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HomeMy WebLinkAbout1998 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ROO1-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FOREST LAKE CONTRACTING. INC. FOR PROJECT NO. 95-14 FOR THE IMPROVEMENT OF CROOKED LAKE BLVD. NW. WHEREAS, pursuant to a written contract signed with the City of Andover on June 17 .1997, Forest Lake Contractin~, Inc. 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 Knight and adopted by the City Council at a reoular meeting this 6th day of January, 19~, with Councilmembers Kunza, Knight. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: rÆ t Þ/ú~i7 .E. McKelvey - Mayor lÞ IÚV Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R002-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO OLD IS GOLD. INC. FOR PROJECT NO. 97-38 FOR THE IMPROVEMENT OF 14056 RAVEN STREET NW . WHEREAS, pursuant to a written contract signed with the City of Andover on October 21 .19 97 , Old is Gold. Inc. of Andover. MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this 6th day of January , 19~, with Councilmembers Kunza. Knioht. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ß, t. J?/C-£~7T /J.E. McKelvey - Mayor {L~'..J tf ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R003-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO. 97-50, IN THE 14314 CROSSTOWN BOULEVARD NW. WHEREAS, the City Council has received a petition, dated December 9, 1997 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 Citv Enqineer 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 reqular meeting this 6th day of January, 19 98, with Councilmembers Kunza. Knight. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j), f mvJ(~ 7 J.E. McKelvey - Mayor ~t0; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R004-98 MOTION by Councilmember Kunza 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 97-50. FOR SANITARY SEWER AND WATERMAIN IN THE FOLLOWING AREA 14314 CROSSTOWN BOULEVARD NW. WHEREAS, the City Council did on the 6th day of January, 19 98 order the preparation of a feasibility study for the improvements; and WHEREAS, such a feasibility study was prepared by the City Enqineer and presented to the Council on the 6th day of January, 19 .Jlli..; 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 $ 8.422.20 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 $ 8.422.20, waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a.....L year period. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this -º1L day of January , 19 98 , with Councilmembers Kunza, Kniqht. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ;- ~ me- 4J.7 J.E. McKelvey - Mayor ~ ¡J~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ROO5-98 A RESOLUTION ESTABLISHING 1998 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 wlo Lights $15 Fee per hour (Private Use) $75 Fee per day Field wlLights $20 Fee per hour (Private Use) $100 Fee per day Miscellaneous Youth Leagues $ 0 per team, per season Miscellaneous Adult Leagues $50 per team, per season including practices plus a $10 additional non- resident fee per player Rental of Equipment for Tournament Limer $ 3.00 per tournament Lime $ 3.50 per bag Drag $ 1.50 per tournament Hose and nozzle $ 1.50 per tournament Batter's Box $ 1.50 per tournament Weekend Tournaments $150.00 per field with!lQ maintenance $300.00 per field with maintenance Rink Without Lights (Adults) $25 (Fee per day) Rink With Lights (Adults) $12 (Fee per hour) Adopted by the City Council of the City of Andover this 6th day of January, 1998. CITY OF ANDOVER ATTEST: Ji ~ »l0)(;~ ~ tldb ~. E. McKelvey Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 006-98 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, &om time to time, able to pay the City of Andover interest rates on deposits which are greater than can be obtained &om the official depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's official depository for 1998 is the Anoka office ofNorwest Bank Minnesota, N.A. BE IT FURTHER RESOLVED that Norwest Investment Services Inc.; the Minnesota Municipal Money Market Fund; Firstar Trust Co. of Minnesota; FBS Investment Services Inc.; Juran and Moody, Division of Miller, Johnson and Kuehn, Inc.; Prudential Securities, Inc,; Dain Bosworth Inc.; Dean Witter Reynolds Inc.; Piper Jaf&ay Inc.; Smith Barney Shearson Inc.; Paine Webber Inc.; and Investment Emporium in conjunction with Royal Alliance Associates, Inc. be designated as additional depositories for 1998 for investment and cash management purposes only, BE IT STILL FURTHER RESOLVED that the Treasurer of the City of Andover is hereby designated as the approval authority for the release and acceptance of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. Adopted by the Andover City Council on the 6th day of January, 1998. CITY OF ANDOVER ATTEST: [}. {. M,--,¡¿j¿~ ¡;í.