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HomeMy WebLinkAbout1999CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 271 -99 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2000 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 2000 property tax levy totaling $ 4,410,226, of which $ 3,819,433 is for general operating purposes and is levied against all taxable property within the City of Andover, $21,430 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 $569,363 is for the repayment of bonded indebtedness as follows: 1991 Fire Station Bonds $ 299,363 1999 Certificate of Indebtedness $270,000 Total $ 569.363 BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby adopts the 2000 General and budget as follows: REVENUES Property Taxes $ 3,478,505 General Government $ 1,884,642 License and Permits 579,134 Public Safety 2,016,634 Intergovernmental Revenue 941,975 Public Works 2,706,703 Charges for Current Services 780,693 Other 155,019 Fines and Forfeits 52,000 Miscellaneous Revenue 286,390 Transfers 644,301 Total $ 6,762,998 Total $ 6,762,998 Adopted by the City of Andover this 21st day of December, 1999. ATTEST: Iictoria Volk - City Clerk CITY OF ANDOVER L . /O6ri E. McKelvey - Mayor STATE OF MINNESOTA) COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. 271 -99 adopting the 2000 Property Tax Levy and the 2000 General Fund Budget with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 21st day of December, 1999. lam/ Uv-��i Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 270 -99 A RESOLUTION SETTING FEES FOR TRAILS IN COMMERCIAUINDUSTRIAL AND RESIDENTIAL DEVELOPMENTS. The City Council of the City of Andover hereby resolves: Trail Fee (Commercial /Industrial) The developer is responsible for 100% of the cost of the adjacent trail if the trail is proposed as part of the adopted comprehensive plan. Trail Fee (Residential) Single Family Residence $350 per unit Townhome, Twin home, Multi - Family and Lot Splits These fees shall be effective January 1, 2000 and shall be paid prior to the final plat being recorded at the County. Adopted by the City Council of the City of Andover this 21 st day of December, 1999. CITY OF ANDOVER ATTEST: 9, f�1�^✓ J.E. McKelvey - Mayo L&� 1,& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 269 -99 A RESOLUTION SETTING FEES FOR CASH IN LIEU OF LAND DEDICATION (PARK LAND). The City Council of the City of Andover hereby resolves: Cash in Lieu of Land Dedication (Residential Single Family Residences $1,300 per unit Town Home and Twin Home $1,300 per unit Apartment (Multi - Family) $1,300 per unit Lot Splits $1,300 per unit These fees shall be effective January 1, 2000 and shall be paid prior to the final plat being recorded at the County. Adopted by the City Council of the City of Andover on this 21st day of December. 1999. ATTEST: L& / &� Victoria Volk, City Clerk CITY OF ANDOVER i ' //e n M. E. McKelvey, Ma r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R268 -99 A RESOLUTION APPROVING A MAJOR REVISION TO THE ANDOVER COMPREHESNIVE PLAN WHEREAS, The City Council has authorized the creation of the Comprehensive Plan Task Force to assist in amending the Comprehensive Plan; and WHEREAS, The Comprehensive Plan Task Force has conducted resident surveys, held public meetings, and hosted public workshops in drafting the Comprehensive Plan. WHEREAS, A public hearing was held pursuant to state statutes; and WHEREAS, The Comprehensive Plan Task Force submits a major revision to the existing, 1991 Comprehensive Plan per Minnesota State Statutes ((Minn. Stat. 473.175- 473 -.871 (1996)), said revision being on file at the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Comprehensive Plan Task Force and approves said major revision to the Comprehensive Plan subject to final approval by Metropolitan Council. Adopted by the City Council of the City of Andover on this 21 st day of December, 1999. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk .gkc� J.E. McKelvey, Mayo' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 267 -99 MOTION by Councilmember Knight 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. 99 -36, IN THE SUNRIDGE AREA. WHEREAS, the City Council has received a petition, dated November 30. 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 SEH and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 21st day of December , 19 99, with Councilmembers Knight, Johnson, McKelvey. Jacobson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: A.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 266 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST OF DH LAND COMPANY TO ERECT TWO (2) AREA IDENTIFICATION SIGNS ON THE PROPERTY LOCATED AT 13440 JAY STREET NW, LEGALLY DESCRIBED AS LOT 5, WATT'S GARDEN ACRES. WHEREAS, DH Land Company has requested a Special Use Permit to erect two (2) area identification signs on the property located at 13440 Jay Street NW, legally described as Lot 5, Watt's Garden Acres. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 8.07; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: 1) The sign area for development is larger than five (5 a.) acres. 2) One (1) sign per development is allowed by Special Use Permit. Additional signs shall be reviewed by the Andover Review Committee (ARC) and the Planning Commission and approved by the City Council. 3) The maximum square footage of the sign is thirty -two (32 s.f.) square feet. Page Two Area Identification Signs SUP 99 -30 December 21, 1999 4) The sign is located ten (10') feet from the property line. 5) The Special Use Permit will be subject to annual review by staff. 6) The applicant shall execute a written agreement with the city for the maintenance of the sign. 7) The applicant shall apply for and be granted a sign permit before the erection of the sign. Adopted by the City Council of the City of Andover on this 21st day of December, 1999. ATTEST: L4� azb Victoria Volk, City Clerk CITY OF ANDOVER Z. c,f1 .E. McKelvey, Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R265 -99 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF "SUNRIDGE" BY D.H. LAND COMPANY LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; more WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on said plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council the approval of the plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: 1. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 2. Contingent upon the approval of the Comprehensive Plan Amendment, Contract Rezoning and the Special Use Permit for the Planned Unit Development. If any one 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 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. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 7. A 20' trail easement shall be provided on the east side of Lot 1, Block 1. Adopted by the City Council of the City of Andover this 21st day of December , 19 99 RVOM119 Victoria Volk, City Clerk CITY OF ANDOVER �-L J.E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R264 -99 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF D.H. LAND COMPANY, INC. FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A MIXED USE RESIDENTIAL DEVELOPMENT CONSISTING OF THIRTY -FOUR (34) TO WNHOMES AND ONE SINGLE FAMILY RESIDENTIAL LOT TO BE KNOWN AS THE SUBDIVISION OF "SUNRIDGE" ON THE PROPERTY LEGALLY DESCRIBED BELOW. WHEREAS, D.H. Land Company; Inc. has requested a Special Use Permit for a Planned Unit Development to develop a mixed use residential development consisting of thirty - four townhomes and one single family residential lot to be known as the subdivision of "Sunridge" 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: Lot 5, Watt's Garden Acres, according to the map or plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota; 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 has identified the proposed site as being compatible for multifamily development for the following reasons: 1. The 9.70 acre parcel to be developed as "Suaridge" is adjacent to a major commercial road and a ninety (90) acre commercial park known as Andover Station. Page Two Resolution Special Use Permit - Planned Unit Development Sunridge - D.H. Land Company, Inc. 2. The development of the property into two unit townhomes as proposed would provide a buffer between incompatible land uses (lower density residential and higher density commercial districts). 3. There are very few areas adjacent to commercial districts in the city that lend themselves well to multifamily development based on the buffering of incompatible land use(s) (lower density residential and higher density commercial districts) concept or theory. 4. The project provides for proper screening through landscaping and berming, and setbacks to minimize the negative effects created when abutting a major thoroughfare or commercial district; 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 recommended to the City Council the 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 will allow D.H. Land Company, Inc. to develop a Planned Unit Development on said property with the following conditions: All variances associated with the approval of the Special Use Permit for the Planned Unit Development shall be approved with the approval of the preliminary plat. The development standards listed in the letter from Stephen M. Johnson, Landform Engineering dated November 3, 1999 shall be the 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. H Page Three Resolution - SUP/PUD Sunridge City Council Meeting December 21, 1999 0 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 Sunridge. If any one 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. 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 21st day of December, 1999. ATTEST CITY OF ANDOVER A&' C � 1 G eZ4 Victoria Volk, City Clerk O.E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R263 -99 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION FROM RU, RESIDENTIAL URBAN SINGLE FAMILY TO RM, RESIDENTIAL MEDIUM DENSITY FOR DH LAND COMPANY AT 13440 JAY STREET NW LOT 5, WATTS GARDEN ACRES (PIN 34- 32 -24 -43 -0001) WHEREAS, DH Land Company has petitioned to change the land use district designation from RU, Residential Urban Single Family to RM, Residential Medium Density on approximately 9.7 acres legally described as follows located at 13440 Jay Street NW, legally described as Lot 5, WATTS GARDEN ACRES. 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; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested. WHEREAS, the City Council has identified the proposed site as being compatible for multifamily development for the following reasons: 1. The 9.70 acre parcel to be developed as "Sunridge" is adjacent to a major commercial road and a ninety (90) acre commercial park known as Andover Station. 2. The development of the property into two unit townhomes as proposed would provide a buffer between incompatible land uses (lower density residential and higher density commercial districts). 3. There are very few areas adjacent to commercial districts in the city that lend themselves well to multifamily development based on the buffering of incompatible land use(s) (lower density residential and higher density commercial districts) concept or theory. 4. The project provides for proper screening through landscaping and berming, and setbacks to minimize the negative effects created when abutting a major thoroughfare or commercial district; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves said amendment to the Comprehensive Land Use Plan with the following conditions: Page Two Resolution - Comp. Pan Amendment Sunridge Development City Council Meeting December 21, 1999 Approval by Metropolitan Council. 2. The Comprehensive Plan Amendment shall be contingent upon the approval of the Contract Rezoning, Special Use Permit for a Planned Unit Development and the Preliminary Plat of Sunridge. If any one of these applications or requests fails to be approved, in whole or in part, the Comprehensive Plan Amendment shall be considered null and void. Adopted by the City Council of the City of Andover on this 21st day of December 1999. CITY OF ANDOVER ATTEST: d,&, Victoria Volk, City Clerk AE. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 262 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. 99-39, IN THE AREA OF 1970 - 148TH AVENUE NW. WHEREAS, the City Council has received a petition, dated December 8, 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 City Engineer 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 regular meeting this 21st day of December , 19 99, with Councilmembers Knight, Johnson, McKelvey Jacobson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER i. e� oe' J.E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 261 -99 MOTION by Councilmember Knight 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 -37 FOR SANITARY SEWER AND WATERMAIN IN THE FOLLOWING AREA 1680 ANDOVER BOULEVARD 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 En ig neer and presented to the Council on the 21st day of December , 19 99 ; 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 $ 7,634.75. 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 $ 7.634.75 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a 5 year period. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 21st day of December , 19 99 , with Councilmembers Knight, Johnson, McKelvey. Jacobson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' � • "// / E. McKelvey - Mayor t)4,Z/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R - 260 -99 RESOLUTION ADOPTING THE 2000 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; Drainage and Mapping Lower Rum River Management District Oak Wilt Suppression Forestry Septic Disposal Capital Equipment Reserve Economic Development Authority Adopted by the Andover City Council on this 21 st day of December, 1999. C�IIMiIcow2 p • "S E. McKelvey, May ATTEST: 4' 6&� Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R- 259 -99 RESOLUTION ADOPTING THE 2000 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 deductibles, separation from service pay and other unforeseen losses. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby establishes the 2000 Risk Management budget as submitted in the amount of $31,400 Adopted by the Andover City Council on this 21st day of December, 1999. CITY OF ANDOVER ' S9�K 1 E. McKelvey, May ATTEST: A.tl � 6 Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R - 258 -99 RESOLUTION ESTABLISHING THE 2000 PERMANENT IMPROVEMENT REVOLVING FUND BUDGET. WHEREAS, the Permanent Improvement Revolving Fund was established to provide for the acquisition of equipment of financing of improvement projects deemed appropriate by the City Council; and WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial management for planning and monitoring financial condition; and NOW, THEREFORE BE IT RESOLVED that the City Council of City of Andover hereby establishs the 2000 budget for the Permanent Improvement Revolving Fund. Adopted by the City Council of the City of Andover this 21 st day of December, 1999. CITY OF ANDOVER ATTEST: E. McKelvey, Mayor Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R - 257 -99 RESOLUTION ESTABLISHING THE 2000 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 of the City; and WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial management for planning and monitoring financial condition; and NOW, THEREFORE BE IT RESOLVED that the City Council of City of Andover hereby establish the 2000 budgets for the Water Fund, Sewer Fund and the Central Equipment Fund. Adopted by the City Council of the City of Andover this 21st day of December, 1999. ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER /i <c- E. McKelvey, Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO.R 256 -99 A RESOLUTION ESTABLISHING SERVICE CHARGES TO BE COLLECTED IN 2000. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following service charges are hereby established for the year 2000 Service Charge Well and Septic Locate 30.00 per hour Special Assessment Searches 20.00 City Maps 2.00 Zoning Maps 3.50 Colored Zoning Map 15.00 Copies (per sheet) Up to 8 -1/2 x 14 .25 Oversize .50 18" x 24" 2.50 24" x 36" 3.00 Lar-er sizes 6.00 Copies of Surveys Up to 11" x 17" 5.00 Requested by owner 1.00 Ordinance 8 25.00 Ordinance 10 10.00 All other ordinances 1.00 Notary Fee 3.00 Bad check fee 25.00 Topographical Maps 11.00 per acre Approval of Deeds Abstract Property 25.00 Torrens Property 40.00 Maintenance Cost Recovery Union scale + 25% Research by Staff 25.00 per hr. (Min. $13.00) Administrative Fee 25% of total labor charge Removal of Sediment & Debris from Streets 80.00 / hour (min. 1/2 hour) Adopted by the City Council of the City. of Andover this 21st day of December, 1999. CITY OF ANDOVER Attest: -1. 4 �, E. McKelvey - Mayor U� Victoria Volk - City. Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE, OF MINNESOTA RES. NO. 255 -99 A RESOLUTION ESTABLISHING PERMIT FEES AND SERVICE CHARGES TO BE COLLECTED BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following permit fees and service charges are hereby established for the year 2000 Tvoe of Permit Fee Certificate of Occupancy $ 4.00 Plan Check/Residential 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: 1. State of Minnesota Building Valuation Data, cost per square foot, dated February 1987. 2. Fees for Commercial Buildings shall be computed on the contract bid price. Plan check fee shall be 65% of the permit fee. 3. Permit fee shall be based on the 1994 Uniform 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 21 st day of December 1999. CITY OF ANDOVER Attest: S. 4. G7) aG9 V. E. McKelvey - Mayor L&' d' Victoria Volk - City Clerk resolutions \fees2000 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 254 -99 A RESOLUTION SETTING FEES FOR PERMITS, REZONINGS, SPECIAL USE PERMITS, VARIANCES, PLATTING, LICENSE FEES, LOT SPLITS, RENTAL FEES AND VARIOUS OTHER FEES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following fees are hereby established for the year 2000: Type of Fee Rezoning Public Notification Sign Recording fee for rezoning: Abstract Property Torrens Property Special Use Permit Commercial Residential Amended SUP Public Notification Sign Recording Fee /SUP Abstract Torrens Commercial Site Plan Review Comprehensive Plan Amend. Public Notification Sign Demolition Permits Single Family Structures Two Family Structures Single/Double Garages Barns Multiple Family Structures First Two Units Each Additional Unit Commercial Units -Min. Fee ($2.005100 demolition cost) 2000 Fee 300.00 (includes labels) 25.00 25.00 40.00 250.00 (includes labels) 200.00 (includes labels) 150.00 (includes labels) 25.00 25.00 40.00 1 11 400.00 (includes labels) 25.00 30.00 40.00 10.00 10.00 40.00 10.00 10.00 1 Ordinance 0 0 I D �1 Type of Fee 2000 Fee Ordinance Street Opening Permit 10.00 8 Special Home Occupation Permit 50.00 8 Variances 8 Single Family 125.00 Other Requests 150.00 Sign Permits 1.00 /sq. ft. /side 8 Erected Without Permit 3.00 /sq. ft. /side Plat Fees 10 Pre. Plat Filing Fee 275.00 (includes labels) Pre. Plat Per Acre Fee 25.00 Final Plat Fee 100.00 Plat Escrow Deposit Per Urban Lot 200.00 Per Rural Lot 550.00 Public Notification Sign 25.00 Contractor Licenses 22 Contractor Verification Fee 5.00 Contractor License 25.00 Sewer Availability Charge 1,100.00 32 Lot Split Fee 40 Lot Split 150.00 (includes labels) Public Notification Sign 25.00 Administrative Lot Split 25.00 Recording Fee Abstract 25.00 Torrens 40.00 Fire Hydrant Use Meter Cost (deposit) 55 + Standard Water Rates Garbage Hauler License 50.00 /yr + 25.00 /truck 102 Pawnbroker License 104 New 5,000 /yr Renewal 5,000 /yr 2 Type of Fee 2000 Fee C nance Therapeutic Massage Est. 110 Single Application Fee 200.00 Corporate Application Fee 300.00 Partnership Application Fee 300.00 Renewal Fee 150.00 Massage Therapist 110 Annual License Fee 150.00 Planned Unit Development 250.00 112. (includes labels) Towers & Antennas 250.00 113 (includes labels) Moving of Buildings 200 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 Boarding of Horses 207 Boarding 10.00 per day Impoundment of Horses 25.00/hr /person Transportation (Trailer Rental) 40.00 Stable Fee 3.00 Non - Intoxicating Liquor 213 Off -Sale 75.00 per yr On -Sale 200.00 per yr Tree Trimmer License 214 License Fee 25.00 per yr Plan Check Fee for Trees 60.00 Adult Use Business License 7,500.00 per yr 222 Junkyard License 226 License 200.00 First Reinspection Fee 150.00 Second Reinspection Fee 200.00 Third Reinspection Fee 250.00 Tobacco License 75.00 227 Outdoor Party License 5.00 232 Delivery of Barricades 25.00 3 Type of Fee 2000 Fee 0 `finance Dog License 233 One Year License 3.00 Two Year License 6.00 Commercial Kennel 250.00 (includes labels) Recording Fee: Abstract Property 25.00 Torrens Property 40.00 Renewal 25.00 Private Kennel 50.00 (includes labels) Intoxicating Liquor 235 On -Sale Liquor 4,000.00 /yr On -Sale Wine 500.00 1yr On -Sale Sunday 200.00 /yr Off -Sale Liquor 200.00 /yr Fire 237 Copy of Fire/EMS Inc. Report 20.00 Bldg. Reinspection Fees 42.00/hour Burning Permits 20.00 Fire & Pyrotechnics Special Effects 250.00 Home Occupation Inspect. 42.00/hour Other Inspect. as Requested 42.00/hour Permits outlined in Article 1 25.00 1997 UFC Special Investigation as Requested 42.00/hour Transient Merchant Lic. 50.00 invest. fee 250 False Alarm Fine 75.00 256 Rental Housing License 50.00 /unit 266 (Exc. owner occup) Reinspection Fee Per Call 30.00 Adopted by the City Council of the City of Andover this 21 st day of December, 1999. Attest: &4a ' G-6& Victoria Volk - City Clerk mhar \resol utions\2tee2000. doc 0 CITY OF /ANDOVER E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R253 -99 A RESOLUTION ALLOCATING FINDING FOR THE NORTH St.!BURBA N HOUSING FAIR WHEREAS, The 2 °d annual North Suburban Housing Fair is scheduled for February 19, 2000 at the Anoka Armory; and WHEREAS, said home remodeling fair has served to educate homeowners about redevelopment and remodeling opportunities in the past. NOW THEREFORE, BE IT RESOLVED that the City of Andover approves participation in said home remodeling fair and authorizes $1250 towards fair expenditures from the contingency account. Adopted by the City Council of the City of Andover on this 7th day of December, 1999. CITY OF ANDOVER ATTEST: �. A U &- Victoria Volk, City Clerk E. McKelvey, Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 252 -99 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. _ 99 -18, IN THE SHADOWBROOK 6TH ADDITION AREA. WHEREAS, the City Council has received a petition, dated November 30. 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 TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 7th day of December , 19 99, with Councilmembers Jacobson. Knight, McKelvey. Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' e x_ 0. E. McKelvey -Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R251 -99 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF SHADOWBROOK SIXTH ADDITION BY BUNKER, LLC LOCATED IN SECTIONS 25 & 36, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing on the preliminary plat; 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: A variance from Ordinance 10, Section 9.03(G) to allow the length of cul -de -sac streets of 141 st Avenue and Cottonwood Street/142nd Avenue to exceed the 500' maximum length requirement by 250'. 2. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 3. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No. 10, Section 9.07. Adopted by the City Council of the City of Andover this 7th day of December , 19 99 . ATTEST: 1 't , lf, Victoria Volk, City Clerk CITY OF ANDOVER E. McKelvey, Mayor EXHIBIT A Legal Description That part of Lot 1, Auditor's Subdivision No. 141, Anoka County, Minnesota lying Southerly of County Ditch No. 57, also known as Coon Creek. and All that part of Lot 4, Auditor's Subdivision No. 141, Anoka County, Minnesota, which lies South of the following described line: Commencing at the Southeast corner of said Lot 4; thence North 00 degrees 29 minutes 17 seconds West (orientation of this bearing system is assumed), along the East line of said Lot 4, a distance of 1367.69 feet, to the point of beginning of the line to be described; thence south 79 degrees 46 minutes 33 seconds West, a distance of 328.71 feet to the West line of said Lot 4 and said line there terminates. and All that part of the North Half of the Northeast Quarter of Section 36, Township 32, Range 24, Anoka County, Minnesota, which lies easterly of SHADOWBROOK, northerly of SHADOWBROOK SECOND ADDITION and westerly of SHADOWBROOK THIRD and FIFTH ADDITIONS, according to the recorded plats thereof, on file and of record in the Office of the County Recorder, Anoka County, Minnesota. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 250 -99 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. 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 TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 7th day of December , 19 99, with Councilmembers Jacobson. Orttel, McKelvey. Knight. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . G. J.E. McKelvey - Mayor d r� Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R249 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT TO ERECT ONE AREA IDENTIFICATION SIGN ON THE PROPERTY LOCATED AT 151XX NIGHTINGALE STREET NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 1, WOODLAND ESTATES 2ND ADDITION. WHEREAS, Woodland Development has requested a Special Use Permit to erect one area identification sign on the property located at 151xx Nightingale Street NW, legally described as Lot 1, Block 1 Woodland Estates 2nd Addition, legally described on the attached Exhibit A. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 8.07; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: 1) The sign area for development is larger than five (5 a.) acres. 2) One (1) sign per development is allowed by Special Use Permit. Additional signs shall be reviewed by the Andover Review Committee (ARC) and the Planning Commission and approved by the City Council. 3) The maximum square footage of the sign is thirty -two (32 s.f) square feet. Pagetwo Area Identification Sign SUP 99 -28 November 8, 1999 4) The sign is located ten (10') feet from the property line. 5) The Special Use Permit will be subject to annual review by staff. 6) The applicant shall execute a written agreement with the city for the maintenance of the sign. 7) The applicant shall apply for and be granted a sign permit before the erection of the sign. Adopted by the City Council of the City of Andover on this 7th day of December, 1999. ATTEST: U� Victoria Volk, City Clerk CITY OF ANDOVER A.E. McKelvey, May /r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R248 -99 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAND ESTATES SECOND ADDITION BY WOODLAND DEVELOPMENT CORPORATION LOCATED IN SECTIONS 21 & 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LEGALLY DESCRIBED ON EXHIBIT A. 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 approval of the plat citing the following: 1. A variance from Ordinance 10, Section 9.01(D) to allow the outlots ( Outlots A -C). 2. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 3. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No. 10, Section 9.07. 4. Contingent upon water and sewer trunk being brought to the property. 5. Trail to be constructed along the west side of Nightingale Street NW in accordance with the Andover Comprehensive Plan Trail Plan. 6. Widening of the street sections of Uplander Street, 151st Avenue, Thrush Street, 151 st Lane and again Uplander Street to 35' with no parking on either side of these streets to accommodate a bikeway. Adopted by the City Council of the City of Andover this 7th day of December , 19 99 IySUMIN Victoria Volk, City Clerk CITY OF ANDOVER 1 1 A J.E. McKelvey, Mayor EXHIBIT A The South Half of the North Half of the Southwest Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota, excepting therefrom the South 16.5 feet as measured at right angles to the South line of said North Half of the Southwest Quarter, according to the United States Government Survey thereof. M1 The South 11.00 feet of the North Half of the North Half of the Southwest Quarter of Section 22, Township 32, range 24. and The North 16.5 feet of the South Half of the Southwest Quarter of Section 22, Township 32, Range 24, as measured at right angles to the North line of said South Half of the Southwest Quarter. and The South 16.5 feet of the North Half of the Southwest Quarter of Section 22, Township 32, Range 24, as measured at right angles to the South line of said North Half of the Southwest Quarter. and The South 671.11 feet of the east 316.00 feet of the North Half of the Southeast Quarter of Section 21, Township 32, Range 24, Anoka County, Minnesota. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 247 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN FOR IMPROVEMENT PROJECT 98- 32,13512 -142ND AVENUE 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 WATERMAIN 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 5 years, the first of the installments to be payable on or before the first Monday in January, 2000 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 Knight and adopted by the City Council at a regular meeting this 7th day of December 19 99, with Councilmember Knight, Jacobson, McKelvey. Johnson, Orttel voting in favor of the resolution, and Councilmember none voting against, whereupon said resolution was declared passed. ATTEST: 4 Victoria Volk - City Clerk CITY OF ANDOVER �. J. E. McKelvey'- I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R- 246 -99 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF HILLS INCORPORATED TO VACATE A DRAINAGE AND UTILITY EASEMENT LOCATED AT 13811 PALM STREET NW, LEGALLY DESCRIBED AS OUTLOT C HILLS OF BUNKER LAKE 5TH ADDITION (PINT 34- 32 -24 -14 -0053) WHEREAS, Hills Inc. has requested to vacate the following portion of a drainage and utility easement located at 13811 Palm Street NW, legally described as Outlot C Hills of Bunker Lake 5th Addition, according to the recorded plat thereof, Anoka County, Minnesota, Except the north 5 feet, the west 10.00 feet, and that part lying easterly of the following described line: Commencing at the northeast corner of said Outlot C, thence on an assumed bearing of North 87 degrees 42 minutes 46 seconds West along the north line of said Outlot C, a distance of 34.00 feet and to the point of beginning; thence South 08 degrees 14 minutes 24 seconds East a distance of 66.68 feet; thence South 44 degrees 48 minutes 57 seconds West a distance of 45.32 feet; thence South 88 degrees 57 minutes 39 seconds West a distance of 38.95 feet to a point on the southwesterly line of said Outlot C distant 108.00 feet from the southeast corner of said Outlot C and said line there terminating. 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; and 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 with the following conditions: 1) Review of drainage plan by Anoka County Highway. Adopted by the City Council of the City of Andover on this 7th day of December, 1999. CITY OF ANDOVER G&" Victoria Volk, City Clerk ATTEST iX.E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 245 -99 A RESOLUTION ESTABLISHING 2000 USER FEES FOR THE USE OF FIELDS AND HOCKEY RINKS WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains The following fees are hereby established: TYPE OF FEE FEE - Flat Rate Adult Rec Play $75 per team, per season $10 additional, per player, non- resident fee Youth Rec Play $ 0 per team, per season $ 0 additional, per player, non - resident fee Note: Includes the use of fields for both lighted and non - lighted. Field w/o Lights $15 Fee per hour or (Private Use) $75 Fee per day Field w /Lights $20 Fee per hour or (Private Use) $100 Fee per day Rental of Equipment for Tournament Limer Lime Drag Hose and nozzle Batter's Box Weekend Tournaments Rink Without Lights (Adults) Rink With Lights (Adults) $ 3.00 per tournament $ 3.50 per bag $ 1.50 per tournament $ 1.50 per tournament $ 1.50 per tournament (No Field Maintenance /Adult) $200 tournament fee for the park, plus $150 field usage fee per field (No Field Maintenance/Youth) $200 tournament fee for the park, plus $75 field usage fee per field for all youth organizations not affiliated with Andover youth (With Field Maintenance /Adult) $500 tournament fee for the park, plus $150 field usage fee per field (With Field Maintenance/Youth) $500 tournament fee for the park, plus $75 field usage fee per field for all youth organizations not affiliated with Andover youth Note: 1 day tournaments will be charged 75% of the tournament and field usage fee. $25 (Fee per day) $12 (Fee per hour) Adopted by the City Council of the City of Andover this 7th day of December, 1999. ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER r� E. McKelvey CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 244 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN , PROJECT NO. 99 -37, IN THE AREA OF 1680 ANDOVER BOULEVARD NW. WHEREAS, the City Council has received a petition, dated November 16, 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 City Engineer 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 regular meeting this 7th day of December , 19 99, with Councilmembers Knight, 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: J.E. McKelvey -Mayor/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 243 - 99 A RESOLUTION AMENDING RESOLUTION NO. 038.95 WHICH REVISED RESOLUTION NO. 189 -92 AUTHORIZING CERTAIN EMPLOYEES TO SELL, ASSIGN, TRANSFER AND /OR DELIVER FUNDS. WHEREAS, the City Council of the City of Andover has previously adopted resolution No. 038 -95 authorizing Richard Fursman, Administrator, Jean D. McGann, Finance Director and Shirley Clinton, Treasurer to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this City; and WHEREAS, Jean D. McGann has resigned as Finance Director and James Dickinson was appointed Finance Director. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby revise the authority to sell, assign, transfer and/or deliver any and all stocks, bonds or other securities now or hereafter registered in the name of this city to Richard Fursman, Administrator, James Dickinson, Finance Director and Shirley Clinton, Treasurer. Adopted by the City Council of the City of Andover this 7th day of December , 1999. CITY OF ANDOVER G Attest: X. E. McKelvey - Mayor &..�� Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R242 -99 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT TIME FRAME EXTENSION REQUEST BY FAMILY OF CHRIST CHURCH TO ALLOW FOR THE PLACEMENT OF ONE TEMPORARY CLASSROOM TRAILER FOR A TOTAL OF FIVE (5) YEARS ONTO THE PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW (15- 32- 24 -42- 0006). WHEREAS, Family of Christ Church has requested an Amended Special Use Permit time extension to allow for the placement of one temporary classroom trailer for a total of five (5) years onto the property located at 16045 Nightingale Street NW (PIN 15- 32-24-42- 0006) legally described as follows: The part of the Northwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota lying southerly of the southerly right -of -way line of CSAH No. 20 and lying northwesterly of the following described line: Beginning at a point on the west line of said quarter quarter 663 feet south of the northwest comer thereof, thence east and parallel with the north line thereof 402 feet; thence northeasterly to a point on said southerly right -of -way line 300 feet westerly of east line of said quarter quarter and thence terminating; 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, Section 5.03 & 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit Time Extension as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit Time Extension on said property with the following conditions: Pagetwo SUP 99 -26 Family of Christ Church November 16, 1999 1) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). 2) The temporary classroom trailer shall be removed by the end of November in the year 2003. Adopted by the City Council of the City of Andover on this 16th day of November, 1999. ATTEST: L&.' z�/'K' Victoria Volk, City Clerk CITY OF ANDOVER K O.E. McKelvey, May CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 241 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 97 -26A, HAMILTON SQUARE. WHEREAS, by a resolution passed by the City Council on November 16. 1999, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 97 -26A. 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 7th day of December, 1999 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 Orttel and adopted by the City Council at a regular meeting this 16th day of November , 19 99, with Councilmembers Jacobson Orttel, McKelvey. Johnson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: �u� ��clrue/ �✓�� Victoria Volk - City Clerk CITY OF ANDOVER L. / O.E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 240 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM SEWER FOR PROJECT 97 -26A, HAMILTON SQUARE. 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 $ 29.387.36 so that the total cost of the improvement will be $29,387.36. 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 Project #97 -26 is hereby declared to be $ 29.387.36 less the amount previously paid $18.850.50 the amount to be assessed against benefited property owners is declared to be $10.537.36 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 1st Monday in January, 2000, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 16th day of November, 19 99 , with Councilmembers Jacobson. Orttel, McKelvey, Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: = cdGa�.i Gj,L?� Victoria Volk - City Clerk CITY OF ANDOVER Y �l, J.E. McKelvey- Mayor CITY OF ANDOVER COUNTY OF ANOKA ,STATE OF MINNESOTA RESOLUTION NO. 239 -99 A RESOLUTION APPROVING THE VARIANCE REQUEST OF TERRIS AND DIANA BLESI TO CONSTRUCT A SIX (6) FOOT HIGH FENCE IN THE FRONT YARD ON THE PROPERTY LOCATED AT 831 CROSSTOWN BOULEVARD NW, LEGALLY DESCRIBED AS: THAT PART OF THE NE %4 OF THE NE %4 OF SECTION 23, TOWNSSHIP 32, RANGE 24, LYING NLY OF C/L OF CSAH NO. 18 AND LYING E OF FOLLOWING DESCRIBED LINE, BEGINNING AT A POINT ON NORTH LINE OF SD '/4 %4 370 FEET W OF NE CORNER THEREOF, TH S PRLL/W EAST LINE of SD 1/4 %4 TO SD CIL AND SD LINE THERE TERM, EXCLUDING RD, SUBJ TO EASEMENTS OF RECORD. WHEREAS, Terris and Diana Blesi requested a variance to Ordinance No. 8, Section 4.21 which requires a four (4) foot high fence to be located in the front yard and to allow for the placement and construction of a six (6) foot high fence in the front yard on the property located at 831 Crosstown Boulevard NW. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that the request does meet the criteria for granting a variance as stated in Ordinance No. 8, Section 5.04 in the fact that a hardship exists due to the property being in close proximity to a county road and its unique shape; 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 Terris and Diana Blesi to construct a fence which exceeds the four (4) foot maximum height requirement in the front yard on the property located at 831 Crosstown Boulevard NW, legally described above. Adopted by the City Council of the City of Andover on this 16th day of November 1999. ATTEST: L 61& Victoria Volk, City Clerk CITY OF ANDOVER i � - ?" KL' E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOiCA STATE OF MINNESOTA RES. NO. R238 -99 A RESOLUTION DENYING AN AMENDED SPECIAL USE PERMIT FOR THE CONSTUCTION OF A SIXTEEN (16) INCH NATURAL GAS PIPELINE PURSUANT TO ORDINANCE NO. 8, SECTION 7.01 FOR NORTHERN NATURAL GAS COMPANY. WHEREAS, Northern Natural Gas Company has requested an Amended Special Use Permit to construct a sixteen (16) inch natural gas pipeline pursuant to Ordinance No. 8, Section 7.01 legally described as follows: Commencing from the Northern Natural gas meter station located in the Northeast Quarter of the Northwest Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota (PIN 25- 32 -24 -22- 0001); thence west northwesterly along the existing Northern Natural Gas pipeline easement as filed with Anoka County to the intersection with the western corporate limits of the City of Andover. WHEREAS, the Planning and Zoning Commission has held a public hearing pursuant to state. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the Amended Special Use Permit on said property for the following reasons pursuant to Ordinance 8, Section 5.03: 1) Too many houses along the proposed line. 2) Negative affect on the valuation and scenic views of adjacent properties. Adopted by the City Council of the City of Andover on this 16th day of November, 1999. CITY OF ANDOVER ATTEST: � �� Victoria Volk, City Clerk .E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 237 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION EXTENDING THE BID AWARD PERIOD FOR 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 August 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 March 1, 2000. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 16th day of November , 19 99 , with Councilmembers Jacobson. Knight, McKelvey, Johnson Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: k 1. h?` K s E. McKelvey - Mayor ( U1& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 236 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98 -22A FOR WELL PUMPHOUSE #7. WHEREAS, pursuant to Resolution No. 048 -99 , adopted by the City Council on the 16th day of February , 19 99 , TKDA has prepared final plans and specifications for Project 98 -22A for Well Pumphouse #7. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of November , 19 99 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 11:00 AM I January y 6 , 20 00 at the Andover City Hall. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 16th day of November , 19 99, with Councilmembers Jacobson. Johnson, McKelvey. Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: d.&l Victoria Volk - City Clerk CITY OF ANDOVER 7• / //G n E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R235 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT TO ERECT ONE (1) REAL ESTATE SIGN ALONG VERDIN STREET ON THE PROPERTY LOCATED AT 2364 169TH LANE NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 1, WOODLAND MEADOWS 3RD ADDITION. WHEREAS, Woodland Development has requested a Special Use Permit to erect one (1) real estate sign, to market Woodland Meadows 3rd Addition, along Verdin Street on the property located at 2364 169th Lane NW legally described as Lot 1, Block 1, Woodland Meadows 3rd 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 8.07; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: 1. The area for development is larger than five (5) acres. 2. The signs shall be located at least one hundred thirty (130') feet from any residential structure. The signs shall be located ten (10') feet from any property line. 4. The sign area shall not exceed thirty -four (34 s.£) square feet. Page two SUP 99 -27 5. An agreement is made to remove the sign within two (2) years unless an extension of time is granted by the governing body; after approval of a Special Use Permit has been granted. 6. The Special Use Permit will be subject to annual review by staff. Adopted by the City Council of the City of Andover on this 16th day of November, 1999. ATTEST: L 1..z.,,.. UW4 Victoria Volk, City Clerk CITY OF ANDOVER '�"� .E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R234 -99 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE BULK STORAGE OF LIQUID FUELS PURSUANT TO ORDINANCE NO. 8, SECTION 4.26 FOR PUMP AND METER SERVICE ON PROPERTY OWNED BY KOTTKE BUS COMPANY LOCATED AT 13625 JAY STREET NW (PIN 34- 32- 24 -41- 0010). WHEREAS, Pump and Meter Service has requested an Amended Special Use Permit for the installation of a 6,000 gallon underground waste oil storage tank on property owned by Kottke Bus Company pursuant to Ordinance No. 8, Section 4.26 on property located at 13625 Jay Street NW, legally described as follows: Lot 15 WATTS GARDEN ACRES, Anoka County, Minnesota; except the east 415 feet thereof; also 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, Section 4.26 and 5.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following conditions: 1) That the applicant shall provide to the City, in writing, proof that the tanks meet all State and Federal requirements and installation regulations. 2) That the Andover Fire Marshall inspect the tank and its installation. 3) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). 4) That the Special Use Permit shall be subject to annual review Adopted by the City Council of the City of Andover on this 16th day of November 1999. ATTEST: Ldut U� Victoria Volk, City Clerk CITY OF ANDOVER )G�4- E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R233 -99 A RESOLUTION DIVIDING THE CITY OF ANDOVER INTO NINE (9) VOTING PRECINCTS, SETTING FORTH BOUNDARIES AND POLLING PLACES FOR EACH. WHEREAS, there has been a sizable increase in the number of registered voters in the City of Andover; and WHEREAS, the current polling places are not of sufficient size to handle the large numbers of voters. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby revise the voting precincts and designate new polling places, to be effective with the State Primary Election to be held Tuesday, September 12, 2000. Precinct #1 All that area south of 181st Avenue NW from Round Lake Boulevard (CR 9) west along 157th Avenue (CR 20) to County Road 7, north to 159th Avenue NW and west to the Rum River. Polling Place: Hope Lutheran Church 16180 Round Lake Boulevard Precinct #2 All that area west of Round Lake Boulevard (CR 9) to the Rum River, south of 157th Avenue and north of Bunker Lake Boulevard (CR 116). Polling Place: Grace Lutheran Church 13655 Round Lake Boulevard Precinct #3 All that area lying between Hanson Boulevard (CR 78) and Round Lake Boulevard (CR 9), south of Bunker Lake Boulevard (CR 116) and north of 133rd Avenue NW. Polling Place: Riverdale Assembly of God Church 3210 Bunker Lake Boulevard Precinct #4 All that area lying east of Round Lake Boulevard (CR 9) to County Ditch 57 (Coon Creek), north of Bunker Lake Boulevard (CR 116) and south of South Coon Creek Drive. Polling Place: The Farmstead (Presbyterian Homes) 13733 Quay Street NW Precinct #5 All that area lying west of Hanson Boulevard (CR 78) to County Ditch 57 (Coon Creek), north of Bunker Lake Boulevard (CR 116) and south of a line from County Ditch 57 (Coon Creek) along South Creek Drive to Crosstown Boulevard and north on Crosstown Boulevard to Andover Boulevard (CR 16). Polling Place: Meadow Creek church 3037 Bunker Lake Boulevard Precinct #6 All that area lying east of Hanson Boulevard (CR 78) to the easterly city limits, south of Andover Boulevard (CR 16) and north of 133rd Avenue. Polling Place: Bunker Hills Activity Center 550 Bunker Lake Boulevard Precinct #7 All that area lying north ofAndover Boulevard between Hanson Boulevard (CR 78) and the easterly city limits, south of a line from Hanson Boulevard east along County Road 20 (161st Avenue) to County Road 60 to Old Constance Boulevard and following Old Constance Boulevard to University Avenue. Polling Place: World of Pentecost Church 16180 Crosstown Boulevard Precinct #8 All that area lying west of Hanson Boulevard (CR 78) to Round Lake Boulevard (CR 9), north of South Coon Creek Drive and south of County Road 20. Polling Place: Family of Christ Lutheran Church 16045 Nightingale Street NW Precinct #9 All that area south of 181st Avenue between Round Lake Boulevard (CR 9) and the easterly city limits, south of 181st Avenue and north of a line going east along County Road 20 (161st Avenue) to County Road 60 to Old Constance Boulevard, following Old Constance Boulevard to University Avenue. Polling Place: Prairie Oak Community Church 1657 -161st Avenue NW Adopted by the City Council of the City of Andover this 16th day of November ,1999. CITY OF ANDOVER Attest: �• . E. McKel-�-ey -Mayo �l, Via✓ � %�Li" Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 232 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 1 and COMPENSATING CHANGE ORDER TO PROJECT NO. 98 -11, JAY STREET RECONSTRUCTION. WHEREAS, the City of Andover has a contract for Project No. 98 -11 with Forest Lake Contracting of Forest Lake, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 98 -11. Adopted by the City Council of the City of Andover this 9th day of November , 1999. CITY OF ANDOVER ATTEST: f .E. McKelvey - Mayor Lam- af�el& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 231 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO Forest Lake Contracting FOR PROJECT NO. 98 -11 FOR THE IMPROVEMENT OF Jay Street Reconstruction . WHEREAS, pursuant to a written contract signed with the City of Andover on September 15, 1998, Forest Lake Construction of Forest Lake. MN , has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Orttel and adopted by the City Council at a special meeting this 9th day of November , 19 99, with Councilmembers Jacobson. Orttel, McKelvey Johnson, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. ATTEST: //_.. d, Victoria Volk - City Clerk CITY OF ANDOVER • �, " !i J.E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 230 -99 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99 -17 FOR ANDOVER STATION /MARTIN STREET. WHEREAS, pursuant to Resolution No. 005 -99 , adopted by the City Council on the 30th day of March 19 99, TKDA has prepared final plans and specifications for Project 99 -17 for Andover Station /Martin Street. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 9th day of November , 19 99 . 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 EDA of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. January , 2000 at the Andover City Hall. Adopted by the Andover City Council the 9th day of November, 1999. CITY OF ANDOVER ATTEST: z, /WC, R J.E. McKelvey - Mayor U Victoria Volk City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 229 -99 MOTION by Council member Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS FOR PROJECT NO. 98 -11A FOR JAY STREET LANDSCAPING. WHEREAS, pursuant to Resolution No. 005-99, adopted by the EDA on the 16th day of February , 19 99, TKDA has prepared final plans and specifications for Project 98 -11A for Jay Street Landscaping. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 9th day of November , 19 99 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:30 a.m. January 16 2000 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a special meeting this 9th day of November , 19 99, with Councilmembers Jacobson. Orttel, McKelvey. Johnson. Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 228 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO E & H EARTH MOVERS, INC. FOR PROJECT NO. 97 -2 FOR THE IMPROVEMENT OF ANDOVER COMMERCIAL PARK (PHASE ll) . WHEREAS, pursuant to a written contract signed with the City of Andover on July 21, 1998, E & H Earth Movers. Inc. of Lake Elmo. 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 contractors receipt in full. MOTION seconded by Councilmember Orttel and adopted by the City Council at a special meeting this 9th day of November , 19 99 , with Councilmembers Jacobson. Orttel, McKelvey, Johnson. Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. ATTEST: ZJ V"?` Victoria Volk - City Clerk CITY OF ANDOVER Lx E. McKelvey - Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 227 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 4 TO PROJECT NO. 97 -2, ANDOVER COMMERCIAL PARK (PHASE II) .. WHEREAS, the City of Andover has a contract for Project No. 97 -2 with E & H Earth Movers. Inc. of Lake Elmo, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 97 -2. Adopted by the City Council of the City of Andover this 9th day of November , 1999. CITY OF ANDOVER ATTEST: i ' - I E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R226 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR TWO (2) LIQUOR LICENSES AT 19XX BUNKER LAKE BLVD NW, LOT 2, BLOCK 1, ANDOVER STATION FOR 116, LLC. WHEREAS, 116, LLC has petitioned for a special use permit for two (2) liquor licenses for a steak house and sports bar \arcade, respectively located at 19xx Bunker Lake Blvd NW, legally described as Lot 2, Block 1, ANDOVER STATION; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 5.03 & 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the special use permit on said property with the following condition: 1) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). 2) That the Special Use Permit be subject to annual review and site inspection. 3) That liquor service outside the steak house and sports bar \arcade is limited to 2,000 square feet for each facility and is limited to the courtyard area between the proposed facilities with controlled access for facility patrons only. 4) The special use permit is contingent upon obtaining liquor licenses for the facilities Adopted by the City Council of the City of Andover on this 2 —d day of November, 1999. ATTEST: 1 . - dw' Victoria Volk, City Clerk CITY OF ANDOVER E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 225 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR A LIQUOR LICENSE AT 135XX MARTIN STREET NW, LOT 3, BLOCK 1, ANDOVER STATION FOR 116, LLC. WHEREAS, 116, LLC has petitioned for a special use permit for a liquor license for a proposed banquet building at 135xx Martin Street NW, legally described as Lot 3, Block 1, ANDOVER STATION; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 5.03 & 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the special use permit on said property with the following condition: 1) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d)• 2) That the Special Use Permit be subject to annual review and site inspection. 3) That liquor service outside the banquet building is limited to the courtyard area between the proposed facility and-Martin Street NW, not to exceed 17,000 square feet with a controlled access. 4) The special use permit is contingent upon obtaining a liquor license. Adopted by the City Council of the City of Andover on this 2 "a day of November, 1999. ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER tI.E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R224 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR LAND RECLAMATION FOR DIONICIO BORJA ON LAND LOCATED AT 27XX SOUTH COON CREEK DRIVE NW (PIN 28- 32-24-13- 0003). WHEREAS, Dionicio Borja has requested a Special Use Permit for land reclamation comprising of 2,600 cubic yards on land located at 27xx South Coon Creek Drive NW, legally described as follows: The East Half of the Southwest Quarter of the Northeast Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 4.23 & 5.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: 1) Submittal of a finished grading plan identifying the 100 -year flood elevation and flood fringe zones and abiding by the provisions of Ordinance 8, Section 4.23. 2) That the land reclamation area exclude areas within the 100 -year flood elevation. 3) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). Page Two SUP 99 -17 Land Reclamation — Bor a November 2, 1999 Adopted by the City Council of the City of Andover on this 2 —d day of November 1999. ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER .E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 223 -99 A RESOLUTION GRANTING THE VARIANCE REQUEST OF JOHN STINSON TO ALLOW FOR AN EXISTING PRINCIPAL STRUCUTRE TO ENCROACH 5 FEET INTO THE FRONTYARD SETBACK AND TO ALLOW FOR AN ADDITION TO AN ATTACHED GARAGE WHICH WILL ENCROACH 12.1 FEET INTO THE SIDEYARD SETBACK FROM THE STREET AND ORDINANCE NO. 8, SECTION 4.03 - TO ALLOW ALTERATIONS TO A NON - CONFORMING STRUCTURE ON THE PROPERTY LOCATED AT 2551136TH AVENUE NW, LEGALLY DESRIBED AS LOT 1, BLOCK 3, HIDDEN CREEK ADDITION. WHEREAS, John Stinson has requested a variance to Ordinance No. 8, Sections 6.02 and 4.03. 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 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 hereby approves the variance requested by John Stinson to Ordinance No. 8, Sections 6.02 and 4.03 on the property located at 2551 136th Avenue NW, legally described as Lot 1, Block 3, Hidden Creek Addition. Adopted by the City Council of the City of Andover this 2nd day of November, 1999. ATTEST: U� Victoria Volk, City Clerk CITY OF ANDOVER t E. McKelvey, Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 222 -99 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER AND /OR STREET LIGHTING SERVICE CHARGES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water and/or street lighting service charges. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 2000 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 Council member Jacobson , seconded by Council member Knight and adopted by the City Council of the City of Andover on this 2nd day of November, 1999. ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 221 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ACI ASPHALT FOR PROJECT NO. 96 -1 FOR THE IMPROVEMENT OF KELSEY -ROUND LAKE PARK. WHEREAS, pursuant to a written contract signed with the City of Andover on May 4, 1999, ACI Asphalt of Brooklyn Center. 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 Knight and adopted by the City Council at a regular meeting this 2nd day of November , 19 99, with Councilmembers Jacobson. Knight, McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. ATTEST: _: &&11 Victoria Volk - City Clerk CITY OF ANDOVER • � L E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 220 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 1 TO PROJECT NO. 96 -1, KELSEY -ROUND LAKE PARK. WHEREAS, the City of Andover has a contract for Project No. 96 -1 with ACI Asphalt of Brooklyn Center, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96 -1. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 2nd day of November , 19 99 , with Councilmembers Jacobson. Knight, McKelvey. Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: � ;V, 1 J.E. McKelvey - Mayor L zl Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 219 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 98 -32 3512 - 142ND AVENUE NW. WHEREAS, by a resolution passed by the City Council on October 5, 1999, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 98 -32. 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 7th day of December, 1999 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 Knight and adopted by the City Council at a regular meeting this 2nd day of November , 19 99 , with Councilmembers Jacobson. Knight, McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF K ANDOVER ATTEST: , /NDG fi e 6.( J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R218 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR THE RELOCATION OF A STRUCTURE (HOME) TO 159XX CROSSTOWN BLVD. NW BY GARY CRIDER ON PROPERTY OWNED BY WILLIAM NORLUND (PIN 13- 32-24-32- 0006). WHEREAS, Gary Crider has petitioned for a special use permit to relocate a home from 1554 1315 Avenue NW in Coon Rapids to 159xx Crosstown Blvd. NW on property owned by William Norlund, legally described as follows: The South Half of the Northwest Quarter of the Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota; except the North 330 feet of the West 330 feet thereof; 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 Ordinances No. 200 and 8, Section 5.03 & ; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the special use permit on said property with the following condition: 1) That the Special Use Permit 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 permanent foundation within thirty (30) days of the issuance of a building permit. 4) That a primary and secondary septic area be identified and duly protected per Ordinance 10, Section 9.07. Adopted by the City Council of the City of Andover on this 2 —d day of November, 1999. ►arkm *m 6QZ, Victoria Volk, City Clerk CITY OF ANDOVER �, k, J.E. McKelvey, Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 217 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST FOR GARY CRIDER TO CONSTRUCT AN ACCESSORY STRUCTURE PRIOR TO THE PLACEMENT OF A PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT 159XX CROSSTOWN BOULEVARD NW (PIN 13- 32- 24 -32- 0006). WHEREAS, Gary Crider has requested a Special Use Permit to allow for the construction of an accessory structure prior to the placement of a principle structure on the property located at 159xx Crosstown Boulevard NW (PIN 13- 32 -24 -32 -0006) legally described as follows: The South Half of the Northwest Quarter of the Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota; except the North 330 feet of the West 330 feet thereof, 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, Section 5.03 & 4.05; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. Page Two SUP 99 -23 Accessory Building November 2, 1999 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 a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). 2) The applicant shall place the structure in accordance with the minimum setback requirements of the R -1, Single Family Rural, zoning district. 3) The applicant shall place the accessory structure so as to accommodate the future placement and construction of a principal structure. 4) The applicant must place a permanent structure onto the property within ninety (90) days after the completion of the accessory structure. Adopted by the City Council of the City of Andover on this 2nd -day of November, 1999. ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER .E. McKelvey, May CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 216 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST OF GOR -EM, LLC TO ERECT ONE (1) REAL ESTATE SIGN ALONG NIGHTINGALE STREET ON THE PROPERTY LOCATED AT 15302 MARTIN STREET, LEGALLY DESCRIBED AS LOT 8, BLOCK 1, FOX HOLLOW (PIN 22- 32 -24 -13 -0023) . WHEREAS, Gor -em, LLC has requested a Special Use Permit to erect one (1) real estate sign, to market the Fox Hollow Subdivision, along Nightingale Street on the property located at 15302 Martin Street legally described as Lot 8, Block 1, Fox Hollow (PIN 22- 32- 24- 13- 0023); and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 8.07; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: The area for development is larger than five (5) acres. Page two SUP 99 -22 Real Estate Sign November 2, 1999 2. The signs shall be located at least one hundred thirty (130') feet from any residential structure. 3. The signs shall be located ten (10') feet from any property line. 4. The sign area shall not exceed thirty -four (34 s.f.) square feet. 5. An agreement is made to remove the sign within two years unless an extension of time is granted by the governing body; after approval of a Special Use Permit has been granted. 6. The Special Use Permit will be subject to annual review by staff. Adopted by the City Council of the City of Andover on this 2nd day of November, 1999. ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER . Z. kc, E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 215 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST OF GOR -EM,. LLC TO ERECT ONE (1) REAL ESTATE SIGN ALONG HANSON BOULEVARD NW ON THE PROPERTY LOCATED AT 1641155TH AVENUE, LEGALLY DESCRIBED AS LOT 4, BLOCK 8, FOX HOLLOW (PIN 22- 32 -24 -11 -0022) . WHEREAS, Gor -em, LLC has requested a Special Use Permit to erect one (1) real estate sign, to market the Fox Hollow Subdivision, along Hanson Boulevard on the property located at 1641 155th Avenue NW legally described as Lot 4, Block 8, Fox Hollow (PIN 22- 32- 24 -11- 0022); and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 8.07; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: The area for development is at least five (5) acres or more. Page two Real Estate Sign SUP 99 -21 November 2, 1999 2. The sign shall be located at least one hundred thirty (130') feet from any residential structure. The sign shall be located ten (10') feet from any property line. 4. The sign area shall not exceed thirty-four (34 s.f.) square feet. 5. An agreement is made to remove the sign within two years unless an extension of time is granted by the governing body; after approval of a Special Use Permit has been granted. 6. The Special Use Permit will be subject to annual review by staff. The owner shall be responsible for the maintenance of the sign. Adopted by the City Council of the City of Andover on this 2nd day of November, 1999. ATTEST: L�� Victoria Volk, City Clerk CITY OF ANDOVER J. E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 214 -99 A RESOLUTION AUTHORIZING A TAX RATE INCREASE FOR THE 1999 TAX LEVY, COLLECTIBLE IN 2000. 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 fix a property tax rate for taxes payable in the year 2000 that is higher than the tax rate calculated pursuant to Minnesota Statutes $ 204B.135 for the City for taxes levied in 1998, collectible in 1999. Adoption of this resolution does not prohibit the City from certifying a final 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 October, 1999. CITY OF ANDOVER ATTEST: ATTE..ST:: ��// I. NC L t U /—.'McKelvey -Mayo Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 213 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NO. 99 -2 FOR HAWKRIDGE PARK WELL. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 190 -99 , dated September 7, 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 reject the bids. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of October , 19 99 , with Councilmembers Jacobson, Knight, McKelvey, Johnson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' 2 9° //I11)C /1 YiC�. (.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 212 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREETS AND STORM SEWER , PROJECT NO. 97 -35, THE FARMSTEAD. WHEREAS, the property owner 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. Such assessment 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, 2000 and shall bear interest at a rate of 6 percent per annum from the date of the adoption of this assessment resolution. 2. 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 Knight and adopted by the City Council at a regular meeting this 19th day of October , 19 99 , with Councilmembers Jacobson. Knight, McKelvey, Johnson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: g - J.E. McKelvey -Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 211 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN PROJECT NO. 99- 19. 3580 - 144TH 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 5 years, the first of the installments to be payable on or before the 1st Monday in January, 2000 and shall bear interest at a rate of 6 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 Knight and adopted by the City Council at a regular meeting this 19th day of October , 19 99 , with Councilmembers Jacobson. Knight, McKelvey. Johnson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: i z • I& J.E. McKelvey - May Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 210 -99 MOTION by Councilmember Jacobson 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 -19, 3580 - 144TH 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 $ 17.716.13 so that the total cost of the improvement will be $17,716.13 . 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 $ 17,716.13 . 2. Assessments 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 1st Monday in January, 2000 , and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of October, 19 99 , with Councilmembers Jacobson. Knight, McKelvey, Johnson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY �pOF ANDOVER ATTEST: g. L E. McKelvey - Mayor azll Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R209 -99 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT REQUEST OF CONSTANCE FREE CHURCH TO ALLOW FOR THE PLACEMENT OF FOUR (4) TEMPORARY CLASSROOM TRAILERS ONTO THE PARKING LOT AT THE PROPERTY LOCATED AT 16150 CROSSTOWN BLVD. NW (PIN 14- 32 -24 -14 -0001, 0003, 0005). WHEREAS, Constance Free Church has requested an Amended Special Use Permit to allow the placement of four (4) temporary classroom trailers onto the church parking lot at the property located at 16150 Crosstown Blvd. NW (PIN 14- 32 -24 -14 -0001, 0003, 0005) legally described as follows: That part of the East 971.35 feet of the Southeast Quarter of the Northeast Quarter of Section 14, Township 32, Range 24, Anoka County Minnesota, lying southerly of the North 103 feet thereof. (As measured along the South and East lines thereof.) Except that part described as follows: Beginning at a point on the East line of said quarter quarter 103 feet South of the Northeast corner thereof: thence south along the said east line 660.20 feet; thence west parallel with the north line of said quarter, 330 feet; thence north parallel with said east line 660.20 feet; thence east parallel with said north line to the point of the beginning. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 5.03 & 7.03; 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 Page two SUP 99 -16 Constance Free Church October 19, 1999 WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following conditions: 1) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). 2) The applicant shall receive Commercial Site Plan approval from the city prior to the placement of the temporary classroom trailers on said property. 3) The four (4) temporary classrooms shall be removed within ninety (90) days after approval by the City Council. Adopted by the City Council of the City of Andover on this 19th day of October, 1999. ATTEST: 6 Victoria Volk, City Clerk CITY OF ANDOVER A McKelvey, Ma r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 208 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION RECEIVING BIDS FOR 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 August 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 receive bids. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 5th day of October , 19 99 , with Councilmembers Jacobson. Knight, McKelvey. Johnson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' 5�• / E. McKelvey - Mayo 64� Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 8207 -99 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION FROM RR, RESIDENTIAL RURAL TO RU, RESIDENTIAL URBAN SINGLE FAMILY FOR ASHFORD DEVELOPMENT CORPORATION, INC. AT 14XX 161sT AVENUE NW (PIN 14- 32- 24 -32- 0014). WHEREAS, Ashford Development Corporation, Inc. has petitioned to change the land use district designation from RR, Residential Rural to RU, Residential Urban Single Family on approximately 13.7 acres legally described as follows: The Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. Except the West 660.00 feet of the south 555.80 feet of the North 1184.86 feet as measures at right angles to the North and West lines thereof. Also except the North 689.06 feet of that part of said Northwest Quarter of the Southwest Quarter lying West of the East 300.00 feet as measured at right angles to the North and West lines. Also except the North 463 feet of the East 270 feet of said Northwest Quarter of the Southwest Quarter as measured at right angles to the North and East lines thereof. Also except that part of the property platted as CHESTERTON COMMONS NORTH ADDITION. Subject to County State Aid Highway No. 20, County State Aid Highway NO. 78, and easements of record, if any. And 'Bat part of the North 689.06 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota as measured at right angles to the North line thereof tying West of the East 300 feet as measured at right angles to the East line thereof and lying East of the West 660 feet as measure as right angles to he West line thereof. Except there from the North 397.00 feet as measure at right angles to the North line thereof lying West of the East 330 feet as measured at right angles from the East line thereof and lying East of the West 660 feet as measured from the West line thereof. Subject to County Star Aid Highway No. 20 as delineated in Anoka County Highway Right -of -Way Plat No. 20. Subject to easements of record, if any. 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; 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: Approval by Metropolitan Council. Adopted by the City Council of the City of Andover this 5th day of October , 1999. CITY OF ANDOVER Attest: E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 206 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN , FOR PROJECT 98 -32, 3512 - 142ND AVENUE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 4.267.35 so that the total cost of the improvement will be $ 4.267.35 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -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 5 years. The first of the installments to be payable on or before the 1st Monday in January 2000 , and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 5th day of October, 19 99 , with Councilmembers Jacobson. Knight, McKelvey. Johnson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER r ATTEST: � • T.E. McKelvey -Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 205 -99 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 97 -35, THE FARMSTEAD. 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 $ 117.096.76 so that the total cost of the improvement will be $117.096.76. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 117.096.76 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 1st Monday in January 2000, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 5th day of October, 19 99 , with Councilmembers Jacobson. Knight, McKelvey, Johnson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: �� 44 &_ Victoria Volk - City Clerk CITY OF ANDOVER E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 204 -99 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. 99 -34 FOR SUNSHINE PARK PARKING LOT & TRAIL IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the parking lot and trail; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of parking lot & trail-, Project 99 -34; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Citv Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 5th day of October , 19 99 , with Councilmembers Jacobson. Knight, McKelvey. Johnson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: // Victoria Volk - City Clerk CITY OF ANDOVER h X.E. McKelvey - May CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.203 -99 A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT UTILITY SERVICES CHARGES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges in the amount of $ 21,372.83 exist as of September 30, 1999; 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 $ 21,372.83 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 2000, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate the proper amount to be assessed against every assessable lot, piece or parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the Clerk's office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the City Council of the City of Andover this 5th day of October. 1999. CITY OF ANDOVER ATTEST: O.E. McKelvey - Mayor 0,.e4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 202 -99 v ^/ A RESOLUTION AUTHORIZING A TAX RATE INCREASE FOR THE 1999 TAX LEVY, COLLECTIBLE IN 2000. 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 fix a property tax rate for taxes payable in the year 2000 that is higher than the tax rate calculated pursuant to Minnesota Statutes § 204B.135 for the City for taxes levied in 1998, collectible in 1999. Adoption of this resolution does not prohibit the City from certifying a final 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 5th day of October, 1999. CITY OF ANDOVER ATTEST: �... �� . E. McKelvey -Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 201 -99 MOTION by Councilmember Jacobson to adopt the following A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT UTILITY SERVICES CHARGES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges in the amount of $ 21,372.83 exist as of September 30, 1999; 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 $ 21,372.83 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 2000, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate the proper amount to be assessed against every assessable lot, piece or parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the Clerk's office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 5th day of October , 19 99, with Councilmembers Jacobson. Knight, Johnson, Orttel voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY �DOF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk No. 200 -99 RESOLUTION AND ORJER FOR ABATEMENT CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA IN THE MATTER OF THE hazardous and substandard building located at 3994 146' Lane NW in the City of Andover, Anoka County, Minnesota, and !egally described as Lot 27, Block 1, The Meadows of Round Lake, Anoka County, Minnesota. 1. Pursuant to Minn. Stat. § 463.15 through § 463.261 (1998), the City Council of the City of Andover, having duly considered the matter, finds the above- described building to be a hazardous and substandard building for the following reasons: a. No certificate of occupancy has been issued by the City of Andover as required by City Ordinance; b. The property is currently occupied and utilized as a private residence. C. The Minnesota Building Code, as adopted by Andover City Ordinance, prohibits persons from using or occupying a structure without a certificate of occupancy issued by the City; d. Minnesota Rule 1305.0102 (1998) authorizes the City to abate unsafe buildings pursuant to the above - referenced Minnesota Statutes; e. The City has not been able to perform a final inspection and determination of fitness for occupancy; f. The premises is currently occupied by a family which includes five children; g. Occupancy of a place of residence without benefit of final inspection and certificate of occupancy constitutes a hazard to public safety. 2. Pursuant to the foregoing findings and in accordance with Minn. Stat. § § 463.15 through 463.261, the City Council hereby orders the record owners of the 1 3remises, their represn:)tatives, all persons in interests, and all persons in possession, :o abate, correct and - emove the hazardous and substandard condition by vacating zhe premises forthwith, by ceasing to use the premises as a place of residence and to provide for proper inspections by the City and the acquisition of a certificate of occupancy, all within twenty (20) days of the service of this order. The Council further orders that all personal property and fixtures that may unreasonably interfere with the abatement, correction and removal of the hazardous and substandard condition shall be removed within twenty (20) days. If not so removed, the City of Andover may remove such property, fixtures and, at its option, store or dispose of such property at public auction in accordance with Minnesota Law. 3. The City Council further orders that unless all such corrective action is taken or answer served upon the attorney for the City of Andover within twenty (20) days from the service of this order, a motion for summary enforcement of this order will be made to the district court of Anoka County. 4. The City Council further orders that if the City is compelled to take any corrective action herein, all necessary costs expended by the City will be assessed against the real estate concerned and collected in accordance with Minn. Stat. § 463.22 (1998). 5. The City Administrator, City Clerk, City Attorney, Anoka County Sheriff, and any officers and employees of the City and Anoka County Sheriff are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order and to assess the cost thereof against the real estate described above for collection along with the tax. 6. The Council further orders that if the terms of this order and any 2 resulting judgment issued by the dis:iict court are not fully .-omplied with in the time prescribed, thf: City shall cause the building to be repaired and the hazardous or substandard condition corrected and abated, if possible. if not possible, the building shall be razed or removed or the City may acquire the building and the real estate by eminent domain as provided in Minn. Stat. § 463.152. 1999. Adopted by the City Council this 21st day of September 3 Mayor City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: September 21, 1999 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 21st day of September, 1999, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the sale of, $3,525,000 General Obligation Improvement Bonds of 1999 of the City. The following members were present: Mayor McKelvey and Council members Orttel, Knight, Johnson, and Jacobson and the following were absent: NONE Member Orttel introduced the following resolution and moved its adoption: No. 199 -99 RESOLUTION ACCEPTING PROPOSAL ON SALE OF $3,525,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999, PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND NET REVENUES A. WHEREAS, the City of Andover, Minnesota (the "City "), owns and operates a municipal sewer system and a municipal water system (collectively, the "System ") as separate revenue producing public utilities; and B. WHEREAS, there are no outstanding obligations, the interest and principal of which would constitute a prior lien upon the net revenues of the System; and C. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to issue $3,525,000 General Obligation Improvement Bonds of 1999 (the "Bonds ") of the City, pursuant to Minnesota Statutes, Chapters 475, 429 and Minnesota Statutes, Section 444.075, to finance the construction of various improvements in the City (the "Improvements "); and to finance the construction of various improvements to the System in the City (the "Sewer and Water Project ") (the Improvements and the Sewer and Water Project being collectively, the "Project "); and 1076532.2 D. 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 E. WHEREAS, on August 17, 1999, the City Council adopted a resolution (the "Preliminary Resolution "), which provided for the private negotiation of the "Bonds;" and F. WHEREAS, proposals to purchase the Bonds have been solicited by Juran & Moody ( "Juran ") in accordance with the Preliminary Resolution; and G. WHEREAS, the proposals set forth on Exhibit A attached hereto were received and opened pursuant to the Official Terms of Bond Sale established for the Bonds in the presence of the Clerk, or designee, at the offices of Juran at 11:00 A.M., Central Time, this same day; and 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: 1. Acceptance of Proposal. The proposal of Norwest Investment Services, Indthe "Purchaser "), to purchase the Bonds of the City (or individually, a "Bond "), in accordance with the Official Terms of Bond Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $3,510,018.75 , 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 City Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks and drafts. 2. Bond Terms. (a) Title: Original Issue Date; Denominations: Maturities; Term Bond Option. The Bonds shall be titled "General Obligation Improvement Bonds of 199911, shall be dated October 1, 1999, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations "). The Bonds shall mature on December 1 in the years and amounts as follows: 1078532.2 2 Year Amount 2000 -2004 $705,000 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Service. The aggregate principal amount of $3,000,000 maturing in each of the years and amounts hereinafter set forth are issued to finance the Improvements (the "Special Assessment Portion "); and the aggregate principal amount of $575,000 maturing in each of the years and amounts hereinafter set forth are issued to finance the Sewer and Water Project (the "Net Revenue Portion "): AGGREGATE PRINCIPAL AMOUNT $3,010,000 5515.000 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, the prepayment may be allocated to either or both of the portions of debt service in such amounts as the City shall determine. If the source of the prepayment is special assessments pledged to the Improvements, the prepayment shall be allocated to the Special Assessment Portion of debt service. If the source of a prepayment is excess net revenues of the System pledged to the Sewer and Water Project, the prepayment shall be allocated to the Net Revenue Portion of debt service. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository ") will act as securities depository for the Bonds, and to this end: 1078532.2 Special Assessment Portion Net Revenue Portion Year (Amount) (Amount) 2000 $ 605,000 $100,000 2001 605,000 100,000 2002 605,000 100,000 2003 605,000 100,000 2004 590.000 115.000 AGGREGATE PRINCIPAL AMOUNT $3,010,000 5515.000 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, the prepayment may be allocated to either or both of the portions of debt service in such amounts as the City shall determine. If the source of the prepayment is special assessments pledged to the Improvements, the prepayment shall be allocated to the Special Assessment Portion of debt service. If the source of a prepayment is excess net revenues of the System pledged to the Sewer and Water Project, the prepayment shall be allocated to the Net Revenue Portion of debt service. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository ") will act as securities depository for the Bonds, and to this end: 1078532.2 (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds 1078532.2 4 as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency /bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. 1078532.2 5 (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. (d) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is 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 City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10 hereof. (e) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Special Assessment Portion of the Bonds shall provide funds to finance the Improvements; and the Net Revenue Portion of the Bonds shall provide funds to finance the Sewer and Water Project in the City. The total cost of the Project, which shall include all costs enumerated in Minnesota 1078532.2 6 Statutes, Section 475.65, is estimated 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 June 1 and December 1 of each year (each, an "Interest Payment Date "), commencing June 1, 2000, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year 2000 2001 2002 Interest Rate 3.75% 4.05 4.20 Maturity Year 2003 2004 Interest Rate 4.30% 4.40 5. Redemption. All Bonds maturing in the years 2002 to 2004, both inclusive, shall be subject to redemption and prepayment at the option of the City on December 1, 2001, and on any Interest Payment 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, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; 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 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 discre- tion, 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 1078532:2 7 satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank Trust National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1078532.2 8 I "a UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER GENERAL OBLIGATION IMPROVEMENT BOND OF 1999 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP OCTOBER 1, 1999 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, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date "), commencing June 1, 2000, 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 Date. The principal of and premium, if any, and interest on this Bond are payable in 1078532.2 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 of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee.]' REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law; that the Issuer has covenanted and agreed with the Holders of the Bonds that it will impose and collect charges for the service, use and availability of its municipal sewer system and its municipal water system at the times and in amounts necessary to produce net revenues, together with other sums pledged to the payment of the "Net Revenue Portion" (as defined in the Resolution) of the Bonds, adequate to pay all principal and interest when due on the Net Revenue Portion of the Bonds; and that the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to pay the principal and interest on Net Revenue Portion of the Bonds of this issue as they respectively become due, if the net revenues from the municipal sewer system and the municipal water system, and any other sums irrevocably appropriated to the Debt Service Account are insufficient therefor; and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. . Include only until termination of the book -entry only system under paragraph 2 hereof. 1078522.2 10 Date of Registration: Registrable by: U.S. BANK TRUST NATIONAL ASSOCIATION Payable at: U.S. BANK TRUST NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk U.S. BANK TRUST NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature 1078532.2 11 ON REVERSE OF BOND Redemption. All Bonds of this issue (the "Bonds ") maturing in the years 2002 to 2004, both inclusive, are subject to redemption and prepayment at the option of the Issuer on December 1, 2001, and on any Interest Payment 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, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denomina- tions, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $3,525,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on September 21, 1999 (the "Resolution "), for the purpose of providing money to finance the construction of various local 1078532.2 12 improvements within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds of 1999 Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely as fully registered bonds in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other 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. 1078532.2 13 Qualified Tax - Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax - exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 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. 1078532.2 14 ASSIGNMENT For value received, assigns and transfers unto _ hereby irrevocably constitute attorney to transfer the Bond registration thereof, with fu premises. Dated: the undersigned hereby sells, the within Bond and does and appoint on the books kept for the 11 power of substitution in the Notice: The assignor's assignment mus as it appears within Bond in alteration or Signature Guaranteed: signature to this t correspond with the name upon the face of the every particular, without any change whatever. 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.) 1078532.2 15 [use only for Bonds when they are Registered in Book Entry Only System] PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER 1078532.2 16 8. Execution; Temporary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal 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 October 1, 1999. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute 1078532.2 17 (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 1078532.2 18 12. Interest Payment: Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby established a special fund to be designated "General Obligation Improvement Bonds of 1999 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 the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts to which shall be credited and debited all income and disbursements of the System as hereinafter set forth. The Treasurer of the City and all officials and employees concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $3,489,750, and less capitalized interest in the amount of $113.505.00 (together with interest 1078532.2 19 earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before June 1, 2000), plus any special assessments levied with respect to the Improvements and collected prior to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16(a) and all costs and expenses of the Sewer and Water 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 for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of special assessments or net revenues herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) 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 Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining 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. (b) Operation and Maintenance Account. To the Operation and Maintenance Account shall be paid all gross revenues and earnings derived from the operation of the System, including all charges for service, use, availability and connection to the System, when collected, and all moneys received from the sale of any facilities or equipment of the System or any by- products thereof. From this account there shall be paid all the normal, reasonable and current costs of operating and maintaining the facility. Current expenses shall include the reasonable and necessary costs of operating, maintaining and insuring the System, salaries, wages, costs of materials and supplies, necessary legal, engineering and auditing services, and all other items, which, by sound accounting practices, constitute normal, reasonable and current costs of operation and maintenance, but excluding any allowance for depreciation, extraordinary repairs and payments into the Debt Service Account. All moneys remaining in the Operation and Maintenance Account after paying or providing for the foregoing items shall constitute and are referred to in this resolution as "net revenues." (c) Debt Service Account. There shall be maintained two (2) separate subaccounts in the Debt Service Account to be designated the "Improvement Project Debt Service Subaccount" and the "Sewer and Water Project Debt Service Subaccount". There are hereby irrevocably appropriated and pledged to, and there shall 1078532.2 20 be credited to the separate subaccounts of the Debt Service Account: (i) Improvement Project Debt Service Subaccount. To the Improvement Project Debt Service Subaccount there shall be credited: (A) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Special Assessment Portion of the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (B) a pro rata share of all accrued interest received upon delivery of the Bonds; (C) a pro rata share of all funds paid for the Bonds in excess of $3,489,750; (D) capitalized interest in the amount of $t07�,_198.60 (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Special Assessment Portion of the Bonds on or before June 1, 2000); (E) any collections of all taxes which may hereafter be levied in the event that the special assessments and other funds herein pledged to the payment of the Special Assessment Portion of the Bonds and interest thereon are insufficient therefor; (F) a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (G) all investment earnings on funds held in the Improvement Project Debt Service Subaccount; and (H) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Improvement Project Debt Service Subaccount. The Improvement Project Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the Special Assessment Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said subaccount as provided by law. (ii) Sewer and Water Project Debt Service Subaccount. To the Sewer and Water Project Debt Service Subaccount there shall be credited: (A) the net revenues of the System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the account, sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the payment of the principal and interest of the Net Revenue Portion of the Bonds of this issue; (B) a pro rata share of all accrued interest received upon delivery of the Bonds; (C) a pro rata share of all funds paid for the Bonds in excess of $3,489,750; (D) capitalized interest in the amount Of $ 6.306.40 (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Net Revenue Portion of the Bonds on or before June 1, 2000; 1078532.2 2 1 (E) any collections of all taxes which may hereafter be levied in the event that the net revenues of the System and other funds herein pledged to the payment of the Net Revenue Portion of the Bonds of this issue and interest thereon are insufficient therefor; (F) a pro rata share of all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (G) all investment earnings on funds held in the Sewer and Water Project Debt Service Subaccount; and (H) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Sewer and Water Project Debt Service Subaccount. The Sewer and Water Project Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the Net Revenue Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said Subaccount as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (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 (50) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account, Operation and Maintenance Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then - applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the appli- cable 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. Covenants Relating to the Special Assessment Portion of the Bonds. (a) Assessments. It is hereby determined that no less than one hundred percent (100°x) of the cost to the City of each Improvement financed hereunder 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 1078532.2 22 construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel 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 Council or 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, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the rate per annum set forth opposite the collection years specified below: At the time the assessments are in fact levied the City Council shall, based on the then - current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) 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 Special Assessment Portion of the Bonds, will produce at least five percent (516) in excess of the amount needed to meet 1078532.2 23 Improvement Levy Collection Designation Amount Years Years Rate (i) Project No. 98 -27 $ 1999 -2003 2000 -2004 6.00% (ii) Project No. 98 -28 (for all) (for all) (for all) (iii) Project No. 98 -30 (iv) Project No. 98 -33 (v) Project No. 98 -34 (vi) Project No. 98 -36 TOTAL $2,996,250 At the time the assessments are in fact levied the City Council shall, based on the then - current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (b) 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 Special Assessment Portion of the Bonds, will produce at least five percent (516) in excess of the amount needed to meet 1078532.2 23 when due the principal and interest payments on the Special Assessment Portion of the Bonds. 17. Covenants Relating to the Net Revenue Portion of the Bonds. (a) Excess Net Revenues. Net revenues in excess of those required for the foregoing may be used for any proper purpose. (b) Sufficiency of Net Revenues. It is hereby found, determined and declared that the net revenues of the System are sufficient in amount to pay when due the principal of and interest on the Net Revenue Portion of the Bonds herein authorized and a sum at least five percent (5 %) in excess thereof, and the net revenues of the System are hereby pledged for the payment of the Net Revenue Portion of the Bonds of this issue and shall be applied for that purpose, but solely to the extent required to meet the principal and interest requirements of this issue as the same become due. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the Net Revenue Portion of the Bonds herein authorized and such additional obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. (c) Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the Bonds that it will impose and collect charges for the service, use, avail- ability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the Net Revenue Portion of the Bonds. Minnesota Statutes, Section 444.075, Subdivision 2, provides as follows: "Real estate tax revenues should be used only, and then on a temporary basis, to pay general or special obligations when the other revenues are insufficient to meet the obligations ". 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 1078532.2 24 its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and /or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and /or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account 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) 1078532.2 2 5 a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. Notwithstanding the foregoing, with respect to any Declaration made by the City between January 27, 1992 and June 30, 1993, with respect to a Reimbursement Expenditure made prior to March 2, 1992, the City hereby represents that there exists objective evidence, that at the time the Expenditure was paid the City expected to reimburse the cost thereof with the proceeds of a borrowing (taxable or tax - exempt) and that expectation was reasonable. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150 - 2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 19 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax - exempt status of the Bonds. 20. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ( "SID "), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the 1078s32.2 26 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. 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 net revenues of the System appropriated and pledged to the payment of principal and interest on the Net Revenue Portion of the Bonds, together with other funds irrevocably appropriated to the Sewer and Water Project Debt Service Subaccount herein established, shall at any time be insufficient to pay such principal and interest when due, the City covenants and agrees to levy, without limitation as to rate or amount an ad valorem tax upon all taxable property in the City sufficient to pay such principal and interest as it becomes due. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 22. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such 1078532.2 27 other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as Project. The City hereby covenants the Bonds or to use the Project, or used, or to enter into any deferred cost of the Project, in such a mann, "private activity bonds" within the 141 through 150 of the Code. to Use of Proceeds and not to use the proceeds of to cause or permit them to be payment arrangements for the ar as to cause the Bonds to be meaning of Sections 103 and 25. Tax - Exempt Status of the Bonds: Rebate: Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (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 any elections are available now or hereafter with respect to arbitrage or rebate matters relating to the Bonds, the Mayor, Clerk and Treasurer or any of them, are hereby authorized and directed to make such elections as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 26. Designation of Oualified Tax - Exempt Obligations. In order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; 1078532.2 2 8 (c) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1999 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1999 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. 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. 28. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Jacobson and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: McKelvey, Orttel, Knight, Johnson, and Jacobson and the following voted against the same: NONE Whereupon said resolution was declared duly passed and adopted. 1078532.2 29 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, $3,525,000 General Obligation Improvement Bonds of 1999 of said City. WITNESS my hand this 21st day of September, 1999. Clerk (SEAL) 1078532.2 30 EXHIBIT A NORWEST INVESTMENT 3.75%-2000 SERVICES, INC. 4,05%-2001 4.20%-2002 4.30 % -2003 4.40 % -2004 PURCHASE PRICE: $3,510,018.75 $488,036.25 (4.3721 %) U.S. BANCORP PIPER JAFFRAY 3.80%.2000 4.00% -2001 4.10% -2002 4.20% -2003 4.25% -2004 PURCHASE PRICE: $3,490,278.75 $496,790.00 (4.450 %) HARRIS TRUST AND SAVINGS BANK 4.20%.2000 4.30%.2001 4.40%.2002 4.50% - 2003 4.00% -2004 PURCHASE PRICE: $3,497,477.00 $503,868.00 (4.5139%) PAINE WEBBER INCORPORATED 4.000 % -2000 Morgan, Stanley, Dean Witter 4.100% -2001 Oppenheimer & Co., Inc. 4.250%.2002 Everen Securities, Inc 4.300%.2003 4.375%-2004 PURCHASE PRICE: $3,495,594.45 $505,486.18 (4.5284 %) WILLIAM R. HOUGH & CO. 4.20%.2000 J.C. BRADFORD) CO- MANAGERS 4.30% -2001 NIKE SECURITIES) 4.40%-2002 SUN TRUST) 4.50%-2003 4.40 % -2004 PURCHASE PRICE: $3,508,101.15 $507,813.85 (4.5492 °%) GRIFFIN, KU13IK, STEPHENS 4.250 % -2000 & THOMPSON, INC. 4.375% -2001 4.400 % - 2002 4.50001.- 2003/04 PURCHASE PRICE: $3,512,317.05 $508,797.32 (4.5580%) ROBERT W. BAIRD & CO., INC. 4.25%.2000 4.35%4001 4A5%4002 4.35% -2003 4.60 % -2004 PURCHASE PRICE: $3,519,007.50 $507,952.50 (4.5505 %) JOHN G. KINNARD & CO, 4.25%.2000 4.35% -2001 4.45 °h - 2002 4.55 % - 2003 4.60 % -2004 PURCHASE PRICE: $3,515,482,50 $511,477.50 (4.5821 %) CRONIN & CO., INC. 4.25% - 2000/02 4.35%-2003 4,45%-2004 PURCHASE PRICE: $3,491,843.85 $517,784.90 (4.6386 %) GAIN RAUSCHER, INC. 4.25%.2000/01 4.30%.2002 4.40 % - 2003 4.50 % -2004 PURCHASE PRICE: $3,493,881.30 $520,153.70 (4.6598%) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 198 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 99 -28, NAVAJO STREET NW, 173RD AVENUE NW & 175TH AVENUE NW. WHEREAS, Resolution No. 186 -99 of the City Council adopted on the 17th day of August , 19 99 , fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 21st day of September , 19 99 ; and WHEREAS, all persons desiring to be heard were given such opportunity for same; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 99 -28 . MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 21st day of September , 19 99 , with Councilmembers Jacobson. Johnson, McKelvey. Orttel, Knight (abstain) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER C, M% J.E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 197 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 99 -32 FOR 1999 RECLAIMING & OVERLAY. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 178 -99 , dated August 17, 1999, bids were received, opened and tabulated according to law with results as follows: Bauerly Bros., Inc. $165,118.74 North Valley, Inc. $177,777.80 WB Miller Inc. $185,177.09 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bauerly Bros. 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 Bauerly Bros., Inc. in the amount of $165,118.74 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 regular meeting this 21 st day of September , 19 99 , 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: ' � MC' /) j J.E. McKelvey - Mayor el l� -�,�•� Grp Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 196-99 A RESOLUTION SETTING THE FEE FOR THE YEAR 2000 FOR OFF -SALE NON - INTOXICATING LIQUOR LICENSES IN THE CITY OF ANDOVER. The City Council hereby ordains that the fee for the year 2000 for off -sale non - intoxicating liquor licenses shall be $75.00. Adopted by the City Council of the City of Andover this 21st day of September, 1999. CITY OF ANDOVER n1 ' E. McKelvey - Mayor � l&� Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 195 -99 A RESOLUTION GRANTING THE VARIANCE REQUEST OF PETER AND KAREN DZUBAY TO ORDINANCE NO. 8, SECTION 6.02 WHICH REQUIRES A FIFTY (50) FOOT REAR YARD SETBACK AND A FORTY FOOT (40') FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 16045 N. ENCHANTED DRIVE (PIN 17- 32- 24 -32- 0003). WHEREAS, Peter and Karen Dzubay have requested a variance to Ordinance No. 8, Section 6.02 to allow a bedroom addition to encroach eighteen (18') feet into the fifty (50') foot rearyard setback and an entry way addition to encoach 6.3' into the forty (40') foot front yard setback, on the property located at 16045 N. Enchanted Dr. (PIN 17- 32 -24 -32 -0003) legally described as follows: That part of the Northwest Quarter of the Southwest Quarter of Section 17, Township 32, Range 24, in Anoka County, Minnesota described as follows 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. 8, Section 6.02 & 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, the Planning and Zoning Commission recommends to the City Council approval of the variance as requested. Pagetwo VAR 99 -09 Home Addition September 7, 1999 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 requested variance on said property with the following condition: That the variance be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03. Adopted by the City Council of the City of Andover on this 7th day of September, 1999. ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER �. me, �" E. McKelvey, Mayor Exhibit "A I Property Owner Peter Dzubay PROPERTY DESCRIPTION: That part of the Northwest Quarter of the Southwest Quarter of Section 17, Township 32. Range 24, In Mokc County, Minnesota described as follows: Commencing at a point on the North line of said Northwest Quarter the Southwest Quarter, said point being a distance of 234.41 feet East of the Northwest comer of said Northwest Quarter of the Southwest Quarter; thence South 7 degrees, 37 minutes, 32 seconds East a distonc of 129.04 feet; thence Southwesterly on a curve to the right having a radius of 70 feet and a central angle 66 degrees, 5 minutes, 51 seconds and distance of 80.75 feet to the point of beginning of land to be descri thence continue Southwesterly on said 70 foot radius curve a distance of 39.59 feet; thence North 89 dnree 7 minutes, 32 seconds West and parallel to the North line of said Northwest Quarter of the Southwest Quarte distance of 73.95 feet; thence Southwesterly on a curve to the left having a radius of 73 feet a distance of 115.78 feet to a point which is 33 feet East of, as measured at right angles to, the West line of said North* Ounrter of the Southwest Quarter; thence South and parallel to said West line a distance of 70 feet; thence :rly and parallel to the North line of said Northwest Quarter of the Southwest Quarter a distance of 203 1e, L; thence North and parallel to the West line of said Northwest Quarter of the Southwest Quarter a distonc of 127.15 feet; thence North 31 degrees. 31 minutes, 41 seconds West a distance of 33 feet to the point of oeginning. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R194 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT TO CONSTRUCT AND OPERATE AN AUTOMOBILE SERVICES STATION AT 3657 BUNKER LAKE BLVD NW BY PRECISION TUNE ON PROPERTY OWNED BY LOCAL OIL COMPANY OF ANOKA, LEGALLY DESCRIBED AS LOT 1, BLOCK 1, LOCAL OIL ADDITION (PIN 32- 32- 24 -24- 0071). WHEREAS, Precision Tune has requested a special use permit to construct and operate an automobile service station at 3657 Bunker Lake Blvd. NW on property owned by Local Oil Company Of Anoka, legally described as Lot 1, Block 1, LOCAL OIL 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 5.03 & 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby 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 applicant obtains commercial site plan approval. 2) That the building and parking areas be adequately screened per Ordinance 8 3) Outside storage of vehicles and equipment overnight is prohibited. 4) That the operation abides by the definition of an automobile service station as defined by Ordinance 8, and subsequent ordinances. Any intensification into a general repair facility as defined by ordinance is prohibited. Page Two SUP 99 -14 Service Station — Precision Tune September 7, 1999 5) That the special use permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). Adopted by the City Council of the City of Andover on this 7th day of September 1999. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk il P.E. McKelvey, Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R193 -99 A RESOLUTION ACKNOWLEDGNG CONCERNS PERTAINING TO THE ENVIRONMENTAL ASSESSMENT (EA) CONDUCTED BY THE FEDERAL ENERGY REGULATORY COMMISSION (FERC) AND REQUESTING ADDITIONAL TIME TO COMMENT ON THE EA PERTAINING TO NORTHERN NATURAL GAS COMPANY'S ELK RIVER LOOP 99 PROJECT (FERC DOCKET NO. CP 99 -191). WHEREAS, Northern Natural Gas Company has submitted application to he City of Andover, Minnesota to construct a 16 inch natural gas pipeline within existing easement in conjunction with the Elk River Loop 99 project (FERC docket no. CP 99 -191) as depicted on attachment A -1 of this resolution; and WHEREAS, The Federal Energy Regulatory Commission (FERC) has conducted an Environmental Assessment (EA) of the proposed pipeline expansion; and WHEREAS, Many residents along the "FERC Alternate Route" as defined in the EA have voiced concerns relating to the EA at a Special City Council Meeting of September 1, 1999. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover, Minnesota hereby acknowledges the concerns raised at said Special City Council Meeting and requests an extension to the September 13, 1999 deadline date for comment along the FERC Alternate Route. NOW, BE IT FURTHER RESOLVED, that the City Council of the City of Andover hereby submits the draft minutes of said Special City Council Meeting and the following concerns for Federal Energy Regulatory Commission (FERC) review: 1) Lack of a clearly defined route for the FERC Alternate Route to determine its affect on neighboring residents. 2) Existence of more homes within 50 feet of the FERC Alternate Route than cited by FERC staff. 3) The affect on existing septic systems and wells. 4) Lack of research on the existence of threatened or endangered species on the FERC Alternate Route 5) Concern over the spreading of Oak Wilt during construction. 6) Concern of a natural gas pipeline in a high wire utility easement. 7) Disruption of wetlands. Page Two Resolution of Concerns September 7, 1999 8) The addition of a second natural gas line would create a new corridor to monitor. 9) Impact on existing vegetation and trees. 10) Concern of late notification in the process, and lack of time to adequately review FERC Alternate Route 11) Concern of residents along the FERC Alternate Route over not being able to participate as an official protestor or intervener 12) Has a definite need been established for increased service as required by FERC; could the needs of local distributors be accomplished though other existing natural gas lines or wholesalers? 13) Concern over creating a new natural gas pipeline easement when the existing easement is "not environmentally detrimental" as determined by the EA. Adopted by the City Council of the City of Andover on this 7th day of September, 1999. CITY OF ANDOVER _ v ATTEST: O.E. McKelvey, Mayo chard rursman, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R192 -99 A RESOLUTION PETITIONING THE CITY OF ANOKA TO CONNECT SEWER SERVICE TO PROPERTY LOCATED AT 4151 141sT AVENUE NW, ROSF.LLA SONSTEBY (PIN 30- 32- 24 -43- 0001). WHEREAS, Rosella Sonsteby is the owner of real property in the City of Andover 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 the south 518.55 feet of the west 300.00 feet of said quarter; except the south 165.00 feet of said quarter; except roads, subject to easements of record. And Unplatted Grow Township the Southeast Quarter of the Southeast Quarter of Section 30, Township 32, Range 24, Anoka County, Minnesota; except south 165 feet thereof, except that portion north and east of ANOKA COUNTY RIGHT OF WAY PLAT NO. 22; except roads, subject to easements of record. WHEREAS, Said property is adjacent to an existing sewer trunk line owned and operated by the City of Anoka; and WHEREAS, The owner of said property is within the 1995 -2000 Andover Sewer Service Area as stipulated in the Andover Comprehensive Plan and has petitioned the City of Andover for municipal services. WHEREAS, City staff has met with the City of Anoka regarding connection and capacity issues for said property; and WHEREAS, The City of Anoka has indicated that capacity is not available; and WHEREAS, Ms. Sonsteby requests the City of Andover petition the City of Anoka for sewer connection. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby petitions the City of Anoka for sewer service on the proposed legally described parcel if sewer capacity is available. Page Two Rosella Sonsteby Petition September 7, 1999 Adopted by the City Council of the City of Andover on this 7th day of September 0 CITY OF ANDOVER "f gc� ATTEST: J.E. McKelvey, Mayor Rich-ar d Fursman, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R191 -99 A RESOLUTION APPROVING THE VARIANCE REQUEST OF GORDON ENGELS TO VARY APPROXIMATELY 40 FEET FROM THE 100 FOOT MINIMUM SETBACK FROM THE ORDINARY HIGH WATER MARK OF THE RUM RIVER PURSUANT TO ORDIANCE 223 AT 5183 159"H AVENUE NW (PIN 13- 32- 25 -42- 0003). WHEREAS, Gordon Engels has requested a 40 foot variance to the 100 foot minimum setback from the ordinary high water mark of the Rum River pursuant to Ordinance 223 at 5183 159th Avenue NW (PIN 13- 32 -25 -42 -0003) legally described as follows: That part of Government Lot 6 described as follows: Commencing at the northwest corner of Government Lot 5; thence west 16.5 feet to a line parallel with and 16.5 feet west of the east line of said Government Lot 6; thence north along said parallel line 1067.88 feet to a point 1486.32 feet south of the north line of Government Lot 7; thence deflecting to left 88 degrees 35 minutes and parallel with north line of said Lot 7, 701.5 feet; thence deflecting to left 82 degrees 58 minutes 230.41 feet; thence deflecting right 18 degrees 58 minutes 131.15 feet; thence deflecting to left 12 degrees 28 minutes 366.5 feet; thence deflecting left 31 degrees 33 minutes 255.2 feet; thence deflecting to left 33 degrees 35 minutes 20.8 feet to point of beginning; thence continuing along last described course, along a line now known Line "A ", 100 feet; thence deflecting to right 84 degrees 153.25 feet to Rum River; thence deflecting right 106 degrees 8 minutes along said river 127 feet to a line thm point of beginning and deflecting 93 degrees 57 minutes from said Line "A" (as measured from southeast to northwest); thence northeasterly along said line 130.2 feet to point of beginning; 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. 223; 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 variance as requested. Page Two VAR 99 -08 5183 159h Ave NW August 24, 1999 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 on said property with the following conditions: 1. That the applicant obtains all applicable building permits. 2. That the request is subject to a sunset clause. If the City Council determines that no significant progress has been made within the first twelve months from the approval date the resolution shall be null and void. 3. That the variance is contingent upon the approval by the Minnesota Department of Natural Resources. Adopted by the City Council of the City of Andover on this 7th day of September 1999. CITY OF ANDOVER ATTEST: 1� U6� Victoria Volk, City Clerk .E. McKelvey, Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 190 -99 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99 -2 FOR HAWKRIDGE PARK WELL. WHEREAS, pursuant to Resolution No. 129 -99 , adopted by the City Council on the 1st day of June , 19 99 , TKDA has prepared final plans and specifications for Project 99 -2 for Hawkridge Park for Well improvements. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7th day of September , 19 99 . 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 30 19 99 at the Andover City Hall. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 7th day of September 19 99, with Councilmembers Knight, Jacobson McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayo � a'�/_- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 189 -99 A RESOLUTION ADOPTING THE CITY OF ANDOVER 2000 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor a proposed tax levy and budget prior to September 15, 1999. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2000 property tax levy totaling $ 4,410,226, of which $ 3,819,433 is for general operating purposes and is levied against all taxable property within the City of Andover, $21,430 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 $569,363 is for the repayment of bonded indebtedness as follows: 1991 Fire Station Bonds $ 299,363 1999 Certificate of Indebtedness $270,000 Total $ 569,363 BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the preliminary General Fund budget as follows: REVENUES EXPENDITURES Property Taxes $ 3,478,505 General Government $ 1,913,525 License and Permits 570,904 Public Safety 2,019,954 Intergovernmental Revenue 941,975 Public Works 2,870,312 Charges for Current Services 775,993 Other 114,827 Fines and Forfeits 52,000 Miscellaneous Revenue 278,800 Transfers 820,441 Total $ 6,918,618 Total $ 6,918,618 Adopted by the City of Andover this 7th day of September, 1999 ATTEST: 6M4,l Victoria Volk - City Clerk CITY OF ANDOVER a,��nw GD L E. McKelvey - Mayor STATE OF MINNESOTA) COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. -99 adopting the 2000 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 7th day of September, 1999. 14x; d� Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 188 -99 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98 -29 , FOR GREY OAKS. WHEREAS, pursuant to Resolution No. 155 -99 , adopted by the City Council on the 6th day of July , 1999, TKDA has prepared final plans and specifications for Project 98 -29 for Grey Oaks. WHEREAS, such final plans and specifications were presented and approved by the City Council on the 3rd day of August 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 10:30 AM . September 17 , 19 99 at the Andover City Hall. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 17th day of August , 19 99, with Councilmembers Orttel, Jacobson, Johnson (absent), McKelvey. Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: C � //// J. E. McKelvey - Mayor L U Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 187 -99 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. _ 98 -17 FOR BUNKER LAKE BOULEVARD NW RECONSTRUCTION /EXTENSION OF JAY STREET NW NORTH OF BUNKER LAKE BOULEVARD NW. WHEREAS, the City Council is cognizant of the need for the extension; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Extension of Jay Street NW North of Bunker Lake Boulevard NW, Project 98 -17; 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 Orttel and adopted by the City Council at a regular meeting this 17th day of August 19 99, with Councilmembers Knight Jacobson, McKelvey Johnson (absent) Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: • , a E. McKelvey -Mayor 6t_e6 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 186 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREETS PROJECT NO. 99 -28 IN THE NAVAJO STREET NW, 173RD AVENUE NW & 175TH AVENUE NW AREA. WHEREAS, pursuant to Resolution No. 170 -99, adopted the 3rd day of August, 1999 a Feasibility Report has been prepared by the City Engineer for the improvements: and WHEREAS, such report was received by the City Council on the 17th day of August, 1999; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated cost of $59,320.00 (Option #1), $57,830.00 (option #2) $90,630.00 (Option #3) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 99 -28, 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 $59,320.00 (Option #1) $57,830.00 (option #2), $90,630.00 (Option #3) 3. A public hearing shall be held on such proposed improvement on the 21st day of September , 1999 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 17th day of August , 19 99 , with Councilmembers Knight (present) Orttel, McKelvey, Jacobson. Johnson absent voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk Volk - City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: August 17, 1999 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 17th day of August, 1999, at 7:00 o'clockP M. for the purpose, in part, of providing for public sale of the $3,525,000 General Obligation Improvement Bonds of 1999 of said City. The following members were present: Mayor McKelvey and Council members Orttel, Knight, and Jacobson and the following were absent: Council member Johnson Member Knight introduced the following resolution and moved its adoption: RESOLUTION NO. 185 -99 RESOLUTION PROVIDING FOR PUBLIC SALE OF $3,525,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue the City's $3,525,000 General Obligation Improvement Bonds of 1999 (the "Bonds "), to finance the construction of various improvements in the City; and B. WHEREAS, the City has retained Juran & Moody, in St. Paul, Minnesota ( "Juran "), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): 1076114.1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization. The Council hereby authorizes Juran to solicit proposals for the sale of the Bonds. 2. Meeting; Proposal Opening. This Council shall meet at the time and place specified in the Official Terms of Bond Sale attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open proposals at the time and place specified in such Official Terms of Bond Sale. 3. Official Terms of Bond Sale. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit A and hereby made a part hereof. 4. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Juran and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member Orttel and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Orttel, Knight, Jacobson, and McKelvey and the following voted against the same: NONE Whereupon said resolution was declared duly passed and adopted. 1076114.1 2 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 carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to said City's $3,525,000 General Obligation Improvement Bonds of 1999. WITNESS my hand as such Clerk this 17th day of August, 1999. City Clerk 1076114.1 3 EXHIBIT A OFFICIAL TERMS OF BOND SALE $3,525,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1999 CITY OF ANDOVER ANOKA COUNTY MINNESOTA (Book Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Sealed proposals will be opened by the City Clerk, or designee, on Tuesday, September 21, 1999, at 11:00 A.M., Central Time, at the offices of Juran & Moody, 1100 Minnesota World Trade Center, 30 East Seventh Street, in Saint Paul, Minnesota 55101 -2091. Considera- tion of the proposals for award of the sale will be by the City Council at its meeting in the Andover City Hall beginning at 7:00 P.M., on the same day. BOOK ENTRY SYSTEM: The bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ( "DTC"), New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer through U.S. Bank Trust National Association, in St. Paul, Minnesota (the "Registrar ") to DTC or its nominee as registered owner of 1076114.1 A-1 the bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful proposal maker, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. The Issuer will pay reasonable and necessary charges for the services of the Registrar. DATE OF ORIGINAL ISSUE OF BONDS: October 1, 1999. PURPOSE: For the purpose of providing money to finance the construction of various improvements in the Issuer. INTEREST PAYMENTS: June 1, 2000, and semiannually thereafter on June 1 and December 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. MATURITIES: December 1 in each of the years and amounts as follows: Year Amount 2000 -2004 $705,000 All dates are inclusive. Proposals for the bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. REDEMPTION: At the option of the Issuer, bonds maturing after December 1, 2001, shall be subject to prior payment on said date, and any interest payment date 1076114.1 A-2 thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. CUSIP NUMBERS: If the bonds qualify for assignment of CUSIP numbers such numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. TYPE OF PROPOSAL: Sealed proposals of not less than $3,489,750 and accrued interest on the principal sum of $3,525,000 from date of original issue of the bonds to date of delivery must be filed with the 1076114.1 A-3 undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit ") in the amount of $70,500, payable to the order of the Treasurer of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Juran & Moody, and addressed to: Shirley Clinton Treasurer Andover City Hall 1685 Crosstown Boulevard Northwest Andover, Minnesota 55304 -2612 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the Issuer. Such bond must be submitted to Juran & Moody prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Issuer will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting 1076114.1 A-4 of the Issuer scheduled for award of the bonds is adjourned, recessed, or continued to another date without award of the bonds having been made. RATES: All rates must be in integral multiples of 1 /20th or 1 /8th of la. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity. INFORMATION FROM The successful purchaser will be PURCHASER: required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. QUALIFIED TAX The Issuer will designate the bonds as EXEMPT OBLIGATIONS: qualified tax exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. CONTINUING DIS- The Issuer will covenant in the CLOSURE UNDERTAKING: resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2 -12. AWARD: Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. 1076114.1 A-5 The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. Dated: August 17, 1999. BY ORDER OF THE CITY COUNCIL /s/ Vicki Volk City Clerk Additional information may be obtained from: JURAN & MOODY 1100 Minnesota World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101 -2091 Telephone No.: (651) 224 -1500 1076114.1 A-6 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 184 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS FOR PROJECT NO. 99 -17 FOR ANDOVER COMMERCIAL PARK/MARTIN STREET NW. WHEREAS, pursuant to Resolution No. 005 -99 , adopted by the EDA on the 30th day of March , 19 99 , TKDA has prepared final plans and specifications for Project 99 -17 for Andover Commercial Park /Martin Street NW. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 17th day of August , 19 99 . 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 17 1999 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 17th day of August , 19 99 , with Councilmembers Knight, Orttel, McKelvey. Jacobson. Johnson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER L� E. McKelvey - Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 183 -99 MOTION by Councilmember 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. Budgetary 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 Orttel and adopted by the City Council of the City of Andover on this 17th _day of August , 19 99 , with Councilmembers Knight, Orttel McKelvey Jacobson Johnson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. ATTEST: 60 Victoria Volk - City Clerk CITY OF ANDOVER Z • <�lL Jl E. McKelvey - Mayor v EXHIBIT A Project Description: Estimated Cost to be Reimbursed from Bond Proceeds: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R182 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF WOODLAND MEADOWS THIRD ADDITION, AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CORPORATION, IN SECTION 10- 32 -24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of Woodland Meadows Third Addition ; and WHEREAS, the Developer has presented the final plat of Woodland Meadows Third 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 Meadows Third 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 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 as recommended by the Park and Recreation Commission. 9. Variance from Ordinance No, 10, Section 9.03(G) as the length of the cul -de -sac exceeds the maximum 500' requirement by 126.5 feet. 10. 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 17th day of Auclust,19 99. ATTEST: �l U Victoria Volk - City Clerk CITY OF ANDOVER 1. M,x J. E. McKelvey - Mayor e CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 181 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ASTECH CORP. FOR PROJECT NO. 99 -4 FOR THE IMPROVEMENT OF 1999 SEAL COATING. WHEREAS, pursuant to a written contract signed with the City of Andover on April 6, 1999, Astech Corp. of St. Cloud. 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 Orttel and adopted by the City Council at a regular meeting this 17th day of August , 19 99, with Councilmembers Knight, Orttel, McKelvey Jacobson. Johnson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: McKelvey - Mayoi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 180 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO DAFFINSON ASPHALT FOR PROJECT NO. 99 -3 FOR THE IMPROVEMENT OF 1999 CRACK SEALING. WHEREAS, pursuant to a written contract signed with the City of Andover on April 6, 1999, Daffinson Asphalt of Green Bay, WI, 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 Orttel and adopted by the City Council at a regular meeting this 17th day of August 19 99 ,with Councilmembers Knight, Orttel, McKelvey, Jacobson. Johnson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: E. McKelvey - Mayor � U�r Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 179 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NO. 98 -11A FOR JAY STREET NW LANDSCAPING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 144 -99 , dated July 6, 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 reject the bids. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 17th day of August , 19 99 , with Councilmembers Knight, Orttel, McKelvey, Jacobson Johnson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . I ML /` O.E. McKelvey -Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 178 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO.-99-32 FOR 1999 OVERLAYS. WHEREAS, pursuant to Resolution No. 166 -99 , adopted by the City Council on the 3rd day of August , 19 99 , the City Engineer has prepared final plans and specifications for Project 99 -32 for 1999 Overlays. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 17th day of August , 19 99 . 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 14 1999 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 17th day of August , 19 99, with Councilmembers Knight, Orttel McKelvey, Jacobson. Johnson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 177 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO BARBER CONSTRUCTION CO.. INC. FOR PROJECT NOS. 99 -1 & 97- 52 FOR THE IMPROVEMENT OF SUNSHINE PARK BITUMINOUS TRAIL IMPROVEMENTS AND CONCRETE BLEACHER PADS. WHEREAS, pursuant to a written contract signed with the City of Andover on April 20 1999, Barber Construction Co.. Inc. of Hopkins, 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 Orttel and adopted by the City Council at a regular meeting this 17th day of August , 19 99, with Councilmembers Knight, Orttel, McKelvey, Jacobson. Johnson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. ATTEST: d'4 4&-- Victoria Volk - City Clerk CITY OF ANDOVER ' f c- // J.E. McKelvey - Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 176 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 2 TO PROJECT NOS. 99- 1 & 97-52, SUNSHINE PARK BITUMINOUS TRAIL IMPROVEMENTS AND CONCRETE BLEACHER PADS. WHEREAS, the City of Andover has a contract for Project Nos. 99 -1 & 97- 52 with Barber Construction Co.. Inc. of Hopkins MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos. 99 -1 & 97 -52. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 17th day of August , 19 99 , with Councilmembers Knight, Orttel, McKelvey, Jacobson, Johnson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: E. McKelvey - Mayor �X' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 175 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 99 -21 FOR SUNSHINE PARK SHELTER.. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 157 -99 , dated July 20, 1999, bids were received, opened and tabulated according to law with results as follows: Contractor Base Bid Amount Alternate #1 Alternate #2 Odland Construction, Inc. $98,190.00 $400 (deduct) $850 (add) St. Croix Recreation Co., Inc.$99,173.00 $400 (deduct) $600 (add) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Odland 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 Odland Construction, Inc in the amount of $ 99,040.00 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 0rtteI and adopted by the City Council at a regular meeting this 17th day of August , 19 99 , with Councilmembers _ Knight, Orttel, McKelvey, Jacobson, Johnson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: M.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 174 -99 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CINDY MCKEE TO OPERATE AN IN-HOME THERAPEUTIC MASSAGE ESTABLISHMENT ON THE PROPERTY LOCATED AT 1441154TH AVENUE NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 6 CHESTERTON COMMONS SECOND ADDITION. WHEREAS, Cindy McKee has requested a Special Use Permit to allow for the operation of an in -home therapeutic massage establishment located at 1441 154th Avenue NW, legally described as Lot 1, Block 6, Chesterton Commons Second 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, Sections 5.03 and 7.03, and Ordinance No. 110; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestion or hazards; the use will not depreciate surrounding property values; and the use is in harmony with the Comprehensive Plan; 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 Cindy McKee to operate an in -home therapeutic massage establishment on the above described property with the following conditions: The home business shall be limited to one (1) employee and shall comply with all other home occupation regulations as stated in Ordinance No. 8, Section 4.30. Parking requirements shall be met as per Ordinance No. 8, Section 8.08. 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 City ordinances. Page Two Resolution (SUP 99 -13) - McKee 4. The residence shall be owner occupied. 5. hours of operation shall be daily from 8:00 a.m. - 9:00 p.m. 6. Upon sale of the premises for which the Special Use Permit is granted, such permit shall terminate. The Special Use Permit shall be subject to annual review and site inspection by City Staff. 8. 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 17th day of Au¢ust, 1999. ATTEST: (� ✓✓ � Victoria Volk, City Clerk CITY OF ANDOVER Q. f mc- . E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 173 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT/VARIANCE REQUEST FOR THE CITY OF ANDOVER TO ERECT TWO (2) INSTITUTIONAL SIGNS (TOTAL OF (9) SIGNS ON THE PROPERTY) WITH AN AGGREGATE SQUARE FOOTAGE IN EXCESS OF THIRTY -TWO (32 S.F.) SQUARE FEET AND EXCEEDING THE MAXIMUM ONE HUNDRED (100 S.F.) SQUARE FEET AGGREGATE SIGN SPACE WITH MORE THAN ONE (1) SIGN PER LOT FRONTAGE PURSUANT TO ORDINANCE NO. 8, SECTION 8.07, LOCATED AT 1685 CROSSTOWN BLVD. NW (PIN 22- 32- 24 -41- 0001), LEGALLY DESCRIBED BELOW. WHEREAS, the City of Andover has requested a Special Use Permit/Variance to erect two (2) institutional signs (total of (9) signs on the property) with an aggregate square footage in excess of thirty -two (32 s.f.) square feet and exceeding the maximum one hundred (100 s.f.) square feet aggregate sign space with more than one (1) sign per lot frontage on the property located at 1685 Crosstown Blvd. NW (PIN 22- 32- 24 -41- 0001) legally described as follows: The Northeast Quarter of the Southeast Quarter of Section 22, subject to easements of record; except the west 330' thereof. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 8.07; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and Page Two SUP/VAR 99 -12 Institutional Sign(s) August 17, 1999 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 on said property with the following conditions: 1. That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). 2. The applicant shall apply for and be granted sign permits prior to the erection of the proposed signs. 3. The signs shall be located ten (10') feet from any property line. 4. The signs shall be located at least one hundred thirty (130') feet from any residential structure. Adopted by the City Council of the City of Andover on this 17th day of Angus _t, 1999. ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER g.E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R172 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT/VARIANCE REQUEST FOR MEADOW CREEK CHURCH TO ERECT ONE (1) INSTITUTIONAL SIGN (TOTAL OF (2) SIGNS ON THE PROPERTY) WITH AN AGGREGATE SQUARE FOOTAGE IN EXCESS OF THIRTY -TWO (32 S.F.) SQUARE FEET AND EXCEEDING THE MAXIMUM ONE HUNDRED (100 S.F.) SQUARE FEET AGGREGATE SIGN SPACE WITH MORE THAN ONE (1) SIGN PER LOT FRONTAGE PURSUANT TO ORDINANCE NO. 8, SECTION 8.07, LOCATED AT 3037 BUNKER LAKE BLVD. NW (PIN 33- 32- 24 -23- 0002), LEGALLY DESCRIBED BELOW. WHEREAS, Meadow Creek Church has requested a Special Use Permit/Variance to erect one (1) institutional sign (total of (2) signs on the property) with an aggregate square footage in excess of thirty-two (32 s.f.) square feet and exceeding the maximum one hundred (100 s.£) square feet aggregate sign space with more than one (1) sign per lot frontage on the property located at 3037 Bunker Lake Blvd. NW (PIN 33- 32 -24- 23 -0002) legally described as follows: The south 433 feet of the east 400 feet of the Southwest Quarter of the Northwest Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota, said distance measured parallel with the east and south line respectively of said Southwest Quarter of the Northwest Quarter (subject to an easement for road purposes over the south 30 feet thereof). WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 8.07; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and Page Two SUP/VAR 99 -11 Institutional Sign August 17, 1999 WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit/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 on said property with the following conditions: 1. That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). 2. The applicant shall apply for and be granted sign permits prior to the erection of the proposed sign. 3. The sign shall be located ten (10') feet from any property line. 4. The sign shall be located at least one hundred thirty (130') feet from any residential structure. Adopted by the City Council of the City of Andover on this 17th day of August, 1999. ATTEST: /% Victoria Volk, City Clerk CITY OF ANDOVER f ) &l V.E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R171 -99 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR A PARKING LOT EXPANSION AT MEADOW CREEK CHURCH, 3037 BUNKER LAKE BLVD NW (PIN 33- 32 -24 -23 -0005 & 0006). WHEREAS, Meadow Creek Church has petitioned for an amended special use permit to construct approximately 200 parking stalls at 3037 Bunker Lake Blvd. NW legally described as follows: The southern 1089' of the Southwest Quarter of the Northwest Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota; except the south 360' of the west 240'; and except the east 400' of the south 433'; 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 5.03 & 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the amended special use permit on said property with the following condition: 1) That the Amended Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). 2) That the applicant obtains commercial site plan approval. Page Two ASUP 99 -10 Meadow Creek Church August 17, 1999 Adopted by the City Council of the City of Andover on this 17th day of August 1999. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk E. McKelvey, May CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 170 -99 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 _ STREETS , PROJECT NO. 99-28, IN THE AREA OF NAVAJO STREET NW BETWEEN 173RD AVENUE NW & 175TH AVENUE NW . WHEREAS, the City Council has received a petition, dated July 23, 19 99 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 Engineer 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 regular meeting this 3rd day of August , 19 99, with Councilmembers Knight, Jacobson. McKelvey. Johnson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: , Le� a" & e) Victoria Volk - City Clerk CITY OF ANDOVER 9 E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 169 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. CHESTERTON COMMONS NORTH (PROJECT 98 -36). CAMBRIDGE ESTATES 2ND ADDITION (PROJECT 98 -33 AND CHESTERTON COMMONS 3RD ADDITION (PROJECT 98 -34) FOR SANITARY SEWER, WATERMAIN STREETS AND STORM SEWER. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 151 -99 , dated July 6 , 1999, bids were received, opened and tabulated according to law with results as follows: Kober Excavating $1,109,991.65 LaTour Construction, Inc. $1,112,892.73 Barbarossa and Sons, Inc. $1,129,894.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Kober Excavating as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Kober Excavating in the amount of $1.109.991.65 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 Councilmember Knight and adopted by the City Council at a regular meeting this 3rd day of August , 19 99 , with Councilmembers Knight, Jacobson, McKelvey, Johnson. Orttel voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor lfe�� Victoria Volk - City Clerk voting CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 168 -99 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 98 -29 , FOR GREY OAKS. WHEREAS, pursuant to Resolution No. 155 -99 , adopted by the City Council on the 6th day of July , 1999, TKDA has prepared final plans and specifications for Project 98 -29 for Grey Oaks. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3rd day of August , 19 99. 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 Knight and adopted by the City Council at a regular meeting this 3rd day of August 19 99, with Councilmembers Knight, 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:c %few E. McKelvey - Mayor U'� Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R167 -99 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF MIKE CARON TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT OF LOT 6, BLOCK 4, CREEKRIDGE ESTATES, 3336 SOUTH COON CREEK DRIVE NW (PIN 29- 32- 24 -41- 0050). WHEREAS, Mike Caron has requested to vacate a portion of a drainage and utility easement located on Lot 6, Block 4, CREEKRIDGE ESTATES, legally described as follows: The westerly 5.00 feet of the easterly 10.00 foot of the drainage and utility easement parallel with the eastern boundary of Lot 6, Block 4, CREEKRIDGE ESTATES, Anoka County, Minnesota; except the northerly 10.00 feet of the drainage and utility easement parallel with the north line of said lot; except the southerly 10.00 feet of the drainage and utility easement parallel with the south line of said lot. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following condition: 1) That the request is subject to a sunset clause. If the City Council determines that no significant progress has been made within the first twelve months from the approval date the resolution shall be null and void. Adopted by the City Council of the City of Andover on this 3rd day of August 1999. CITY OF ANDOVER ATTEST rt...; /,-C,L- Victoria Volk, City Clerk J. C. O.E. McKelvey, Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 166 -99 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. _ 99 -32 FOR 1999 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 Overlays, Project 99 -32; and BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 3rd day of August 19 99 , with Councilmembers Knight, 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: .E. McKelvey - Mayor U/ / Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 165 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION RECEIVING AND REJECTING BIDS FOR PROJECT NOS. 94 -30B & 94 -30C FOR CITY HALL PARKING LOT CONSTRUCTION AND PARKING LOT LIGHTING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution Nos. 143 -99 & 142 -99 , dated July 6 , 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 receive and reject bids. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 3rd day of August , 19 99 , with Councilmembers Knight, Jacobson, McKelvey. Johnson, Orttel voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . L / h L E. McKelvey -Mayor Victoria Volk - City Clerk voting CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 164 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION RECEIVING AND REJECTING BIDS FOR PROJECT NO. _ 98 -22A FOR WELL PUMPHOUSE #7. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 141 -99 , dated July 6, 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 receive and reject bids. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 3rd day of August , 19 99 , with Councilmembers Knight, 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: , �'• 2, /) , yLi4 � .E. McKelvey - Mayor 6&11 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 163 -99 A RESOLUTION PERTAINING TO THE VARIANCE REQUESTS OF RALPH PEARSON AT 17539 FLINTWOOD STREET NW TO DEVIATE. FROM THE PROVISIONS OF ORDINANCE NO. 10, SECTION 9.06A3 (PIN 01- 32- 24 -42- 0003). WHEREAS, Ralph Pearson is owner of the following legally described parcel located at 17539 Flintwood Street NW (PIN 01- 32- 24 -42- 0003): That part of the Northwest Quarter of the Southeast Quarter of Section 1, Township 32, Range 24, Anoka County, Minnesota, lying south of the north 805.00 feet and easterly of the following described line: Commencing at the northwest corner of said Northwest Quarter of the Southeast Quarter; thence South 87 degrees 25 minutes 39 seconds East, assumed bearing, along the north line of said Northeast Quarter of the Southeast Quarter 698.25 feet to the actual point of beginning; thence South 01 degree 02 minutes 46 seconds West, parallel with the west line of said Northwest Quarter of the Southeast Quarter 399.12 feet; thence on a tangential curve concave to the west , having a central angle of 07 degrees 43 minutes 22 seconds and a radius of 1514.57 feet, a distance of 204.15 feet; thence South 8 degrees 46 minutes 8 seconds West, tangent to the last described curve 248.39 feet; thence on a tangential curve, concave to the east, having a central angle of 18 degrees 35 minutes 44 seconds and a radius of 791.61 feet, a distance of 256.91 feet; thence South 09 degrees 49 minutes 36 seconds East, tangent to the last described curve, 101.91 feet; thence on a tangential curve, concave to the west, having a central angle of 12 degrees 30 minutes 35 seconds and a radius of 504.54 feet, a distance of 110.16 feet, more or less to the south line of said Northeast Quarter of the Southeast Quarter and there terminating. WHEREAS, Ralph Peterson has requested the following variances to Ordinance 10, Section 9.06A3: 1) Vary approximately 2,850 s.f. (12.7 %) from the minimum requirement of 22,500 s.f. of contiguous buildable land to allow for the encroachment of a septic drainfield (Request No. 1). 2) Vary approximately 3,000 s.f. (13.3 %) from the minimum requirement of 22,500 s.f. of contiguous buildable land along the east of the building pad to minimize the slope and potential impact to protected DNR Wetland 695W (Request No. 2). 3) Vary approximately 1.4 feet (4.6 feet total) from the 6 -foot minimum elevation for height of the building pad above the seasonal high water mark (Request No. 3). WHEREAS, the Planning and Zoning Commission has reviewed said requests and has determined that only Request No. 1 meets the variance provisions of Ordinance No. 10, Section 17. WHEREAS, the Planning and Zoning Commission has determined that the hardship criteria of Ordinance No. 10, Section 17 is not present in Requests No. 2 and 3 because the property can meet ordinance requirements by brining in fill and adjusting the location of the building pad. WHEREAS, the Planning and Zoning Commission finds the approval of Request No. 1 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 Request No.I and denial of Requests No. 2 and 3. 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 Request No. 1 and denial of Requests No. 2 and 3 on said property with the following conditions: 1. That the applicant obtains all applicable building permits. 2. That the request is subject to a sunset clause. If the City Council determines that no significant progress has been made within the first twelve months from the approval date the resolution shall be null and void. Adopted by the City Council of the City of Andover on this 3rd day of August. 1999. CITY OF ANDOVER ATTEST: & .� dl?11-1 Victoria Volk, City Clerk 9. ///GA ' .E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R162 -99 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION FROM C, COMMERCIAL TO RU, RESIDENTIAL URBAN SINGLE FAMILY FOR DENNIS STEINLICHT AT 13305 CROOKED LAKE BLVD NW (PIN 33- 32- 24 -43- 0049). WHEREAS, Dennis Steinlicht has petitioned to change the land use district designation from C, Commercial to RU, Residential Urban Single Family on approximately 33,000 square feet legally described as follows: Lot 11 AUDITORS SUBDIVISION NO. 137; except the east 92.50 feet thereof, as measured along the north and south lies; except roads; subject to easements of record. 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; 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 conditions: Approval by Metropolitan Council. 2. That the parking lot along Crooked Lake Blvd. NW be removed and lawn be established per Ordinance No. 111. Adopted by the City Council of the City of Andover on this 3rd day of Au ust, 1999. CITY OF ANDOVER f G ATTEST: J.E. McKelvey, May L&I., �� Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R161 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST OF NANCY SUE KRIEGER TO OPERATE AN IN -HOME BEAUTY SALON LOCATED AT 16430 NARCISSUS ST. NW, (PIN 17- 32- 24 -11- 0007), LEGALLY DESCRIBED AS LOT 10, BLOCK 4, TIMBER MEADOWS 2ND ADDITION. WHEREAS, Nancy Sue Krieger has requested a Special Use Permit to allow for the operation of an in -home beauty salon located at 16430 Narcissus St. NW (PIN 17 -32- 24-11- 0007), legally described as Lot 10, Block 4, Timber Meadows 2nd 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 5.03 & 7.03; 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 the use will not cause serious traffic congestion or hazards; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby 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 a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). Page Two ASUP 99 -08 In - Home Beauty Salon 16430 Narcissus St. NW 2. That the in -home beauty salon will be limited to one (1) chair. 3. The hours of operation shall be Monday - Saturday 8 a.m. - 8 p.m. 4. Parking requirements shall be as set out in Ordinance No. 8, Section 8.08. 5. The salon shall comply with the State Cosmetology Board. 6. The septic system shall be subject to annual review and must be in compliance with Ordinance No. 221. 7. That said residence shall be owner occupied. 8. The Special Use Permit shall be subject to an annual review. 9. Upon sale of the premises for which the Special Use Permit is granted, such permit shall terminate. 10. That the applicant receive all necessary building permits. Adopted by the City Council of the City of Andover on this 3rd day of August, 1999. ATTEST: 1/� Victoria Volk, City Clerk CITY OF ANDOVER i .E. McKelvey, May CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 160 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 3 TO PROJECT NO. 97 -2, ANDOVER COMMERCIAL PARK (PHASE II) SITE GRADING. WHEREAS, the City of Andover has a contract for Project No. 97 -2 with E & H Earth Movers. Inc. of Lake Elmo, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 97 -2. Adopted by the City Council of the City of Andover this 20th day of July .1999. CITY OF ANDOVER ATTEST: !�• / ,& 4� E. McKelvey- Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -159- 99 RESOLUTION MODIFYING THE 1999 WATER FUND AND SEWER FUND FUND BUDGETS. WHEREAS, the City of Andover Water and Sewer Funds are primarily supported by user fees; and WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial management for planning and monitoring financial condition; and WHEREAS, the City Council of the City of Andover passed Resolution Number R- 245 -98 establishing the 1999 Levy; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby revises the 1999 Enterprise Fund Budgets as submitted, with revisions to expenses in the amount of $35,000 in Water and $12,000 in Sewer. Adopted by the City Council of the City of Andover this 20th day of July, 1999. ATTEST: L 4„ Victoria Volk, City Clerk CITY OF ANDOVER �. 21)G� J. E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 158 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION TERMINATING PROJECT 95 -5, SANITARY SEWER, AT 14122 PRAIRIE ROAD NW. WHEREAS, the City Council had previously approved Project 95 -5, sanitary sewer; and WHEREAS, the property owner has decided to reconstruct his existing septic system and not connect to the municipal sewer system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby terminate Project 95 -5, sanitary sewer at 14122 Prairie Road NW. BE IT FURTHER RESOLVED by the City Council of the City of Andover that all costs incurred under Project 95 -5 will be assessed to any future improvements on this property. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 20th day of Jul_, 19 99, with Councilmembers Knight, Jacobson. McKelvey, Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 157 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS FOR PROJECT NO. 99 -21 FOR SUNSHINE PARK SHELTER. WHEREAS, pursuant to Resolution No. 027 -99 , adopted by the City Council on the 1st day of June , 19 99 , St. Croix Recreation Co. Inc. has prepared final plans and specifications for Project 99 -21 for Sunshine Park Shelter WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of July 19 99. 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 I August 3 , 19 99 at the Andover City Hall. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 20th day of July , 19 99, with Councilmembers Knight, Jacobson. McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R156 -99 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR A STORAGE ADDITION, BECK'S AUTO 13585 THRUSH ST. NW (PIN 34- 32- 24 -32- 0018), LEGALLY DESCRIBED AS Lot 1, Block 3, Andover Commercial Park. WHEREAS, Beck's Auto has petitioned for an Amended Special Use Permit to construct an addition onto an existing building at 13585 Thrush St. NW (PIN 34 -32- 24-32- 0018), legally described as Lot 1, Block 3, Andover Commercial Park. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 5.03 & 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following condition: 1. Reaffirmation of conditions (1 -8) of Amended Special Use Permit Resolution #210 -97. 2. That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). Adopted by the City Council of the City of Andover on this 20th day of Jam, 1999. ATTEST: fi,�4X/ Victoria Volk, City Clerk CITY OF ANDOVER .E. McKelvey, May CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 155 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98 -29 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER IN THE FOLLOWING AREA GREY OAKS. WHEREAS, the City Council did on the 2nd day of March, 19 99, 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 Ath day of Julv , 19 99 ; 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 $ 1,097,457.85.. 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 $ 1.097,457.85 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 $ 165.000.00 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 regular meeting this 6th day of July , 19 99 , with Councilmembers Knight, Jacobson, McKelvey. Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: zyj� E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 154 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98 -27 FOR FOX HOLLOW. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 128 -99 , dated June 1 , 1998, bids were received, opened and tabulated according to law with results as follows: C.W. Houle, Inc. $1,018,792.70 Richard Knutson Inc. $1,067,591.22 Kober $1,077,047.39 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. 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 C.W. Houle. Inc. in the amount of $1.018.792.70 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 Orttel and adopted by the City Council at a regular meeting this 6th day of Jul, 19 99 , with Councilmembers Knight, Jacobson. McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: E. McKelvey - Mayor Of Victoria Volk - City Clerk voting CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R152 -99 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF WOODLAND MEADOWS THIRD ADDITION BY WOODLAND DEVELOPMENT CORPORATION LOCATED IN SECTION 10, 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; more 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 following: A variance to Ordinance No. 10, Section 9.03(G) as the length of the cul -de -sac exceeds the maximum 500' requirement. A variance of 126.5' is requested. 2. The developer obtains all necessary permits from the LRRWMO, 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 as determined by Ordinance No. 10, Section 9.07. 4. The existing driveway on Verdin Street NW shall be relocated to 169th Lane NW. 5. Any outstanding items of correction being completed to the satisfaction of the City. Adopted by the City Council of the City of Andover this 6th day of July , 19 99 . ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER .E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 151 -99 MOTION by Councilmember Jacobson to adopt the following A RESOLUTION RECEIVING BIDS, REJECTING BIDS AND ORDERING RE- ADVERTISEMENT FOR BIDS FOR CHESTERTON COMMONS NORTH (PROJECT 98 -36). CAMBRIDGE ESTATES 2ND ADDITION (PROJECT 98 -33) AND CHESTERTON COMMONS 3RD ADDITION (PROJECT 98 -34) FOR SANITARY SEWER, WATERMAIN, STREETS AND STORM SEWER. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution Nos. 102 -99, 104 -99 & 103-99, dated May 4, 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 receive and reject bids and order re- advertisement for bids. 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 . July 29 , 19 99 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 6th day of July, 19 99 , with Councilmembers Knight, Jacobson. McKelvey, Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: • f 4� Z " .E. McKelvey - Mayor LL, 4 . &� Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 150 -99 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREETS AND STORM SEWER , PROJECT NOS. 99-27, IN THE AREA OF MOORE'S ESTATES AND ADJACENT AREAS. WHEREAS, the City Council has received a nonsufficient petition, dated June 1. 1999 requesting the construction of improvements; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. Escrow amount for feasibility report is 0 2. The proposed improvement is hereby referred to the City Engineer 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 regular meeting this 6th day of July, 19 99, with Councilmembers Knight, Jacobson. McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 6& Victoria Volk - City Clerk me_ J - .E. McKelvey -Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 149 -99 A RESOLUTION DENYING THE VARIANCE REQUEST OF DAN AND KAMALA DEKOK FOR THE PLACEMENT OF A 10'X 10' FOOT = 100 SQUARE FOOT ACCESSORY STRUCTURE TO ENCROACH TWENTY -THREE AND ONE -HALF (23 1/2) FEET INTO THE THIRTY -FIVE FOOT SIDEYARD SETBACK FROM THE STREET (AS PER ORDINANCE NO. 8, SECTION 6.02) ON THE PROPERTY LOCATED AT 1297 142ND AVENUE NW, LEGALLY DESCRIBED AS LOT 2, BLOCK 2, CREEKVIEW CROSSING. WHEREAS, Dan and Kamala DeKok have requested a variance to Ordinance No. 8, Section 6.02 which requires a thirty-five (35) foot sideyard setback from the street to allow for the placement of a shed encroaching twenty -three and one -half (23 1/2) feet intc the sideyard setback from the street on the property located at 1297 142nd Avenue NW, legally described as Lot 2, Block 2, Creekview Crossing. WHEREAS, the City Council has reviewed the request and has determined that said request does not meet the criteria of Ordinance No. 8, Section 5.04 in the fact that no hardship exists due to the unique shape or topography of the property which would preclude the property owner reasonable use of his/her property; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby disagrees with the recommendation of the Planning and Zoning Commission and hereby denies the variance requested by Dan and Kamala DeKok to place a 10' x 10' = 100 square foot accessory structure to encroach twenty -three and one- half (23 1/2) feet into the sideyard setback from the street on the property located at 1297 142nd Avenue NW, legally described as Lot 2, Block 2, Creekview Crossing. Adopted by the City Council of the City of Andover on this 6th day of Jam, 1999. ATTEST: — 4 vii Victoria Volk, City Clerk CNGIIZ�T�. \►1�Z���i;3 . E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 148 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO EH RENNER & SONS. INC. FOR PROJECT NO. 97 -12 FOR THE IMPROVEMENT OF WELLS #7 & #8/TEST WELLS. WHEREAS, pursuant to a written contract signed with the City of Andover on May 5. 1998, EH Renner & Sons. 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 Johnson and adopted by the City Council at a regular meeting this 6th day of Jul_, 19 99, with Councilmembers_ Knight, Jacobson. McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: .E. McKelvey - Mayor L � azl� Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R147 -99 A RESOLUTION AMENDING RES. NO. R261 -98 SETTING FEES FOR PERMITS, REZONINGS, SPECIAL USE PERMITS, VARIANCES, PLATTING, LICENSE FEES, LOT SPLITS, RENTAL FEES AND VARIOUS OTHER FEES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following fees are established for the remainder of year 1999: Type of Fee Fee Rezoning Public Hearing Notification Sign $25.00 Special Use Permit Public Hearing Notification Sign $25.00 Preliminary Plat Public Hearing Notification Sign $25.00 Comprehensive Plan Amendment Public Hearing Notification Sign $25.00 Lot Split Public Hearing Notification Sign $25.00 Vacation of Easement Public Hearing Notification Sign $25.00 Adopted by the City Council of the City of Andover on this 6th day of July, 1999. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk ` t • E. McKelvey, Mayof CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R146 -99 A RESOLUTION REQUESTING A THREE (3) MONTH EXTENSION OF THE JUNE 30, 1999 DUE DATE FOR REVIEW OF THE CITY OF ANDOVER COMPREHENSIVE PLAN FOR CONSTANCY WITH AMENDED METROPOLITAN COUNCIL POLICY WHEREAS, state statures (Minn. Stat. 473.175- 473 -.871 (1996)) requires that cities review and revise their comprehensive plans for consistency with Metropolitan Council policy plans; and WHEREAS, the Metropolitan Council has amended its policy plans; and has provided system statements outlining Council policy relative the City of Andover; and WHEREAS, the City of Andover is required to review its comprehensive plan for consistency with the amended policy plans and to prepare a revised comprehensive plan for submission to the Metropolitan Council by June 30, 1999. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover requests that the Metropolitan Council grant the City of Andover a three (3) month extension to the deadline to complete its comprehensive plan; circulate the revised document to the adjacent governmental units and affected school districts for review and comment; and, following approval by the planning commission and after consideration by the city council, submit the plan to the Metropolitan Council for review. Adopted by the City Council of the City of Andover on this 6th day of July, 1998. CITY OF ANDOVER ATTEST: 44o. Uvz/,& Victoria Volk, City Clerk /J. E. McKelvey, Maya CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R145 -99 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR A CHURCH ADDITION, PRAIRIE OAK COMMUNITY CHURCH, 1657 161 ST AVENUE NW (PIN 15- 32- 24 -14- 0001). WHEREAS, Prairie Oak Community Church has requested an Amended Special Use Permit to construct an addition onto an existing building at 1657 161st Avenue NW (PIN 15- 32 -24 -14 -0001) legally described as follows: The Southeast Quarter of the Northeast Quarter of Section 15, Township 32, Range 24, Anoka County Minnesota, except Parcel 29, ANOKA COUNTY HIGHWAY RIGHT - OF - WAY PLAT No. 20, Anoka County, Minnesota, 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 5.03 & 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit as requested. Page Two ASUP 99 -06 Prairie Oak Community Church July 6, 1999 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following condition: 1) The Amended Special Use Permit will be subject to annual review and site inspection by City staff. 2) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). Adopted by the City Council of the City of Andover on this 6th day of July, 1999. ATTEST: U,& Victoria Volk, City Clerk CITY OF ANDOVER .. Z, ' �4ayor 14.E. McKelvey, M CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 144 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS FOR PROJECT NO. 98 -11A FOR JAY STREET NW FOR LANDSCAPING IMPROVEMENTS. WHEREAS, pursuant to Resolution No. 047 -99 , adopted by the City Council on the 16th day of February , 19 99 , SEH has prepared final plans and specifications for Project 98 -11A for Jay Street NW for Landscaping improvements. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of July , 19 99 . 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 30 1999 at the Andover City Hall. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 6th day of July 19 99, with Councilmembers Knight, Jacobson, McKelvey. Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER . Z. E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 143 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION 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 — 21 st day of January , 19 97 , City Engineer 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 6th day of July , 19 99 . 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 29 , 19 99 at the Andover City Hall. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 6th day of July , 19 99, with Councilmembers Knight, Jacobson, McKelvey Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: d„4� 444 Victoria Volk - City Clerk CITY OF ANDOVER G E. McKelvey - Mayg, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 142 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION 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 Engineer has prepared final plans and specifications for Project 94 -30C for City Hall Parkinq Lot Lighting_. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of July , 19 99 . 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 29 , 19 99 at the Andover City Hall. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 6th day of Jul_, 19 99, with Councilmembers Knight, Jacobson. McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER 09 1 CC J.E. McKelvey -Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 141 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98 -22A FOR WELL PUMPHOUSE #7. WHEREAS, pursuant to Resolution No. 048 -99 , adopted by the City Council on the 16th day of February , 19 99 , TKDA has prepared final plans and specifications for Project 98 -22A for Well Pumphouse #7. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of July , 19 99 . 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 29 _'1999 at the Andover City Hall. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 6th day of Jul_, 19 99, with Councilmembers _ Knight, Jacobson, McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 001 -99 MOTION by Councilmember Knight 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. 98-36, IN THE CHESTERTON COMMONS NORTH 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. 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 regular meeting this 5th day of January , 19 99, with Councilmembers Knight, Jacobson, McKelvey, Johnson, Orttel voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: .E. McKelvey - Mayor Victoria Volk - City Clerk voting CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 002 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING PREPARATION OF A REVISED FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER—, PROJECT NO. 98 -9 , IN THE CAMBRIDGE ESTATES (PHASE I /SOUTH AREA). WHEREAS, the City Council has received a petition, dated April 14. 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. The proposed improvement is hereby referred to MFRA and they are instructed to provide the City Council with a revised feasibility report. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 5th day of January , 19 99, with Councilmembers Knight, 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: J. L • G J.E. McKelvey -Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 003 -99 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 1999 is the Anoka office of Norwest 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 National Association Inc.; 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 Investment Emporium in conjunction with Royal Alliance Associates, Inc. be designated as additional depositories for 1999 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 ail 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 5th day of January, 1999. CITY OF ANDOVER ATTEST: J. E. McKelvey - May r Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R004 -99 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF BUNKER, LLC, INC. TO AMEND THE PLANNED UNIT DEVELOPMENT OF "SHADOWBROOK" TO DEVELOP 40 DETACHED SINGLE FAMILY TOWNHOMES AND THREE SINGLE FAMILY URBAN LOTS TO BE KNOWN AS THE SUBDIVISION OF "SHADOWBROOK FIFTH ADDITION' ON THE PROPERTY LEGALLY DESCRIBED BELOW. WHEREAS, Bunker, LLC, Inc. has requested an Amended Special Use Permit to amend the Planned Unit Development of "Shadowbrook" to develop 40 single family detached townhomes and three single family urban lots to be known as the subdivision of "Shadowbrook Fifth Addition" pursuant to Ordinance No. 8, Section 4.18, Planned Unit Developments on the property legally described as follows: All of Lot 7 and that part of Lots 8 & 9, Auditors Subdivision No. 141 which lies south of County Ditch No. 57 (Coon Creek). Except therefrom that part platted as Shadowbrook Third Addition. 1 Lot 1, Block 2, Shadowbrook Third 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 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of Ordinance No. 8, Section 4.18, Planned Unit Developments; 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 Special Use Permit as requested. Page Two Resolution Amended Special Use Permit - Planned Unit Development Shadowbrook - Bunker, LLC, Inc. January 5, 1998 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 Bunker LLC, Inc. to amend the Planned Unit Development on said property with the following conditions: 1. All variances associated with the approval of the Amended Special Use Permit for the Planned Unit Development shall be approved with the approval of the revised preliminary plat. 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 on the approval of the revised preliminary plat of Shadowbrook. 5. A property owners association shall be created with the following documents provided to the City for review and approval prior to being recorded with the final plat: 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 and other requirements as deemed necessary by the City. Adopted by the City Council of the City of Andover on this 5th day of January, 1999. CITY OF ANDOVER Y�lc- ATTEST E. McKelvey, May Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R005 -99 A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF "SHADOWBROOK" BY BUNKER, LLC LOCATED IN SECTION 25 & 36, 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 revised preliminary plat of "Shadowbrook "; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council approval of that portion of the revised preliminary plat to be known as "Shadowbrook Fifth Addition" subject to the following: 1. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 2. Contingent upon approval of the Amended Special Use Permit for the Planned Unit Development. 3. The owner shall dedicate all easements at the time of the final plat. 4. Variance from Ordinance No. 10, Section 9.06a3 to allow the developer to use the report from GME Consultants dated March 6, 1995 and letter dated August 16, 1995 to establish the lowest floor elevation based on estimated groundwater level and waive mottling soil requirements contingent upon the GME and Braun Intertec reports regarding the evaluation or monitoring of the groundwater during mass grading. 5. Variance from Ordinance No. 10, Section 9.06a3 to allow the developer to use the letter from GME Consultants dated April 8, 1996 (revised April 19, 1996) to allow the lowest floor elevations to be lower than the 100 year flood elevations for detention ponds (areas that drain dry over a period of time) for Lots/Units 1 -40, Block 1 and Lots/Units 1 -3, Block 2. 6. Variances be granted from Ordinance No. 8, Section 6.02 for a 10' variance to the 35' front yard setback requirement for Lots/Units 1 -40, Block 1, 7. Variances from the minimum lot requirements (area, width, depth, rear and side yard setbacks) for Lots 1 -40, Block 1 as specified in Ordinance No. 8, Section 6.02. Adopted by the City Council of the City of Andover this 5th day of January 119 99 . ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER J.E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 006 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A REVISED FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER , PROJECT NO. 98 -28 , IN THE SHADOWBROOK 5TH ADDITION AREA. WHEREAS, the City Council has received a petition, dated October 30, 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. 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 Orttel and adopted by the City Council at a regular meeting this 5th day of January , 19 99, with Councilmembers Jacobson. McKelvey. Johnson, Orttel, Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ; G - MC edv__e_u U.E. McKelvey- Mayor de�- 4&Z Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 007 -99 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A REVISED FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER , PROJECT NO. 97 -49 , IN THE CHESTERTON COMMONS 2ND ADDITION 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. Escrow amount for feasibility report is $1,000.00 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 regular meeting this 5th day of January , 19 99, with Councilmembers Orttel, Jacobson, McKelvey Knight. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I Z' �i L C� PrC,.`14 ,E. McKelvey - Mayor O.r� Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ►• �I:.. MOTION by Councilmember Orttel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A REVISED FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER , PROJECT NO. 97 -34 , IN THE CHESTERTON COMMONS 3RD ADDITION AREA. WHEREAS, the City Council has received a petition, dated November 30.1998, 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. 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 regular meeting this 5th day of January , 19 99, with Councilmembers Orttel, Jacobson, McKelvey. Knight, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: �" )N, ` J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 009 -99 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A REVISED FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER , PROJECT NO. 98 -30 , IN THE CHESTERTON COMMONS 4TH ADDITION 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. 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 regular meeting this 5th day of January , 19 99, with Councilmembers Orttel, Jacobson, McKelvey, Knight. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' �' _&Sl J.E. McKelvey - Mayor U� Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 010 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF A TRAFFIC SIGNAL PROJECT NO.99 -5 FOR JAY STREET NW & BUNKER LAKE BOULEVARD NW. WHEREAS, the City Council is cognizant of the need for a traffic signal; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of a traffic signal, for Project 99 -5; 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 regular meeting this 19th day of January , 19 99 , with Councilmembers Knight, Jacobson, Orttel, McKelvey. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: �• N6 / .E. McKelvey - May r Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 011 -99 A RESOLUTION DESIGNATING NO PARKING WITHIN THE ORCHID STREET NW CUL -DE -SAC JUST SOUTH OF 138TH AVENUE NW (BEHIND THE FARMSTEAD). 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 a potential problem. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover that there be no parking within the Orchid Street NW cul -de -sac just south of 138th Avenue NW (behind The Farmstead). Adopted by the City Council of the City of Andover this 19th day of January , 1999. ATTEST: s, L' 4dG4 _ M.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 012 - 99 RESOLUTION ADOPTING THE 1999 DEBT SERVICE BUDGET WHEREAS, the preparation and adoption of operating budgets is recognized a 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 Andover City Council has the responsibility to appropriately and efficiently manage the funds of the City; WHEREAS, the City of Andover complies with the State of Minnesota Truth in Taxation requirements including soliciting public input through a public hearing; and NOW, THEREFORE, BE IT RESOLVED that the Andover City Council hereby establishes the 1999 Debt Service Budget as submitted. Adopted by the Andover City Council on this 19th day of January, 1999. E. McKelvey, Mayor ATTEST: l%,.GK/ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 013 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING DEDUCT CHANGE ORDER # 1 TO PROJECT NO. 97 -46. WELL #6-. WHEREAS, the City of Andover has a contract for Project No. 97-46 with Municipal Builders. Inc. of Anoka. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 97-46. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 19th day of January , 19 99 , with Councilmembers Knight, Jacobson. McKelvey, Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ' �; A /1 O.E. McKelvey - Mayo Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R014 -99 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION FROM RU, RESIDENTIAL URBAN SINGLE FAMILY TO C, COMMERCIAL FOR GERALD AND CAROL WINDSCHITL ON PROPERTY OWNED BY ASHFORD DEVELOPMENT CORP., INC. (PIN 23- 32- 24 -23- 0003). WHEREAS, Gerald and Carol Windschitl has petitioned for an amendment to the Andover Comprehensive Land Use Plan on property owned by Ashford Development Corp., Inc. to change the land use district designation from RU, Residential Urban Single Family to C, Commercial on approximately 5.45 in the southwest corner of the CHESTERTON COMMONS Preliminary Plat in Section 23, legally described as follows: That part of the Southwest Quarter of the Northwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the Southwest comer of the Southwest Quarter of the Northwest Quarter of said Section 23; thence North 00 degrees 02 minutes 19 seconds East, assumed bearing, along the west line thereof a distance of 720.12 feet to the intersection with the north line of the South 720.00 feet of said Southwest Quarter of the Northwest Quarter; thence South 88 degrees 53 minutes 56 seconds East, along said north line a distance of 303.14 feet; thence South 57 degrees 53 minutes 02 seconds East a distance of 31.76 feet to the east line of the west 330.00 feet of said Southwest Quarter of the Northwest Quarter; thence South 00 degrees 02 minutes 19 seconds West, along said east line a distance of 703.76 feet to the south line of said Southwest Quarter of the Northwest Quarter; thence North 88 degrees 53 minutes 56 seconds West a distance of 330.06 feet to the point of beginning. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves said amendment to the Comprehensive Land Use Plan with the following conditions: Approval by Metropolitan Council. Page Two CPA 98 -02, RU to SC Gerald and Carol Windschitl 2. Approval of an amended preliminary plat for Chesterton Commons excluding the proposed parcel. That the proposed development of the area does not disrupt and takes into account neighboring storm drainage. Adopted by the City Council of the City of Andover on this 19th day of January, 1999. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk PI.E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R016 -99 A RESOLUTION APPROVING THE REVISED PRELIMINARY PLAT OF "CHESTERTON COMMONS" BY ASHFORD DEVELOPMENT CORPORATION AND GERALD AND CAROL WINDSCHITL LOCATED IN SECTION 23, 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 revised preliminary plat of "Chesterton Commons "; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council approval of that portion of the revised preliminary plat to be known as "Chesterton Commons Fourth Addition" subject to the following: 1. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 2. The owner shall dedicate all easements at the time of the final plat. 3. Park dedication as recommended by the Park and Recreation Commission. 4. Address Planning Department, Engineering Department, TKDA and MFRA comments to the Eatisfaction of the City. 5. Bikeway /walkway trail along Hanson Boulevard NW (cost share of 50150 split between developer and City). 6. Additional conditions added by the City Council to insure the drainage from the Hamilton Square plat is provided for through the site to Ditch No. 37 through the executed development contract agreements between the City and the developer, Mr. Windschitt. 7. Contingent upon the approval of the Comprehensive Plan Amendment and agreement to the contract rezoning of the property by the developer, Mr. Windschitl. Adopted by the City Council of the City of Andover this 19th day of January 99 . CITY OF ANDOVER ATTEST: ,( � �� i McKelvey, Mayor Victoria Volk, City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R017 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF CHESTERTON COMMONS SECOND ADDITION , AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION-, IN SECTION 23- 32 -24, Anoka County, Minnesota. WHEREAS, the City Council conditionally approved the preliminary plat of the Development of Chesterton Commons ; and WHEREAS, the Developer has presented the final plat of Chesterton Commons Second Addition; and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Chesterton Commons 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. }). 