDEPENDENT SCHOOL DISTRICT NO. 11 (ANOKA-HENNEPIN) HIGH SCHOOL PROPOSAL WHEREAS, The City of Andover has petitioned the following changes be made to the Comprehensive Plan related to the Independent School District No. 11 (Anoka-Hennepin) High School proposal: 1) Change the land use district designation from A, Agriculture Preserve to RU, Residential Urban Single Famiiy on approximateiy 71.5 acres owned by Donaid Eveland legally described on Exhibit "A" (PIN 21-32-24-21-0001; -22-00(1). 2) Amend the Metropolitan Urban Service Area (MUSA) boundary to incorporate approximately 136.5 acres owned by Donaid Eveland and Richard Erickson legally described on Exhibit "B" (PIN 27-32-24-21-0001,0002; -22-0001; -23-0003; -24-00(2). 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 reco=ends 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 reco=endation of the Planning and Zoning Commission and approves said amendment to the Comprehensive Plan. Adopted by the City Council of the City of Andover on this 4th day of April 2000. CITY OF ANDOVER ATTEST: ~ ¡)"./Þ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 079 -00 MOTION by Councilmember Knight and seconded by Councilmember Johnson to adopt the following: A RESOLUTION APPROVING THE AMENDED FINAL PLAT OF THE DEVELOPMENT OF WOODLAND EST A TES SECOND ADDITION AS BEING DEVELOPED BY WOODLAND ............._............................,......mm............._..................m..................................................................~................., ..................................................... D~:v~!.,,ºPM~NIG_ºRF'.ºRl\I!ºN, IN SECTIONS 21 8. 22-32-24, Anoka County, Minnesota. WHEREAS, the City Council approved the revised preliminary plat of the development oC Woodland Estates Second Addition ; and WHEREAS, the Developer has presented the amended final plat of Woodland Estates Second Addition; and WHEREAS, the City Engineer has reviewed such plat for conformance with the revised preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the amended final plat of Woodland Estates Second Addition contingent upon the following: 1. All conditions of Resolution No. R003-00 (approving the final plat) adopted by the City Council on January 4, 2000 shall be met. Adopted by the City Council of the City of Andover this -ÆtL day of April , 2000. CITY OF ANDOVER ATTEST: & J.E. McKelvey - Mayor ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R078-00 A RESOLUTION APPROVING THE REVISED PRE.UMJNARY PLAT OF WººP.LA~1>. ~fìI.6TES f:ì~ÇºND APf.:'J:IlON BY Wººmd"NJ!m;Y:l!;J~ºI.'.lYI.¡;:NI,JNÇ, LOCATED IN SECTIONS 21 & 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, NUNNESOTA, LEGALLY DESCRII3E.D ON EXHIBIT A.. WHEREAS, the Andover Review Committee has reviewed the minor revisions to the preliminary plat; and WHEREAS, as the Andover Review Committee recommends to the City Council the approval of the revised preliminary plat citing the following: 1. All conditions of Resolution No. R248-99 (approving the preliminary plat) adopted by the City Council on December 7, 1999 shall be met. Adopted by the City Council of the City of Andover this 4th day of April , 20---º-º---. CITY OF ANDOVER ATTEST: ~ t/¿Þ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 077-00 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION RECEIVING BIDS FOR PROJECT NO. 99-18 FOR SHADOWBROOK 6TH ADDITION FOR SANITARY SEWER. WATERMAIN. STREETS AND STORM SEWER. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 047-00, dated March 6 . 2000, 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 Johnson and adopted by the City Council at a regular meeting this 4th day of April ,2000 ,with Councilmembers Kniaht. Johnson, McKelvev. Jacobson, Ortlel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: t. !K:~~~& tl:.t;~~ IJ';/L- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 076-00 MOTION by Council member Kniqht to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 99-17 FOR ANDOVER STATION/MARTIN STREET. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 230-99 ,dated November 9,1999, bids were received, opened and tabulated according to law with results as follows: BASE BID BASE BID WITH AL TERNA TE Don Zappa & Sons Excavating, Inc. $1,165,482.60 $1,271,882.60 Forest Lake Contracting, Inc. $1,170,716.17 $1,193,396.17 W.B. Miller, Inc. $1,190,593.15 $1,248,743.15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Don Zappa & Sons ExcavatinQ, 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 Don Zappa & Sons Excavatinq, Inc. in the amount of $1 ,165.482.60 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Johnson and adopted by the City Council at a reaular meeting this 4th day of April , 2000 , with Council members KniQht. Johnson, McKelvey, Jacobson. Orttel (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ·f ø~/(¡ Ii ../::: .oJ tJ~ .E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 075-00 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN , PROJECT NO. 00-14 , IN THE AREA OF 142XX ROUND LAKE BOULEVARD NW. WHEREAS, the City Council has received a petition, dated March 24, 2000 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to the Citv Enoineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Johnson and adopted by the City Council at a reoular meeting this 4th day of April , 2000, with Councilmembers Knioht. Johnson, McKelvev, Jacobson, Orttel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . t~¡¿ .E. McKelvey - Mayor tLr~ Ill¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 074-00 MOTION by Council member Knioht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99-36 ,FOR_ SUNRIDGE . WHEREAS, pursuant to Resolution No. 037-00, adopted by the City Council on the 15th day of Februarv ,2000, SEH has prepared final plans and specifications for Project 99-36 for Sunridoe. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of April ,2000. 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, April28 ,2000 at the Andover City Hall. MOTION seconded by Council member Johnson and adopted by the City Council at a reqular meeting this 4th day of April , 2000 , with - Council members Knioht. Johnson, McKelvev, Jacobson, Orttel (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ·f Nvh .E. McKelvey - Mayor lL ð~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 073-00 A RESOLUTION REVOKING MUNICIPAL STATE AID STREET. WHEREAS, it appears to the City Council of the City of Andover that the streets hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota Laws of 1967 Chapter 162; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover that the streets described as follows, to wit: Control Section #105, Segment 050 Control Section #110, Segment 010, 020, 030 Control Section #125, Segment 010,020 be and hereby are revoked as a Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration and upon his approval of the revocation of said streets or portions thereof. Adopted by the City Council of the City of Andover this 4th day of April ,2000. CITY OF ANDOVER f ATTEST: Cl ç:.. ì1! û )f;,~ ;.rE. McKelvey - Mayor . ·rJ;. . ()g {k ~?A.,..I'-' Victoria Volk - City Clerk Certification I hereby certify that the above is a true and correct copy of a resolution duly passed, adopted and approved by the City Council of said City on April 4, 2000. ¡fL' ¿~ JA" r!A,."J Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072-00 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 pennit fees and service charges are hereby established for the year 2000. Type of Permit Fee Certificate of Occupancy $ 4.00 Plan ChecklResidential 65% of permit fee Plan Check/Trees $60.00 Heating Installations $25.00 Air Conditioning Installations $15.00 Plumbing (Per Opening) $ 8.00 Minimum Fee $15.00 On-Site Septic System Installation $35.00 Sanitary Sewer Installation $40.00 Septic System Pumping $ 3.00 Water Installation (Public) $50.00 Agricultural Building $ 5.00 Footing to Grade $15.00 Health Authority Certification $ 5.00 Escrow Inspection Fee $25.00 Building Reinspection Fee $42.00 Grading Inspection Fee First Inspection No Charge Second Inspection No Charge Third Inspection $35.00 Fourth Inspection $75.00 Fifth & Above $100.00 each Gas Fireplace Permit $40.00 per unit The permit fee schedule for the Building Department for 2000 shall be as follows: I. State of Minnesota Building Valuation Data, cost per square foot, dated May 1998. 2. Fees for Commercial Buildings shall be computed on the contract bid price. Plan check fee shall be 65% ofthe permit fee. 3. Penuit fee shall be based on the 1994 Unifonu Building Code Schedule IA. The above fees apply to repairs and alterations requiring inspections as well as all new installations. Adopted by the City Council of the City of Andover this 4th day of April, 2000. CITY OF ANDOVER Attest: t mc,~ . E. McKelvey - Mayor tL~ a~ Victoria V oIk - City Clerk resolutions\fees2000 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R071-00 A RESOLUTION RESCINDING RESOLUTION R055-00 AND REAPPROVING THE PRELIMINARY PLAT OF NORTH V ALLEY RIDGE BY ED FIELDS AND SONS LOCATED IN SECTION 15, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council approvaiofthe plat subject to the conditions as listed below; WHEREAS, the City Council rescinds resolution R055-00 and reapproves the preliminary plat as originally presented by the developer on March 6, 2000 with the following conditions: 1. Variance from Ordinance la, Section 9.06A2 for the 150' x 150' building area requirement for Lot 2, Block 2. 2. The developer obtains all necessary pennits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 3. Park dedication as recommended by the Park and Recreation Commission and approved by the City Council as detennined by Ordinance No. 10, Section 9.07. 4. Existing easements for Uplander Street NW and Swallow Street NW be vacated prior to final plat approval. 5. Relocation of the accessory structure (garage) on Lot 1, Block 1 to comply with ail applicable ordinances and codes. Adopted by the City Council of the City of Andover this 21st day of March ,20-ºº-. CITY OF ANDOVER ATTEST: ¡) ;.-;t;~ ()d£ Victoria Volk. Citv Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 070A-00 MOTION by Council member Johnson to adopt the following: A RESOLUTION EXTENDING THE PUBLIC HEARING DATE ON IMPROVEMENTS OF STREETS. STORM SEWER. SANITARY SEWER AND WATERMAIN , PROJECT NO. 98-11, IN THE AREA ALONG JAY STREET NW . WHEREAS, pursuant to the City Council on March 6. 2000, a public hearing date was scheduled for April 4. 