{. E. McKelvey - Mayor ¡JÁ-dM-/ d¿L/ Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R007-98 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER FROM C, COMMERCIAL TO RU, RESIDENTIAL URBAN SINGLE F AM1L Y WHEREAS, Randi Erickson has petitioned the City of Andover for an amendment to Ordinance 8, Section 6.03, (rezoning) that is inconsistent with the Comprehensive Plan. WHEREAS, Minnesota State Statute Chapter 473.858 stipulates that the zoning ordinance must be consistent with the comprehensive plan. WHEREAS, an amendment to the Comprehensive Plan is necessary to allow for the proposed rezoning to R-4, Single Family Urban Zoning District WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1) Change the land use district designation rrom C, Commercial to RU, Residential - Urban Single Family on 1.0 acres legally described as follows: That pan of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the Sonth line of said South Half 550 feet West of the Southeast Comer thereof; thence North at right angles 360 feet; thence West parallel with said South line 506.20 feet; thence on a tangent curve concave to the Northeast having a radius of 445.51 feet and having a delta angle of30 degrees 09 minutes 234.46 feet; thence Northwesterly at right angles to the centerline ofCSAH No. 18 and tangent to said curve 65.36 feet to point of beginning; thence continuing Northwesterly along last described line 294 feet to said centerline of CSAH No. 18; thence Southwesterly along said centerline 185 feet; thence Southeasterly at right angles to said centerline 295.93 feet; thence northeasterly parallel with said centerline 185 feet to point of beginning; subject to easements of record. Adopted by the City Council of the City of Andover on tms 6th day of January, 1998. CITY OF ANDOVER . {J1k ATTEST: .E. McKelvey, Mayo ti~ dØ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R008-98 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING TO VACATE DRAINAGE AND UTILITY EASEMENTS IN THE VICINITY OF THE "ROUND BARN" SITE LOCATED AT 3331 BUNKER LAKE BOULEVARD NW. WHEREAS, Presbyterian Homes Housing and Assisted Living has requested to vacate all drainage and utility easements on the foIlowing legally described parcels in the vicinity of the "Round Barn" site at 3331 Bunker Lake Boulevard NW: Lot I, Block 3, WOODLAND CREEK (pIN 32-32-24-14-0016) Lot 2, Block 3, WOODLAND CREEK (pIN 32-32-24-14-0017) Lot 3, Block 3, WOODLAND CREEK (pIN 32-32-24-14-0018) Lot 4, Block 3, WOODLAND CREEK (pIN 32-32-24-14-0019) Lot 5, Block 3, WOODLAND CREEK (pIN 32-32-24-14-0020) 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 with the foIlowing condition: 1) That drainage and utility easements be dedicated to the City during the replatting of the above described property. 2) Confirmation that vacated areas are absent of all utilities. Adopted by the City Council of the City of Andover on this 6th day of January, 1998. CITY OF ANDOVER .E~ Æ~~'!~ ATTEST í f 11;t:~ ¡j~ Victoria Volk, City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R009 -98 MOTION by Councilmember o rtte I to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF THE FARMSTEAD ,AS BEING DEVELOPED BY PRESBYTERIAN HOMES AND ASSISTED LIVING, INC., IN SECTION 32-32-24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of the Development of The Farmstead ; and WHEREAS, the Developer has presented the final plat of The Farmstead; 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 The Farmstead 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 shall escrow for the uncompleted grading of the site, relating to City maintained improvements, as 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, if and where applicable, to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements. 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 Bunker Lake Boulevard NW. Developer shall pay 50% of the cost and the City shall pay 50% of the cost. 10. Dedication of right-of-way for Bunker Lake Boulevard NW (Co. RD. No. 116) as required by the Anoka Co. Hwy. Dept. 11. Comments on memo dated December 24, 1997 from Scott Erickson City Engineer and Todd Haas, Assistant City Engineer shall be addressed. 12. All other outstanding comments from the City shall be addressed. 13. Contingent on staff review and approval for compliance with City ordinances, polices & guidelines. 14. Contingent on the vacation of all existing easements. Page Two Resolution Final Plat - The Farmstead January 6, 1998 Adopted by the City Council of the City of Andover this -º1!:L day of January , 19..illL. CITY OF ANDOVER ATTEST: ' ~, }J/c-Jr~L tÚ~¡!