5. Street light costs to be paid to Connexus Energy. Costs to be determined by Connexus Energy. 6. Receipt of all drainage and utility easements within and outside the plat if necessary as determined by the City. 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. 9. Bikeway /walkway to be constructed along Hanson Boulevard NW. The developer shall pay 50% of the cost and the City shall pay 50% of the cost. 10. Contingent on staff review and approval for compliance with City ordinances, polices & guidelines. 11. Variance to Ordinance No. 8, Section 6.02, lot depth for the following: Lots 18 & 19, Block 2 Lot 1, Block 3, Lots 4,7,8,9, Block 5 Page Two Resolution Final Plat - Chesterton Commons Second Addition January 19, 1999 12. Variance to Ordinance No. 10, Section 9.03G for length of cul -de -sac of Bluebird Street NW exceeds 500 feet (542.16 ft.). 13. Variances to Ordinance No. 10, Section 9.03G for length of temporary cul- de -sac exceeding 210' (Crane Street is 230') 14. Construction of additional temporary cul -de -sacs as deemed necessary by the City if Cambridge Estates does not develop simultaneously. 15. Shall adhere to the geotechnical report accepted by the City. 16. The final plat shall be recorded concurrently with the final plats of Chesterton Commons Third and Chesterton Commons Fourth Additions within thirty (30) days of notification of approval by the City Clerk. 17. Contingent upon the approval of the Comprehensive Plan Amendment by the Metropolitan Council and the agreement of the contract rezoning of the property by the developer. 18. Variance to Ordinance No. 10, Section 9.06A1 and Section 4 to the 100' buildable requirement for Lots 3 & 4, Block 5. Adopted by the City Council of the City of Andover this 19th day of January, 19 99. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayo Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 018-99 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ACCEPTING REVISED FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97 -49 FOR _ SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER IN THE FOLLOWING AREA CHESTERTON COMMONS 2ND ADDITION . WHEREAS, the City Council did on the 5th day of January, 19 99 , order the preparation of a revised feasibility study for the improvement; and WHEREAS, such revised feasibility study was prepared by MFRA and presented to the Council on the 19th day of January , 19 99; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the revised feasibility study and declares the improvement feasible, for an estimated cost of $954.200.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the revised feasibility report with an estimated total cost of improvements of $ 954.200.00 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 that the developer has previously escrowed $ 169.000.00 for the preparation of the plans and specifications and this shall be carried forth and applied to this project. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of January , 19 99 , with Councilmembers Knight, Jacobson. McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: G J.E. McKelvey - Mayo Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 019 -99 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS FOR PROJECT NO. 97 -49 FOR CHESTERTON COMMONS 2ND ADDITION. WHEREAS, pursuant to Resolution No. 018 -99 , adopted by the City Council on the 19th day of January , 19 99, MFRA has prepared final plans and specifications for Project 97-49 for Chesterton Commons 2nd Addition. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of January '19 99. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications with the following conditions: 1. Comprehensive Plan amendment approval by the Metropolitan Council. 2. Acceptance of the contractual rezoning by the developer. 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 11 , 19 99 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of January , 19 99, with Councilmembers Knight, Jacobson. McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: • � o J.E. McKelvey - Mayor Victoria Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R020 -99 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF CHESTERTON COMMONS THIRD ADDITION-, AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, IN SECTION 23- 32 -24, Anoka County, Minnesota. WHEREAS, the City Council conditionally approved the preliminary plat of the Development of Chesterton Commons ; and WHEREAS, the Developer has presented the final plat of Chesterton Commons Third Addition: and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Chesterton Commons Third 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.)). 5. Street light costs to be paid to Connexus Energy. Costs to be determined by Connexus Energy. 6. Receipt of all drainage and utility easements within and outside the plat if necessary as determined by the City. 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, 9. Bikeway /walkway to be constructed along Hanson Boulevard NW. The developer shall pay 50% of the cost and the City shall pay 50% of the cost. 10. Contingent on staff review and approval for compliance with ordinances, polices & guidelines. 11. Variance to Ordinance No. 8, Section 6.02, lot depth for Lot 17, Block 1. 12. Variance to Ordinance No. 8, Section 9.06A1 and Section 4A for the front 100' buildability requirement for the following: Lots 6 & 7, Block 1 Lots 10 & 11, Block 2 Page Two Resolution Final Plat - Chesterton Commons Third Addition January 19, 1999 13. Shall adhere to the geotechnical report accepted by the City. 14. The final plat shall be recorded concurrently with the final plats of Chesterton Commons Second and Chesterton Commons Fourth Additions within thirty (30) days of notification of the approval by the City Clerk. 15. Contingent upon the approval of the Comprehensive Plan Amendment by the Metropolitan Council and the acceptance of the agreement of the contract rezoning by the developer. Adopted by the City Council of the City of Andover this 19th day of _January. 19 99 . ATTEST: , /�!/�, Victoria Volk - City Clerk CITY OF ANDOVER �• )1-7O .E. McKelvey 6Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 021 -99 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ACCEPTING REVISED FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98 -34 FOR _ SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER IN THE FOLLOWING AREA CHESTERTON COMMONS 3RD ADDITION . WHEREAS, the City Council did on the 5th day of January, 19 99, order the preparation of a revised feasibility study for the improvement; and WHEREAS, such revised feasibility study was prepared by MFRA and presented to the Council on the 19th day of January , 19 99 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the revised feasibility study and declares the improvement feasible, for an estimated cost of $522.600.00 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the revised feasibility report with an estimated total cost of improvements of $ 522,600.00 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 $ 65,100.00 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 regular meeting this 19th day of January , 19 99 , with Councilmembers Knight, Jacobson. McKelvey. Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST:• �e ' .E. McKelvey -Mayo Victoria Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R022 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF CHESTERTON COMMONS FOURTH ADDITION , AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, IN SECTION 23- 32 -24, Anoka County, Minnesota. WHEREAS, the City Council conditionally approved the preliminary plat of the Development of Chesterton Commons _; and WHEREAS, the Developer has presented the final plat of Chesterton Commons Fourth 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 Chesterton Commons Fourth 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. }). 5. Street light costs to be paid to Connexus Energy. Costs to be determined by Connexus Energy. 6. Receipt of all drainage and utility easements within and outside the plat if necessary as determined by the City. 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. 9. Bikeway /walkway to be constructed along Hanson Boulevard NW. The developer shall pay 50% of the cost and the City shall pay 50% of the cost. 10. Contingent on staff review and approval for compliance with City ordinances, polices & guidelines. 11. Variance to Ordinance No. 8, Section 6.02, lot depth for Lot 5, Block 2. Page Two Resolution Final Plat - Chesterton Commons Fourth Addition January 19, 1999 12. Variance to Ordinance No. 10, Section 9.06A1 and Section 4 for the buildability requirement of the front 100 feet being buildable for Lots 4 & 5, Block 2. 13. Construction of temporary cul -de -sac for 154th Lane NW if Chesterton Commons Second Addition does not develop simultaneously. 14. Shall adhere to the geotechnical report accepted by the City. 15. The final plat shall be recorded concurrently with the final plats of Chesterton Commons Second and Chesterton Commons Third Additions within thirty (30) days of notification of approval by the City Clerk. 16. Contingent upon the approval of the Comprehensive Plan Amendment to a commercial land use and a rezoning to SC, Shopping Center, and the acceptance of the contractual rezoning by the developer. 17. Sidewalks to be constructed by the developer along both sides of 154th Lane NW from Hanson Boulevard NW to Eagle Street NW. Adopted by the City Council of the City of Andover this 19th day of January, 19 99. ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER J• 1' m E . McKelvey - MaydV CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 023 -99 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ACCEPTING REVISED FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98 -30 FOR _ SANITARY SEWER, WATERMAIN STREET AND STORM SEWER IN THE FOLLOWING AREA CHESTERTON COMMONS 4TH ADDITION . WHEREAS, the City Council did on the 5th day of January, 19 99 , order the preparation of a revised feasibility study for the improvement; and WHEREAS, such revised feasibility study was prepared by MFRA and presented to the Council on the 19th day of January , 19 99 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the revised feasibility study and declares the improvement feasible, for an estimated cost of $352.300.00 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the revised feasibility report with an estimated total cost of improvements of $ 352.300.00 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 $ 60.000.00 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 regular meeting this 19th day of January , 19 99 , with Councilmembers Knight, Jacobson McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: E. McKelvey - Mayor Victoria Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R024 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF CAMBRIDGE ESTATES , AS BEING DEVELOPED BY CAMBRIDGE CAPITAL INC. , IN SECTIONS 14 & 23- 32 -24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of the Development of Cambridge Estates ; and WHEREAS, the Developer has presented the final plat of Cambridge Estates: 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 Cambridge Estates contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc. }) and a contract for the improvements awarded. 5. 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. 9. Bikeway /walkway to be constructed along Hanson Boulevard NW. Developer shall pay 50% of the cost and the City shall pay 50% of the cost. 10. Contingent on staff review and approval for compliance with City ordinances, polices & guidelines. 11. Variance to Ordinance No. 10, Section 9.06A1 for Lots 1, 6 & 8, Block 2 as they do not meet the 100' buildabilty requirement. 12. Variances to Ordinance No. 10, Section 9.03G which requires the construction of temporary cul -de -sacs for the continuation of streets when the length of the cul -de -sac exceeds 210' for 155th Avenue NW and Crane Street NW. 13. Variances to Ordinance No. 10, Section 9.03G for Eagle Street NW to exceed the maximum 500' cul -de -sac length by 24.6'. 14. A variance to Ordinance No. 8, Section 6.02 for Lot 7, Block 4, minimum lot Page Two Resolution Final Plat - Cambridge Estates January 19, 1999 15. Variance to Ordinance No. 10, Section 9.06F for the double frontage lots on Lots 1 -3, Block 3. 16. The plat will not be developed fully until the plat to the south is developed. 17. The final plat shall be recorded within thirty (30) days of notification of approval by the City Clerk. 18. The developer shall final plat and record Outlot A as shown on the preliminary plat as a part of this final plat (Cambridge Estates). Adopted by the City Council of the City of Andover this 19th day of January , 19 99 . CITY OF ANDOVER ATTEST: I � • );!;�, E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 025 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING REVISED FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98 -9 FOR _ SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER IN THE FOLLOWING AREA CAMBRIDGE ESTATES (PHASE I /SOUTH AREA) . WHEREAS, the City Council did on the 5th day of January, 19 99 , order the preparation of a revised feasibility study for the improvement; and WHEREAS, such revised feasibility study was prepared by MFRA and presented to the Council on the 19th day of January , 19 99 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the revised feasibility study and declares the improvement feasible, for an estimated cost of $618.800.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the revised feasibility report with an estimated total cost of improvements of $ 618.800.00 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 $ 92.820.00 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 regular meeting this 19th day of January , 19 99 , with Councilmembers Knight, Jacobson, McKelvey, Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: e,� 62,& Victoria Volk - City Clerk CITY OF ANDOVER ✓�. E. McKelvey - Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF THE INCLUSION OF SEWER & WATER STUBS, PROJECT NO. 98 -17, IN THE BUNKER LAKE BOULEVARD NW RECONSTRUCTION AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically sewer and water stubs in the Bunker Lake Boulevard Reconstruction project and to include stubbing in for commercial flowage of water for both ends of the Bunker Lake Boulevard proposed commercial area in the following described area: Bunker Lake Boulevard from Jay Street to Quay Street ; and WHEREAS, the City Council proposes to asses the benefiting property for all or portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the City Engineer 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 special meeting this 25th day of January, 19 99, with Councilmembers Jacobson. Orttel, McKelvey. Johnson, Knight (Absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: L� E. McKelvey - Mayor r dea Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 028 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98 -33 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER IN THE FOLLOWING AREA CAMBRIDGE ESTATES 2ND ADDITION . WHEREAS, the City Council did on the 15th day of December, 19 98, 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 2nd day of February , 19 99 ; 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 $ 202.500.00 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 $ 202.500.00 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 $ 8.000.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 2nd day of February , 19 99 , with Councilmembers Jacobson. Knight, McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 7 3/ ATTEST: Urt,ci' Y.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 029 -99 A RESOLUTION SETTING AN APPRAISAL FEE COLLECTION FOR DETERMINING MARKET VALUES AS REQUIRED IN ORDINANCE 10BB, SECTION 9.07.6. The City Council of the City of Andover hereby resolves. The following fees are hereby established for the year 1999. Type of Fee Fee Appraisal Collection Fee As Determined by the Appraiser Adopted by the City Council of the City of Andover this 2nd day of February , 1999. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayo � Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 030 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98 -28 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER IN THE FOLLOWING AREA SHADOWBROOK 5TH ADDITION. WHEREAS, the City Council did on the 5th day of January , 19 99, 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 2nd day of February , 19 99 ; 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 $ 588,827.00 . 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 $ 588,827.00 waive the Public Hearing. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby require the developer to escrow for the sum of $ 88.325.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 2nd day of February , 19 99 , with Councilmembers Jacobson, Knight, McKelvey, Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF AN DOVE ATTEST: 7 d��_ /r .E. McKelvey - Mayor Victoria Volk --City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031 -99 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. 99 -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 Sealing Improvements, Project 99 -3; and BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 2nd day of February , 19 99 , with Councilmembers Jacobson, Knight McKelvey. Orttel Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER �G , .E. McKelvey - MayoV CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032 -99 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. 99 -4 FOR THE SEAL COATING IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the trail improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Seal Coating Improvements, Project 99 -4; and BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 2nd day of February , 19 99 , with Councilmembers Jacobson. Knight, McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayo 'd:�- 6� Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 033 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO.-98-9 FOR CAMBRIDGE ESTATES (PHASE I /SOUTH AREA). WHEREAS, pursuant to Resolution No. 193 -98 & 025 -99 , adopted by the City Council on the 6th day of October , 1998 and 19th day of January , 19 99 , MFRA has prepared final plans and specifications for Project 98 -9 for _ Cambridge Estates (Phase I /South Area) . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 2nd day of February .19 99. 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 26, 19 99 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 2nd day of February , 19 99, with Councilmembers Jacobson. Knight, McKelvey, Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: E. McKelvey - Mayo _ „� A( , Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R034 -99 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF ANDREW KRINITSYN TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON LOT 7 BLOCK 1, DOSTALER -HANE ADDITION, 4440 145TH LANE NW (PIN 30- 32- 24 -24- 0008). WHEREAS, Andrew Krinitsyn has requested to vacate a portion of a drainage and utility easement located at 4440 145th Lane NW, legally described as follows: The 10' drainage and utility easement along the western boundary of Lot 7, Block 1, DOSTALER -HANE ADDITION; except the north 10 feet and except the south 10 feet of said lot. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE., BE I'1' RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following condition: 1) Dedication of a drainage and utility easement to the City along the property line created by Resolutions R208 -98 and R209 -98. Adopted by the City Council of the City of Andover on this 2nd day of February, 1999. CITY OF ANDOVER ATTEST A� Victoria Volk, City Clerk /J.E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R035 -99 A RESOLUTION ACCEPTING A DRAINAGE AND UTILITY EASEMENT FROM ANDREW KRINITSYN AT 4440 145TH LANE NW (PIN 30- 32- 24- 24- 0008). WHEREAS, Andrew Krinitsyn presents a drainage and utility easement to be dedicated to the City of Andover at 4440 145th Lane NW, legally described as follows: A ten (10) foot drainage and utility easement located east and parallel with the following described line: Commencing at the southeast corner of Lot 8, Block 1, DOSTALER -HANE ADDITION, Anoka County, Minnesota; thence west along the south line of said lot 75.00 feet to the actual point of beginning of the line to be described; thence northwesterly to a point on the northwesterly line of Lot 7, Block 1, DOSTALER -HAKE ADDITION distant 98.76 feet southwesterly of the most northerly corner of said Lot 7 as measured along said northwesterly line of Lot 7; said line thence terminating. 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 2nd day of February, 1999. CITY OF ANDOVER ATTEST 6�" Victoria Volk, City Clerk K . elvey, Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 036 -99 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF BRUCE OLSON TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON LOT 8 BLOCK 1, DOSTALER -HANE ADDITION, 4464145TH LANE NW (PIN 30- 32- 24 -24- 0009). WHEREAS, Bruce Olson has requested to vacate a portion of a drainage and utility easement located at 4464 145th Lane NW, legally described as follows: The 10' drainage and utility easement along the eastern boundary of Lot 8, Block 1, DOSTALER -HANE ADDITION; except the north 10 feet and except the south 10 feet of said lot. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following condition: 1) Dedication of a drainage and utility easement to the City along the property line created by Resolutions R208 -98 and R209 -98. Adopted by the City Council of the City of Andover on this 2nd day of February, 1999. CITY OF ANDOVER ATTEST d'f� Victoria Volk, City Clerk P.E. McKelvey, Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R037 -99 A RESOLUTION ACCEPTING A DRAINAGE AND UTILITY EASEMENT FROM BRUCE OLSON AT 4464 145TH LANE NW (PIN 30- 32- 24 -24- 0009). WHEREAS, Bruce Olson presents a drainage and utility easement to be dedicated to the City of Andover at 4464 145th Lane NW, legally described as follows: A ten (10) foot drainage and utility easement located west and parallel with the following described line: Commencing at the southeast corner of Lot 8, Block 1, DOSTALER -HANE ADDITION, Anoka County, Minnesota; thence west along the south line of said lot 75.00 feet to the actual point of beginning of the line to be described; thence northwesterly to a point on the northwesterly line of Lot 7, Block 1, DOSTALER -HANE ADDITION distant 98.76 feet southwesterly of the most northerly corner of said Lot 7 as measured along said northwesterly line of Lot 7; said line thence terminating. 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 2nd day of February, 1999. CITY OF ANDOVER ATTEST Victoria Volk, City Clerk A.E. McKelvey, Mayor COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R039 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF CHESTERTON COMMONS NORTH , AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, IN SECTION 14- 32 -24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of the Development of Chesterton Commons North ; and WHEREAS, the Developer has presented the final plat of Chesterton Commons North: and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Chesterton Commons North 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. 9. Contingent on staff review and approval for compliance with City ordinances, polices & guidelines. 10. Variance to Ordinance No. 10, Section 9.06A1 and Section 4 for Lot 8, Block 2 as the lot does not meet the 100' buildabilty requirement due to the location of delineated wetlands (15' variance). 11. Variances to Ordinance No. 10, Section 9.03G which requires the construction of temporary cul -de -sacs for the continuation of streets when the length of the cul -de -sac exceeds 210' for Crane Street NW and Drake Street NW. 11 Variance to Ordinance No. 10, Section 9.06F for the double frontage lots on Lots 1 -3, Block 2 due to the location of the delineated wetlands. Lots shall front on 159th Avenue NW. Page Two Resolution Final Plat - Chesterton Commons North Ashford Development Corporation February 2, 1999 13. Outlots A -C shall be combined with the property to the North. 14. The final plat shall be recorded within thirty (30) days of notification of approval by the City Clerk. 15. The developer is utilizing a certified geotechnical engineer to establish the lowest floor elevations based on estimated groundwater levels and waiving the mottled soil requirement as provided in Ordinance No. 10, Section 9.06A1. 16. The developer shall escrow $1,000.00 for the future construction of a bikeway/walkway trail along Hanson Boulevard NW. If the trail is not constructed, the money shall be refunded with interest. Adopted by the City Council of the City of Andover this 2nd day of February , 19 99 . CITY OF ANDOVER ATTEST: i r //// 11• ///� .E. McKelvey - Mayod !/� .Cra in/ U Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 040 -99 MOTION by Councilmember Knight 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. 98 -36 FOR SANITARY SEWER, WATERMAIN, STREET AND STORM SEWER IN THE FOLLOWING AREA CHESTERTON COMMONS NORTH. WHEREAS, the City Council did on the 5th day of January , 1999, 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 16th day of February , 19 99 ; 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 $ 625.300.00 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 $ 625.300.00 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 $ 105.800.00 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 regular meeting this 16th day of February , 19 99 , with Councilmembers Knight, Johnson, McKelvey, Jacobson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: E. McKelvey - Mayo Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 041 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO.-99-3 FOR CRACK SEALING . WHEREAS, pursuant to Resolution No. 031 -99 , adopted by the City Council on the 2nd day of February , 19 99 , City Engineer has prepared final plans and specifications for Project 99 -3 for Crack Sealing . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of February , 19 99 . 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, Friday, March 12 . 19 99 at the Andover City Hall. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 16th day of February 19 99 , with Councilmembers Knight, Johnson, McKelvey, Jacobson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: /,&,/ Victoria Volk - City Clerk CITY OF ANDOVER . J.E. McKelvey - Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 042 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS FOR PROJECT NO. 99-4 FOR SEAL COATING . WHEREAS, pursuant to Resolution No. 032 -99 , adopted by the City Council on the 2nd day of February , 19 99 , City Engineer has prepared final plans and specifications for Project 99-4 for Seal Coating . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of February , 19 99 . 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, Friday, March 12 .19 99 at the Andover City Hall. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 16th day of February 19 99 , with Councilmembers Knight, Johnson, McKelvey. Jacobson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: L Z�� Victoria Volk - City Clerk CITY OF ANDOVER JJE. McKelvey - Mays CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 043 -99 A RESOLUTION APPROVING AN AGREEMENT RELATING TO PARKING RESTRICTIONS ON BOTH SIDES OF BUNKER LAKE BOULEVARD NW (COUNTY STATE AID HIGHWAY 116) FROM ROUND LAKE BOULEVARD NW (COUNTY STATE AID HIGHWAY 9) TO CRANE STREET NW, ANDOVER, MINNESOTA. THIS AGREEMENT, made and entered into this 16th day of February, 1999, by and between the City of Andover, in Anoka County, Minnesota, and the Commissioner of Transportation, State of Minnesota. The Municipal Corporation shall hereinafter be called the "City" and the Commissioner of Transportation of the State of Minnesota hereinafter shall be referred to as the "Commissioner ", WITNESSETH: WHEREAS, the "City" has planned the improvement of Bunker Lake Boulevard NW (CSAH 116) from Round Lake Boulevard (CSAH 116) to Crane Street NW. and WHEREAS, the "City" will be expending Municipal State Aid funds on the improvement of said street, and WHEREAS, said existing street does not conform to the approved minimum standards as previously adopted for such Municipal State Aid streets and that approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the "City" has been determined. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: That the "City" shall restrict the parking of motor vehicles on both sides of Bunker Lake Boulevard NW (CSAH 116) from Round Lake Boulevard NW (CSAH 9) to Crane Street NW at all times unless hereafter authorized in writing by the Commissioner. Adopted by the Andover City Council this 16th day of February, 1999. ATTEST: ' �- E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 044 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING PREPARATION OF A REVISED FEASIBILITY REPORT TO INCLUDE A PROPORTIONAL SHARE OF THE COST OF A SANITARY SEWER LIFTSTATION TO THE PREVIOUSLY APPROVED FEASIBILITY REPORT FOR PROJECT NO. 98-34, IN THE CHESTERTON COMMONS 3RD ADDITION AREA. WHEREAS, the City Council has received a petition, dated November 30.1998, 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 January 19, 1999. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report of $1.000.00 was previously collected. 3. The proposed improvement is hereby referred to MFRA and they are instructed to provide the City Council with a revised feasibility report to include a proportional share of the cost of a sanitary sewer liftstation. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 16th day of February , 19 99, with Councilmembers Knight, Johnson, McKelvey, Jacobson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: i G c ) E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO MUNICIPAL BUILDERS INC. FOR PROJECT NO. 97 -46 FOR THE IMPROVEMENT OF WELLHOUSE #6. WHEREAS, pursuant to a written contract signed with the City of Andover on May 5, 1998, Municipal Builders Inc. of Anoka. 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 Johnson and adopted by the City Council at a regular meeting this 16th day of February , 19 99 , with Councilmembers Knight Johnson, McKelvey, Jacobson Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER I G '/ J.E. McKelvey - MayoV CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 046 -99 A RESOLUTION SUPPORTING THE DEVELOPMENT AND CONSTRUCTION OF THE MULTI -USE CENTRAL ANOKA COUNTY REGIONAL TRAIL CORRIDOR. WHEREAS, Anoka County is pursuing the development of a multi - purpose regional trail system that would link local and state trail systems, regional parks, and provide safe and convenient routes for non - motorized traffic to traverse the County, and WHEREAS, in 1996, the Metropolitan Council adopted a Regional Trails Policy Amendment to its Regional Recreation Open Space Development Guidelines /Policy Plan for the implementation of corridors which provide access to high quality natural resources, regional parks, park reserves, and local areas of interest, and WHEREAS, Anoka County has designated County State Aid Highway 116 (Bunker Lake Boulevard) as the Central Anoka County Regional Trail Corridor, and WHEREAS, the Central Anoka County Regional Trail Corridor would link together four Anoka County municipalities (Anoka, Andover, Lino Lakes, and Ramsey) to Mississippi West Regional Park and Bunker Hills Regional Park, and WHEREAS, the Central Anoka County Regional Trail Corridor is strategically located to provide immediate pedestrian access to the recreational resources at Bunker Hills Regional Park for the citizens of Andover. NOW, THEREFORE, be it resolved that the City of Andover hereby offers its support to Anoka County in the effort to cooperatively develop the Central Anoka County Regional Trail Corridor. Adopted by the City Council of the City of Andover this 16th day, of February , 1999. CITY OF ANDOVER ATTEST: i Z .E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 047 -99 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. 98 -11 FOR THE AREA OF JAY STREET NW FOR LANDSCAPING IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the landscaping improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Jay Street NW for landscaping improvements, Project 98 -11; and BE IT FURTHER RESOLVED by the City Council to hereby direct the SEH to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 16th day of February , 19 99, with Councilmembers Knight, Johnson, McKelvey. Jacobson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: o f� O.E. McKelvey - Mayor U Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 048 -99 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. 98 -22 FOR WELLHOUSE #7. WHEREAS, the City Council is cognizant of the need for Wellhouse #7; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Wellhouse #7, Project 98 -22; and BE IT FURTHER RESOLVED by the City Council to hereby direct TKDA to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 16th day of February, 19 99 , with Councilmembers Knight, Johnson, McKelvey, Jacobson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER % ATTEST: .E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 049 -99 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF A STORM DRAINAGE PROJECT NO. 98 -19, IN THE 14223 QUAY STREET NW AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically a storm drainage in the following described area: 14223 Quay Street NW ; and WHEREAS, the City Council proposes to asses the benefiting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the City Engineer 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 regular meeting this 16th day of February , 19 99, with Councilmembers Knight, Johnson, McKelvey, Orttel voting in favor of the resolution, and Councilmembers Jacobson voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 2, C. R, /1 E. McKelvey - Mayor L 4� Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 050 -99 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STORM DRAINAGE PROJECT NO. 98 -18 IN THE 14223 QUAY STREET NW. WHEREAS, pursuant to Resolution No. 049 -99, adopted the 16th day of February, 1999, a Feasibility Report has been prepared by the City Engineer for the improvements: and WHEREAS, such report was received by the City Council on the 16th day of February, 1999. WHEREAS, such report declared the proposed assessment to be feasible for an estimated cost of $826.81. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 98 -19 for the ; mprovements. 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 improvement of $826.81. 3. A public hearing shall be held on such proposed improvement on the 2nd day of March, 1999 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Johnson and adopted by the City Council at a _ regular meeting this 16th day of February 19 99 ,with Councilmembers Knight, Johnson, McKelvey, Orttel voting in favor of the resolution, and Councilmembers Jacobson voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ca, mc� /S O.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 051 -99 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. 99 -1 FOR SUNSHINE PARK TRAIL EXTENSION & TOWER DRIVE SIDEWALK/TRAIL IMPROVEMENT. WHEREAS, the City Council is cognizant of the need for the improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Sunshine Park Trail Extension & Tower Drive Sidewalk/Trail Improvement, Project 99 -1; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Citv Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 2nd day of March 19 99, with Councilmembers Knight, 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: E. McKelvey - Mayor L a" if 1, Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 052 -99 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. 97 -52 FOR BLEACHER PADS FOR SOCCER AND BALLFIELDS AND CONNECTING TRAIL TO BALLFIELDS. WHEREAS, the City Council is cognizant of the need for the bleacher pads; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of bleacher pads for soccer and ballfields and connecting trail to ballfields , Project 97 -52; and BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 2nd day of March , 19 99, with Councilmembers Knight, 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: A.E. McKelvey - Mayoi d4i�- /J/z/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R053 -99 A RESOLUTION ACKNOWLEDGNG CONCERNS PERTAINING TO NORTHERN NATURAL GAS COMPANIES ELK RIVER LOOP 99 PROJECT (FERC DOCKET NO. CP 99 -191). WHEREAS, Northern Natural Gas Company has submitted application to he City of Andover, Minnesota to construct a 16 inch natural gas pipeline within existing easement in conjunction with the Elk River Loop 99 project (FERC docket no. CP 99 -191) as depicted on attachment A -1 of this resolution; and WHEREAS, The Planning and Zoning Commission of the City of Andover has held a public hearing in regards to said pipeline project as stipulated by Andover City Ordinance 8, Section 5.03; and WHEREAS, Several health, safety, and operational concerns were identified at said hearing the public and commission members. WHEREAS, The Federal Energy Regulatory Commission (FERC) is charged with permitting and evaluation of safety standards for interstate pipelines. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover, Minnesota hereby acknowledges the concerns raised at the Planning and Zoning Commission meeting and hereby submits the following concerns for Federal Energy Regulatory Commission (FERC) review: 1) What is the condition and lifespan of the existing 8" natural gas pipeline adjacent to the proposed 16" pipeline? 2) Does 20 feet provide adequate separation between the existing and proposed pipelines? 3) Are automatic shut off valves preferable to the manual shut off valves proposed? 4) Does the 0.312 wall thickness of the proposed pipeline meet or exceed federal standards — is there a preferable thickness above and beyond federal standard? 5) Do existing easement agreements provide for multiple line rights? 6) Who will be the owner of the proposed pipeline? Who is liable for any potential damages in association with the pipeline? 7) What is the adequate setback for homes from the pipeline? Page Two NNG Concerns March 2, 1999 8) Would it be beneficial to vacate the existing 40 year old, 8" pipeline and assume the existing volume into a single larger pipeline? 9) Would it be beneficial to relocate the existing pipeline easement along or adjacent to existing road and/or utility corridors; the existing pipeline easement does not follow such a corridor, created when the city was a rural township of 1,400 (current population 25,000). Adopted by the City Council of the City of Andover on this 2nd day of March, 1999. CITY OF AN 'OVER f AT' S A.E. McKelvey, Mayor J 2 Ric az Fursman, putt' City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 54 -99 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF GREAT RIVER ENERGY /CONNEXUS ENERGY TO ALLOW FOR THE CONSTRUCTION OF TWO (2) 69 KV TRANSMISSION LINES CONNECTING A NEW TRANSFORMER LOCATED AT THE NORTHWEST CORNER OF BUNKER LAKE BOULEVARD NW AND HANSON BOULEVARD NW TO TWO (2) EXISTING POWER LINES GENERALLY LOCATED AT NIGHTINGALE STREET NW AND 153RD AVENUE NW, AND HANSON BOULEVARD NW AND 173RD LANE NW, LEGALLY DESCRIBED AS FOLLOWS: THE EAST 600 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MN; EXCEPT THE SOUTH 250 FEET OF THE EAST 250 FEET; SUBJECT TO EASEMENTS OF RECORD. WHEREAS, Great River Energy /Connexus Energy has requested a Special Use Permit to allow for the installation of two (2) electrical transmission lines connecting a new transformer located at the northwest corner of Bunker Lake Boulevard NW and Hanson Boulevard NW to two (2) existing power lines generally located at Nightingale Street NW and 153rd Avenue NW, and Hanson Boulevard NW and 173rd Lane NW. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that the request meets the criteria in Ordinance No. 8, Sections 5.03 (Special Uses); 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 Ciiv of Andover; and WHEREAS, a public hearing was held and there was significant public opposition to the request as stated in the record; 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: Page Two Resolution Great River Energy /Connexus Energy The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No. 8, Section 5.03(D). The Special Use Permit shall be subject to annual review by staff. 3. Prior to construction of the utility lines /poles, the applicant shall submit to the City (for City Council approval) a detailed plan showing the locations of all utility lines/poles within the approved corridors. Adopted by the City Council of the City of Andover on this 2nd day of March, 1999. ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER E. McKelvey, Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R055 -99 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CHESTERTON PARTNERSHIP FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A MIXED USE SENIOR/EMPTY NESTER DEVELOPMENT CONSISTING OF TWO 65 UNIT APARTMENTS, SIX 30 UNIT APARTMENTS, THIRTY -EIGHT TOWNHOMES, FOUR SINGLE FAMILY HOMES AND THREE COMMERCIAL LOTS TO BE KNOWN AS THE SUBDIVISION "GREY OAKS" ON THE PROPERTY LEGALLY DESCRIBED BELOW. WHEREAS, Chesterton Partnership has requested a Special Use Permit for a Planned Unit Development to develop a mixed use senior /empty nester development consisting of two 65 unit apartments, six 30 unit apartments, thirty-eight townhomes, four single family homes and three commercial lots to be known as the subdivision of "Grey Oaks" pursuant to Ordinance No. 8, Section 4.18, Planned Unit Developments on the property legally described as follows: The most northerly 60.00 acres of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota. Subject to easements of record if any; and WHEREAS, the City Council has reviewed the request and has determined that said request does not meet the criteria of Ordinance No. 8, Section 5.03, Special Uses. The Commission 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 4.1 8, Planned Unit Deve!opmen•° and WHEREAS, a public hearing was held before the Planning and Zoning Commission and there was opposition to the request; and WHEREAS, the Planning and Zoning Commission recommended to the City Council the denial of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby disagrees with the recommendation of the Planning and Zoning Commission and will allow Chesterton Partnership to develop a Planned Unit Development on said property with the following conditions: Page Two Resolution Preliminary Plat - Planned Unit Development Grey Oaks - Chesterton Partnership 13. The road design along 155th Lane MW between Hanson Boulevard and Hummingbird Street NW shall be reconfigured to meet better safety standards as determined by the City. 14. A copy of all variances as presented by the developer consisting of four pages which was received by the City on December 3, 1998, as amended, shall be attached to the preliminary plat and become the only listing of variances approved on the plat. 15. All street within the plat shall be public roads with no parking. 16. A detailed landscape plan for Grey Oaks, including the species, size and number of plants, shall be attached to and become part of the plat. Such landscaping must be acceptable to the Andover Review Committee. 17. A tree protection plan acceptable to the City must be approved prior to any excavation. 18. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 19. The acceptance of a signed shared parking agreement in the commercial area to satisfy parking stall requirements. 20. All units not marketed for senior or empty nester shall provide a minimum parking of 2.5 parking spaces per unit. 21. The issue of public and private trail locations and crossings be mutually agreed upon by the City and the developer. 22. All grading, drainage, flood elevations, erosion and geotechnical issues still outstanding be agreed to by both parties prior to any construction work being undertaken. 23. A suitable location for a City well which is agreeable to both the City and the developer. Adopted by the City Council of the City of Andover this 2nd day of March , 19 99 . CITY OF ANDOVER rvw1 ;W1 E. McKelvey, Mayor Victoria Volk, City Clerk Page Two Resolution Special Use Permit - Planned Unit Development Grey Oaks - Chesterton Partnership 1. All variances associated with the approval of the Special Use Permit for the Planned Unit Development shall be approved with the approval of the preliminary plat. 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 on the approval of the preliminary plat of Grey Oaks. 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 and age restrictions so as to comply with Minnesota Statutes 363.02, subd. 2(2)(b) and Federal Fair Housing Act Amendments 42 U.S.C.A. 3607 (b)(2). 6. Grey Oaks will be a phased development in keeping with the development guidelines in the Andover Comprehensive Plan which indicates the Grey Oaks area is in two development time frames. It will be developed in two phases so no comprehensive Plan amendment will be needed. 7. Should, after passing the Special Use Permit and the preliminary plat, the developer change his mind about following the Minnesota and federal statutes mentioned in Item 5,c, the Special Use Permit and preliminary plat will then be null and void and full reapplication must be made for both the Special Use Permit and preliminary plat. Adopted by the City Council of the City of Andover on this 2nd day of March, 1999. ATTEST ,( r Victoria Volk, City Clerk CITY OF ANDOVER .E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R056 -99 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF "GREY OAKS" BY CHESTERTON PARTNERSHIP LOCATED IN SECTION 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; 1 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 denial of the plat. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby disagrees with the recommendation of the Planning and Zoning Commission and approves the preliminary plat with the following conditions: 1. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 2. Bikeway /walkway construction along the right -of -way of Hanson Boulevard NW (Cost share of 50150 split between developer and City). 3. Contingent upon approval of the Special Use Permit for the Planned Unit Development. 4. Address TKDA and MFRA comments the satisfaction of the City. 5. Address Engineering Department comments to the satisfaction of the City. 6. Address Planning Department comments to the satisfaction of the City. 7. Park dedication per Ordinance No. 10, Section 9.07. 