2000. NOW, THEREFORE, BE IT RESOLVED, such public hearing will be extended to be held on such proposed improvement on the 18th day of April , 2000 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Council member Knight and adopted by the City Council at a regular meeting this 21st day of March, 2000, with Council members Johnson. Knight. Orttel. McKelvey. Jacobson (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¡J. f );¡t-~~ 0.E. McKelvey - Mayor 11-£-,-, ¡Vh Victoria Volk - City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER,M~ESOTA HELD: MARCH 21,2000 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 City Hall in said City on the 21 st day of March, 2000 at 7 :00 o'clock p.m. for the purpose, in part, of authorizing the transfer of funds from Tax Increment Bonds, Series I 994B Debt Service Fund to the Debt Service Account of the General Obligation Tax Increment Bonds of 1999 Fund. The following members were present: Julie Johnson, Ken Orttel, Jack McKelvey, Mike Knight and the following were absent: Don Jacobson Councilmember Johnson introduced the following resolution and moved its adoption: RESOLUTION NO. R070-00 RESOLUTION AUTHORlZING THE TRANSFER OF FUNDS FROM TAX INCREMENT BONDS, SERlES 1994B DEBT SERVICE FUND TO THE DEBT SERVICE ACCOUNT OF THE GENERAL OBLIGATION TAX INCREMENT BONDS OF 1999 FUND WHEREAS: 1.01 The City established Development District NO.1 (the "Development District") and Tax Increment Financing District No. 1-2 (the "Tax Increment District") within the City of Andover. 1.02. The City has outstanding General Obligation Taxable Tax Increment Refunding Bonds, Series 1994B (the "Series 1994B Bonds") issued to finance project costs within the Development District. 1.02. In connection with the issuance of the Series 1994B Bonds the City established the Tax Increment Bonds, Series 1994B Debt Service Fund (the "Series 1994B Debt Service Fund"). 1.04. The City on May 18, 1999 approved by resolution (the "Prior Resolution") the issuance of$I,500,000 General Obligation Tax Increment Bonds of 1999 (the "1999 Bonds") in accordance with the tax increment financing plan for the Tax Increment District which financed additional project costs within the Development District and the 1999 Bonds are payable in part from tax increments derived from the Tax Increment District. 1.05. In connection with the issuance of the 1999 Bonds the City established a debt service account in the General Obligation Tax Increment Bonds of 1999 Fund (the "1999 Debt Service Account"). The Prior Resolution provides that there shall be deposited in the 1999 Debt Service Account available moneys of the City in an amouÌJ.t necessary to pay the principal and interest on the 1999 Bonds coming due on December 1, 1999 through December 1,2001. 1.06. The City has deposited in the Series 1994B Debt Service Fund tax increments form the Tax Increment District in excess of the annual principal and interest requirements of the Series I 994B Bonds. 1.07. The City intends to transfer $175,000 of available funds in the Series 1994B Debt Service Fund to the 1999 Debt Service Account for the payment of principal and interest on the 1999 Bonds. NOW, THEREFORE, be it resolved by the City of Andover that $175,000 of available funds held in the Series I 994B Debt Service Fund be transferred to the 1999 Debt Service Account. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Knight , and upon vote being taken thereon, the following voted in favor thereof: Julie Johnson, Mike Knight, Jack McKelvey, Ken Orttel, Jacobson (absent) and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. Dated: March 21, 2000. ¡j~ tf-a City Clerk STATE OF MINNESOTA ) ) ss, COUNTY OF ANOKA ) 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 a meeting of the City Council of said City held on the date therein indicated with the original minutes thereof on file in my office and that the same is a full, true and correct transcript thereof insofar as said minutes relate to Resolution No. R070-00 WITNESS my hand officially this 21st day of March, 2000. d~ .r ()v-tb ...J ~.. ¿ City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 069-00 MOTION by Council member Johnson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ 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. MOTION seconded by Council member KniQht and adopted by the City Council at a reqular meeting this 21st day of March ,2000, with Council members Johnson, KniQht. McKelvey, Ortlel. Jacobson (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST; ç. f þjv~~ ft.E. McKelvey - Mayor . d I. "'¿¿ ,EM....,) (j . _ Victoria Volk - City Clerk_ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 068-00 MOTION by Council member Johnson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 00-4 FOR 2000 SEAL COATING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 028-00 ,dated February 1, 2000, bids were received, opened and tabulated according to law with results as follows: Allied Blacktop Co. $239,578.65 Astech Asphalt Surface Tech. Corp. $244,195.45 Caldwell Asphalt Co., inc. $306,509.15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Allied Blacktop Co. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Allied Blacktop Co. in the amount of $239,578.65 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 21st day of March ,2000 ,with Council members Johnson, Kniqht. McKelvey, Ortlel, Jacobson (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j, (j. Þtc-I(~ tiE. McKelvey - Mayor {-~ d~ ä.: - ~> Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 067-00 MOTION by Council member Johnson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 00-3 FOR 2000 CRACK SEALING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 036-00 ,dated February 1, 2000, bids were received, opened and tabulated according to law with results as follows: M.J. Neisen Asphalt Inc. $69,300.00 Daffinson Asphalt Maintenance $71,820.00 Astech $73,290.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate M.J. Neisen Asphalt Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with M.J. Neisen Asphalt Inc. in the amount of $69,300.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 21st day of March , 2000 , with Council members Johnson, Kniqht. McKelvey, Orttel, Jacobson (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. ATTEST: (¿-,J;:,~ (j"¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 066-00 BE IT RESOLVED that Iºº.ºHªª~ act as legal sponsor for the project contained in the Outdoor Recreation Grant Program Application to be submitted on ._.. M.?!:chg1,:?9º9........ and that I9ºgHªª§ is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the Ç¡~y..-ºf..Anººy§r. BE IT FURTHER RESOLVED that the Citv of Andover has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Andover has not incurred any costs described on Item 4 and has not entered into any written agreements to purchase property described on Item 3. BE IT FURTHER RESOLVED that the City of Andover has not violated any Federal, State or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of intere4st or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Andover may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Andover certifies that it will comply with all applicable laws and regulations as stated in the grant agreement. NOW, THEREFORE BE IT RESOLVED that Todd Haas is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Andover on March 21 , 2000. SIGNED: WITNESSED: f). { l/kY~ ~ a,æ ¿{s1gnature) (Signature n/'.~ J-cy l-rnJ (Titl~ &L£ 3-;;J/-tJ() (Titl ) (Date) (Date) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 065-00 BE IT RESOLVED that Todd Haas act as legal sponsor for the project contained in the Outdoor Recreation Grant Program Application to be submitted on _ March 21 , 2000 and that Todd Haas is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the Citv of Andover. BE IT FURTHER RESOLVED that the Citv of Andover has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the Citv of Andover has not incurred any costs described on Item 4 and has not entered into any written agreements to purchase property described on Item 3. BE IT FURTHER RESOLVED that the Citv of Andover has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Andover may enter into an agreement with the State of Minnesota for the above-referenced project, and that the Citv of Andover certifies that it will comply with all applicable laws and regulations as stated in the grant agreement. NOW, THEREFORE BE IT RESOLVED that Todd Haas is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the Citv Council of the.9!Y.- of Andover on March 21 , 2000. SIGNED: WITNESSED: fl f!. Me Ii~ ILlp,·,..; tJffi ¿tsignature) (Signature Mayor 3/30/00 City Clerk 1/10/00 (Title) (Date) (Title) (Date) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 064-00 BE IT RESOLVED that Todd Haas act as legal sponsor for the project contained in the Outdoor Recreation Grant Program Application to be submitted on March 21 ,2000 and that Todd Haas is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of Andover. BE IT FURTHER RESOLVED that the City of Andover has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Andover has not incurred any costs described on Item 4 and has not entered into any written agreements to purchase property described on Item 3. BE IT FURTHER RESOLVED that the City of Andover has not violated any Federal, State or Local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Andover may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Andover certifies that it will comply with all applicable laws and regulations as stated in the grant agreement. NOW, THEREFORE BE IT RESOLVED that Todd Haas is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Andover on March 21 , 2000. SIGNED: WITNESSED: ~' t J¡t/~ -( (}~. t:",;t;;;v t.t-- Signature) (Signature Mayor 3/30/00 City Clerk 3/30/00 (Title) (Date) (Title) (Date) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 064A-00 MOTION by Council member Johnson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #..2 TO PROJECT NO. 99-21, SUNSHINE PARK SHELTER. WHEREAS, the City of Andover has a contract for Project No. 99-21 with_ Odland Construction, Inc. of Stillwater, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 99-21. MOTION seconded by Council member KniQht and adopted by the City Council at a reQular meeting this 21st day of March ,2000, with Council members Johnson, KniQht. McKelvey, Orttel, Jacobson (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: . f. Jt;vt:- .I d~~ . . ð ILJ;¿~ / Victoria Volk - City Clerk_ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 063 -00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION APPROViNG THE FINAL PLAT OF .$.HAººWß8ºº!S.$I.KItL ADDITION, AS BEING DEVELOPED BY BUNKER. LlC, IN SECTIONS 25 8. 36-32-24. WHEREAS, the City Council approved the preliminary plat of Shadowbrook Sixth Additon ; and WHEREAS, the Developer has presented the final plat of Shadowbrook Sixth Addition. 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 Shadowbrook Sixth 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 piat 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. 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. 8. Park dedication as recommended by the Park and Recreation Commission. 9. Variance to Ordinance No.1 0, Section 9.03(G) to allow the length of cul-de-sac streets of 141 st Avenue and Conttonwood Street/142nd Avenue NW to exceed the 500' maximum length requirment by 250' . Adopted by the City Council of the City of Andover this 21 st day of March ,2000. CITY OF ANDOVER ATTEST: Æ' t $c-~~ ~ffæ .E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062-00 A RESOLUTION DESIGNATING NO PARKING ON BOTH SIDES ON CERTAIN STREETS LOCATED IN WOODLAND ESTATES 2ND ADDITION DEVELOPMENT. WHEREAS, the City Council approved the bikeway route as part of the preliminary plat at their December 7, 1999 regular meeting. WHEREAS, the City Council believes restricting the parking will provide a safe route for bicycles which is recommended by AASHTO. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover that there be no parking located on both sides on the following streets: 1. Uplander Street NW between 150'h Avenue NWand 15151 Avenue NW. 2. 15151 Avenue NW between 160 feet west of Uplander Street NW and Thrush Street NW. 3. Thrush Street NW between 1515' Avenue NWand 1515' Lane NW. 4. 151 sl Lane NW between Uplander Street NWand Thrush Street NW. 5. Uplander Street NW between 15151 Lane WN and north property line of Woodland Estates 2nd Addition. Adopted by the City Council of the City of Andover this 21st day of March, 2000. CITY OF ANDOVER ATTEST: ~. { J1lc,~~ .E. McKelvey - Mayor I . I ()ü-t,,:..., av/L Victoria Volk - City Clerk_ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 061-00 MOTION by Council member Johnson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99-35 ,FOR_ WOODLAND ESTATES 2NO ADDITION . WHEREAS, pursuant to Resolution No. 036-00 , adopted by the City Council on the 15th day of February ,2000, MFRA has prepared final plans and specifications for Project 99-35 for Woodland Estates 2nd Addition. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 21st day of March ,2000. 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, April25 ,2000 at the Andover City Hall. MOTION seconded by Council member KniQht and adopted by the City Council at a reQular meeting this 21st day of March , 2000 , with Council members Johnson, KniQht, McKelvey, Orttel, Jacobson (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: -.' {. )l!c., . E. McKelvey - Mayor tlJ;;:;;J ¡j~1I Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 060-00 MOTION by Council member Kniqht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99-28 ,FOR _ STREET PAVING CONSTRUCTION IN THE AREA OF NAVAJO STREET NW. 173RD AVENUE NW & 17STH AVENUE NW. WHEREAS, pursuant to Resolution No. 198-99 , adopted by the City Council on the 21st day of September, 19~, the Citv En~¡ineer has prepared final plans and specifications for Project 99-28 for Navaio Street NW, 173rd Avenue NW & 17Sth Avenue NW WHEREAS, such final plans and specifications were presented to the City Council for their review on the ---ª!!L. day of March . 19-ª-ª--. 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 , April 11 ,2000 at the Andover City Hall. MOTION seconded by Council member Johnson and adopted by the City Council at a reqular meeting this 6th day of March , 2000 , with Council members Kniqht, Johnson, McKelvev. Orttel, Jacobson (present) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . r¡:. /Jl~ /(¿ .E. McKelvey - Mayor U ./,t¿. A/ Ü . Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 059-00 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATiON OF 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 ~;and WHEREAS, the City Council proposes to assess the benefiting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to SEH and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Council member KniQht and adopted by the City Council at a reQular meeting this 6th day of March , 2000, with Council members Jacobson, KniQht. McKelvey, Ortlel, Johnson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' t, ÌJ'k J~ .E. McKelvey - Mayor fli-~ d#Ÿ'./ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA . RES. NO. ROSS-DO A RESOLUTION ADOPTING THE HOUSING GOALS FOR THE CITY OF ANDOVER FOR THE PERIOD OF 2000-2010 AS NEGOTIATED WITH THE METROPOLITAN COUNCIL AS LISTED ON ATTACHMENT A. WHEREAS, the City of Andover hereby recognizes the attached negotiated goals as the housing goals of the City of Andover for the period of2000-201O; and WHEREAS, the City of Andover agrees to continue to negotiate with the Metropolitan Council the implementation and integration of these goals in the Andover Comprehensive Plan; and WHEREAS, the City of Andover recognizes the need to provide a variety of housing types for people in all stages of the life-cycle: and WHEREAS, the City of Andover agrees to make its best effort given market conditions and resources available to make progress towards these goals within the given time frame. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Andover hereby adopts the attached goals as the housing goals of the City of Andover for 2000- 2010. Adopted by the City Council of the City of Andover on this 6th day of March, 2000. CITY OF ANDOVER ~ ~. 1. )7k~~ . J.E. McKelvey, Mayor - Richar Fursman, Deputy City Clerk ATTACHMENT A GOALS , , CITY INDEX II BENCHMARK II GOAL I Affordability .'. . Ownersrnp 72% 69-87% 40% Rental 26% 35-50% 35% Life-Cycle Type (Non-single family 4% 33-35% 15% detached) Owner/renter Mix 95/5% (75) / (25)% 90/10% :~B~i~\~~~(!1:~~f~}Jt1rti:i~:;¡~~~:~:~¡:~~r~~re:1.iî~~~~it:~t?~~;;.;::;~~:j¿~:~~:;~~~~~~}~~~~i~[*t~f~~:~rtf~~f~f;~~~~~~~~:~i1@1¡~ ~,;,;.' ':t;!~~!¡;j¡;fIJ.@l~ì\~lf~ Single-Family Detached !.O/acre !.9-2.3/acre 2.3 Net Acr s Multifamily O/acre 10-13facre 6 units - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R057-00 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF ANDOVER BY THE CITY OF ANDOVER WHEREAS, Independent School District No. II (Anoka-Hennepin) has proposed to construct a high school on land described on Exhibits "A" and "B"; and WHEREAS, The City Council of the City of Andover supports said school at said location. NOW, THEREFORE, BE IT RESOLVED, The City Council of the City of Andover hereby authorizes the Planning and Zoning Commission to hold a public hearing on March 14,2000 to amend the City of Andover Comprehensive Plan related to said high school as follows: I) Change the land use district designation trom A, Agriculture Preserve to RU, Residential Urban Single Family on approximately 77.5 acres owned by Donald Eveland legally described on Exhibit "A" (PIN 27-32-24-21-0001; -22-0001). 2) Amend the Metropolitan Urban Service Area (MUSA) boundary to incorporate approximately 136.5 acres owned by Donald Eveland and Richard Erickson legally described on Exhibit "B" (PIN 27-32-24-21-0001,0002; -22-0001; -23- 0003; -24-0002). Adopted by the City Council of the City of Andover on this 6th day of March 2000. CITY OF ANDOVER . !. ÞJv~ ATTEST: .E. McKelvey, Ma)' r ¿jf!:l~ EXHIBIT A Change the Comprehensive Plan Land Use District designation from A, Agriculture Preserve to RU, Residential Urban Single Family on the following described parcel: The North ~ of the Northwest y" of Section 27, Township 32, Range 24, Anoka County, Minnesota; except the following described parcel: beginning at a point on the east line of the Northeast y" of the Northwest y" said point being a distance of 596.69 feet south of the northeast comer of said quarter quarter; thence south on the east line of said quarter quarter a distance of 366.67 feet; thence west at right angles a distance of 330 feet; thence north and parallel with the east line of said quarter quarter a distance of 366.67 feet; thence east at right angles a distance of 330 feet to the point of beginning; subject to an easement of record for road purposes over the east 33 feet thereof. EXHIBIT B Amend the Comprehensive Plan to incorporate the following legally described property into the Metropolitan Urban Service Area (MUSA): The Northwest Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota lying north of County Ditch No. 57, Coon Creek. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R056-00 A RESOLUTION APPROVING CONDITIONS OF THE ANOKA-HENNEPIN SCHOOL DISTRICT NO. I I TO GUARANTEE THE CONSTRUCTION OF THE HIGH SCHOOL ON SITE NO.1 (THE EVELANDÆRICKSON PROPERTY) LOCATED IN SECTION 27. WHEREAS, the Anoka-Hennepin School District has requested the City of Andover address and commit to the following conditions to guarantee that Site No.1 (EvelandlErickson property) is the site for the proposed high school: 1. The City agrees to aggressively pursue with the school board the early tennination of the agricultural preserve designation on the Eveland property. 2. The City agrees to take the necessary steps to assure that municipal sewer is available to the site. The City will submit a comprehensive plan amendment and receive Metropolitan Council approval. 3. The City shall approve a rezoning of the property to allow for school use and assist in obtaining other governmental approvals necessary for the use. 4. The City will construct a municipal state aid road from Crosstown Boulevard NW (preferably as an extension of Andover Boulevard NW) to Round Lake Boulevard NW. 5. The City will develop a method of controlled access across or under Crosstown Boulevard NW to provide access for the students to utilize the athletic fields of the . "Sunshine Park" complex. 6. A joint powers agreement shall be executed between the City and the District which provides for the access, use, maintenance and repair of the athletic fields in Sunshine Park, and the related liability for use by school students and staff. In return, the District shall provide for the use of the schools facilities for resident use and provide related liability for the use. 7. The City will support and assist in the signalization of the intersection of Crosstown Boulevard NW and Andover Boulevard NW. Page Two Resolution March 6, 2000 NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Andover hereby agrees to commit to the above listed conditions as requested. Adopted by the City Council of the City of Andover on this 6th day of March, 2000. CITY OF ANDOVER _ATT:=~iL ~ R:ïêh~ Fursmanfoeputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO ROSS-OO A RESOLUTION APPROVING THE RESIDENTS' OPTION OF THE PRELIMINARY PLAT OF NORTH V ALLEY RIDGE BY ED FIELDS AND SONS LOCATED IN SECTION IS, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council approval of the plat subject to the conditions as stated below; and WHEREAS, the City Council hereby approves the residents' option on Raven Street to be negotiated in a configuration with the developer to assure construction of the cul-de-sac to be completed with the following conditions: 1. Variance from Ordinance 10, Section 9.06A2 for the 150' x 150' building area requirement for Lot 2, Block 2. 2. The developer obtains all necessary pennits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 3. Park dedication as recommended by the Park and Recreation Commission and approved by the City Council as determined by Ordinance No. 10, Section 9.07. 4. Existing easements for Uplander Street NW and Swallow Street NW be vacated prior to final plat approvaL 5. Relocation of the accessory structure (garage) on Lot I, Block I to comply with all applicable ordinances and codes. 6. Variance for Lots 10 & II, Block L Variance for Lot 10 for frontage requirement due to being a comer lot and variance for Lot II due to being on a cul-de-sac. Adopted by the City Council of the City of Andover this 6th day of March , 20 ---ºº--. CITY OF ANDOVER ATTEST: .