ß .E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R010-98 MOTION by Councilmember Kniqht adopt the following: A RESOLUTION APPROVING CHANGE ORDER #----1- TO PROJECT NO. 95-12, WELL #6 WHEREAS, the City of Andover has a contract for Project No. 95-12 with E.H. Renner & Sons, Inc. of Elk River, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 95-12. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 20th day of January , 19~, with Councilmembers Kniqht. Kunza, Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: g,. !~el~vM1:o~ ¡' IILb !l~;/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R011-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO E.H. RENNER & SONS, INC. FOR PROJECT NO. 95-12 FOR THE IMPROVEMENT OF WELL #6 . WHEREAS, pursuant to a written contract signed with the City of Andover on Auaust 5 , 19 97, E.H. 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 Kunza and adopted by the City Council at a regular meeting this 20th day of January , 19~, with Councilmembers Knight. Kunza, Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: 1, l M&~ £tv. ~.E. McKelvey - Mayor ~ Victoria Volk - City Clerk I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R012-9B MOTION by Councilmember Knight adopt the following: A RESOLUTION APPROVING CHANGEORDER #-.L TO PROJECT NO. 97-7 CROWN POINTE EAST 2ND ADDITION -, WHEREAS, the City of Andover has a contract for Project No. 97-7 with Inland Utilitv Construction, Inc. of St. Michael. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 97-7. MOTION seconded by Council member Kunza and adopted by the City Council at a regular meeting this 20th day of January , 19~, with Councilmembers Knight. Kunza, Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: 4, { }n~ J(elry a.E. McKelvey - Mayor Ú¿J d& Victoria Volk - City Clerk I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R013-98 A RESOLUTION AUTHORIZING THE ANOKA COUNTY SHERIFF'S DEPARTMENT TO PERFORM DRIVER'S LICENSE CHECKS FOR ANDOVER On: EMPLOYEES. WHEREAS, certain employees of the City of Andover are required to operate city owned vehicles and personal vehicles for city business; and WHEREAS, those employees must possess a valid driver's license. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Anoka County Sheriff's Department to perform driver's license checks on those employees required to operate city owned vehicles and personal vehicles for city business, Adopted by the City Council of the City of Andover this 20th day of January, 1998. CITY OF ANDOVER Attest: a, {In,~~ Ii. E. McKelvey - Mayor ¡[,;t;A;' / dLú Victoria Volk - City Clerk I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Res. No. R014-98 A RESOLUTION AMENDING RESOLUTION NO. 309-97 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 1998: Type of Fee Fee Plat Fees Plat Escrow Deposit Urban Lot $150.00 Rural Lot $500.00 Annual Income Level for Special Senior $20,706.00 Not to Exceed Citizens Deferral of Special Assessments and Reduced Sanitary Sewer Rates Adopted by the City Council of the City of Andover this 20th day of January, 1998. Attest: CITY OF ANDOVER ~d:& Victoria Volk - City Clerk I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R015-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-1- TO PROJECT NO. 96-15. PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with St. Paul Linoleum & Carpet. Inc. of Eaqan. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 20th day of January, 19--ªª-, with Councilmembers Knight. Kunza, Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~, )//l/ .E. McKelvey - Mayor ,J~~ Victoria Volk - City Clerk I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R016-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #í TO PROJECT NO. 96-15. PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Maertens Brennv Construction Co. of Minneacolis. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 20th day of January, 19 98 , with Counci/members Knight. Kunza. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: L~~ jffi Victoria Volk - City Clerk I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R017-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #2. TO PROJECT NO. 96-15, PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with American Structural Metals of Huqo. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Kunza and adopted by the City Council at a reqular meeting this 20th day of January , 19 98 , with Councilmembers Knight. Kunza, Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: !t~ ¡JvÆ/ Victoria Volk - City Clerk I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R018-98 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 1 TO PROJECT NO. 96-15, PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Listul Corporation of Ramsey. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 20th day of January , 19 98 , with Councilmembers Knioht. Kunza, Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~d$ Victoria Volk - City Clerk I \ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Res. No. R019-98 A RESOLUTION SETTING RATES FOR PERMITS, CONNECTION FEES, SERVICES AND WATER USAGE PURSUANT TO ORDINANCE NO. 55, SECTION 3 AND RESOLUTION 101-81. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: SECTION 1. WATER PERMIT FEES REF. ORDINANCE 55 1. Service/Connection $50.00 Section 21 and 22 2. Tapping Main 30.00 Section 9 3. Disconnection/Reconnection Requests 20.00 Section 12 4. HVAC 15.00 Section 20 5. Underground Sprinklers 15.00 6. Re-inspection (all) 25.00 SECTION 2. SERVICE CHARGES 1. Testing o to 6" meters Cost plus 25% 2. Violation P Shut-off (7:00 am-3:00 pm) $50.00 Shut-off (after hours) $75.00 SECTION 3. WATER METER CHARGES 1. 3/4" Meter (Short lay length) $150.00 2. 5/8" Meter 125.00 3. 1" Meter 300.00 4. 1-1/2" Meter 500.00 5. 2" Meter 700.00 6. Special Sizes Cost plus 25% handling 7. Laterals $30.00/F.F. (estimate) SECTION 4. UNIT CONNECTION CHARGES 1. Residential $1,275.00 per unit 2. Non-Residential, per REC $660.00 per unit or $6,660.00 whichever is higher SECTION 5. WATER AREA CHARGES 1. Residential and Commercial $1,171.00 per acre I I SECTION 6. USAGE CHARGES 1. Water: Billed Quarterly $7.30 .98 per 1,000 for 1st 10,000 gal. 1.01 per 1,000 for 10,001 through 20,000 1.05 per 1,000 for 20,001 through 35,000 1.12 per 1,000 for 35,001 through 60,000 1.20 per 1,000 for 60,001 through 100,000 1.35 per 1,000 for 100,001 through 200,000 1.60 per 1,000 for 200,001 and above Minimum per quarter 8.30 Penalty/Late Payment 10% 2. Sewer Area A $31.50 per quarter Area B 43.50 per quarter PenaltylLate Payment 10% SECTION 7. SANITARY SEWER RATES 1. Sewer Area Charge $1,104.00 2. Sewer Connection Fee (Commercial Connection Fee Rate=1 Connection Fee for each SAC Unit) $300.00 3. Laterals 30.00 4. Hookup Permit Fee (Sewer) 40.00 plus surcharge 5. Sewer Availability Charge (Metro) $1,000.00 6. Plumbing (Homeowner contracts for) SECTION 8. EFFECTIVE DATE The rate charges as shown shall be effective January 1, 1998. Adopted by the City Council of the City of Andover this 20th day of Januarv. 1998. Attest: CITY OF ANDOVER k ; /J; v~ Ó$ Victoria Volk - City Clerk I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R020-98 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREET LIGHTING, PROJECT NO. 97-48 FOR ROSELLA'S ADDITION WHEREAS, pursuant to the required published and mailed notice, a public hearing was held on the 20th day of Januarv, 19 98: and WHEREAS, all persons desiring to be heard were given such opportunity for same, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 97-48, street lighting in Rosel/a's Addition with the costs of same to be billed on the normal quarterly utility billing. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 20th day of January , 1998 , with Councilmembers Knight. Kunza, Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: O. ~.M(~l~ ~Ódt ø.E. McKelvey - Mayo Victoria Volk - City Clerk I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R021-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 96-16, 14220 CROSSTOWN BOULEVARD NW. WHEREAS, Resolution No. 258-97 of the City Council adopted on the 11th day of November, 19 97 ,fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 20th day of January , 19 -.lliL; 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. 96-16 MOTION seconded by Councilmember Kunza and adopted by the City Council at a reqular meeting this 20th day of January ,19..illL, with Councilmembers Kniqht. Kunza, Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . ( mC/ i;/;;A:"" iL& Victoria Volk - City Clerk I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R02 I A-::98 A RESOLUTION AMENDING RES. NO. R242-96 ACKNOWLEDGING EXPIRATION OF THE AMENDED SPECIAL USE PERMIT OF SUPER AMERICA, INC. FOR THE INSTALLATION OF A 1,000 GALLON PROPANE TANK PURSUANT TO ORDINANCE NO.8, SECTION 4.26 ON PROPERTY LOCATED AT 13727 HANSON BOULEVARD NW (pIN 35-32-24-23-0005). WHEREAS, The City Council of the City of Andover approved Res. No. 242-96, on November 6, 1996, granting an amended special use permit (ASUP 96-16) for the installation ofa 1,000 gallon liquid propane for Super America, Inc. at 13727 Hanson Boulevard NW, legally described as follows: That part of the Southwest Quarter of the Northwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota, lying south ofthe north 600.00 feet as measured at right angles to the north line thereof and lying west of the east 778.00 feet as measured at right angles to the east line thereof, except the west 150.00 feet thereof, also except roads; Subject to easements of record. WHEREAS, Ordinance 8, Section 5.03(d) states that "if the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the special use permit, the permit will be null and void."; and WHEREAS, Super America, Inc. has stated it will not install said propane tanks at said location. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby acknowledges expiration of said amended special use permit and considers the permit null and void. Adopted by the City Council of the City of Andover on this 3rd day ofFebruarv. 1998. CITY OF ANDOVER ATTEST: ~tfþ Victoria Volk, City Clerk I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R022-98 A RESOLUTION AMENDING RES. NO. R003-97 ACKNOWLEDGING EXPIRATION OF THE AMENDED SPECIAL USE PERMIT OF RUSSELL SHOBERG TO CONDUCT AUTOMOBILE DETAILING PURSUANT TO ORDINANCE NO.8, SECTION 7.03 ON PROPERTY OWNED BY JAMES E. RUNKE LOCATED AT 13476 HANSON BOULEV ARP NW (pIN 34-32-24-44-0007). WHEREAS, The City Council of the City of Audover approved Res. No. 003-97, on January 7, 1997, granting an amended special use permit (ASUP 96-25) to conduct automobile detailing on property owned by James E. Runke for Russell Shoberg located at 13476 Hanson Boulevard NW, legally described as follows: The East 268 feet of Lot 12, WATTS GARPEN ACRES ADDITION, except road, subject to easements of record. WHEREAS, Ordinance 8, Section 5.03(d) states that "if the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the special use permit, the permit will be null and void."; and WHEREAS, The City Council of the City of Audover has determined that no siglÚficant progress has been made in the first twelve (12) months after approval. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Audover hereby acknowledges expiration of said amended special use permit and considers the permit null and void. Adopted by the City Council of the City of Audover on this 3rd day ofFebruarv, 1998. CITY OF ANDOVER ATTEST: ~á/Þ Victoria V olk, City Clerk I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 023-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-L TO PROJECT NO. 96-15. PUBLIC WORKS EXPANSION. WHEREAS. the City of Andover has a contract for Project No. 96-15 with Gatewav/ACG. Inc. of St. Paul. MN . NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 3rd day of February , 19~, with Counci/members Kunza. Dehn. McKelvev, Knioht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: 2, t. ?JJ&~~ tð.E. McKelvey - Mayor ~/$ Victoria Volk - City Clerk I I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 024-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...1. TO PROJECT NO. 96-15, PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Grazzini Brothers of Bloominoton. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 3rd day of February, 19 98 , with Councilmembers Kunza, Dehn. McKelvey. Knioht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: . t M",J: .E. McKelvey - Mayor ~ ( >-' fi;/P Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 025-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98-3 FOR THE CRACKSEALlNG 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 Cracksealinq Improvements, Project 98-3; and BE IT FURTHER RESOLVED by the City Council to hereby direct the.....Qj1y Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 3rd day of February . 19~, with Councilmembers Kunza. Dehn. McKelvey, Knight. Orttel voting in fayor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: g. ç;, JJ1r, ~* tLb ¡j¿µ (JE. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 026-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98-3 ,FOR CRACKSEALlNG . WHEREAS, pursuant to Resolution No, 025-98 , adopted by the City Council on the 3rd day of February ,19 98, City Engineer has prepared final plans and specifications for Project 98-3 for Cracksealing . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 3rd day of February ,19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, Thursday, March 5 . 19..mL.at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 3rd day of February , 1998, with Councilmembers Kunza. Dehn. McKelvev, Kniqht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . t Jt7v4. ~ drib Victoria Volk - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98-4 FOR THE SEALCOATING 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 Sealcoating Improvements, Project 98-4; and BE IT FURTHER RESOLVED by the City Council to hereby direct the--ºi!