8. The owner shall dedicate all easements at the time of the final plat. 9. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 10. The development shall be phased so as to not require a comprehensive plan amendment. 11. The number of parking spaces shall be consistent with the use. 12. The RV /boat/trailer storage area along Nightingale Street NW shall be eliminates; however, a small storage facility for equipment to be used to maintain Grey Oaks shall be permitted, but there will be no entrance onto Nightingale. Page Two Resolution Preliminary Plat - Planned Unit Development Grey Oaks - Chesterton Partnership 13. The road design along 155th Lane MW between Hanson Boulevard and Hummingbird Street NW shall be reconfigured to meet better safety standards as determined by the City. 14. A copy of all variances as presented by the developer consisting of four pages which was received by the City on December 3, 1998, as amended, shall be attached to the preliminary plat and become the only listing of variances approved on the plat. 15. All street within the plat shall be public roads with no parking. 16. A detailed landscape plan for Grey Oaks, including the species, size and number of plants, shall be attached to and become part of the plat. Such landscaping must be acceptable to the Andover Review Committee. 17. A tree protection plan acceptable to the City must be approved prior to any excavation 18. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. 19. The acceptance of a signed shared parking agreement in the commercial area to satisfy parking stall requirements. 20. All units not marketed for senior or empty nester shall provide a minimum parking of 2.5 parking spaces per unit. 21. The issue of public and private trail locations and crossings be mutually agreed upon by the City and the developer. 22. All grading, drainage, flood elevations, erosion and geotechnical issues still outstanding be agreed to by both parties prior to any construction work being undertaken. 23. A suitable location for a City well which is agreeable to both the City and the developer. Adopted by the City Council of the City of Andover this 2nd day of March , 19 99 . ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER !/ 7�. 4 /J.E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 057 -99 MOTION by Councilmember Knight 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. 98-29, IN THE GREY OAKS 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, ordering of the feasibility report is contingent upon the approval of a special use permit of the Planned Unit Development (PUD) and approval of the preliminary plat and /or required revisions by the City Council. 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 Orttel and adopted by the City Council at a regular meeting this 2nd day of March , 19 99, with Councilmembers Knight, 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: a- kc, z A.E. McKelvey - Mayor �1(� - U&- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, 058 -99 A RESOLUTION REQUESTING THE ANOKA COUNTY HIGHWAY DEPARTMENT TO ESTABLISH A SPEED LIMIT IN THE SCHOOL ZONES FOR ANDOVER ELEMENTARY AND OAK VIEW MIDDLE SCHOOL LOCATED ALONG HANSON BOULEVARD NW (CSAH 78). WHEREAS, the City Council is requesting to establish a speed limit in the school zones and recommends the speed limit be posted at 35 MPH; and WHEREAS, the principals of Andover Elementary and Oak View Middle School have given their support in establishing a speed limit in the school zones; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to request the Anoka County Highway Department to establish a speed limit in the school zones. Adopted by the City Council of the City of Andover this 2nd day of March , 1999. ATTEST: . Z h;/ ' 7> A.E. McKelvey - Mayor Z�& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 059 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98 -9 FOR CAMBRIDGE ESTATES (PHASE I /SOUTH AREA) AND PROJECT NO. 97-49 FOR CHESTERTON COMMONS 2ND ADDITION FOR SANITARY SEWER, WATERMAIN, STREETS AND STORM SEWER. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 033 -99 , dated February 2 , 1999, and Resolution No 019 -99 , dated January 19, 1999, bids were received, opened and tabulated according to law with results as follows: LaTour Construction, Inc. $998,046.75 SJ Louis Construction, Inc. $1,030,148.42 Ryan Contracting $1,063,346.75 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate LaTour 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 LaTour Construction. Inc. in the amount of $998.046.75 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 Councilmember Jacobson and adopted by the City Council at a regular meeting this 2nd day of March , 19 99 , with Councilmembers Knight, Jacobson. McKelvey. Johnson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: A�4. A-Z-14 Victoria Volk - City Clerk CITY OF ANDOVER • G � / Id E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 060 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98 -28 FOR SHADOWBROOK 5TH ADDITION. WHEREAS, pursuant to Resolution No. 030 -99 , adopted by the City Council on the 2nd day of February, 1999, TKDA has prepared final plans and specifications for Project 98 -28 for Shadowbrook 5th Addition . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of March 19 99. 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 . April 14 19 99 at the Andover City Hall. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 16th day of March , 19 99 , with Councilmembers Knight, Jacobson, McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: i � i�.E. McKelvey - May& 6L�_ d& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 061 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF A BIKEWAY/WALKWAY TRAIL, PROJECT NO. 96 -1 FOR KELSEY -ROUND LAKE PARK (PHASE ll). WHEREAS, the City Council is cognizant of the need for a bikeway /walkway trail; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of a bikeway /walkway trail, for Project 96 -1; and BE IT FURTHER RESOLVED by the City Council to hereby direct the City Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 16th day of March , 19 99 , with Councilmembers Knight, Jacobson, McKelvey, Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: �' z ye. �iP/zy J.E. McKelvey - Mayor �:. lWz Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99 -1 FOR SUNSHINE PARK AND TOWER DRIVE TRAILS. WHEREAS, pursuant to Resolution No. 051 -99 , adopted by the City Council on the 2nd day of March , 19 99 , City Engineer has prepared final plans and specifications for Project 99 -1 for Sunshine Park And Tower Drive Trails . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of March , 19 99 . 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, April 5 1999 at the Andover City Hall. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 16th day of March , 19 99, with Councilmembers Knight, Jacobson. McKelvey, Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: 1 rs � 41 � Victoria Volk - City Clerk CITY OF ANDOVER ' L' E. McKelvey - May r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 063 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO.- 97-52 , FOR BLEACHER PADS FOR SOCCER AND BALLFIELDS AT SUNSHINE PARK. WHEREAS, pursuant to Resolution No. 052 -99 , adopted by the City Council on the 2nd day of March , 19 99 , City Engineer has prepared final plans and specifications for Project 97 -52 for bleacher pads for soccer and ballfields at Sunshine Park. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of March , 19 99 . 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, April 5 , 1999 at the Andover City Hall. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 16th day of March , 19 99 , with Councilmembers Knight, Jacobson, McKelvey, Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER il f );<G JJ E. McKelvey - Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 064 -99 RESOLUTION SUPPORTING REPEAL OF THE STATE SALES TAX FOR LOCAL GOVERNMENT PURCHASES. WHEREAS, the Legislature imposed the sales tax on local governments in 1992 when facing a significant state budget deficit; and WHEREAS, the state government has collected hundreds of millions of dollars in sales tax since 1992 on local government purchases of items such as road maintenance equipment, wastewater treatment facilities, and building materials; and WHEREAS, the sales tax on local government purchases is passed on to residents in the form of higher property taxes and fees; and WHEREAS, the state's financial picture has improved dramatically and the need for the sales tax no longer exists; and WHEREAS, Minnesota is one of only seven states which impose sales tax on local government purchases; and WHEREAS, imposing the sales tax on local government purchases is an inefficient way to raise state revenues, especially where sales tax is paid for bonding projects with accompanying interest costs; NOW, THEREFORE, BE IT RESOLVED that Andover City Council encourages its state legislators to support the repeal of the sales tax on local governments. Adopted by the City Council of the City of Andover this 16th day of March , 1999. Attest: '. dd Victoria Volk, City Clerk CITY OF ANDOVER E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 065 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO.-98-17, BUNKER LAKE BOULEVARD NW RECONSTRUCTION , AND PROJECT NO. 99 -5, JAY STREET TRAFFIC SIGNAL. WHEREAS, pursuant to Resolution No. 004 -99 , adopted by the EDA on the 25th day of January, 19 99 , and Resolution No. 010 -99 , adopted by the City Council on the 19th day of January, 19 99 , SEH has prepared final plans and specifications for Project No. 98 -17, Bunker Lake Boulevard NW Reconstruction , and Project No. 99 -5. Jay Street Traffic Signal. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of March , 19 99 . 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 by the Anoka County Highway Department at 2:00 PM, April 20 19 99 at the Anoka County Highway Department. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 16th day of March , 19 99 , with Councilmembers Knight, Jacobson, McKelvey. Johnson. Orttel (present) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: i f. M_ E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 066 -99 A RESOLUTION APPROVING AN AGREEMENT RELATING TO PARKING RESTRICTIONS ON BOTH SIDES OF BUNKER LAKE BOULEVARD SERVICE ROAD FROM ROSE STREET NW TO HEATHER STREET NW, ANDOVER, MINNESOTA. WHEREAS, the "City' and the "County" have planned the improvement of Bunker Lake Boulevard NW from Round Lake Boulevard to Bunker Lake Boulevard NW of which the service road will experience modifications, and WHEREAS, The City Council believes restricting the parking will provide a safe route for vehicles to get to and from adjacent neighborhoods. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover that there be no parking along Bunker Lake Boulevard Service Road between Rose Street NW and Heather Street NW. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: That the "City' shall restrict the parking of motor vehicles on both sides of Bunker Lake Boulevard Service Road from Rose Street NW to Heather Street NW. Adopted by the Andover City Council this 16th day of March, 1999. ATTEST: - � e E. McKelvey - Mayor Lt, i oo& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 067 -99 A RESOLUTION APPROVING THE EXPENDITURES OFF THE MUNICIPAL STATE AID STREET SYSTEM AND ONTO THE COUNTY STATE AID AND HIGHWAY SYSTEM WITHIN THE CITY OF ANDOVER. WHEREAS, it has been deemed advisable and necessary for the City of Andover to participate in the cost of a construction project located on (C.S.A.H.) No. 116 within the limits of said municipality; and WHEREAS, said construction project has been approved by the Commissioner of Transportation and identified in his records as (S.A.P.) No. 198- 020 -14 . NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $945,000.00 dollars to apply toward the construction of said property and request the Commissioner of Transportation to approve this authorization. Adopted by the City of Andover this 16th day of March , 1999. CITY OF ANDOVER ATTEST: g Z" • )G /{ p—,�.�il 'J.E. McKelvey - Mayor ' 1 - d& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 068 -99 WHEREAS, the City of Andover is planning on implementing Municipal State Aid Street Project(s) in 1999 which will require State Aid funds in excess of those available in its State Aid Construction Account; and WHEREAS, said City is prepared to proceed with the construction of said project(s) through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Construction Account; and WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6 and Minnesota Rules, Chapter 8820. NOW, THEREFORE, BE IT RESOLVED that the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Projects of the City of Andover in an amount up to $500,000.00 in accordance with Minnesota Rules 8820.1500, Subparagraph 9, and to authorize repayments from the following year's accruals to the Construction Account of the Municipal State Aid Street fund for said City. I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Andover, County of Anoka, State of Minnesota, at a duly authorized meeting thereof held in the City of Andover, Minnesota on the 16th day of March , 19 99 , as disclosed by the records of said City on file and of record in the office. CITY OF ANDOVER ATTEST: 4.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 069 -99 A RESOLUTION SETTING FEES FOR CASH IN LIEU OF LAND DEDICATION (PARK LAND). The City Council of the City of Andover hereby resolves: Cash in Lieu of Land Dedication (Commercial/Industrial) $2,750 per acre Cash in Lieu of Land Dedication (Residential) Single Family Residence $1,100 per u:it Town Home and Twin Home $1,100 per unit Apartment (Mutt- Family) $1,000 per unit Lot Splits $1,100 per unit Adopted by the City Council of the City of Andover on this 16th day of March, 1999. ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER I t, Ne, 4�-� E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 070 -99 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 97 -44, SHADOWBROOK 3RD 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 $371,044.05 , and the expenses incurred or to be incurred in the making of such improvement amount to $122,857.81 and work previously done amount to $157,611.00 (includes $10,450.00 for seal coat) so that the total cost of the improvement will be $651,512.86. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $651.512.86 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 2000, 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 Johnson and adopted by the City Council at a regular meeting this 6th day of April , 19 99 , with Councilmembers Jacobson, Johnson, McKelvey, Knight, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: �/ Victoria Volk - City Clerk CITY OF ANDOVER 0 ' E. McKelvey - Mayor4�1— CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 071 -99 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 -16, SHADOWBROOK 4TH ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $295,350.74 , and the expenses incurred or to be incurred in the making of such improvement amount to $80.521.25 and work previously done amount to $127.157.50 (includes $10.740.00 for seal coat) so that the total cost of the improvement will be $503.029.29 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 $15.489.46 the amount to be assessed against benefited property owners is declared to be $487.540.03 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 2000, 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 Johnson and adopted by the City Council at a regular meeting this 6th day of April , 19 99, 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: � CA .E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 96 -1 FOR KELSEY -ROUND LAKE PARK. WHEREAS, pursuant to Resolution No. 061 -99 , adopted by the City Council on the 16th day of March , 19 99 , City Engineer has prepared final plans and specifications for Project 96 -1 for Kelsey -Round Lake Park . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of April , 19 99 . 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, April 30 , 19 99 at the Andover City Hall. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 6th day of April , 19 99, 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: E. McKelvey -Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, R073 -99 MOTION by Councilmember Knight to adopt the following A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT OF SHADOWBROOK FIFTH ADDITION, AS BEING DEVELOPED BY BUNKER, LLC, IN SECTION 25- 32 -24. WHEREAS, the City Council approved the revised preliminary plat of the Planned Unit Development of Shadowbrook ; and WHEREAS, the Developer has presented the final plat of Shadowbrook Fifth 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 Fifth 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 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. Filing of Supplementary Declaration, Covenants, Restrictions and Easements with the Anoka County Recorder 10. Variance from Ordinance 10, Section 9.06a3 to allow the developer to use the report from GME Consultants dated March 6, 1995 and letter dated August 16, 1995 to establish the lowest floor elevation based on estimated groundwater level and waive mottling soil requirements contingent upon the GME and Braun Intertec reports regarding the evaluation or monitoring of the groundwater during mass grading. Page Two Resolution - Approving Final Plat Shadowbrook Fifth Addition April 6, 1999 11. Variance from Ordinance 10, Section 9.06a3 to allow the developer to.use the letter from GME Consultants dated April 8, 1996 (revised April 19, 1996) to allow the lowest floor elevations to be lower than the 100 year flood elevations for detention ponds (areas that drain dry over a period of time) for Lots /Units 1-40, Block 1 and Lots /Units 1 -3, Block 2. 12. Variances be granted from Ordinance No. 8, Section 6.02 for a 10' variance to the 35' front yard setback requirement for Lots /Units 1-40, Block 1. 13. Variances from minimum lot requirements (area, width, depth, rear and side yard setbacks) for Lots /Units 1 -40, Block 1 as specified in Ordinance No. 8, Section 6.02. Adopted by the City Council of the City of Andover this 6th day of April ,19 99 . CITY OF ANDOVER ATTEST: ' S • ))�c u/J.E. McKelvey - Mayor LZZ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 074 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 99 -3 FOR 1999 CRACK SEALING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 041 -99 , dated February 16, 1999, bids were received, opened and tabulated according to law with results as follows: Daffinson Asphalt $159,759.60 Astech Asphalt Surface Tech. Corp. $168,537.60 Allied Blacktop $220,704.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Daffinson Asphalt as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Daffinson Asphalt in the amount of $159.759.60 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 Councilmember Johnson and adopted by the City Council at a regular meeting this 6th day of April 19 99 , 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: L: 7 {r;.. .E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 075 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 99 -4 FOR 1999 SEAL COATING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 042 -99 , dated February 16, 1999, bids were received, opened and tabulated according to law with results as follows: Astech Asphalt Surface Tech. Corp. $153,364.70 Allied Blacktop $156,002.50 Caldwell Asphalt Co., Inc. $203,611.91 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Astech Asphalt Surface Tech. Corp. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Astech Asphalt Surface Tech. Corp. in the amount of $153.364.70 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 regular meeting this 6th day of April 19 99 , 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 v ATTEST: � E. McKelvey - Mayor ZL" � d/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 076 -99 A RESOLUTION DESIGNATING NO PARKING WITHIN THE ORCHID STREET NW CUL -DE -SAC JUST SOUTH OF 138TH AVENUE NW (BEHIND THE FARMSTEAD). 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 a potential problem. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover that there be no parking within the Orchid Street NW cul -de -sac just south of 138th Avenue NW (behind The Farmstead). (See Attachment A) Adopted by the City Council of the City of Andover this 6th day of April 1999. ATTEST: E. McKelvey - Mayor Victoria Volk - City Clerk TYPIC C8 PROTECTION SALES DETAIL X BASIN s 002 CLAY LINER LIMIT 8612 C CRETE EM GYM J, aJRB GUTTER. OV RFLOW (S DETAIL) ATTACHMENT A 4ir - SITUM[NCUS 4 1 7 REMOVE CURd NEW SURMWNTABLE IR CURB & GUTTER 771 Fxls* 41 - li-j ZR Y EASEIMEN at. rw 'REBUILD DRIVEWAY AS NEEDED it TYPIC C8 PROTECTION SALES DETAIL X BASIN s 002 CLAY LINER LIMIT 8612 C CRETE EM GYM J, aJRB GUTTER. OV RFLOW (S DETAIL) ATTACHMENT A CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 077 -99 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 ENTRANCE IMPROVEMENTS, PROJECT NO. 98 -7 IN THE AREA OF WINSLOW HILLS -150TH LANE NW WHEREAS, the City Council has received a petition, dated March 19. 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 City Engineer 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 regular meeting this 6th day of April , 19 99, 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: Victoria Volk - City Clerk V, / L� J.E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 078 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN , PROJECT NO. 95-5, IN THE AREA OF 14122 PRAIRIE ROAD NW. WHEREAS, the City Council has received a petition, dated March 18. 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 City Engineer 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 regular meeting this 6th day of April , 19 99, 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: J.E. McKelvey - Mayor L4�1-11 adz/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 079 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98 -30 , FOR CHESTERTON COMMONS 4TH ADDITION. WHEREAS, pursuant to Resolution No. 023 -99 , adopted by the City Council on the 19th day of January, 1999, MFRA has prepared final plans and specifications for Project 98 -30 for chesterton Commons 4th Addition. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of April '19 99. 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 April 29 19 99 at the Andover City Hall. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 6th day of April , 19 99, 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: G E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 079A-99 A RESOLUTION SETTING FEES FOR CASH IN LIEU OF LAND DEDICATION (PARK LAND). The City Council of the City of Andover hereby resolves: Cash in Lieu of Land Dedication (Residential) Single Family Residence $1,100 per unit Town Home and Twin Home $1,100 per unit Apartment (Mult- Family) $1,000 per unit Lot Splits $1,100 per unit Adopted by the City Council of the City of Andover on this ih day of April, 1999. ATTEST: Victoria Volk, City Clerk CTI'Y OF ANDOVER Gt7 �� K E. McKelvey, May& CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R080 -99 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATION FROM RR, RESIDENTIAL RURAL TO RU, RESIDENTIAL URBAN SINGLE FAMILY AND RM, RESIDENTIAL MEDIUM DENSITY FOR FOX HOLLOW BY GOR -EM, LLC (PIN 22- 32 -24 -11 -0001, -12- 0001). WHEREAS, Gor -Em has petitioned for the following amendments to the Andover Comprehensive Land Use Plan: 1) Change the land use district designation from RR, Residential Rural to RU, Residential Urban Single Family on approximately 9.2 acres legally described as follows: All that part of the North Half of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota lying south of the north 60.00 acres thereof; except the east 1425 feet. 2) Change the land use district designation from RR, Residential Rural to RM, Residential Medium Density on approximately 10.8 acres legally described as follows: All that part of the North Half of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota lying south of the north 60.00 acres thereof; except the west 1215 feet. 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; 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: Approval by Metropolitan Council. Adopted by the City Council of the City of Andover on this 6th day of April, 1999. CITY OF ANDOVER ryry ATTEST: O.E. McKelvey, Mayor U(� Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R081 -99 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF FOX HOLLOW BY GOR -EM, LLC. LOCATED IN SECTION 22, 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 approval of the plat citing the following: 1. A variance from Ordinance No. 8, Section 6.02 for Lot 9, Block 7 as the lot does not meet the minimum lot depth requirement of 130'. A 4.6' variance is requested. 2. A variance from Ordinance No. 10, Section 9.05A for Blocks 3 & 4, and Block 6 as the length of these blocks exceed the maximum 1320' requirement as provided in this Section. variances of 78' and 625' are requested respectively . A variance from Ordinance No. 10, Section 9.02C to allow the driveway access on Lot 10, Block 2 to remain on Nightingale Street NW. 4. A variance from Ordinance No. 10, Section 9.06F for double frontage lots on Lots 1 -5 and 18 & 19, Block 6 and Lot 8, Block 1. Lots shall not front on Nightingale Street NW nor 155th Lane NW. 5. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 6. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No. 10, Section 9.07. 7. Contingent upon water and sewer trunk being brought to the property. 8. No grading shall commence until the City Council approves the preliminary plat and the City Engineer signs the Grading, Drainage and Erosion Control Plan, and a preconstruction meeting on the project has been held between the City and the developer unless the Council grants the developer the right to grade at there own risk. Page Two Resolution Preliminary Plat - Fox Hollow April 6, 1999 9. The bikeway /walkway trail along Hanson Boulevard NW and Nightingale Street NW shall be constructed. Funding shall be a 50/50 cost share between the developer and the City. 10. Outstanding items of correction being completed to the satisfaction of the City. 11. The developer is utilizing a certified geotechnical engineer to establish the lowest floor elevations based on estimated groundwater levels and waiving the mottled soil requirement as provided in Ordinance No. 10, Sections 9.06A1 and 4. The GME Consultants report February 10, 1999 has been verified per the letter from Maximum Technologies dated March 18, 1999 12. A bituminous trail shall be constructed between Lot 6, Block 3 and Lot 1, Block 4 from Linnet Street NW to the Oak View Middle School property. The land (20') shall be taken as park dedication and the trail shall be constructed by the City. 13. A bituminous trail shall be constructed between Lot 9, Block 7 and Lot 4, Block 8 from 155th Avenue NW to the trail on Hanson Boulevard NW. The land (20') shall be taken as park dedication and the trail shall be constructed by the City. 14. The street section of 154th Lane NW, Martin Street NW and 155th Avenue NW shall be widened with no parking to accommodate a bikeway. Cost of the widening shall be split 50150 between the developer and the City. Adopted by the City Council of the City of Andover this 6th day of April , 19 99 . CITY OF ANDOVER ATTEST: ' 7. v � .E. McKelvey, May Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 082 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NOS. 99 -1 & 97 -52 FOR BITUMINOUS TRAIL IMPROVEMENTS AND CONCRETE BLEACHER PADS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 062 -99 , dated March 16, 1999, bids were received, opened and tabulated according to law with results as follows: Alternate Bid Alternate Bid Base Bid (Tower Drive) (City Hall Complex) Total Barber Construction $41,446.60 $27,933.30 $12,739.30 $82,119.20 Jay Bros, Inc. $42,165.58 $27,207.04 $15,115.83 $84,488.45 ACI Asphalt $43,989.40 $32,033.56 $15,988.10 $92,011.06 WB Miller, Inc. $51,726.25 $32,868.25 $16,408.65 $101,003.15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Barber Construction as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Barber Construction in the amount of $41,446.60 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 Councilmember Knight and adopted by the City Council at a regular meeting this 20th day of April , 19 99 , with Councilmembers Knight, Jacobson, McKelvey. Orttel, Johnson voting in favor of the resolution, and Councilmembers none _ voting against, whereupon said resolution was declared passed. ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER '. �7,� J E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 083 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION RECEIVING AND REJECTING BIDS FOR THE IMPROVEMENT OF PROJECT NO. 98 -28 FOR SHADOWBROOK 5TH ADDITION FOR SANITARY SEWER, WATERMAIN, STREETS AND STORM SEWER. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 060 -99 , dated March 16 , 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 receive and reject bids. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 20th day of April , 19 99 , with Councilmembers Knight, Jacobson. McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: .E. McKelvey - Mayo Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084 -99 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. 95 -5 FOR SANITARY SEWER IN THE FOLLOWING AREA 14122 PRAIRIE ROAD NW. WHEREAS, the City Council did on the 6th day of April , 19 99 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 20th day of April , 19 99 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 12,219.70. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 12,219.70 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a 5 year period. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 20th day of April , 19 99 , with Councilmembers Knight, Jacobson. McKelvey, Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: .E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 085 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO. 94-6, IN THE 14608 DRAKE STREET NW AREA. WHEREAS, the City Council has received a petition, dated April 8, 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 City Clerk will contact Anoka County to have the assessment levied to the property. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 20th day of April 19 99, with Councilmembers Knight, Jacobson, McKelvey, Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . • m .E. McKelvey -Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 086 -99 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. 98 -27, IN THE FOX HOLLOW AREA. WHEREAS, the City Council has received a petition, dated October 30. 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. 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 Knight and adopted by the City Council at a regular meeting this 20th day of April , 19 99, with Councilmembers Knight, Jacobson, McKelvey, Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: L E. McKelvey -Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 087 -99 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 -44, SHADOWBROOK 3RD 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 2000, 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 Knight and adopted by the City Council at a regular meeting this 20th day of April , 19 99 , with Councilmembers Knight, Jacobson. McKelvey Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: C' t� ' / yy� .E. McKelvey -Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 088 -99 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 -16, SHADOWBROOK 4TH 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 2000, 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 Knight and adopted by the City Council at a regular meeting this 20th day of _April-, 19 99, with Councilmembers Jacobson, Knight, Orttel, McKelvey Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER «n 1 ATTEST: e P / E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R089 -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR A LAND RECLAMATION FOR THE CITY OF ANDOVER ON LAND LOCATED IN THE NORTH HALF OF SECTION 34 (PIN 34- 32 -24 -12 -0003) . WHEREAS, The City of Andover has requested a Special Use Permit for land reclamation comprising of 20,000 cubic yards on land located in the North Half of Section 34 (PIN 34- 32- 24- 12- 0003), legally described as follows: The Northwest Quarter of the Northeast Quarter of Section 34, Township 32, Range 24, Anoka County Minnesota (PIN 34- 32 -24 -12 -0003) except the following described parcel: commencing at the northeast corner of said Northwest Quarter of the Northeast Quarter; thence South 0 degrees 18 minutes 44 seconds West 15 feet; thence South 80 degrees 59 minutes 38 seconds West 411.73 feet; thence South 70 degrees 32 minutes 11 seconds West 198.91 feet; thence North 81 degrees 03 minutes O1 second West 109.56 feet; thence North 68 degrees 56 minutes 31 seconds West 402.99 feet to the north line of said quarter; thence South 89 degrees 08 minutes 39 seconds East 1078.71 feet to the point of beginning. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 4.23 & 5.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: 1) Submittal of a finished grading plan which will not adversely affect the adjacent land and abiding by the provisions of Ordinance 8, Section 4.23. Page Two SUP 99 -04 Land Reclamation — Sliding Hill April 20, 1999 2) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). Adopted by the City Council of the City of Andover on this 20th day of April, 1999. ATTEST: Victoria Volk, City Clerk J.E. McKelvey, Mayo>✓/ COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R090 -99 MOTION by Councilmember Knight to adopt the following A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF CAMBRIDGE ESTATES SECOND ADDITION , AS BEING DEVELOPED BY CAMBRIDGE CAPITAL. INC., IN SECTIONS 14 & 23- 32 -24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of the Development of Cambridge Estates ; and WHEREAS, the Developer has presented the final plat of Cambridge 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 Cambridge Estates Second Addition contingent upon 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 developers 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. Contingent on staff review and approval for compliance with City ordinances, polices & guidelines. 9. A variance to Ordinance No. 10, Sections 9.06a1 and 4 for Lots 6 -9, Block 1, Lots 7 -9, Block 2, and Lots 1 &2, Block 3 as they do not meet the 100' buildability requirement. 10. The plat will not be developed fully until the plat to the north is developed. 11. The final plat shall be recorded within thirty (30) days of notification of approval by the City Clerk. Adopted by the City Council of the City of Andover this 20th day of April , 19 99 . ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER J.E. McKelvey - Mayor9 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 1 TO PROJECT NO. 98 -22, WELL #7. WHEREAS, the City of Andover has a contract for Project No. 98 -22 with EH 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. 98 -22. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 20th day of April , 19 98 , with Councilmembers Jacobson. Knight, Orttel, McKelvey. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: i' Z G .E. McKelvey - May& J Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 092 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO EH RENNER & SONS. INC. FOR PROJECT NO. 98 -22 FOR THE IMPROVEMENT OF WELL #7. WHEREAS, pursuant to a written contract signed with the City of Andover on October 20, 1998, EH Renner & Sons, 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 Knight and adopted by the City Council at a regular meeting this 20th day of April , 19 99 , with Councilmembers Jacobson. Knight, Orttel, McKelvey. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER i 1 /7 .Ivey - May 6r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R093 -99 A RESOLUTION ACCEPTING A DRAINAGE AND UTILITY EASEMENT FROM EDWIN SPARR AT 14135 VALE STREET NW (PIN 26- 32- 24 -43- 0014). WHEREAS, Edwin Sparr presents a drainage and utility easement to be dedicated to the City of Andover at 14135 Vale Street NW, legally described as follows: The southern ten (10) feet of the following described parcel: Lot 17, Block 1, WEYBRIDGE SECOND ADDITION, Anoka County, Minnesota, except that portion lying southerly of the following described line: commencing at the most southeasterly corner of said Lot 17, Block 1; thence on a plat bearing of North 1 degree, 02 seconds, 10 minutes east, along the easterly boundary of WEYBRIDGE SECOND ADDITION, the record distance of 77.84 feet to the point of beginning of the line to be described; thence on a plat bearing of North 88 degrees 57 minutes, 50 seconds West, a distance of 50.00 feet; thence continuing on last describe bearing a distance of 40.47 feet to the intersection with line bearing North 44 degrees 53 minutes 57 seconds West, said line being the most easterly boundary of Lot 18, Block 1, WEYBRIDGE SECOND ADDITION and said line there terminating. 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 April, 1999. CITY OF ANDOVER ATTEST lJez�' Victoria Volk, City Clerk .E. McKelvey, Ma or EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 20, 1999 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 20th day of April, 1999, at 7:00 o'clock P.M. for the purpose, in part, of providing for public sale of the $1,500,000 General Obligation Tax Increment Bonds of 1999 of said City. The following members were present: Don Jacobson, Julie Johnson, Mike Knight, Ken Orttel and the following were absent: Member Orttel introduced the following resolution and moved its adoption: Resolution No. R094 -99 RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,500,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1999 a. WHEREAS, the City Council of the City of Andover, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue the City's $1,500,000 General Obligation Tax Increment Bonds of 1999 (the "Bonds "), to finance certain capital and administration costs of Development District No. 1 in the City; and b. WHEREAS, the City has retained Juran & Moody, in St. Paul, Minnesota ( "Juran "), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: Authorization. The Council hereby authorizes Juran to solicit proposals for the sale of the Bonds. Meeting; Proposal Opening. This Council shall meet at the time and place specified in the Official Terms of Bond Sale attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open proposals at the time and place specified in such Official Terms of Bond Sale. i. Official Terms of Bond Sale. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit A and hereby made a part hereof. i. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Juran and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member Knight and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Jacobson, Johnson, Knight, Orttel and the following voted against the same: NONE Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to said City's $1,500,000 General Obligation Tax Increment Bonds of 1999. WITNESS my hand as such Clerk this 20th day of April, 1999. City Clerk EXHIBIT A OFFICIAL TERMS OF BOND SALE $1,500,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1999 CITY OF ANDOVER ANOKA COUNTY MINNESOTA (Book Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: sealed proposals will be opened by the City Clerk, or designee, on Tuesday, May 18, 1999, at 11:00 A.M., Central Time, at the offices of Juran & Moody, 1100 Minnesota World Trade Center, 30 East Seventh Street, in Saint Paul, Minnesota 55101 -2091. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Andover City Hall beginning at 7:00 P.M., on the same day. BOOK ENTRY SYSTEM: The bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company (11DTC11), New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer through U.S. Bank Trust National Association, in St. Paul, Minnesota (the "Registrar ") to DTC or its nominee as registered owner of the bonds. Transfer of principal and interest payments to participants of DTC G7 will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful proposal maker, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. The Issuer will pay reasonable and necessary charges for the services of the Registrar. DATE OF ORIGINAL ISSUE OF BONDS: June 1, 1999. PURPOSE: For the purpose of providing money to finance certain capital and administration costs of Development District No. 1 in the Issuer. INTEREST PAYMENTS: December 1, 1999, and semiannually thereafter on June 1 and December 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. MATURITIES: December 1 in each of the years and amounts as follows: Year Amount 2001 $ 50,000 2002 80,000 2003 110,000 2004 -2012 140,000 All dates are inclusive. Proposals for the bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. REDEMPTION: At the option of the Issuer, bonds maturing after December 1, 2003, shall be subject to prior payment on said date, and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, 0 the bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. CUSIP NUMBERS: If the bonds qualify for assignment of CUSIP numbers such numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. TYPE OF PROPOSAL: Sealed proposals of not less than $1,480,500 and accrued interest on the principal sum of $1,500,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit ") in the amount of $30,000, payable to the order of the Treasurer of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Juran & Moody, and addressed to: Shirley Clinton Treasurer Andover City Hall 1685 Crosstown Boulevard Northwest Andover, Minnesota 55304 -2612 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the Issuer. Such bond must be submitted to Juran & Moody prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Issuer will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the bonds is adjourned, recessed, or continued to another date without award of the bonds having been made. RATES: All rates must be in integral multiples of 1 /20th or 1 /8th of i%. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity. INFORMATION FROM The successful purchaser will be PURCHASER: required to provide, in a timely manner, certain information relating to the initial offering price of the bonds 8 necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. QUALIFIED TAX The Issuer will designate the bonds as EXEMPT OBLIGATIONS: qualified tax exempt obligations for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. CONTINUING DIS- The Issuer will covenant in the CLOSURE UNDERTAKING: resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2 -12. AWARD: Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. Dated: April 20, 1999. BY ORDER OF THE CITY COUNCIL /s/ Vicki Volk City Clerk Additional information may be obtained from: JURAN & MOODY 1100 Minnesota World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101 -2091 Telephone No.: (651) 224 -1500 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 20, 1999 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 20th day of April, 1999, at 7:00 o'clock P.M. for the purpose, in part, of providing for public sale of the $1,050,000 General Obligation Equipment Certificates of 1999 of said City. The following members were present: Don Jacobson, Julie Johnson, Mike Knight, Ken Orttel and the following were absent: Member Jacobson introduced the following resolution and moved its adoption: Resolution No. R095 -99 RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,050,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1999 a. WHEREAS, the City Council of the City of Andover, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue the City's $1,050,000 General Obligation Equipment Certificates of 1999 (the "Certificates ") , to finance certain capital equipment in the City; and b. WHEREAS, the City has retained Juran & Moody, in St. Paul, Minnesota ( "Juran "), as its independent financial advisor for the Certificates and is therefore authorized to sell the Certificates by a private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: Authorization. The Council hereby authorizes Juran to solicit proposals for the sale of the Certificates. Meeting; Proposal Opening. This Council shall meet at the time and place specified in the Official Terms of Sale attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Certificates. The City Clerk, or designee, shall open proposals at the time and place specified in such Official Terms of Sale. Official Terms of Sale. The terms and conditions of the Certificates and the negotiation thereof are fully set forth in the "Official Terms of Sale" attached hereto as Exhibit A and hereby made a part hereof. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Juran and participate in the preparation of an official statement for the Certificates and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member Knight and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Jacobson, Johnson, Knight, Orttel and the following voted against the same: NONE Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER . I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to said City's $1,050,000 General Obligation Equipment Certificates of 1999. WITNESS my hand as such Clerk this 20th day of April, 1999. r tea, &t�6 City Clerk EXHIBIT A OFFICIAL TERMS OF SALE $1,050,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1999 CITY OF ANDOVER ANOKA COUNTY MINNESOTA (Book Entry Only) NOTICE IS HEREBY GIVEN that these certificates will be offered for sale according to the following terms: TIME AND PLACE: Sealed proposals will be opened by the City Clerk, or designee, on Tuesday, May 18, 1999, at 11:00 A.M., Central Time, at the offices of Juran & Moody, 1100 Minnesota World Trade Center, 30 East Seventh Street, in Saint Paul, Minnesota 55101 -2091. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Andover City Hall beginning at 7:00 P.M., on the same day. BOOK ENTRY SYSTEM: The certificates will be issued by means of a book entry system with no physical distribution of certificates made to the public. The certificates will be issued in fully registered form and one certificate, representing the aggregate principal amount of the certificates maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ( "DTC"), New York, New York, which will act as securities depository of the certificates. Individual purchases of the certificates may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer through U.S. Bank Trust National Association, in St. Paul, Minnesota (the "Registrar ") to DTC or its nominee as registered owner of the certificates. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful proposal maker, as a condition of delivery of the certificates, will be required to deposit the certificates with DTC. The Issuer will pay reasonable and necessary charges for the services of the Registrar. DATE OF ORIGINAL ISSUE OF CERTIFICATES: June 1, 1999. PURPOSE: For the purpose of providing money to finance certain capital equipment in the Issuer. INTEREST PAYMENTS: February 1, 2000, and semiannually thereafter on February 1 and August 1 to registered owners of the certificates appearing of record in the register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. MATURITIES: February 1 in each of the years and amounts as follows: Year Amount 2001 $265,000 2002 275,000 2003 295,000 2004 215,000 Proposals for the certificates may contain a maturity schedule providing for any combination of serial certificates and term certificates, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. REDEMPTION: At the option of the Issuer, certificates maturing after February 1, 2001, shall be subject to prior payment on said date, and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the certificates subject to prepayment. If redemption is in part, the certificates remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the certificates having a common maturity date are called for prepayment, 3 the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each certificate to be redeemed at the address shown on the registered books. CUSIP NUMBERS: If the certificates qualify for assign- ment of CUSIP numbers such numbers will be printed on the certificates, but neither the failure to print such numbers on any certificate nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the certificates in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. TYPE OF PROPOSAL: Sealed proposals of not less than $1,039,500 and accrued interest on the principal sum of $1,050,000 from date of original issue of the certificates to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit ") in the amount of $21,000, payable to the order of the Treasurer of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the certificates should be C! delivered to Juran & Moody, and addressed to: Shirley Clinton Treasurer Andover City Hall 1685 Crosstown Boulevard Northwest Andover, Minnesota 55304 -2612 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the Issuer. Such bond must be submitted to Juran & Moody prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the certificates are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Issuer will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the certificates is adjourned, recessed, or continued to another date without award of the certificates having been made. RATES: All rates must be in integral multiples of 1 /20th or 1 /8th of lo. No limitation is placed upon the number of rates which may be used. All certificates of the same maturity must bear a single uniform rate from date of issue to maturity. INFORMATION FROM The successful purchaser will be PURCHASER: required to provide, in a timely manner, certain information relating to the initial offering price of the certificates necessary to compute the yield on the certificates pursuant to 5 the provisions of the Internal Revenue Code of 1986, as amended. QUALIFIED TAX The Issuer will designate the EXEMPT OBLIGATIONS: certificates as qualified tax exempt obligations for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. CONTINUING DIS- The Issuer will covenant in the CLOSURE UNDERTAKING: resolution awarding the sale of the certificates and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2 -12. AWARD: Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all certificates from their date to their stated maturity. The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. Dated: April 20, 1999, BY ORDER OF THE CITY COUNCIL /s/ Vicki Volk City Clerk Additional information may be obtained from: JURAN & MOODY 1100 Minnesota World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101 -2091 Telephone No.: (651) 224 -1500 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 096-99 A RESOLUTION SETTING FEES FOR CASH IN LIEU OF LAND DEDICATION (PARK LAND). The City Council of the City of Andover hereby resolves: Cash in Lieu of Land Dedication (Residential) Single Family Residence $1,100 per unit Town Home and Twin Home $1,100 per unit Apartment (Mult- Family) $1,000 per unit Lot Splits $1,100 per unit Adopted by the City Council of the City of Andover on this 20th day of April, 1999, ATTEST: A'111-" Victoria Volk, City Clerk CITY OF A-'NDOVER E. McKelvey, May—or —�t- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 097 -99 A RESOLUTION SETTING FEES FOR TRAILS IN COMMERCIAL /INDUSTRIAL AND RESIDENTIAL DEVELOPMENTS. The City Council of the City of Andover hereby resolves: Trail Fee (Commercial /Industrial) The developer is responsible for 100% of the cost of the adjacent trail if the trail is proposed as part of the adopted comprehensive plan. Trail Fee (Residentiall Single Family Residence $300 per unit Townhome, Twin home, Multi - Family and Lot Splits Adopted by the City Council of the City of Andover this 20th day of April , 1999. CITY OF ANDOVER ATTEST: ' `! /f/c .E. McKelvey -Mayor d" Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R98 -99 A RESOLUTION APPROVING THE VARIANCE REQUEST OF THE CITY OF ANDOVER TO ORDINANCE NO. 8, SECTION 6.02 WHICH REQUIRES A MINIMUM THIRTY -FIVE (35) FOOT SIDEYARD SETBACK FROM THE STREET FOR THE CONSTRUCTION OF A WELLHOUSE TO ENCROACH FIFTEEN (15) FEET INTO THE SIDEYARD SETBACK FROM THE STREET REQUIRED FOR A PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT 2014 150TH LANE NW, LEGALLY DERRIBED AS LOT 14, BLOCK 10, WOODLAND ESTATES. WHEREAS, the City of Andover requested a variance to Ordinance No. 8, Section 6.02 which requires a thirty-five (35) foot sideyard setback from the street and to allow the placement of a principal structure (well house) to encroach fifteen (15) feet into the sideyard setback from the street on the property located at 2014 150th Lane NW, legally described as 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 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 hereby approves the variance as stated above by the City of Andover on the property located at 2014 150th Lane NW, legally described above. Adopted by the City Council of the City of Andover this 4th day of Mav, 1999. ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA P8*`1r;LURI Ii'3'El' A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR A CHURCH ADDITION, CONSTANCE EVANGELICAL FREE CHURCH, 16150 CROSSTOWN BLVD. NW (PIN 14- 32 -24 -14 -0001, -- 0002 - 0005). WHEREAS, Constance Evangelical Free Church has petitioned for an amended special use permit to construct an addition onto an existing building at 16150 Crosstown Blvd NW (PIN 14- 32 -24 -14 -0001, -- 0002 -0005) legally described as follows: That part of the East 971.35 feet of the Southeast Quarter of the Northeast Quarter of Section 14, Township 32, Range 24, Anoka County Minnesota, lying southerly of the north 103 feet thereof. (As measured along the South and east lines thereof.) Except that part described as follows: Beginning at a point on the East line of said quarter quarter 103 feet South of the Northeast corner thereof, thence south along the said east line 660.20 feet; thence west parallel with the north line of said quarter, 330 feet; thence north parallel with said east line 660.20 feet; thence east parallel with said north line to the point of beginning. Except that portion platted as ANOKA COUNTY RIGHT OF WAY PLAT NO. 20 and ANOKA COUNTY RIGHT OF WAY PLAT NO. 24. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 5.03 & 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. Page Two ASUP 99 -05 Constance Free Church Addition May 4, 1999 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the amended special use permit on said property with the following condition: 1) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). Adopted by the City Council of the City of Andover on this 4th day of May, 1999. ATTEST: A&-1 Victoria Volk, City Clerk /J E. McKelvey, May r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 100 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, ORDERING AND APPROVING PROJECT FOR THE IMPROVEMENT OF PROJECT 98 -7 FOR ENTRANCE IMPROVEMENTS IN THE AREA OF WINSLOW HILLS -150TH LANE NW. WHEREAS, the City Council did on the 6th day of April , 1999, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 4th day of May , 19 99 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 8,300.00 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 $ 8,300.00 BE IT FURTHER RESOLVED by the City Council to also order and approve the plans and specifications for such improvement project. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 4th day of May , 19 99 , with Councilmembers Jacobson. Knight. McKelvey, Johnson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST:�G� , J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 101 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 96 -1 FOR KELSEY -ROUND LAKE PARK (PHASE II) . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 072 -99 , dated April 6, 1999, bids were received, opened and tabulated according to law with results as follows: ACI Asphalt $102,143.20 Barber Construction $113,486.00 Frattalone Paving $113,857.25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate ACI Asphalt as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with ACI Asphalt in the amount of $ 102.143.20 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 4th day of May 19 99 , with Councilmembers Jacobson. Knight, McKelvey Johnson Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 102 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98 -33 FOR CAMBRIDGE ESTATES 2ND ADDITION. WHEREAS, pursuant to Resolution No. 028 -99 , adopted by the City Council on the 2nd day of February , 1999, MFRA has prepared final plans and specifications for Project 98 -33 for Cambridge Estates 2nd Addition . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of May 19 99. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM June 8 19 99 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 4th day of May 19 99, with Councilmembers Jacobson. Knight, McKelvey, Johnson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: , L ' )* E. McKelvey -Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 103 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FORBIDS FOR PROJECT NO. 98 -36 FOR CHESTERTON COMMONS NORTH. WHEREAS, pursuant to Resolution No. 040 -99 , adopted by the City Council on the 16th day of February , 1999, MFRA has prepared final plans and specifications for Project 98 -36 for Chesterton Commons North . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of May 19 99. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, June 8 , 19 99 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 4th day of May , 19 99 , with Councilmembers Jacobson. Knight, McKelvey, Johnson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' z 1 c w J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 104 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98 -34 FOR CHESTERTON COMMONS 3RD ADDITION. WHEREAS, pursuant to Resolution No. 021 -99 , adopted by the City Council on the 19th day of January , 1999, MFRA has prepared final plans and specifications for Project 98 -34 for Chesterton Commons 3rd Addition WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of May 19 99. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM June 8 19 99 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 4th day of May , 19 99 , with Councilmembers Jacobson. Knight, McKelvey, Johnson Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: , e• A c .E. McKelvey -Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 105 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98 -30 FOR CHESTERTON COMMONS 4TH ADDITION FOR SANITARY SEWER WATERMAIN, STREETS AND STORM SEWER. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 079 -99 , dated April 6 , 1999, bids were received, opened and tabulated according to law with results as follows: Hydrocon, Inc. $192,552.10 Annandale Contracting $197,332.75 Volk Sewer & Water $198,929.55 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Hydrocon, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Hydrocon. Inc. in the amount of $192.552.10 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 Knight and adopted by the City Council at a regular meeting this 4th day of May , 19 99 , with Councilmembers Jacobson, Knight, McKelvey. Johnson. Orttel voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: �" e d a .E. McKelvey - Mayor Victoria Volk - City Clerk voting CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 106 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 1 TO PROJECT NOS. 99- 1 & 97-52, BITUMINOUS TRAIL IMPROVEMENTS WHEREAS, the City of Andover has a contract for Project Nos. 99 -1 & 97- 52 with Barber Construction Co., Inc. of Hopkins. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos. 99 -1 & 97 -52. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 4th day of May _, 19 99 , with Councilmembers Jacobson. Knight McKelvey, Johnson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER L� ATTEST: i L • )&' ri J/ e .E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 107 -99 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 STORM WATER PROJECT NO. 97-26A, IN THE HAMILTON SQUARE AREA. WHEREAS, the City Council has received a petition, dated Aoril 27. 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 Knight and adopted by the City Council at a regular meeting this 4th day of May, 19 99, with Councilmembers Jacobson, Knight, McKelvey, Johnson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' I / is 1 " .E. McKelvey - Mayor 66&1 1 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R108 -99 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF ANDOVER STATION BY THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY (EDA) LOCATED IN SECTION 34, 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. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 2. Dedication of right -of -way for Bunker Lake Boulevard NW as required by the Anoka County Highway Department. 3. Variance to Ordinance No. 10, Section 8.04(k) to allow the application of the Special Use Permit for the area identifications signs at a later date. 4. Variance to Ordinance No. 10, Section 9.02(c) to allow lots to front on the Municipal State Aid streets of Jay Street NW and Commercial Boulevard NW. 5. The plat be contingent on staff review and approval in compliance with City ordinances, policies and guidelines. Adopted by the City Council of the City of Andover this 4th day of May '19 99 . ATTEST: ,� 4fr Victoria Volk, City Clerk CITY OF ANDOVER / ��// e, —XIALU .E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 109 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98 -17 FOR BUNKER LAKE BOULEVARD RECONSTRUCTION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 065 -99 , dated March 16, 1999, bids were received, opened and tabulated according to law with results for the City's portion of the bid for the Bunker Lake Blvd. reconstruction project. Richard Knutson was the low bidder for the counties project. The City's portion of the project is as follows: Total Bid Amount: $1,243,933.40 ($758,641.42 State Aid Eligible + $476,291.98 (mostly trunk water and sanitary sewer costs) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Richard Knutson as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Richard Knutson in the amount of $1,243.933.40 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 4th day of May 19 99 , with Councilmembers Jacobson. Knight, McKelvey. Johnson. Orttel (present) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayo Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 110 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98 -27 FOR SANITARY SEWER WATERMAIN, STREET AND STORM SEWER IN THE FOLLOWING AREA FOX HOLLOW. WHEREAS, the City Council did on the 20th day of April , 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 18th day of May , 19 99 ; 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 $ 1.581,270.21 . 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 $ 1,581,270.21 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 $ 237.190.53 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 18th day of May , 19 99 , with Councilmembers Jacobson. Knight, McKelvey, Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: - f / .E. McKelvey - Mayo Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 111 -99 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. 99-20, IN THE AREA OF 13530 HANSON BOULEVARD NW. WHEREAS, the City Council has received a petition, dated March 11, 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 City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 18th day of Maw_, 19 99, with Councilmembers Jacobson. Knight, McKelvey, Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 112 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN , PROJECT NO. 99-19, IN THE AREA OF 3580 - 144TH AVENUE NW. WHEREAS, the City Council has received a petition, dated April 30, 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 City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 18th day of Ma_, 19 99, with Councilmembers Jacobson. Knight, McKelvey. Orttel. Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: E. McKelvey - Mayoyf Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 113 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF ENTRANCE IMPROVEMENTS, FOR PROJECT 98 -7, WINSLOW HILLS -150TH LANE NW, THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $8.300.00, the expenses incurred or to be incurred in the making of such improvement amount to $ -0- so that the total project cost of the improvement will be $8,300.00 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $8.300.00 2. Assessments 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 1 st Monday in January 2000 , and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 18th day of May , 19 99 , with Councilmembers Jacobson, Knight, McKelvey. Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY /rOF ANDOVER ATTEST: ' L c J.E. McKelvey - Mayo Jar'` i Victoria Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R114 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF ANDOVER STATION , AS BEING DEVELOPED BY THE ANDOVER ECONOMIC DEVELOPMENT AUTHORITY, IN SECTION 34- 32 -24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of the Development of Andover Station ; and WHEREAS, the Developer has presented the final plat of Andover Station: 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 contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. 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. 3. Dedication of right -of -way for Bunker Lake Boulevard NW (Co. Rd. No. 116) as requested by the Anoka Co. Hwy. Dept. 4. Contingent on staff review and approval for compliance with City ordinances, polices & guidelines. 5. Variance to ordinance No. 10, Section 8.04(k) to allow the application of the Special Use Permit for the area identification signs at a later date. 6. Variance to Ordinance No, 10, Section 9.02(c) to allow lots to front on a Municipal State Aid streets of Jay Street NW and Commercial Boulevard NW. 7. The approval of the association documents and covenants by the EDA and the recording of said documents. Adopted by the City Council of the City of Andover this 18th day of Mme_, 19 99 . CITY OF ANDOVER ATTEST: E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 115 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97 -26A FOR STORM WATER DRAINAGE IN THE FOLLOWING AREA HAMILTON SQUARE. WHEREAS, the City Council did on the 4th day of May, 1999, 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 18th day of May , 19 99 ; 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 $ 38,130.00 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 $ 38.130.00 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 $ 5,719.50 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 18th day of May , 19 99 , with Councilmembers Jacobson. Knight, McKelvey. Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: c A.E. McKelvey - May Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 116 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98 -28 FOR SHADOWBROOK 5TH ADDITION AND FOR SANITARY SEWER WATERMAIN, STREETS AND STORM SEWER. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 060 -99 , dated March 16, 1999, bids were received, opened and tabulated according to law with results as follows: Annandale Contracting $351,911.55 CW House, Inc. $355,268.60 Kober Excavating $362,641.70 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Annandale Contracting as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Annandale Contracting in the amount of $351,911.55 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 Knight and adopted by the City Council at a regular meeting this 18th day of May, 19 99 , with Councilmembers Jacobson. Knight, McKelvey, Orttel, Johnson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: G�,v�nc.ry Jr�� Victoria Volk - City Clerk CITY OF ANDOVER d 0 E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R117 -99 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF EDWARD AND LORA HAMILTON TO VACATE A PORTION OF LOT 1, BLOCK 2 HAMILTON SQUARE (PIN 23- 32- 24 -32- 0021). WHEREAS, Edward and Lora Hamilton have requested to vacate a portion of a drainage and utility easement located at Lot 1, Block 2, HAMILTON SQUARE, legally described as follows: Vacation of the following described drainage and utility easement: Commencing at the most southerly corner of Lot 1, Block 2, HAMILTON SQUARE, Anoka County, Minnesota; thence northeasterly along a curve concave to the northwest having a radius of 599.45 feet, a central angle of 6 degrees, 57 minutes, 37 seconds a distance of 72.82 feet; thence North 55 degrees, 30 minutes, 42 seconds East, tangent with said curve, and parallel with the southeastern boudary of HAMILTON SQUARE, 142.89 feet; thence North 50 degrees, 00 minutes, 58 seconds East, parallel with the southeastern boundary of HAMILTON SQUARE 255.00 feet; thence North 39 degrees, 59 minutes, 02 seconds West, 50.00 feet; thence South 86 degrees, 17 minutes, 33 seconds West, 98.35 feet; thence North 88 degrees, 43 minutes, 55 seconds West, 255.00 feet to the western boundary of said Lot 1, Block 2; thence South 01 degree, 43 minutes, 55 seconds East, parallel with the western boundary of HAMILTON SQUARE, 320.00 feet to the point of beginning. Except the most westerly 10.00 feet and most southeasterly 10.00 feet of said Lot 1, Block 2. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested subject to the following condition: 1) Construction of a storm water drainage system discharging northerly into County Ditch No. 37, as approved by the City Engineer. 2) Approval by the Coon Creek Watershed District. Adopted by the City Council of the City of Andover on this 18th day of May, 1999. CITY OF ANDOVER ATTEST J.E. McKelvey, Mayor Z �� Victoria Volk, City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: May 18, 1999 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 18th day of May, 1999, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the sale of, $1,500,000 General Obligation Tax Increment Bonds of 1999 of the City. The following members were present: Mayor McKelvey and Council members Orttel, Knight, Johnson, & Jacobson and the following were absent:None Member orttel introduced the following resolution and moved its adoption: Resolution Number 118 -9q RESOLUTION ACCEPTING PROPOSAL ON SALE OF $1,500,000 GENERAL OBLIGATION TAX INCREMENT BONDS OF 1999, PROVIDING FOR THEIR ISSUANCE, AND PLEDGING TAX INCREMENTS FOR THE PAYMENT THEREOF A. WHEREAS, on April 20, 1999, the City Council of the City of Andover, Minnesota (the "City "), adopted a resolution (the "Preliminary Resolution "), which provided for the private negotiation of $1,500,000 General Obligation Tax Increment Bonds of 1999 (the "Bonds "); and B. WHEREAS, proposals to purchase the Bonds have been solicited by Juran & Moody ( "Juran ") in accordance with the Preliminary Resolution; and C. WHEREAS, the proposals set forth on Exhibit A attached hereto were received and opened pursuant to the Official Terms of Bond Sale established for the Bonds in the presence of the Clerk, or designee, at the offices of Juran at 11:00 A.M., Central Time, this same day; and D. WHEREAS, the City Council has heretofore created Development District No. 1 (the "Development District ") pursuant to the provisions of Minnesota Statutes, Sections 469.124 through 469.134, and has approved a development program (the "Program ") with respect to the Development District; and 1039585.1 E. WHEREAS, the Council has also approved a tax increment financing plan (the "Plan ") and designated Tax Increment Financing Districts Nos. 1 -1 and 1 -2 redevelopment districts within the Development District (collectively, the "Tax Increment District ") under the provisions of Minnesota Statutes, Sections 469.174 through 469.179; and F. 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 capital and administration costs of the Development District, as set forth in the Plan (the "Project "); and G. WHEREAS, the City Council of the City has heretofore determined and declared that it is necessary and expedient to issue the Bonds of the City, pursuant to Minnesota Statutes, Chapters 469 and 475, to finance the Project; and 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: 1. Acceptance of Proposal. The proposal of Norwest Investment Services,Inc.(the "Purchaser ") , to purchase the Bonds of the City (or individually, a "Bond "), in accordance with the Official Terms of Bond Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $1,480,500.00 , 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 City Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks and drafts. 2. Bond Terms. (a) Title; Original Issue Date: Denominations: Maturities: Term Bond Option. The Bonds shall be titled "General Obligation Tax Increment Bonds of 199911, shall be dated June 1, 1999, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations "). The Bonds shall mature on December 1 in the years and amounts as follows: 1039585.1 2 Year Amount Year Amount 2001 $ 50,000 2004 -2012 $140,000 2002 80,000 2003 110,000 All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository ") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, 1039585.1 3 or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder "). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds.are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for.the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book -entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book -entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book -entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the 1039585.1 Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency /bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is 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 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 1039585.1 5 bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Project. Pursuant to the Plan, tax increments derived from the Tax Increment District (the "Tax Increments ") established pursuant to the Plan, have been pledged to the payment of the Bonds and interest thereon. The estimated collection of Tax Increments exceeds twenty percent (20a) 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 estimated to be at least equal to the amount of the Bonds. Proceeds of the Bonds shall be expended on costs or uses permitted by Minnesota Statutes, Sections 469.174 through 469.179, including particularly Section 469.176, Subdivision 4, and shall not be expended on any costs or devoted to any other uses. 4. Interest. The Bonds shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date "), commencing December 1, 1999, 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: 1039585.1 6 Maturity Interest Maturity Interest Year Rate Year Rate 2001 5.00 0 2007 4.20 2002 5.00 2008 4.30 2003 4,75 2009 4.40 2004 4.00 2010 4.45 2005 4.05 2011 4.55 2006 4.15 2012 4.65 5. Redemption. All Bonds maturing in the years 2004 to 2012, both inclusive, shall be subject to redemption and prepayment at the option of the City on December 1, 2003, and on any interest payment 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, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; 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 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. 1039585.1 7 6. Bond Registrar. U.S. Bank Trust National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar "), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1039585.1 8 I= UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER GENERAL OBLIGATION TAX INCREMENT BOND OF 1999 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP REGISTERED OWNER: PRINCIPAL AMOUNT: JUNE 1, 1999 W• acs 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 June 1 and December 1 of each year (each, an "Interest Payment Date "), commencing December 1, 1999, 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 Date. The principal of and premium, if any, and interest on this Bond are payable in 1039585.1 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 of this Bond. Until termination of the book -entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee.]' REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Include only until termination of the book -entry only system under paragraph 2 hereof. 1039585.1 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 1039585.1 11 ON REVERSE OF BOND Redemption. All Bonds of this issue (the "Bonds ") maturing in the years 2004 to 2012, both inclusive, are subject to redemption and prepayment at the option of the Issuer on December 1, 2003, and on any interest payment 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, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denomina- tions, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $1,500,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on May 18, 1999 (the "Resolution "), for the purpose of 1039585.1 12 providing money to finance certain capital and administration costs of Development District No. 1 within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Tax Increment Bonds of 1999 Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely as fully registered bonds in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other 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. 1039585.1 13 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. 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 (Gust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 1039585.1 14 ASSIGNMENT For value received, assigns and transfers unto hereby irrevocably constitute attorney to transfer the Bond registration thereof, with fu premises. Dated: the undersigned hereby sells, the within Bond and does and appoint on the books kept for the 11 power of substitution in the 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 unless the information concerning is provided. Name and Address: effect transfer of this Bond the transferee requested below (Include information for all joint owners if the Bond is held by joint account.) 1039585.1 15 [Use only for Bonds when they are registered in Book Entry Only System] PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER 1039585.1 16 8. Execution; Temoorary Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is June 1, 1999. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute 1039585.1 17 (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall 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 1039585.1 18 draft mailed to the person in whose name the Bond is registered (the "Holder ") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date "). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date ") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Treasurer to the Purchaser upon receipt of thet purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Tax Increment Bonds of 1999 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 and less any amount paid for the Bonds in excess of $1,480,500. 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 1039585.1 19 used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the 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 $1,480,500; (iv) available moneys of the City in an amount necessary to pay the principal and interest on the Bonds coming due on December 1 , 1999 through December 1 , 2001 which shall be deposited by the City in the Debt Service Account at closing; (v) any collections of all taxes which may hereafter be levied in the event that the Tax Increments and other sums herein pledged to the payment of the Bonds are insufficient therefor; (vi) all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (vii) all investment earnings on funds held in the Debt Service Account; and (viii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (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 (So) 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 Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the 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 "). 1039585.1 20 16. Original Net Tax Capacity: 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 shall determine in each year if the then - current net tax capacity of property in the Tax Increment District exceeds the original net tax capacity, and shall 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 District. The City hereby determines to retain 100% of the captured tax capacity for purposes of tax increment financing. The County Auditor shall, 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 shall constitute the Tax Increments for the year in which it is received. The County Treasurer will remit to the City the Tax Increments so received. The City hereby appropriates the Tax Increments to the Debt Service Account, which appropriation shall continue until all of the Bonds and any additional bonds payable from the Debt Service Account, are paid or discharged. The City hereby expressly reserves the right to use the Tax Increments to finance costs set forth in the Plan not financed hereby or to finance costs of other projects to be undertaken from time to time within the Development District in accordance with the Program and the Plan, as they may from time to time be amended. 17. Reservation of Rights. Notwithstanding any provisions herein to the contrary, the City reserves the right to terminate, reduce, or apply to other lawful purposes the Tax Increments herein pledged to the payment of the Bonds and interest thereon to the extent and in the manner permitted by law. 18. 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 collections 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 determination 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. 19. 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 (516) in 1039585.1 2 1 excess of the amount needed to meet when due the principal and interest payments on the Bonds. 20. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and /or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 21. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reim- burse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). The City hereby certifies and /or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the 1039585.1 22 City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 51 of the proceeds of the Bonds. Notwithstanding the foregoing, with respect to any Declaration made by the City between January 27, 1992 and June 30, 1993, with respect to a Reimbursement Expenditure made prior to March 2, 1992, the City hereby represents that there exists objective evidence, that at the time the Expenditure was paid the City expected to reimburse the cost thereof with the proceeds of a borrowing (taxable or tax - exempt) and that expectation was reasonable. (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 Reim- bursement Regulations for each Reimbursement Expendi- ture shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reim- bursement Expenditure or one year after the date on which the Project to which the Reimbursement Expendi- ture relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 21 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax - exempt status of the Bonds. 22. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the 1039585.1 23 "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 22 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. 23. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 1039585.1 24 24. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as 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. 25. 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. .26. Negative Covenant as Project. The City hereby covenants the Bonds or to use the Project, or used, or to enter into any deferred cost of the Project, in such a mann, "private activity bonds" within the 141 through 150 of the Code. to Use of Proceeds and not to use the proceeds of to cause or permit them to be payment arrangements for the �r as to cause the Bonds to be meaning of Sections 103 and 27. Tax- Exemot Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small- issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety -five percent (95 %) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax - exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected 1039585.1 2 5 to exceed $5,000,000, all within the meaning of Section 148 (f) (4) (C) of the Code. 28. Designation of Qualified Tax - Exempt Oblications. In order to qualify the Bonds as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1999 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1999 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 29. Severabilitv. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 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. 1039585.1 26 The motion for the adoption of the foregoing resolution was duly seconded by member TArnhcnn and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: McKelvey, Orttel, Knight, Johnson, and Jacobson and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 1039585.1 27 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, $1,500,000 General Obligation Tax Increment Bonds of 1999 of said City. WITNESS my hand this 18th day of May, 1999. Clerk 1039585.1 28 EXHIBIT A NORWEST INVESTMENT SERVICES, INC. 5.00% - 2001/02 (WITH MBIA INSURANCE) 4.75%-2003 4.00%-2004 4.05%-2005 4.15%-2006 4,20%-2007 4.30 % -2008 4.40%-2009 4.45%-2010 4.55%-2011 4.65%-2012 PURCHASE PRICE: $1,480,500.00 $585,497.50 (4.5493 %) DAIN RAUSCHER, INC. 3.70%-2001 3.80%-2002 3.90%-2003 4.00 % -2004 4.10%-2005 4.20%-2006 4.30%-2007 4.40%-2008 4.50%-2009 4.60 % -2010 4.70%.2011 4.75%.2012 PURCHASE PRICE: $1,480,500.00 $588,205.00 (4.5703%) CRONIN & CO., INC.) 3.75%.2001 SMITH BARNEY INC.) CO- MANAGER 3.90 % -2002 4.00 % - 2003/04 4.15%-2005 4.25%-2006 4.35 % -2007 4.45%-2008 4.50%.2009 4.60%-2010 4.75 % - 20011/12' PURCHASE PRICE: $1,480,812.60 $591,844.90 (4.5986 %) US BANCORP PIPER JAFFRAY INC. 3.75%-2001 3.90%-2002 4.00%-2003 4.15%-2004 4.25% -zoos 4.30%.2006 4.40%-2007 4.50%-2008 4.60%-2009 4.70%-2010 4.75%-2011 4.80%-2012 PURCHASE PRICE: $1,480,500.00 $600,032.50 (4.6622 %) JOHN G. KINNARD & CO.) 3.90%-2001 DOUGHERTY SUMMIT ) JT. MANAGER 4.00%-2002 SECURITIES LLC) 4.05%-2003 4.10 % -2004 4.20%-2005 4.30%-2006 4.40%-2007 4.50%-2008 4.60 % -2009 4.70%-2010 4.80%-2011 4.90%-2012 PURCHASE PRICE: $1,482,000.00 $601,172.50 (4.67119/o) 'TERMED BONDS EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: May 18, 1999 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 18th day of May, 1999, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the sale of, $1,050,000 General Obligation Equipment Certificates of 1999 of the City. The following members were present: Mayor McKelvey and Council members Orttel, Knight, Johnson, & Jacobson and the following were absent: None Member Orttel introduced the following resolution and moved its adoption: Resolution # 119 -99 RESOLUTION ACCEPTING PROPOSAL ON SALE OF $1,050,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF 1999, PROVIDING FOR THEIR ISSUANCE, AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, on April 20, 1999, the City Council of the City of Andover, Minnesota (the "City "), adopted a resolution (the "Preliminary Resolution "), which provided for the private negotiation of $1,050,000 General Obligation Equipment Certificates of 1999 (the "Certificates "); and B. WHEREAS, proposals to purchase the Certificates have been solicited by Juran & Moody ( "Juran ") in accordance with the Preliminary Resolution; and C. WHEREAS, the proposals set forth on Exhibit A attached hereto were received and opened pursuant to the Official Terms of Sale established for the Certificates in the presence of the Clerk, or designee, at the offices of Juran at 11:00 A.M., Central Time, this same day; and D. WHEREAS, the City Council has determined and declared that it is necessary issue the Certificates of the City, pursuant Statutes, Chapter 475 and Section 412.301, to acquisition of certain capital equipment (the 1039877.1 heretofore and expedient to to Minnesota finance the "Project "); and E. WHEREAS, each item of equipment to be financed by the Certificates has an expected useful life at least as long as the term of the Certificates; and F. WHEREAS, the principal amount of the Certificates does not exceed 0.250 of the market value of the City; and G. WHEREAS, it is in the best interests of the City that the Certificates be issued in book -entry form as hereinafter provided; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of Norwest Investment Services, Inc. (the "Purchaser "), to purchase the Certificates of the City (or individually, a "Certificate "), in accordance with the Official Terms of Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $1,042,783.45 plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Certificates 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. Bond Terms. (a) Title; Original Issue Date; Denominations; Maturities; Term Option. The Certificates shall be titled "General Obligation Equipment Certificates of 199911, shall be dated June 1, 1999, as the date of original issue and shall be issued forthwith on or after such date as fully registered certificates. The Certificates shall be numbered from R -1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations "). The Certificates shall mature on February 1 in the years and amounts as follows: Year Amount 2001 $225,000 2002 250,000 As may be requested Certificates may be issued ha redemption and final maturity principal repayment schedule, made to the provisions of the 1039377.1 Year Amount 2003 $270,000 2004 305,000 by the Purchaser, one or more term ring mandatory sinking fund amounts conforming to the foregoing and corresponding additions may be applicable Certificate(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository ") will act as securities depository for the Certificates, and to this end: (i) The Certificates shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period "), shall at all times be in the form of a separate single fully registered Certificate for each maturity of the Certificates; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Certificate shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Certificate. (ii) Upon initial issuance, ownership of the Certificates shall be registered in a register maintained by the Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee "). (iii) with respect to the Certificates neither the City nor the Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Certificates as securities depository (the "Participant ") or the person for which a Participant holds an interest in the Certificates shown on the books and records of the Participant (the "Beneficial Owner "). Without limiting the immediately preceding sentence, neither the City, nor the Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Certificates, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Certificates, 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 Certificates, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Certificates (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 Certificates are credited on the record date identified in a listing attached to the omnibus proxy. 1039877.1 3 (iv) The City and the Registrar may treat as and deem the Depository to be the absolute owner of the Certificates for the purpose of payment of the principal of and premium, if any, and interest on the Certificates, for the purpose of giving notices of redemption and other matters with respect to the Certificates, 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 Certificates, and for all purpose whatsoever. The Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Certificates only to the Holder or the Holders of the Certificates as shown on the 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 Certificates to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the 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 Certificate is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Certificate and all notices with respect to such shall be made and given, respectively, by the 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 Certificates (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 Certificates, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Certificate 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 Certificates. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Registrar with respect to any 1039877.1 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 Registrar may establish a special record date for such consent or other action. The City or the 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 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 Certificate, the Holder may, in lieu of surrendering the Certificates for a Certificate 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 Certificate stating the amount so redeemed. (c) Termination of Book -Entry Only System. Discontinuance of a particular Depository's services and termination of the book -entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Certificates 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 Certificate 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 City determines that it is in the best interests of the City or the Beneficial Owners of the Certificate that the Beneficial Owners be able to obtain certificates for the Certificates, the Certificates shall no longer be registered as being registered in the register in the name of the Nominee, but may be registered in whatever name or names the Holder of 1039977.1 5 the Certificates shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Certificates 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 or Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Certificates shall provide funds to finance the Project (the "Equipment "). The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Certificates. 4. Interest. The Certificates shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2000, calculated on the basis of a 360 -day year of twelve 30 -day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year 2001 2002 Interest Rate 3.700- 3.85 Maturity Year 2003 2004 Interest Rate 4.00 4.00 5. Redemption. All Certificates maturing in the years 2002 to 2004, both inclusive, shall be subject to redemption and prepayment at the option of the City on February 1, 2001, and on any interest payment date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Certificates subject to prepayment. If redemption is in part, those Certificates remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Certificates having a common maturity date are called for prepayment, the specific Certificates to be prepaid shall be chosen by lot by the Registrar. Certificates or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Certificates at least thirty (30) days prior to the date fixed for redemption. 1039877.1 To effect a partial redemption of Certificates having a common maturity date, the Registrar prior to giving notice of redemption shall assign to each Certificate having a common maturity date a distinctive number for each $5,000 of the principal amount of such Certificate. The Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Certificates, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Certificates to be redeemed. The Certificates to be redeemed shall be the Certificates to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Certificate of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Certificate is to be redeemed only in part, it shall be surrendered to the Registrar (with, if the City or Registrar so requires, a written instrument of transfer in form satisfactory to the City and 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 Registrar shall authenticate and deliver to the Holder of such Certificate, without service charge, a new Certificate or Certificates of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Certificate so surrendered. 6. Registrar. U.S. Bank Trust National Association, in St. Paul, Minnesota, is appointed to act as registrar and transfer agent with respect to the Certificates (the "Registrar "), and shall do so unless and until a successor Registrar is duly appointed, all pursuant to any contract the City and Registrar shall execute which is consistent herewith. The Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Certificates shall be paid to the registered holders (or record holders) of the Certificates in the manner set forth in the form of Certificate and paragraph 12 of this resolution. 7. Form of Certificate. The Certificates, together with the Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1039877.1 7 m UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER GENERAL OBLIGATION EQUIPMENT CERTIFICATE OF 1999 INTEREST MATURITY DATE OF RATE DATE ORIGINAL ISSUE CUSIP JUNE 1, 1999 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, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date "), commencing February 1, 2000, at the rate per annum specified above (calculated on the basis of a 360 -day year of twelve 30 -day months) until the principal sum is paid or has been provided for. This Certificate will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Certificate are payable upon presentation and surrender hereof at the principal office of U.S. Bank Trust National Association, in St. Paul, Minnesota (the "Registrar "), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Certificate will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Certificate is registered (the "Holder ") on the registration books of the Issuer maintained by the 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 Registrar whenever money becomes available for payment of the defaulted 1039877.1 interest. Notice of the Special Record Date shall be given to Holders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Certificate are payable in lawful money of the United States of America. [So long as this Certificate 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 Certificate and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Certificate shall not be required for payment of the redemption price upon a partial redemption of this Certificate. Until termination of the book - entry only system pursuant to the Resolution, Certificates may only be registered in the name of the Depository or its Nominee.]" REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS CERTIFICATE 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, laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Certificate, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Certificate, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. Include only until termination of the book -entry only system under paragraph 2 hereof. 1039877.1 9 IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Certificate to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: Registrable by: U.S. BANK TRUST NATIONAL ASSOCIATION Payable at: U.S. BANK TRUST NATIONAL ASSOCIATION REGISTRAR'S CITY OF ANDOVER, CERTIFICATE OF ANOKA COUNTY, MINNESOTA AUTHENTICATION This Certificate is one of the Certificates /s/ Facsimile described in the Mayor Resolution mentioned within. /s/ Facsimile U.S. BANK TRUST NATIONAL Clerk ASSOCIATION St. Paul, Minnesota Registrar By Authorized Signature 1039877.1 10 ON REVERSE OF CERTIFICATE Redemption. All Certificates of this issue (the "Certificates ") maturing in the years 2002 to 2004, both inclusive, are subject to redemption and prepayment at the option of the Issuer on February 1, 2001, and on any interest payment date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Certificates subject to prepayment. If redemption is in part, those Certificates remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Certificates having a common maturity date are called for prepayment, the specific Certificates to be prepaid shall be chosen by lot by the Registrar. Certificates or portions thereof called for redemp- tion shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemp- tion date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Certificates at least thirty (30) days prior to the date fixed for redemption. Selection of Certificates for Redemption; Partial Redemption. To effect a partial redemption of Certificates having a common maturity date, the Registrar shall assign to each Certificate having a common maturity date a distinctive number for each $5,000 of the principal amount of such Certificate. The Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Certificates, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Certificates to be redeemed. The Certificates to be redeemed shall be the Certificates to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Certificate of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Certificate is to be redeemed only in part, it shall be surrendered to the Registrar (with, if the Issuer or Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and 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 Registrar shall authenticate and deliver to the Holder of such Certificate, without service charge, a new Certificate or Certificates of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denomina- tions, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Certificate so surrendered. Issuance; Purpose; General Obligation. This Certifi- cate is one of an issue in the total principal amount of $1,050,000, all of like date of original issue and tenor, except 1039877.1 11 as to number, maturity, interest rate, denomination and redemption privilege, which Certificate has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on May 18, 1999 (the "Resolution "), for the purpose of providing money to finance the acquisition of various capital equipment. This Certificate is payable out of the General Obligation Equipment Certificates of 1999 Fund of the Issuer. This Certificate constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Certificates are issuable solely as fully registered certificates in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Certificates of other Authorized Denominations in equal aggregate principal amounts at the principal office of the 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 Registrar. Copies of the Resolution are on file in the principal office of the Registrar. Transfer. This Certificate is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Registrar upon presentation and surrender hereof to the 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 Registrar. Thereupon the Issuer shall execute and the Registrar shall authenticate and deliver, in exchange for this Certificate, one or more new fully registered Certificates 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 Certificate, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Registrar may require payment of a sum sufficient to cover any tax or other govern- mental charge payable in connection with the transfer or exchange of this Certificate and any legal or unusual costs regarding transfers and lost Certificates. Treatment of Registered Owners. The Issuer and Registrar may treat the person in whose name this Certificate is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Certificate shall be overdue, 1039877.1 12 and neither the Issuer nor the Registrar shall be affected by notice to the contrary. Authentication. This Certificate 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 Registrar. Oualified Tax - Exempt Obligation. This Certificate 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. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 1039877.1 13 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Certificate and does hereby irrevocably constitute and appoint attorney to transfer the Certificate on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Certificate in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad- 15(a)(2). The Registrar will not effect transfer of this Certificate unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Certificate is held by joint account.) 1039877.1 14 [Use only for Certificates when they are registered in Book Entry Only System] PREPAYMENT SCHEDULE This Certificate has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER 1039877.1 is 8. Execution; Temporary Certificates. The Certifi- cates 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 Certificates as permitted by law. In the event of disability or resignation or other absence of either such officer, the Certificates may be signed by the manual 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 Certificates shall cease to be such officer before the delivery of the Certificates, 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 certificates, one or more typewritten temporary certificates in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary certificate. Such temporary certificates may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary certificates shall, upon the printing of the definitive certificates and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Certificate 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 Certificate, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Registrar. Certificates of Authentication on different Certificates need not be signed by the same person. The Registrar shall authenticate the signatures of officers of the City on each Certificate by execution of the Certificate of Authentication on the Certificate and by inserting as the date of registration in the space provided the date on which the Certificate is authenticated, except that for purposes of delivering the original Certificates to the Purchaser, the Registrar shall insert as a date of registration the date of original issue, which date is June 1, 1999. The Certificate of Authentication so executed on each Certificate shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Registrar a certificate register in which, subject to such reasonable regulations as the Registrar may prescribe, the Registrar shall provide for the registration of Certificates and the registration 1039877.1 16 of transfers of Certificates entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Certificate at the principal office of the Registrar, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Certificate may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Certificates may be exchanged for Certificates of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Certificates to be exchanged at the principal office of the Registrar. Whenever any Certificates are so surrendered for exchange, the City shall execute (if necessary), and the Registrar shall authenticate, insert the date of registration of, and deliver the Certificates which the Holder making the exchange is entitled to receive. All Certificates surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Registrar and thereafter disposed of as directed by the City. All Certificates delivered in exchange for or upon transfer of Certificates shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Certificates surrendered for such exchange or transfer. Every Certificate presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Certificate and any legal or unusual costs regarding transfers and lost Certificates. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Registrar, including regulations which permit the Registrar to close its transfer books between record dates and payment dates. 1039877.1 17 The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Certifi- cate delivered upon transfer of or in exchange for or in lieu of any other Certificate shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Certificate. 12. Interest Payment; Record Date. Interest on any Certificate shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Certificate is registered (the "Holder ") on the registration books of the City maintained by the 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 Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Registrar may treat the person in whose name any Certificate is registered as the owner of such Certificate for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Certificate and for all other purposes whatsoever whether or not such Certificate shall be overdue, and neither the City nor the Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Certifi- cates 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 "General Obligation Equipment Certificates of 1999 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 Certificates and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Capital Account" and "Debt Service Account ", respectively. 1039877.1 18 (a) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Certificates, less accrued interest received thereon, and less any amount paid for the Certificates in excess of $1,039,500. From the Capital Account there shall be paid all costs and expenses of the acquisition of the Equipment including all 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 Certificates may also be used to the extent necessary to pay interest on the Certificates due prior to the anticipated date of commencement of the collection of taxes herein levied. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all accrued interest received upon delivery of the Certificates; (ii) all funds paid for the Certificates in excess of $1,039,500; (iii) available moneys of the City in an amount necessary to pay the principal and interest on the Certificates coming due onFebruarX ll, 2000 through which shall be deposited by the City in the Debt Service Account at closing; (iv) any collections of all taxes herein or hereafter levied for the payment of the Certificates and interest thereon; (v) all funds remaining in the Capital Account after the payment of all costs of the Project; (vi) all investment earnings on funds held in the Debt Service Account; and (vii) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Certificates and any other general obligation certificates of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Certificates shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Certificates were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5°a) of the proceeds of the Certificates or $100,000. To this effect, any proceeds of the Certificates and any sums from time to time held in the Capital Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the certificates payable therefrom) in excess of amounts which under then - applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary 1039877.1 19 periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Certificates to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code "). 16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Certificates there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax Levy Collection Amount 1999 2000 $285,000 2000 2001 295,000 2001 2002 305,000 2002 2003 317,000 The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Certificates, will produce at least five percent (5°s) in excess of the amount needed to meet when due the principal and interest payments on the Certificates. The tax levies shall be irrepealable so long as any of the Certificates are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17, Defeasance. When all Certificates have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Certificates shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Certificates which are due on any date by irrevocably depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Certificate should not be paid when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Certificates called for redemption on any date when they are prepayable according to their terms, by depositing with the Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Certificates, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably 1039877.1 20 in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and /or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 18. General obligation Pledce. For the prompt and full payment of the principal and interest on the Certificates, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Certificates and any other certificates payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Certificates have been entered in the County Auditor's Register, and that the tax levy required by law has been made. 20. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Certificates, certified copies of all proceedings and records of the City relating to the Certificates and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Certificates as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 21. Compliance with Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150 -2 (the "Reimbursement Regulations ") applicable to the "reimbursement proceeds" of the Certificates, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure "). 1039877.1 2 1 The City hereby certifies and /or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration ") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project "); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Certificates, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Certificates. Notwithstanding the foregoing, with respect to any Declaration made by the City between January 27, 1992 and June 30, 1993, with respect to a Reimbursement Expenditure made prior to March 2, 1992, the City hereby represents that there exists objective evidence, that at the time the Expenditure was paid the City expected to reimburse the cost thereof with the proceeds of a borrowing (taxable or tax - exempt) and that expectation was reasonable. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Certificates 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 Certificates and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on 1039877.1 22 which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be .made in a writing that evidences the City's use of Certificate proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Certificates are issued, shall be treated as made on the day the Certificates are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 21 upon receipt of an opinion of its Certificate Counsel for the Certificates stating in effect that such action will not impair the tax - exempt status of the Certificates. 22. Continuing Disclosure. The City is the sole obligated person with respect to the Certificates. The City hereby agrees, in accordance with the provisions of Rule 15c2 -12 (the "Rule "), promulgated by the Securities and Exchange Commission (the "Commission ") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking ") hereinafter described to: (a) Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR ") and to the appropriate state information depository ( "SID "), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ( "MSRB ") and (ii) the SID, notice of the occurrence of certain material events with respect to the Certificates 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 22 and in the Undertaking is intended to be for the benefit of the Holders of the Certificates 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. 1039877.1 23 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 Certificates, and (iii) acceptable to the Officers. 23. Negative Covenant as to Use of Proceeds and Equipment. The City hereby covenants not to use the proceeds of the Certificates or the Equipment financed thereby, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Equipment, in such a manner as to cause the Certificates to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax - Exempt Status of the Certificates; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Certificates, 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 Certificates, and (3) the rebate of excess investment earnings to the United States if the Certificates (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 Certificates are issued by a governmental unit with general taxing powers, (2) no Certificate is a private activity bond, (3) ninety -five percent (95°s) or more of the net proceeds of the Certificates are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax - exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Certificates are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the Code. 25. Designation of Qualified Tax - Exempt Obligations. In order to qualify the Certificates as "qualified tax - exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: 1039877.1 24 (a) the Certificates are issued after August 7, 1986; (b) the Certificates are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Certificates as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code. (d) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1999 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1999 have been designated for purposes of Section 265(b)(3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by Member Jacobson and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: McKelvey, Orttel, Knight, Johnson & Jacobson and the following voted against the same: NONE Whereupon said resolution was declared duly passed and adopted. 1039877.1 2 5 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, $1,050,000 General Obligation Equipment Certificates of 1999 of said City. WITNESS my hand this 18th day of May, 1999. Clerk 1039677.1 26 EXHIBIT A NORWEST INVESTMENT SERVICES, INC. 3.70%-2001 3.85%-2002 4.00% - 2003/04 PURCHASEPRICE: $1,042,783.45 $143,291.55 (4.1473 %) CRONIN & CO., INC.) 3.75%-2001 SMITH BARNEY INC.) CO- MANAGER 3.85%-2002 4.00% - 2003/04 PURCHASE PRICE: $1,040,763.20 $145,499.30 (4.2112 %) DAIN RAUSCHER, INC. 3.70% - 2001 3.85%-2002 3.95%-2003 4.05%-2004 PURCHASE PRICE: $1,039,500.00 $146,791.67 (4.2486%) JOHN G. KINNARD & CO.) 3,90%-2001 DOUGHERTY SUMMIT ) JT. MANAGER 4.00%-2002 SECURITIES LLC) 4.05%-2003 4.10%-2004 PURCHASE PRICE: $1,042,650.00 $147,093.33 (4.2574 %) US BANCORP PIPER JAFFRAY INC. 3.75%-2001 3.90%-2002 4.00%-2003 4.15%-2004 PURCHASE PRICE: $1,039,500.00 $149,230.83 (4.3192 %) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R120 -99 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF CHARLES AND VENDALA HOULE TO SPLIT A 2.5 ACRE PARCEL FROM A 5 ACRE PARCEL AND VARYING FROM THE PROVISION OF ORDINANCE 8, SECTION 4.05(L) ACCESSORY BUILDINGS AT 3611 157TH AVENUE NW (PIN 17- 32-24-34- 0005). WHEREAS, Charles and Vendala Houle have requested to split a 2.5 acre parcel from a 5 acre parcel pursuant to Ordinance No. 40 and varying from the provision of Ordinance 8, Section 4.05(L) to allow an existing sheet metal building on a parcel less than 3 acres in size at 3611 157` Avenue NW (PIN 17- 32- 24 -34- 0005). Said split is legally described as follows: The North Half of the East Half of the Southeast Quarter of the Southeast Quarter of the Southwest Quarter of Section 17, Township 32, Range 24, Anoka County Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinances No. 40; and WHEREAS, the Planning and Zoning Commission has determined the lawful existence of the building before property split, and the screening of said structure by mature coniferous trees as unique hardship criteria under 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 for the request; 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: Page Two Lot Split 3611 157' Ave NW May 18, 1999 1) That the applicant pay a $400 park dedication fee as stipulated in Ordinance 40, Section 5B. 2) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 3) That the applicant submit a certified property survey of the split to the City. 4) That the applicant plant additional trees to further screen the existing pole building. Adopted by the City Council of the City of Andover on this 18th day of May, 1999. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk /J.EL- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO, 121 -99 A RESOLUTION GRANTING THE VARIANCE REQUEST OF DAVID HOLDSWORTH TO ORDINANCE NO. 8, SECTION 6.02 WHICH REQUIRES A THIRTY -FIVE (35) FOOT FRONTYARD SETBACK ON THE PROPERTY LOCATED AT 15514 LARCH STREET NW, LEGALLY DESCRIBED AS LOT 6, BLOCK 4, NORDEEN ADDITION. WHEREAS, David Holdsworth requested a variance to Ordinance No. 8, Section 6.02 to allow a deck/ramp to encroach fifteen (15) feet into the thirty-five (35) foot frontyard setback on the property located at 15514 Larch Street NW, legally described as Lot 6, Block 4, Nordeen 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 a hardship exists due the fact there is no handicap accessible entrance /exit to the home. WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and hereby approves the variance requested by David Holdsworth to Ordinance No. 8, Section 6.02 on the property located at 15514 Larch Street NW, legally described above. Adopted by the City Council of the City of Andover this 18th day of May. 1999. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk . E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 122 -99 MOTION by Councilmember Jacobson adopt the following A RESOLUTION REQUESTING THE ANOKA COUNTY HIGHWAY DEPARTMENT INSTALL TEMPORARY STOP SIGNS AT THE INTERSECTIONS OF CROSSTOWN BOULEVARD NW (CSAH 18) /SOUTH COON CREEK DRIVE NW AND ROUND LAKE BOULEVARD NW (CSAH 9) /SOUTH COON CREEK DRIVE NW. WHEREAS, the reconstruction of Bunker Lake Boulevard NW has caused the traffic to substantially increase along South Coon Creek Drive NW within the City of Andover; and WHEREAS, the increased traffic at the intersections of Crosstown Boulevard NW (CSAH 18) /South Coon Creek Drive NW and Round Lake Boulevard NW (CSAH 9) /South Coon Creek Drive NW appears to be creating conflicts at these locations; and WHEREAS, the Andover City Council has a concern with traffic safety at the described intersections. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby request the Anoka County Highway Department install temporary stop signs at intersections of Crosstown Boulevard NW (CSAH 18) /South Coon Creek Drive NW and Round Lake Boulevard NW (CSAH 9) /South Coon Creek Drive NW. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 18th day of May 19 99 , 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: c, J.E. McKelvey - May r Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. J 2 2 A- 9 9 A RESOLUTION GRANTING THE VARIANCE REQUEST OF BETH MESTRICH 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 1259153RD AVENUE NW, LEGALLY DESRJBED AS LOT 22, BLOCK 3, CHESTERTON COMMONS. WHEREAS, Beth Mestrich 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 the placement of a deck encroaching three (3) feet into the sideyard setback from the interior lot line on the property located at 1259 153rd Avenue NW, legally described as Lot 22, Block 3, Chesterton Commons. 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 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 hereby approves the variance requested by Beth Mestrich 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 1259 153rd Avenue NW, legally described as Lot 22, Block 3, Chesterton Commons. Adopted by the City Council of the City of Andover on this 1st day of June, 1999. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk YJ. E. McKelvey, May CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R123 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF FOX HOLLOW, AS BEING DEVELOPED BY GOR -EM, LLC, IN SECTION 22- 32 -24. WHEREAS, the City Council approved the preliminary plat of the Development of Fox Hollow ; and WHEREAS, the Developer has presented the final plat of Fox Hollow. 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 Fox Hollow 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 as 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. The developer is utilizing a certified geotechnical engineer to establish the lowest floor elevations based on estimated groundwater level and waiving mottled soil requirements as provided in Ordinance No. 10, Sections 9.06a3 and 4. The GME Consultants report dated February 10, 1999 has been verified per letter from Maximum Technologies dated March 18, 1999. 10. Variance being granted from Ordinance No. 8, Section 6.02 for Lot 9, Block 7 as the lot does not meet the minimum depth requirement of 130'. A 4.6' variance is required. Page Two Resolution - Approving Final Plat Fox Hollow June 1, 1999 11. Variance from Ordinance No. 10, Section 9.05A for Blocks 3 & 4, and Block 6 as the length of these blocks exceed the maximum 1320' requirement as provided in this Section. Variances of 78' and 625' are required respectively. 12. Variance from Ordinance No. 10, Section 9.02C to allow the existing driveway access on Lot 10, Block 2 to remain on Nightingale Street NW. 13. Variance to Ordinance No. 10, Section 9.06F for double frontage lots on Lots 1 -5 and 18 & 19, Block 1. Lots shall not front on Nightingale Street NW nor 155th Lane NW. 14. A bikeway /walkway trail along Hanson Boulevard NW and Nightingale Street NW shall be constructed. Funding shall be a 50/50 cost share between the developer and the City. 15. A bituminous trail shall be constructed between Lot 6, Block 3 and Lot 1, Block 4 from Linnet Street NW to the Oak View Middle School property. The land (20') shall be taken as a part of park dedication and the trail shall be constructed by the City. 16. A bituminous trail shall be constructed between Lot 9, Block 7 and Lot 4, Block 8 from 155th Avenue NW to the trail on Hanson Boulevard NW. The land (20') shall be taken as a part of park dedication and the trail shall be constructed by the City. 17. The street section of 154th Lane NW, Martin Street NW and 155th Avenue NW shall be widened with no parking to accommodate a bikeway. Cost of the widening shall be split 50/50 between the developer and the City. 18. Outstanding items of correction being completed to the satisfaction of the City. 19. 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 1st day of June ,19 99 . CITY OF ANDOVER ATTEST: E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 124 -99 A RESOLUTION DESIGNATING NO PARKING ON BOTH SIDES ON CERTAIN STREETS LOCATED IN FOX HOLLOW DEVELOPMENT. WHEREAS, the City Council approved the bikeway route as part of the preliminary plat at their April 6, 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. 154th Lane NW between Nightingale Street NW and Martin Street NW. 2. Martin Street NW between 154th Lane NW and 155th Avenue NW. 3. 155th Avenue NW between Martin Street NW and the cul -de -sac which is located east of Hummingbird Street NW. Adopted by the City Council of the City of Andover this 1st day of June, 19 99. CITY OF ANDOVER ATTEST: E. McKelvey -Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 125 -99 MOTION by Councilmember Knight 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 -19 FOR SANITARY SEWER & WATERMAIN IN THE FOLLOWING AREA 3580 - 144TH AVENUE NW. WHEREAS, the City Council did on the 18th day of May , 19 99 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 1st day of June , 19 99 ; 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 $ 11.434.46. 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 $ 11,434.46 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a 5 year period. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 1st day of June , 19 99 , with Councilmembers Knight, Johnson, McKelvey, Jacobson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: i �. .E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 126 -99 MOTION by Councilmember Knight 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 -20 FOR WATERMAIN IN THE FOLLOWING AREA 13530 HANSON BOULEVARD NW. WHEREAS, the City Council did on the 18th day of May , 19 99, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 1st day of June , 19 99 ; 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 $ 37.040.00 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 $ 37.040.00 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a 5 year period. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 1st day of June , 19 99 , with Councilmembers Knight, Johnson, McKelvey, Jacobson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST:• , .E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 127 -99 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. 99 -21 FOR PARK SHELTER & BITUMINOUS TRAIL IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the park shelter and bituminous trails; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of park shelter and bituminous trails , Project 99 -21; and BE IT FURTHER RESOLVED by the City Council to hereby direct the Citv Engineer to have the plans and specifications for such improvement project through St. Croix Recreation Co. Inc. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 1st day of June , 19 99 , with Councilmembers Knight Johnson, McKelvey. Jacobson. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 128 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98 -27 FOR FOX HOLLOW. WHEREAS, pursuant to Resolution No. 110 -99 , adopted by the City Council on the 18th day of May , 1999, TKDA has prepared final plans and specifications for Project 98 -27 for Fox Hollow. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1st day of June 19 99. 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 2 19 99 at the Andover City Hall. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 1st day of June , 19 99, with Councilmembers Knight, Johnson, McKelvey. Jacobson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Z k' 11-1 4E. McKelvey - Mayor(/ r Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 129 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF A WELL (OPTION 2), PROJECT NO. 99 -2 FOR HAWKRIDGE PARK. WHEREAS, the City Council is cognizant of the need for a well; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of a well, for Project 99 -2; and BE IT FURTHER RESOLVED by the City Council to hereby direct TKDA to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Johnson and adopted by the City Council at a regular meeting this 1st day of June , 19 99 , with Councilmembers Knight, Johnson, McKelvey, Jacobson, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: • �fI ,. O.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 130 -99 A RESOLUTION APPROVING A CHARITABLE GAMBLING PERMIT FOR THE ANDOVER LIONS CLUB TO CONDUCT A PULLTAB OPERATION DURING THE ANDOVER FAMILY FUN FEST, SATURDAY, JULY 10, 1999, AT 1685 CROSSTOWN BOULEVARD NW, 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 10, 1999 at 1685 Crosstown Boulevard NW. Adopted by the City Council of the City of Andover this 1 st day of June, 1999. CITY OF ANDOVER Attest: j e' " c- E. McKelvey - Mayor L U�'Zb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 131 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND UTILITY CONSTRUCTION OF LANGFELD'S OAKRIDGE ESTATES AS BEING DEVELOPED BY WILLIS W. LANGFELD. WHEREAS, the developer has completed the streets and utilities of Langfeld's Oakridge Estates. WHEREAS, the developer has already provided a 1 year maintenance bond and will expire on October 14, 1999. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby approve the final street and utility construction of Langfeld's Oakridge Estates Adopted by the City Council of the City of Andover this 15th day of June 19 99. CITY OF ANDOVER ATTEST: • � /112G E. McKelvey - Mayor tl Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 132 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF ENTRANCE IMPROVEMENTS PROJECT NO. 98 -7, WINSLOW HILLS -150TH LANE NW. WHEREAS, the property owners 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 5 years, the first of the installments to be payable on or before the 1 st Monday in January, 2000 and shall bear interest at a rate of 6 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 regular meeting this 15th day of June , 19 99 , with Councilmembers Jacobson, Orttel, McKelvey, Knight, Johnson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 49, �- &64 A.E. McKelvey - Mayor c� esi Ci �1�✓ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 133 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 99 -19 , FOR SANITARY SEWER AND WATERMAIN CONSTRUCTION IN THE AREA OF 3580 - 144TH AVENUE NW. WHEREAS, pursuant to Resolution No. 125 -99 , adopted by the City Council on the 1st day of June , 19 99 , the City Engineer has prepared final plans and specifications for Project 99 -19 for 3580 - 144th Avenue NW. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 15th day of June '19 99. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications and authorize the City Engineer to obtain quotes. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 15th day of June , 19 99, with Councilmembers Jacobson, Orttel, McKelvey, Knight, Johnson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' f O.E. McKelvey - Mayor ` a Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 134 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 99 -20 , FOR WATERMAIN CONSTRUCTION IN THE AREA OF 13530 HANSON BOULEVARD NW. WHEREAS, pursuant to Resolution No. 126 -99 , adopted by the City Council on the 1st day of June , 19 99 , the City Engineer has prepared final plans and specifications for Project 99 -20 for 13530 Hanson Boulevard NW. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 15th day of June , 19 99. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications and authorize the City Engineer to obtain quotes. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 15th day of June , 19 99, with Councilmembers Jacobson. Orttel, McKelvey. Knight. Johnson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: , z• -'� e J.E. McKelvey - Mayoi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R135 -99 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF DAVID A PEARSON PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO. 8, SECTION 6.02, MINIMUM LOT REQUIREMENTS AT 2318 UPLANDER DRIVE NW, LOT 5, BLOCK 1, SHADY KNOLL ADDITION (PIN 27- 32- 24 -33- 0009). WHEREAS, David A Pearson has requested a lot split and pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No. 8, Section 6.02, Minimum Lot Size Requirements on property located at 2318 Uplander Dr NW, Lot 5, Block 1, SHADY KNOLL ADDITION legally described as follows: The most northwesterly 24 feet of Lot 5, Block 1, SHADY KNOLL ADDITION, Anoka County, Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40; and WHEREAS, the Planning and Zoning Commission has determined that temporary nature of the variance and undue hardship created by replatting to rearrange property as acceptable hardship criteria as stipulated by 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 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 a covenant be filed to combine the proposed remnant parcel of Lot 5, Block I SHADY KNOLL ADDITION to Lot 4, Block 1, SHADY KNOLL ADDITION so that it cannot be sold separately. Page Two Lot Split \Variance 2318 Uplander Dr NW June 15, 1999 2) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Adopted by the City Council of the City of Andover on this 15th day of June, 1999. CITY OF ANDOVER ATTEST: Victoria Volk, City Clerk JE J. cKelv / /GG . Mey, Ma r CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 136 -99 A RESOLUTION GRANTING THE VARIANCE REQUEST OF GARY AND JULIE LAFINE TO ORDINANCE NO. 8, SECTION 6.02 WHICH REQUIRES A THIRTY (30) FOOT REARYARD SETBACK ON THE PROPERTY LOCATED AT 13364 MARIGOLD COURT WEST, LEGALLY DESCRIBED AS LOT 4, BLOCK 5, WOODLAND TERRACE FOURTH ADDITION. WHEREAS, Gary and Julie LaFine requested a variance to Ordinance No. 8, Section 6.02 to allow a porch to encroach nine (9) feet into the thirty (30) foot rearyard setback on the property located at 13364 Marigold Street West, legally described as Lot 4, Block 5, 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 a hardship exists due to the ;act the single- family home was constructed within close proximity to the rearyard setback, thus not providing the homeowner adequate access for a porch to be constructed. WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and hereby approves the variance requested by Gary and Julie LaFine to Ordinance No. 8, Section 6.02 on the property located at 13364 Marigold Court West, legally described above. Adopted by the City Council of the City of Andover this 15th day of June, 1999. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk VE. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 137 -99 MOTION by Councilmember Jacobson to adopt the following: A RESOLUTION ADOPTING THE REVISED ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STORM SEWER AND STREETS FOR PROJECT 97 -44, SHADOWBROOK 3RD 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 revised 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 2000, 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 regular meeting this 15th day of June , 19 99 , with Councilmembers Jacobson. Orttel, McKelvey, Knight Johnson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' �. .E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 138 -99 A RESOLUTION REQUESTING THE ANOKA COUNTY HIGHWAY DEPARTMENT TO ESTABLISH SCHOOL ZONES AND REDUCE SPEEDS ALONG HANSON BOULEVARD NW (CSAH 78) AT ANDOVER ELEMENTARY AND OAK VIEW MIDDLE SCHOOLS. WHEREAS, the Andover City Council is cognizant of the need to establish school zones and reduce vehicle speeds along Hanson Boulevard NW (CSAH 78) in front of the Andover Elementary School and the Oak View Middle School; and WHEREAS, the number of children walking and /or bicycling to and from the schools is increasing each year and with the development occurring immediately adjacent to and across the street (Hanson Boulevard NW) from the schools the need for speed reduction and school zone awareness increases; and WHEREAS, the principals of Andover Elementary and Oak View Middle School have given their support in establishing a speed limit in the school zones; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to request the Anoka County Highway Department to establish school zones and reduce speed limits along Hanson Boulevard NW (CSAH 78) in front of the Andover Elementary School and Oak View Middle School. Adopted by the City Council of the City of Andover this 15th day of June , 1999. ATTEST: , - f /L" �'4.E. McKelvey - Mayor 1J d�' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 139 -99 MOTION by Councilmember Knight to adopt the following: A RESOLUTION RECEIVING BIDS FOR CHESTERTON COMMONS NORTH (PROJECT 98 -36) CAMBRIDGE ESTATES 2ND ADDITION (PROJECT 98 -33) AND CHESTERTON COMMONS 3RD ADDITION (PROJECT 98 -34) FOR SANITARY SEWER, WATERMAIN, STREETS AND STORM SEWER. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution Nos. 102 -99. 104 -99 & 103 -99 , dated May 4, 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 receive bids. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 15th day of June , 19 99 , with Councilmembers Knight, Orttel, McKelvey, Jacobson. Johnson (absent) voting in favor of the resolution, and Councilmembers none _ voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . L • 1�va "!�� J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 140 -99 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 1 TO PROJECT NO. 97 -49, CHESTERTON COMMONS 2ND ADDITION. WHEREAS, the City of Andover has a contract for Project No. 97 -49 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. MOTION seconded by Councilmember Jacobson and adopted by the City Council at a regular meeting this 15th day of June, 19 99 , with Councilmembers Knight, Orttel, McKelvey, Jacobson. Johnson (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: • Z. &' /S J.E. McKelvey - Mayor Victoria Volk - City Clerk