{, me.- r . .E. McKelvey, Mayor /J /LY~ tJv!Þ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 054-00 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION FROM A, AGRICULTURE TO RR, RESIDENTIAL RURAL ON APPROXIMA TEL Y 28 ACRES LOCATED IN THE SW y;. OF THE SW y;. OF SECTION 15 BY ED FIELDS AND SONS. (PIN 15-32-24-33- 0001) WHEREAS, Ed Fields and Sons has petitioned to change the land use district designation from A, Agriculture to RR, Residential Rural on approximately 28 acres, legally described as follows: The Southwest Quarter of the Southwest Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota; except the north 699.51 feet of the east 354.76 feet thereof (as measured along the east and north lines thereof); also except that part described as follows: Beginning at a point on the north line of said quarter quarter 322.99 feet west of the northeast corner of the west half of said quarter quarter; thence south parallel with the west line of said quarter quarter 679.50 feet; thence west parallel with said north line to west line of said quarter quarter; thence north along said west line to northwest corner of said quarter quarter; thence east along said north line to point of beginning; except road; subject to easements of record. 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, safetv. and Qeneral welfare of the Citv 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 following condition: 1. Approval by Metropolitan Council. Adopted by the City Council of the City of Andover on this 6th day of March 2000. CITY OF ANDOVER A TrEST: ~ {/u-t£ Victoria V olk, City Clerk - .- CITY OF ANDOVER COUNTY OF AOKA STATE OF MINNESOTA RES. NO. R 053-00 -- A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN FOR THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION FROM RU, RESIDENTIAL URBAN SINGLE FAMilY TO RM, RESIDENTIAL MEDIUM DENSITY ON 4.9 ACRES LEGAL Y DESCR.!8ED AS LOT 1, BLOCK 8, WOODLAND CREEK ON PROPERTY OWNED BY WOODLAND DEVELOPMENT (PIN 32-32-24-14-0046) WHEREAS, The City of Andover has petitioned to change the land use district designation &om RU, Residential Urban Single Family to RM, Residential Medium Density on approximately 4.9 acres owned by Woodland Development legally described as Lot 1, Block 8, WOODLAND CREEK; and 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 g3neral 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 following condition: 1. Approval by Metropolitan Council. 2. Approval is contingent upon the plan being constructed essentially as shown on the sketch plan before the Council on March 6, 2000. Adopted by the City Council of the City of Andover on this 6th day of March 2000. CITY OF ANDOVER . f. Me:--)(/¿ ATTEST: ~t!æ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R052-00 A RESOLUTION WITHDRAWING A CITY-INITIATED REQUEST FORA COMPREHENSIVE PLAN AMENDMENT AT THE INTERSECTION OF HANSON AND ANDOVER BOULEVARDS. WHEREAS, the city initiated a Comprehensive Plan amendment for the property located at the intersection of Hanson and Andover Boulevards (Hupp property); and WHEREAS, staff has requested the Council withdraw the Amendment as the property owner will be able to request a Comprehensive Plan Amendment when the development comes in and a public hearing will be held for that plus the rezoning and preliminary plat. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover withdraw the City-initiated request for a Comprehensive Plan Amendment at the intersection of Hanson and Andover Boulevards. Adopted by the City Council of the City of Andover this ~day of March. 2000. CITY OF ANDOVER Attest: !L;¡;;;;v ¡)~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 051-00 MOTION by Council member KniQht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATiONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99-28 , FOR STREET PAVING CONSTRUCTION IN THE AREA Of NAVAJO STREET NW, 1731<D AVENUE NW & 115"" AVENUE NW. WHEREAS, pursuant to Resolution No. 198-99 , adopted by the City Council on the 21st day of September, 19-ªª-, the City EnQineer has prepared final plans and specifications for Project 99-28 for Navaio Street NW. 173rd Avenue NW & 175th Avenue NW WHEREAS, such final plans and specifications were presented to the City Council for their review on the --ºt!L day of March .19 99. 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 , _ ADril 11 ,2000 at the Andover City Hal/. MOTION seconded by Council member Johnson and adopted by the City Council at a reQular meeting this 6th day of March , 2000 , with Council members Orttel. McKelvev, KniQht, Johnson. Jacobson (present) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . ~. J1c-~ .E. McKelvey - Mayor {L~:.J d4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 050-00 A RESOLUTION SETTING FEES EFFECTIVE MARCH 6, 2000 FOR THE CITY TO RECOVER ITS RIGHTS-OF-WAY MANAGEMENT COSTS. The City Council of the City of Andover hereby resolves: Riahts-of-Wav Permit Fee Structure Annual Registration Fee $ 50.00 Excavation Permit Fee $200.00 Per Additional Excavation (paved area) $ 30.00 Per Additional Excavation (unpaved area) $ 15.00 Trench Fee Underground Utility/Telecom Installation - Directional Boring or Tunneling (in addition to excavation permit fee) $ 40.00 Per 100 L.F. Underground Utility/Telecom Installation - Open Trenching (in addition to excavation permit fee) $ 55.00 Per 100 L.F. Overhead Utility/Telecom Installation (in addition to excavation permit fee) $ 5.00 Per 100 L.F. Obstruction Permit Fee $ 50.00 Permit Extension Fee $ 55.00 Mapping Fee $ 50.00 ($10.00 if in the City format) Delay Penalty (up to 3 days late) $ 60.00 (each day late over 3 days) Plus $10.00/Day Individual Service Work in Right-Of-Way $ 1 O. OO/Service Adopted by the City Council of the City of Andover on this 6th day of March, 2000. CITY OF ANDOVER ATTEST: . {1J!vle- r a ~,£~ ../b Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 049-00 MOTION by Council member Kniqht to adopt the following: A RESOLUTION ORDERING PREPARATION OF A SUPPLEMENTAL FEASIBILITY REPORT FOR PROJECT NO. 98-29, IN THE GREY OAKS (PHASE I & II) AREA. WHEREAS, the City Council has received a petition, dated December 1 , .1998, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. WHEREAS, a feasibility report was previously approved on July 6, 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that 1. Th.e petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report of $1 ,000.00 was previously collected. 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a revised feasibility report. MOTION seconded by Council member Johnson and adopted by the City Council at a reqular meeting this 6th day of March , 2000, with Council members Kniqht, Johnson, McKelvey, o rtiel , Jacobson (present) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ,[. nk j(¡ .E. McKelvey - Mayor / tLi~ Ow Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 048-00 MOTION by Council member Kniqht to adopt the following: A RESOLUTION EXTENDING THE BID AWARD PERIOD FOR 98-29, GREY - OAKS (PHASE I) FOR SANITARY SEWER, WATERMAIN, STREETS AND STORM SEWER. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 188-99 , dated AUQust 17, 1999, 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 extend the bid award period to April 30, 2000. MOTION seconded by Council member Johnson and adopted by the City Council at a reqular meeting this 6th day of March ,2000 ,with Council members Kniqht, Johnson, McKelvev, Orttel, Jacobson (present) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¿. t. ln~J(~ . E. McKelvey - Mayor ~,/ J~ Victoria Volk - City Clerk . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 047-00 MOTION by Council member KniQht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99-18 ,FOR SHADOWBROOK 6TH ADDITION WHEREAS, pursuant to Resolution No. 025-00 ,adopted by the City Council on the 1st day of February ,2000, TKDA has prepared final plans and specifications for Project 99-18 for Shadowbrook 6th Addition. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of March ,2000. 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 31, 2000 at the Andover City Hall. MOTION seconded by Council member Johnson and adopted by the City Council at a reQular meeting this 6th day of March , 2000 . with Council members Kniqht, Johnson, McKelvey, Orttel, Jacobson (present) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ^ ATTEST: . t JJl G- }(¡, .E. McKelvey - Mayor iLJ;,AA/ rid¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 046-00 MOTION by Council member Kniqht to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 94-30B (CITY HALL PARKING LOT RECONSTRUCTION) AND 94-30C (CITY HALL PARKING LOT LIGHTING). WHEREAS, pursuant to advertisement for bids as set out in Council Resolution Nos. 006-00 & 007-00 ,dated January 4, 2000, bids were received, opened and tabulated according to law with results as follows: Bauerly Companies $120,382.16 DMJ Corp. $126,872.59 WB Miller, Inc. $129,021.90 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bauerlv Companies as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Bauerlv Companies in the amount of $ 120,382.16 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 Johnson and adopted by the City Council at a reqular meeting this 6th day of March ,2000 ,with Council members KniQht, Johnson, McKelvev, Orttel, Jacobson (present) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Æ' t. m,-~~ a.E. McKelvey - Mayor d' ()~ c.u~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045-00 MOTION by Council member Knight to adopt the following: A RESOLUTION ACCEPTING REVISED FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREETS, STORM SEWER, SANITARY SEWER AND WATERMAIN ,PROJECT NO. 98-11, IN THE AREA ALONG JAY STREET NW . WHEREAS, pursuant to City Council on August 4, 1998, a revised feasibility report has been prepared; and WHEREAS, such revised feasibility report was received by the City Council on the 6th day of March ,2000; and WHEREAS, such revised feasibility report declared the proposed improvement to be feasible for an estimated cost of $ 1.043.971.00 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the revised Feasibility Report for Project No. 98-11, 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 $ 1.043,971.00 3. A public hearing shall be held on such proposed improvement on the 4th day of ~ April , 2000 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Council member Johnson and adopted by the City Council at a regular meeting this---ªh.. day of March, 2000, with Council members Knight, Johnson, McKelvey, Orttel, Jacobson (present) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~' ~, Me.- J(~~ Ii;; 14 .E. McKelvey - Mayor Úu .ú-J Ilc " Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 044-00 A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF DEL HASSAN PURSUANT TO ORDINANCE NO. 40 ON THE PROPERTY LOCATED AT 17674 FLINTWOOD STREET NW. WHEREAS, Del Hassan requested to split the western +1- 2.5 acres from a +1- 5 acre parcel located at 17674 Flintwood Street NW, legally described in "Exhibit A" . 