ï Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Council member Dehn and adopted by the City Council at a regular meeting this 3rd day of February ,19~, with Councilmembers Kunza. Dehn. McKelvev. Kniqht. Orttel voting in favor of the resolution. and Councilmembers none voting against. whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' f Me-A/ . E. McKelvey - Mayor iL~ dæ Victoria Volk - City Clerk I , - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 028-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98-4 ,FOR SEALCOATING . WHEREAS, pursuant to Resolution No. 027-98 , adopted by the City Council on the 3rd day of February ,19 98, City Enqineer has prepared final plans and specifications for Project 98-4 for Sealcoating . WHEREAS, such final plans and specifications were presented to the City Council for their review on the ~ day of February ,19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:30 AM, Thursdav, March 5 , 19-ªª--at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this 3rd day of February , 19 98 , with Councilmembers Kunza, Dehn, McKelvev. Kniqht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . ¿, l b;r~~4 ; .E. McKelvey - Mayor ¡[¿~ ad Victoria Volk - City Clerk - . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 029-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING SUPPLEMENTAL FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-44 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA SHADOWBROOK 3RD ADDITION . WHEREAS, the City Council did on the 2nd day of December. 1997, 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 3rd day of February, 19~; 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 $ 638.911.39 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 $ 638.911.39 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby require the developer to escrow for the sum of $ 82.000.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 3rd day of February ,19~, with Councilmembers Kunza, Dehn, McKelvev. Kniqht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¿ t. M;(Lµ ~. . J.E, McKelvey - Mayor (7t' d·· . ¡);r/L/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 030-98 MOTION by Councilmember Kunza 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 93-17. CROWN POINTE. 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 $395,849.68 , and the expenses incurred or to be incurred in the making of such improvement amountto $ 109.473.62 & 11.450.00 and work previously done amount to $81.276,97 so that the total cost of the improvement will be $598,050.27 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 22.338.34 the amount to be assessed against benefited property owners is declared to be $ 575,711.93 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 1Q years. The first of the installments to be payable on or before the 15th day of April 1998, and shall bear interest at the rate of ª 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 Dehn and adopted by the City Council at a regular meeting this 3rd day of February , 19~, with Councilmembers Kunza. Dehn, McKelvev. Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß t þ¡, J:4 ~(/¿, ßE. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 93-17. CROWN POINTE. 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 1998, and shall bear interest at the rate of ª 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 Dehn and adopted by the City Council at a regular meeting this 3rd day of February , 19~, with Councilmembers Kunza, Dehn, McKelvev, Kniqht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 4 t );J" ~fz; tfE. McKelvey - Mayor . i;iÜ/ IÚú Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032-98 MOTION by Council member Kunza 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 92-19. WEYBRIDGE 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 $203,563.67 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 58.641.98 and work previously done amount to $147,097.31 so that the total cost of the improvement will be $ 409,302.96 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 $ 3,709.67 the amount to be assessed against benefited property owners is declared to be $ 405,593.29 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 1Q years. The first of the installments to be payable on or before the 15th day of April 1998, and shall bear interest at the rate of Z 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 Dehn and adopted by the City Council at a regular meeting this 3rd day of February , 19~, with Councilmembers Kunza, Dehn. McKelvev, Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: rl' {. JJ¡& Jd~ { . E. McKelvey - Mayor ¿{L;~ ð;ø Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 033-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 92-19, WEYBRIDGE 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 1Q years. The first of the installments to be payable on or before the 15th day of April 1998, and shall bear interest at the rate of Z 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 Dehn and adopted by the City Council at a regular meeting this 3rd day of February , 19~, with Councilmembers Kunza. Dehn. McKelvev. Kniqht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¿ M£el:::~d:fo-!¿ i;;¡~ !ÚV Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Res. No. 035-98 A RESOLUTION AMENDING RESOLUTION NO. 019-98 SETTING RATES FOR PERMITS, CONNECTION FEES, SERVICES AND WATER USAGE PURSUANT TO ORDINANCE NO. 55, SECTION 3 AND RESOLUTION 101-81. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following fees are hereby established for year 1998: SECTION 4. UNIT CONNECTION CHARGES 2. Non-Residential, per REC $637.50 per unit or $6,375.00 per acre, whichever is higher Adopted by the City Council of the City of Andover this 17th day of February, 1998. Attest: CITY OF ANDOVER {¿, [, Þtr- ¡(~ .E. McKelvey - Mayor ú- d,¿ú . ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 036-98 MOTION by Councilmember Knight 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 95-26. SHADOWBROOK (PHASE i). 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 $1.476.761.62, and the expenses incurred or to be incurred in the making of such improvement amount to $ 375,673.27 and work previously done amount to $500.420.01 so that the total cost of the improvement will be $2.352,854.90. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be .$ 143,122.07 the amount to be assessed against benefited property owners is declared to be $ 2,209,732.83. 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 1998, 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 Kunza and adopted by the City Council at a reqular meeting this 17th day of February, 19~, with Councilmembers Knight. Kunza, McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~' ~, h1C/)( ~ .E. McKelvey - Mayor i~ i/ú Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 037-98 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 95-26, SHADOWBROOK (PHASE I). WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 1Q years. The first of the installments to be payable on or before the 15th day of April 1998, 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 Kunza and adopted by the City Council at a regular meeting this 17th day of February , 19~, with Councilmembers Knight. Kunza, McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: rh. £Kel~~ M~~ ¡[Z;~ ¡f.ø Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 038-98 MOTION by Councilmember Knight 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 96-30, CHERRYWOOD ESTATES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $228,015.42 ,and the expenses incurred or to be incurred in the making of such improvement amount to $ 88,902.84 and work previously done amount to $87.971.13 so that the total cost of the improvement will be $404.889.39 . 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 $ 8,140.63 the amount to be assessed against benefited property owners is declared to be $396,748.76 . 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 1Q years. The first of the installments to be payable on or before the 15th day of April 1998, 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 Kunza and adopted by the City Council at a reqular meeting this 17th day of February, 19~, with Councilmembers Knight. Kunza, McKelvev, Dehn. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f). t Irk ~~ Cð.E. McKelvey - Mayor tLt,;~ Úú Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 039-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 96-30. CHERRYWOOD ESTATES. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed· improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 1Q years. The first of the installments to be payable on or before the 15th day of April 1998, 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 Kunza and adopted by the City Council at a reqular meeting this 17th day of February, 19~, with Councilmembers Knight. Kunza, McKelvev, Dehn. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ii {. Þß/ ~~ ¿ð,E. McKelvey - Mayor iL:~ ¡f,¿b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R040-98 A RESOLUTION DENYING THE AMENDED SPECIAL USE PERMIT REQUEST OF GREG LEE TO ALLOW USED VEIllCLE SALES AT THE ANDOVER COLLISION CENTER, 2384 136TH AVENUE NW, LOT 1, BLOCK 2, ANDOVER COMMERCIAL PARK (PIN 34-32-24-32-0013). WHEREAS, Greg Lee, has requested to amend special use permit SUP 96-24 to allow used vehicle sales at the Andover Collision Center, 2384 136th Avenue NW, Legally described as Lot 1, Block 2, ANDOVER COMMERCIAL PARK; and WHEREAS, the Planning and Zoning Commission's motion to approve the request failed on a 2-Yes,4-No, 1 Absent vote. WHEREAS, the Planning and Zoning Commission has determined that said request would over intensifY the use of the property; and WHEREAS, the Planning and Zoning Commission finds the request contradicts the policy of the City to keep vehicles out of public view after business hours in that area; and WHEREAS, a pllblic hearing was held and there was written opposition to the request; and WHEREAS, the Planning and Zoning Commission by lack of a majority vote in favor of the request recouunends to the City Council denial of the Amended Special Use Permit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recouunendation of the Planning and Zoning Commission and denies s the Amended Special Use Permit on said property. Adopted by the City Council of the City of Andover on this 17th day ofFebruarv, 1998. CITY OF ANDOVER ATTEST: d~~ dv/V Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. 