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 and there was no opposition to the request; 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: I. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 2. That a certificate of survey for the proposed lot split be submitted to the City of Andover showing lot dimensions and wetland delineations. 3. The applicant submit to the Building Official soil borings to confirm that the newly created lot is buildable in accordance with City policy, codes and ordinances. 4. That the applicant pay a park dedication fee equivalent to $1,300.00 as stipulated in Ordinance No. 10, Section 9.07. 5. That the applicant pay a trail fee as established by resolution equivalent to $350.00. Adopted by the City Council of the City of Andover on this 6th day of March, 2000. ATTEST: CITY OF ANDOVER dL/ '(¿¿ { frk iJ, , Victoria V oIk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R043-00 A RESOLUTION GRANTING THE LOT SPLIT AND V ARIANCE REQUEST OF THE ANDOVER ECONOMIC .D.EVELOPMENT AUTHORITY PURSUANT TO ORDINANC'E NO. 40 AND VARYING FROM. THE PROVIS.IONS o.F ORDINANCE NO.8, SECTION 6,02, MINlMIJM LOT REQUIRKMENTS ON LOT 2, BLOCK 2, ANDOVER STA nON (pIN 34-32-24-31-0024) WHEREAS, The Andover Economic Development Authority has requested to split the western +/- 35 feet pursuant to Ordinance No. 40 and varying ftom the provisions of Ordinance No.8, Section 6.02, Minimum Lot Size Requirements for the proposed renmant parcel on property legally described as Lot 2, Block 2, ANDOVER STATION; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the Planning and Zoning Commission fmds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split\variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions: I) That a covenant be filed to join the proposed renmant parcel of Lot 2, Block 2 ANDOVER STATION to Lot I, Block 2 ANDOVER STATION so that it cannot be sold separately. 2) That the lot split be subject to a sunset clause as defmed in Ordinance No. 40, Section III(E). 3) That the lot split be executed in conjunction with a similar lot split on Lot I, Block 2, ANDOVER STATION. Adopted by the City Council of the City of Andover on this 6th day of March 2000. CITY OF ANDOVER .t}£~ ATTEST: .E. McKelvey, Mayor (L~ 0$ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R042-00 A RESOLUTION GRANTING THE LOT SPLIT ,.\ND VARIANCE REQUEST OF THE ANDOVER ECONOMJC DEVELOPMENT AUTHORITY PURSUANT TO ORDINANCE NO. 40 AND VA.RYING .FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIlVmM LOT REQUIRKMENTS ON LOT 1, BLOC'K 2, ANDOVER STATION (PIN 34-32-24-31-0023) WHEREAS, The Andover Economic Development Authority has requested to split the western +/- 42 feet pursuant to Ordinance No. 40 and varying ITOm the provisions of Ordinance No.8, Section 6.02, Minimum Lot Size Requirements for the proposed renmant parcel on property legally described as Lot I, Block 2, ANDOVER STATION; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the Planning and Zoning Commission fmds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statutes; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split\variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions: I) That a covenant be filed to join the proposed renmant parcel of Lot I, Block 2 ANDOVER STATION to Outlot D, ANDOVE R COMMERCIAL PARK so that it cannot be sold separately. 2) That the lot split be subject to a sunset clause as defmed in Ordinance No. 40, Section III(E). I. That the lot split be executed in conjunction with a similar lot split on Lot 2, Block 2, ANDOVER STATION. Adopted by the City Council of the City of Andover on this 6th day of March 2000. CITY OF ANDOVER ATTEST: !Î. f.lJk'!br; ýj.E. McKelvey, Mayor IL:I;:;~/ d-<//./ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 041-00 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF SUPER AMERICA TO ERECT TEMPORARY SIGNS AND BANNERS IN CONJUNCTION WITH "CUSTOMER APPRECIATION DAYS", COMMENCING JUNE 22-24, 2000 PURSUANT TO ORDINANCE NO.8, SECTION 8.07 ON THE PROPERTY LOCATED AT 13727 HANSON BOULEVARD NW. WHEREAS, Super America has requested an Amended Special Use Permit to erect temporary signs and banners in conjunction with "Customer Appreciation Days", commencing June 22-24,2000 pursuant to Ordinance No.8, Section 8.07 on the property located at 13727 Hanson Boulevard NW, legally described as follows: That part of the Southwest Quarter of the Northwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota, lying south of the north 600.00 feet as measured at right angles to the north line and lying west of the east line thereof, except the west 150.00 feet thereof, also except roads; 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.8, Section 8.07; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City; 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 Page Two Resolution Super America - Customer Appreciation Days 13727 Hanson Boulevard NW Commission and approves the Amended Special Use Permit on said property with the following conditions: I) That the Amended Special Use Permit be valid for no more than ten (10) consecutive days. 2) That the banners, signs, and similar devices associated with the event be located so as not to create a hazard to pedestrian and vehicular safety. Adopted by the City Council of the City of Andover on this 6th day of March, 2000. CITY OF ANDOVER ATTEST: d;7';; ;./J {/~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 040-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98-11A FOR JAY STREET LANDSCAPING. WHEREAS, pursuant to advertisement for bids as set out in City Council Resolution No. 229-99, bids were received, opened and tabulated according to law with results as follows: Hoffman & McNamara Co. $303,465.00 Environmental Assoc. Inc. $337,251.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Hoffman & McNamara Co. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Hoffman & McNamara Co. in the amount of$303,465.00 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 Johnson and adopted by the City Council at a Special Meeting this 17th day of Februarv, 2000, with Councilmembers OrtteI. McKelvey, Knight, Jacobson, Johnson voting in favor of the resolution and Council- Members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: (). r. J7!£_I0J!.~ /f E. McKelvey - Mayor ~ IJv& Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 039A-00 MOTION by Council member Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98-11A FOR JAY STREET LANDSCAPING. WHEREAS, pursuant to advertisement for bids as set out in City Council Resolution No. 229-99 ,dated November 9,1999, bids were received, opened and tabulated according to law with results as follows: Hoffman & McNamara Co. $303,465.00 Environmental Assoc., Inc. $337,251.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Hoffman & McNamara Co. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Hoffman & McNamara Co. in the amount of $303,465.00 .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 Johnson and adopted by the City Council at a special meeting this 17th day of February ,2000 ,with Council members Jacobson, Johnson, McKelvey, Kniqht, Orttel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST; ,{ M,~ I t. a í.u· ';4./ ,,~. Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 039-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #---1. TO PROJECT NOS. (98- 33)CAMBRIDGE ESTATES 2ND ADDITION, (98-34)CHESTERTON COMMONS 3RD ADDITION, (98-36)CHESTERTON COMMONS NORTH. WHEREAS, the City of Andover has a contract for Project Nos. (98- 33)Cambridqe Estates 2nd Addition, (98-34)Chesterton Commons 3rd Addition, (98-36)Chesterton Commons North with Kober Excavatinq, Inc. of Elk River, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos. (98-33)Cambridqe Estates 2nd Addition, (98-34)Chesterton Commons 3rd Addition, (98-36)Chesterton Commons North. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 15th day of February , 2000, with Councilmembers Johnson, o rttel , McKelvey, Kniqht. Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ,fk~ ILl:~ .I lid Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 038-00 MOTION by Councilmember Johnson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98-22A FOR WELL-PUMPHOUSE #7. . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 236-99 ,dated November 16, 1999, bids were received, opened and tabulated according to law with results as follows: Magney Construction, Inc. $374,400.00 EnComm Midwest, LLC $376,348.00 Municipal Builders, Inc. $381,850.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Maqney 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 Maqney Construction, Inc. in the amount of $374.400.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a reQular meeting this 15th day of Februarv ,2000 ,with Councilmembers Johnson, Ortlel, McKelvey, KniQht, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: )d: !K:e:~- ,~ d:j;A: j f)L£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 037-00 MOTION by Councilmember Johnson 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. 99-36 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER IN THE FOLLOWING AREA SUNRIDGE. WHEREAS, the City Council did on the 21st day of December, 1999, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by SEH and presented to the Council on the 15th day of February ,2000; 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 $ 484,800.92. 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 $ 484,800.92 waive the Public Hearing. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of SEH to prepare the plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby require the developer to escrow for the sum of $ 73,000.00 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 15th day of February , 2000 , with Councilmembers Johnson, Orttel. McKelvey, Kniqht. Jacobson (absent) voting in favor of the resolution, and Councilmembers none - voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (). {. Øc-~~ ¡J;£;.' ()~ dE. McKelvey - Mayor .. J ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 03tOO MOTION by Councilmember Johnson 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. 99-35 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER IN THE FOLLOWING AREA WOODLAND ESTATES 2ND ADDITION. WHEREAS, the City Council did on the 4th day of January ,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 1st day of February ,2000; 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 ,081 ,600.00 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 ,081 ,600.00 waive the Public Hearing. 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 $ 148,000.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Ortiel and adopted by the City Council at a reQular meeting this 15th day of February , 2000 , with Councilmembers Johnson, Ortiel, McKelvey, KniQht, Jacobson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J! ~ )¡;¿~4 d'-Z;:f:'''- ¡)Æ ,0.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 036-00 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-3 ,FOR CRACK SEALING WHEREAS, pursuant to Resolution No. 018-00 , adopted by the City Council on the 18th day of January , 2000, Citv Enqineer has prepared final plans and specifications for Project 00-3 for Crack Sealinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the ~ day of February ,2000. 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, Thursdav, March 9 ,2000 at the Andover City Hall. MOTION seconded by Councilmember Johnson and adopted by the City Council at a reqular meeting this ..12L day of February , 2000 , with Councilmembers Kniqht. Jacobson, McKelvev, Johnson. Orttel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . { ,Øc, /{; .E. McKelvey - Mayor ¿)~ [/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 035-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING F!NAL PLANS AND SPECIFlCA TrONS AND ORDER!NG ADVERT!SEMENT FOR BIDS FOR PROJECT NO. 00-3 ,FOR CRACK SEAliNG . WHEREAS, pursuant to Resolution No. 018-00 , adopted by the City Council on the 18th day of January ,2000, City Engineer has prepared final plans and specifications for Project 00-3 for Crack Sealinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the ~ day of February ,2000. 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,_ Thursdav. March 9 ,2000 at the Andover City Hall. BE IT STILL FURTHER RESOLVED that if new roads go through the proposed area, the crack sealing will be shifted to another are of the city. MOTION seconded by Councílmember Johnson and adopted by the City Council at a reqular meeting this -.i§L day of February , 2000 , with Councilmembers Kniqht. Orttel, Jacobson, Johnson, McKelvey voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ·tk ~ð¿/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R034-00 MOTION by Councilmember Orttel seconded by Councilmember Kniaht to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT OF SUNRIDGE, AS BEING DEVELOPED BY D.H. LAND COMPANY, IN SECTION 34-32-24. WHEREAS, the City Council has approved the preliminary plat of the Planned Unit Development of Sunridae ; and WHEREAS, the Developer has presented the final plat of Sunridae. 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 Sunridae 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. 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 Sunridge D.H. Land Company February 1, 2000 11. Variances or development standards as listed on the preliminary plat and in the letter from Steve Johnston, Landform Engineering dated November 3, 1999 shall become the only listing of variances approved on the plat. 12. Landscaping shown on the Final Landscape Plan located in easements shall be relocated outside easement areas. Adopted by the City Council of the City of Andover this -1.§L day of February, 2000. CITY OF ANDOVER ATTEST: (). £-. Ìl7 ~ J(~ VE. McKelvey - Mayor (. (/¿¿ ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R033-00 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF GARY AND LANNETTE RESHETAR ON PROPERTY LOCATED AT 16200 MAKAH STREET NW (PIN 18-32-24-24-0006). WHEREAS, Gary and Lannette Reshetar have requested to split the western +/-2.5 acres from a 5 acre parcel pursuant to ordinance No. 40 located at 16200 Makah Street NW, legally described as TRACT T, REGISTERED LAND SURVEY NO. 72; and 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 as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 2) Acceptance ofa 60' x 120' street, drainage and utility easement along the northwest comer of said property adjacent to l62nd Lane NW by the City Council. 3) That the proposed home be sited in a manner to meet the minimum setback requirements of Ordinance 8, Section 6.02 trom sajd dedicated street, drainage and utility easement. Lot Split 99-04 - Reshetar February 1, 2000 16200 Makah Street NW Page 2 4) That the City accepts a survey of the proposed lot split. 5) Park dedication being paid in accordance with Ordinance No. la, Section 9.07. Adopted by the City Council of the City of Andover on this 1st day of Febmarv 2000. CITY OF ANDOVER ,¿, /1Îe" ATTEST: .E. McKelvey, Mayor ~d~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032-00 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO HYDROCON, INC. FOR PROJECT NO. 98-30 FOR CHESTERTON COMMONS 4TH ADDITION. WHEREAS, pursuant to a written contract signed with the City of Andover on Mav 4. 1999, Hvdrocon. Inc. of North Branch. 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 Jacobson and adopted by the City Council at a reqular meeting this -.1.§L day of Februarv , 2000 , with Councilmembers Kniqht. Jacobson, McKelvev, Johnson. Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: , ( }J¡ c- )(¿ "k ()~v flu ~.-' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031-00 MOTION by Councilmember Kniqht to adopt the following; A RESOLUTION APPROVING CHANGE ORDER #...1.. TO PROJECT NO. 98-30, CHESTERTON COMMONS 4TH ADDITION . WHEREAS, the City of Andover has a contract for Project No. 98-30. Chesterton Commons 4th Addition with Hvdrocon.lnc. of North Branch. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 98-30. Chesterton Commons 4th Addition. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this 1st day of Februarv ,2000, with Councilmembers Kniaht. Jacobson. McKelvev, Johnson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: v .E. McKelvey - Mayor ¿L£;,-, t/,.//~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 030-00 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO LATOUR CONSTRUCTION, INC. FOR PROJECT NO. 97-49, CHESTERTON COMMONS 2ND ADDITION AND PROJECT NO. 98-9, CAMBRIDGE ESTATES. WHEREAS, pursuant to a written contract signed with the City of Andover on March 2. 1999, LaTour Construction. Inc. of Maple 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 Council member Jacobson and adopted by the City Council at a reaular meeting this ~ day of Februarv , 2000 , with Councilmembers Kniaht. Jacobson, McKelvey, Johnson, Orttel voting in favor of the resolution, and Councilmembers none yoting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ' t. !/k~ .E. McKelvey - Mayor I - Ü~ Ú~~~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 029-00 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #....2.... TO PROJECT NO. 97-49. CHESTERTON COMMONS 2ND ADDITION AND PROJECT NO. 98-9, CAMBRIDGE ESTATES WHEREAS, the City of Andover has a contract for Project No. 97-49. Chesterton Commons 2nd Addition and Project No. 98-9. Cambridae Estates with LaTour Construction, Inc. of Maple Lake, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 97-49, Chesterton Commons 2nd Addition and Project No. 98-9, Cambridae Estates. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this 1st day of Februarv ,2000, with Councilmembers Kniaht. Jacobson. McKelvev. Johnson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ,{ ìrk ~ .E. McKelvey - Mayor I d~ I1At;;~/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 028-00 MOTION by Council member Kniqht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 00-4 ,FOR SEAL COATING . WHEREAS, pursuant to Resolution No. 019-00 , adopted by the City Council on the 18th day of Januarv ,2000, Citv Enqineer has prepared final plans and specifications for Project 00-4 for Seal Coatinq . WHEREAS, such final plans and specifications were presented to the City Council for their review on the ~ day of Februarv ,2000. 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, Thursdav. March 9 ,2000 at the Andover City Hall. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this J..§L day of Februarv , 2000 , with Councilmembers Kniqht. Jacobson, McKelvev, Johnson, Ortiel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ./ - tJ~ L;:f;;4--'J Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027-00 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-1 FOR WATERMAIN IN THE FOLLOWING AREA 3148 BUNKER LAKE BOULEVARD NW. WHEREAS, the City Council did on the 18th day of Januarv ,2000, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Enqineer and presented to the Council on the 1st day of Februarv ,2000; 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 $4.858.86 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 $ 4.858.86 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a í year period. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this ...1.§L day of Februarv ,2000, with Councilmembers Kniqht. Jacobson, McKelvey, Johnson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ( - (í~"¿¿' tLL-~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 02(p-00 MOTION by Councilmember Kniaht 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. 99-18 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA SHADOWBROOK 6TH ADDITION. WHEREAS, the City Council did on the 7th day of December, 1999, 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 1st day of Februarv ,2000; 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 $ 612,659.79 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 612,659.79 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 $ 91 ,900.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this ~ day of Februarv , 2000 , with Councilmembers Kniaht. Jacobson, McKelvev. Johnson, Ortiel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: .( lJ1v~ ~ d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 021-00 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #....1. TO PROJECT NO. 98-27, FOX HOLLOW. WHEREAS, the City of Andover has a contract for Project No. 98-16 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. 98-27. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reaular meeting this 1st day of Februarv ,2000, with Councilmembers Kniaht. Jacobson. McKelvev. Johnson, Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~:£/1~~~ U~ ¿j!L/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R02't·00 A RESOLUTION SUPPORTING THE RIGHT OF THE CITY OF ANDOVER TO RETAIN ITS AUTHORITY TO FRANCHISE COMPANIES PROVIDING CABLE TELEVISION SERVICES. WHEREAS, the City of Andover has been granted the legal authority to negotiate, award and regulate cable television franchises under both Federal Statute Title 6 and Minnesota State Statute Chapter 238; and WHEREAS, the City of Andover accepted the responsibility that comes with the awarding of the cable television franchise, including ensuring that the cable company meets the identified needs of the community such as community television and institutional networks and serving as a local resource to resolving customer service issues; and WHEREAS, state legislation has been proposed that would repeal Chapter 238 and revoke the City's authority to award a cable television franchise, eliminate the City as a local resource to its citizens for resolving customer service issues, and remove the City's ability to receive direct support for community television and other provisions that meet community needs; and WHEREAS, it has not been demonstrated by any means that local governments' role in cable franchising impedes in any manner the ability of cable and telecommunications companies to offer full and competitive services; and WHEREAS, while the City of Andover acknowledges the regulatory challenge of addressing the convergence of voice, video and data services, local governments are essential to any legislative discourse in this area and must retain authority to ensure continued local support for its community. NOW, THEREFORE, BE IT RESOLVED that the City of Andover must retain its authority to franchise companies providing cable television services and is hereby opposed to any legislation that would revoke this authority and that it further asserts its Constitutional rights to retain its local authority to enter into contracts to serve its community. Adopted by the City Council of the City of Andover this 1st day of February, 2000. CITY OF ANDOVER Attest: ç/¡' t þ¡v)(~ . E. McKelvey - Mayor f í ' tidY· I~ (.vi'" . Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 23-00 A RESOLUTION GRANTING THE VARIANCE REQUEST OF AUGUST MENNICKE TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A THIRTY-FIVE (35) FOOT FRONTY ARD SETBACK ON THE PROPERTY LOCATED AT 15504 LARCH STREET NW, LEGALLY DESCRIBED AS LOT 7, BLOCK 4, NORDEEN ADDITION. WHEREAS, August Mennicke requested a variance to Ordinance No.8, Section 6.02 to allow a porch to encroach five (5) feet into the thirty-five (35) foot rrontyard setback on the property located at 15504 Larch Street NW, legally described as Lot 7, Block 4, Nordeen Addition. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria for granting a variance as stated in Ordinance No.8, Section 5.04. 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 hereby approves the variance requested by August Mennicke to Ordinance No.8, Section 6.02 on the property located at 15504 Larch Street NW, legally described above. Adopted by the City Council of the City of Andover on this 1st day of Februarv, 2000. ATTEST: CITY OF ANDOVER (L:t~./ ().t!b ^ t !Il~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 022-00 A RESOLUTION ESTABLISHING 2000 USER FEES FOR THE USE OF PICNIC SHELTER AT SUNSHINE PARK WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: The following fees are hereby established: Tvpe of Fee Fee - Plat Rate Use of Picnic Shelter $25 per 4 Hour Period Adopted by the City Council of the City of Andover this 18th day of Januarv , 2000. CITY OF ANDOVER ATTEST: tLt~ ¡)~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 021-00 A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF US WEST WIRELESS, L.L.C. FOR THE CONSTRUCTION OF A WIRELESS COMMUNICATIONS FACILITY (PCS ANTENNA/TOWER - 150 FEET IN HEIGHT FROM GROUND LEVEL) ON THE PROPERTY LOCATED AT 32XX SOUTH COON CREEK DRIVE NW (PIN# 29-32-24-41-0003), LEGALLY DESCRIBED AS THE EAST 615 FEET OF THE NE y., OF THE SE y., LYING NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF SOUTH COON CREEK DRIVE NW EXCLUDING ROADS SUBJECT TO EASEMENT OF RECORD. WHEREAS, US West Wireless, L.L.C. has requested a Special Use Pennit to construct a wireless communications facility (150 feet in height from ground level) on the property located at 32XX South Coon Creek Drive NW, legally described above. WHEREAS, the City Council has determined that said request shall not be considered for review due to the fact that the City has established a temporary moratorium ordinance on telecommunication antennas and towers. As, stated in Ordinance No.8, Section 5.03(C)(8), City Council has detennined that re-application of the permit for this location shall not be considered until one (1) year has passed from the date of this resolution. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the Special Use Pennit request of US West Wireless, L.L.C. to construct a wireless communications facility (PCS antenna/tower structure - 150 feet in height from ground level) on said property. Adopted by the City Council of the City of Andover on this 18th day of Januarv, 2000. ATTEST: CITY OF ANDOVER ILi;;....' (j./þ , ~. ltlvK"t Victoria V olk, City Clerk .E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 020-00 MOTION by Councilmember Ortiel to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF 2000 STREET AND UTILITY RECONSTRUCTION , PROJECT NO. 00-5 , IN THE AREA OF 7TH AVENUE. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically 2000 Street & Utilitv Reconstruction in the area of _ 7th Avenue; and WHEREAS, the City Council proposes to assess the benefitting 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 Citv Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a reqular meeting this 18th day of Januarv , 2000, with Councilmembers Ortiel. Jacobson. McKelvev, Johnson, Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~dtb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 019-00 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-4 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 Coatina Improvements, Project 00-4; and BE IT FURTHER RESOLVED by the City Council to hereby direct the--ºtly Enaineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reaular meeting this 18th day of Januarv , 2000 , with Councilmembers Kniaht. Orttel. McKelvev, Jacobson (present) voting in favor of the resolution, and Councilmembers Johnson voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: vK:.. .E. McKelvey - Mayor ¡J,j;,~,.I tlL/,; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 018-00 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 00-3 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 Sealina Improvements, Project 00-3; and BE IT FURTHER RESOLVED by the City Council to hereby direct the-ºtlY Enaineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reaular meeting this 18th day of Januarv , 2000 , with Councilmembers Kniaht. Orttel. McKelvev, Jacobson (present) voting in favor of the resolution, and Councilmembers Johnson voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: &~ ¿I,¿¡¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 017-00 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE iMPROVEMENT OF WA TERMAIN , PROJECT NO. 00-1, IN THE AREA OF 3148 BUNKER LAKE BOULEVARD NW. WHEREAS, the City Council has received a petition, dated October 26. 1999 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 Orttel and adopted by the City Council at a reaular meeting this 18th day of January , 2000, with Councilmembers Kniqht. Orttel. McKelvev, Jacobson (present) voting in favor of the resolution, and Councilmembers Johnson voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ii t. J7¡~ /(6 .E. McKelvey - Mayor d~;¿-u.J til£- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 016-00 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-1... TO PROJECT NO. 99-21, SUNSHINE PARK SHELTER. WHEREAS, the City of Andover has a contract for Project No. 99-21 with Odland Construction. Inc. of Stillwater. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 99-21. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a reaular meeting this 18th day of January ,2000, with Councilmembers Knight. Ortlel. McKelvey. Jacobson (present) voting in favor of the resolution, and Councilmembers Johnson voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: . {m"Yd t1~;,~./ j'/& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 015-00 A RESOLUTION SETTING FEES EFFECTIVE MARCH 6, 2000 FOR THE CITY TO RECOVER ITS RIGHTS-OF- WAY MANAGEMENT COSTS. The City Council of the City of the City of Andover hereby resolves: RÍf!hts-of-Wav Permit Fee Structure Annual Registration Fee $ 50.00 Excavation Pennit Fee $200.00 Per Additional Excavation (paved area) $100.00 Per Additional Excavation (unpaved area) $ 50.00 Trench Fee Underground Utility/Telecom Installation - Directional Boring or Tunneling (in addition to excavation pennit fee) $ 40.00 Per 100 L.F. Underground Utility/Telecom Installation - Open Trenching (in addition to excavation permit fee) $ 55.00 Per 100 L.F. Overhead Utility/Telecom Installation (in addition to excavation pennit fee) $ 5.00 Per 100 L.F. Obstruction Pennit Fee $ 50.00 Pennit Extension Fee $ 55.00 Mapping Fee $ 50.00 Delay Penalty (up to 3 days late) $ 60.00 (each day late over 3 days) Plus $1O.00iDay Adopted by the City Council of the City of Andover on this 18th day of January, 2000. ATTEST: CITY OF ANDOVER U~¿/4 Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 014-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF Storm Sewer PROJECT NO. 97-26A 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 BE 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. Such assessment shall be deferred for a total of five years. In the years 6 through 10, the assessment will become payable in semi-annual installments, together with principal and accrued interest. 2. 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 be Councilmember Ortlel and adopted by the City Council at a Special meeting this 11 th day of January , 2000, with Councilmembers McKelvev, Ortlel, Jacobson, Kniaht. Johnson voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¿Po JJ1&~ ~¡j~ . E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 013-00 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 funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other financial institutions are, from time to time, able to pay the City of Andover interest rates on deposits which 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 2000 is the Anoka office ofNorwest Bank Minnesota, N.A. BE IT FURTHER RESOLVED that Norwest Investment Services Inc.; the Minnesota Municipal Money Market Fund; Firstar Trust Co. of Minnesota; US Bancorp Investments Inc.; US Bancorp Piper Jaffray; Juran and Moody, Division of Miller, Johnson and Kuehn, Inc.; Prudential Securities, Inc.; Dain Rauscher Inc.; Piper Jaffray Inc.; Soloman Smith Barney Inc.; PaineWebber Inc.; and Morgan Stanley Dean Witter be designated as additional depositories for 2000 for investment and cash management purposes only. BE IT STILL FURTHER RESOLVED that the Treasurer of the City of Andover is hereby designated as the approval authority for the release and acceptance of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. Adopted by the Andover City Council on the 4th day of January, 2000. ATTEST: ILt':J -' ¡)~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 012-00 A RESOLUTION IN SUPPORT OF THE ANOKA-HENNEPIN TECHNICAL COLLEGE. WHEREAS, the Anoka-Hennepin Technical College has been a vital component of the educational system in Minnesota for 32 years; and WHEREAS, the Anoka-Hennepin Technical College has grown and adapted to meet the ever-changing needs of society for persons with technical skills and abilities; and WHEREAS, the Anoka-Hennepin Technical College operates in the Anoka and Sherburne County areas and provides both educational opportunities and economic vitality to the region; and WHEREAS the MnSCU Board of Trustees and the legislature will soon detennine the viability and possible re-development of this college; NOW, THEREFORE, BE IT RESOLVED that the City of Andover does hereby support the educational excellence of the Anoka-Hennepin Technical College and requests continued support of the college from the MnSCU Board of Trustees and the Minnesota Legislature. Adopted by the City of Andover this 4th Day of January, 2000. CITY OF ANDOVER ATTEST: .' f. )JJc--~ . E. McKelvey - Mayo 11~ d./ú Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 011-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO E.H. RENNER & SONS. INC. FOR PROJECT NO. 99-8 FOR THE IMPROVEMENT OF TEST WELL #8 . WHEREAS, pursuant to City Council authorization of the project on February 16, 1999 , E.H. Renner & Sons, Inc. of ..-ßIs River, MN, has satisfactorily completed the construction. 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 4th day of Januarv , 2000 , with Councilmembers Jacobson, Kniaht. McKelvey, Johnson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ,¡:~~ J.E. McKelvey - Mayor (Li;;~ Ô~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 010-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 1 TO PROJECT NO. 99-8, - - TEST WELL #8 . WHEREAS, the City of Andover has a contract for Project No. 99-8 with E.H. Renner & Sons. 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. 99-8. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 4th day of Januarv ,2000, with Councilmembers Jacobson. Kniaht. McKelvev. Johnson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ß f{ ~~~ !<f.E. McKelvey - Mayor ~ tldb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 009-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO C.w. HOULE, INC. FOR PROJECT NO. 98-16 FOR THE IMPROVEMENT OF SHADOWBROOK 4TH ADDITION . WHEREAS, pursuant to a written contract signed with the City of Andover on September 15, 1998, C.w. Houle, Inc. of Shoreview. 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 reaular meeting this 4th day of Januarv , 2000 , with Councilmembers Jacobson. Kniaht. McKelvev, Johnson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ¡J E )PC/~~ ßE. McKelvey - Mayor ~ (J.~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 008-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTiON APPROVING CHANGE ORDER # 1 TO PROJECT NO. 98-16, SHADOWBROOK 4TH ADDITION. WHEREAS, the City of Andover has a contract for Project No. 98-16 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. 98-16. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 4th day of January ,2000, with Councilmembers Jacobson, Kniaht. McKelvey, Johnson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ß ¿~ Þk.-¡¡~ /<f.E. McKelvey - Mayor tL::t.A~ ()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 007-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION RE-APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 94-30C ,FOR CITY HALL PARKING LOT LIGHTING . WHEREAS, pursuant to Resolution No. 029-97, adopted by the City Council on the 21st day of January , 19 97, City Enqineer has prepared final plans and specifications for Project 94-30C for City Hall Parkinq Lot Liahtina . WHEREAS, such final plans and specifications were presented to the City Council for their review on the ~ day of July ,19~. 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, February 22 ,2000 at the Andover City Hall. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reaular meeting this 4th day of January , 2000 , with Councilmembers Jacobson, Knight. McKelvey, Johnson, Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' t: Þ!c-- ~ !1;1,;A""'/ ¡},;/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 006-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION RE-APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 94-30B ,FOR CITY HALL PARKING LOT RECONSTRUCTION WHEREAS, pursuant to Resolution No. 028-97, adopted by the City Council on the 21st day of Januarv , 19 97, Citv Enaineer has prepared final plans and specifications for Project 94-30B for City Hall Parking Lot Reconstruction . WHEREAS, such final plans and specifications were presented to the City Council for their review on the -º1!L day of Julv ,19~. 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, Februarv 22 ,2000 at the Andover City Hall. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 4th day of Januarv , 2000 , with Councilmembers Jacobson, Kniaht. McKelvev. Johnson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . t: ør~ dA-j;,~~ {J,;-/L/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 005-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECiFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 99-39 FOR WATERMAiN IN THE FOllOWING AREA 1970 - 148TH AVENUE NW. WHEREAS, the City Council did on the 7th day of December, 19 99, 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 4th day of Januarv ,2000; 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 $ 4954.60 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 $ 4954.60 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a ..Q. year period. MOTION seconded by Councilmember Knight and adopted by the City Council at a reqular meeting this Æ!:L day of Januarv ,2000, with Councilmembers Jacobson. Knight. McKelvev. Johnson. Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . t. Øv ~ .E. McKelvey - Mayor d.~ eVL/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 004-00 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND RE-ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER , PROJECT NO. 99-35, IN THE WOODLAND ESTATES 2ND ADDITION AREA. WHEREAS, the City Council has received a petition, dated October 28. 1999, 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 MFRA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this ..Æ!L day of Januarv ,2000, with Councilmembers Jacobson. Kniqht. McKelvev. Johnson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Æ.~~~ IL7:. 'AJ ()'//J Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ROO3-00 MOTION by Councilmember Jacobson and seconded by Councilmember Kniqht to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF WOODLAND ESTATES SECOND ADDITION, AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CORPORATION, IN SECTION 22-32-24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of the Development of Woodland Estates Second Addition ; and WHEREAS, the Developer has presented the final plat of Woodland Estates 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 Woodland 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 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 is responsible to 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. 9. Contingent on staff review and approval for compliance with City ordinances, polices & guidelines. Page Two Resolution - Final Plat Woodland Estates Second Addition January 4, 2000 10. Variance to Ordinance NO.1 0, Section 9.01 (D) to allow the outlots (Outlots A-C). 11. The final plat shall be recorded within thirty (30) days of notification of approval by the City Clerk. 12. Trail to be constructed along the west side of Nightingale Street NW in accordance with the Andover Comprehensive Trail Plan. Trail to be paid for with trail fees. 13. Widening of the street sections of Uplander Street NW, 151st Avenue NW, Thrush Street NW, 151 st Lane NW and again Uplander Street NW to 35' with no parking on either side of these streets to accommodate a bikeway. Widening to be paid for through park dedication fees. Adopted by the City Council of the City of Andover this -.ÆtL day of January , 2000. CITY OF ANDOVER ATTEST: Æ: ~K:;;~ d,~ {/Æ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 002-00 A RESOLUTION GRANTING THE .LOT SPLIT AND VARIANCE REQUEST OF DAVID HORST ON PROPERTY OWNED .BY LAWRENCE AND MARGARET AUIJETIE LOCA TED AT 1364 WARD LAKE DRIVE]\;'W (PIN 05-32-24-32-íHìl2). WHEREAS, David Horst has requested a lot split pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 6.02, Minimum Lot Width Requirements on property owned by Lawrence and Margaret Audette located at 1364 Ward Lake Drive NW, legally described on Exhibit "A", WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and 8; and WHEREAS, the Planning and Zoning Commission has determined that the inability to acquire additional acreage to alleviate the variance and small percentage of variance to the minimum requirement as acceptable hardship criteria as stipulated by Ordinance 8, Section 5.04; 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 and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split\variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions: 1. That all accessory buildings located on the property be removed or relocated to the minimum setback as stipulated in Ç)rdinance 8, Section 6.02. II. That the proposed home be sited in a manner to meet the minimum setback requirements of Ordinance 8, Section 6.02 from the potential extension of a street south from Ward Lake Drive. III. That the applicant pay a $1,100 park dedication fee and $300 trail fee per city council resolution. IV. That the lot split be subject to a sunset clause as defmed in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this 4th day of January, 2000. CITY OF ANDOVER ·t4~ ATTEST: .E. McKelvey, Mayor d..L:_~ ¡j.¿¿ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Res. No.OOI-OO A RESOLUTION SETTING RATES FOR PERMITS, CONNECTION FEES, SERVICES AND WATER USAGE PURSUANT TO ORDINANCE NO. 55, SECTION 3 AND RESOLUTION 101-81. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: SECTION 1. WATER PERMIT FEES REF. ORDINANCE 55 I. Service/Connection $50.00 Section 21 and 22 2. Tapping Main 30.00 Section 9 3. DisconnectionJReconnection Requests 20.00 Section 12 4. HVAC 15.00 Section 20 5. Underground Sprinklers 15.00 6. Re-inspection (all) 25.00 SECTION 2. SERVICE CHARGES I. Testing o to 6" meters Cost plus 25% 2. Violation P Shut-off (7:00 am-3:00 p.m.) $50.00 Shut-off (after hours) $75.00 SECTION 3. WATER METER CHARGES I. 3/4" Meter (Short lay length) $150.00 2. 5/8" Meter 125.00 3. I" Meter 300.00 4. 1-1/2" Meter 500.00 5. 2" Meter 700.00 6. Special Sizes Cost plus 25% handling 7. Laterals $32.001F.F. (estimate) SECTION 4. UNIT CONNECTION CHARGES I. Residential $1,375.00 per unit * 2. Non-Residential, per REC $760.00 per unit or $7,600.00 per acre, whichever is higher * · Rates obtained from June 1997 Compo Water Plan (Table 4-9, page 4-32) SECTION 5. WATER AREA CHARGES I. Residential and Commercial $1,195.00 per acre SECTION 6. USAGE CHARGES 1. Water: Billed Quarterly $7.30 Base Rate 1.03 per 1,000 for 1 st 10,000 gal. 1.06 per 1,000 for 10,001 through 20,000 1.10 per 1,000 for 20,001 through 35,000 1.17 per 1,000 for 35,001 through 60,000 1.25 per 1,000 for 60,001 through 100,000 1.40 per 1,000 for 100,001 through 200,000 1.65 per 1,000 for 200,001 and above Minimum per quarter 8.30 Pena1ty/Late Payment 10% 2. Sewer Area A $44.50 per quarter Area B 44.50 per quarter Penalty/Late Payment 10% SECTION 7. SANITARY SEWER RATES 1. Sewer Area Charge $1,145.00* 2. Sewer Connection Fee (Commercial Connection Fee Rate=1 Connection Fee for each SAC Unit) $312.00* 3. Laterals 32.001F.F. 4. Hookup Permit Fee (Sewer) 40.00 plus surcharge 5. Sewer Availability Charge (Metro) $I,IOO.OO/SAC 6. Plumbing (Homeowner contracts for) * Rates obtained trom September 1999, Sanitary Sewer Study, page 11. SECTION 8. EFFECTIVE DATE The rate charges as shown shall be effective January 1, 2000. Adopted by the City Council of the City of Andover this 4th day of January, 2000. Attest: CITY OF ANDOVER . t. me-;¿ Lt· (/~ . E. McKelvey - Mayor #..,1 Victoria Volk - City Clerk