041-98 A RESOLUTION ESTABLISHING 1998 USER FEES FOR THE USE OF FIELDS AND HOCKEY RINKS WITHIN THE CITY OF ANDOVER. The City Councit 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 Piay $ 0 per team, per season $ 0 additional, per player, non-resident fee Note: Includes the use of fields for both iighted and non-lighted. Field wlo Lights $15 Fee per hour (Private Use) $75 Fee per day Field wlLights $20 Fee per hour (Private Use) $100 Fee per day Miscellaneous Youth Leagues $ 0 per team, per season Miscellaneous Adult Leagues $50 per team, per season inciuding practices plus a $10 additional non- resident fee per player Rental of Equipment for Tournament Limer $ 3.00 per tournament Lime $ 3.50 per bag Drag $ 1.50 per tournament Hose and nozzle $ 1.50 per tournament Batter's Box $ 1.50 per tournament Weekend Tournaments (No Maintenance) $200 tournament fee for the park, plus $150 per field (With Maintenance) $500 tournament fee for the park, plus $150 per field Rink Without Lights (Adults) $25 (Fee per day) Rink With Lights (Adults) $12 (Fee per hour) Adopted by the City Council of the City of Andover this 17th day of February, 1998. CITY OF ANDOVER ATTEST: t. £!;~/{L~ Ú~1£!ú Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 042-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98-1 FOR REMODEL OLD CITY HALL. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 108-97 ,dated Mav 20, 1997, bids were received, opened and tabulated according to law with results as follows: Crosstown Masonry $82,432.00 M.G. Magney Construction $109,200.00 Maertens Brenny $151,200.00 Kellington Construction $168,000.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Crosstown Masonry as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Crosstown Masonry in the amount of $82.432.00 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 Knight and adopted by the City Council at a regular meeting this 4th day of March , 19-ªª--, with Councilmembers Dehn, Knight. McKelvev, Orttel, Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ý. £. J/Jc-ké~ Ú~ (¿7-- Ø.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 043-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #--1.. TO PROJECT NO. 96-15, PUBLIC WORKS EXPANSION FOR PROJECT NO. 98-1. REMODEL OLD CITY HALL.. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Crosstown Masonry of Ham Lake, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Knight and adopted by the City Council at a reqular meeting this 4th day of March ,19~, with Councilmembers Dehn, Kniqht. McKelvev. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ß t. m<- J(L7 ú:'E. McKelvey - Mayor j;t;~ ¡J~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 044-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-.£ TO PROJECT NO. 96-15. PUBLIC WORKS EXPANSION. WHEREAS. the City of Andover has a contract for Project No. 96-15 with Gorham Oien Mechanical of Mora, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this 4th day of March ,19~, with Councilmembers Dehn, Kniqht. McKelvev, Orttel. Kunza (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: () f:. hk- ~i~7 ß E. McKelvey - Mayor ( U-~ á-t!ú Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045-98 MOTION by Council member McKelvev to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF A STORM DRAINAGE . PROJECT NO. 98-8, IN THE 2776 - 164TH AVENUE 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: 2776 - 164th Avenue 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 Citv Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 4th day of March, 19 98, with Councilmembers Dehn, Knight. McKelvev, Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Y [. hJ~ l\h aE. McKelvey - Mayor ll~ ;//L/ Victoria Volk - City Clerk COUNTY OF ANOf<A STATE OF MINNESOTA RES. NO. R046-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF ECHO HILLS SECOND ADDITION, AS BEING DEVELOPED BY ROBERT_& PHYLLIS HELlKER AND VIVIAN & JOSEPH MEYER, IN SECTION 8-32-24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of Echo Hills Second Addition ; and WHEREAS, the Developer has presented the final plat of Echo Hills 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 Echo Hills SeGond 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 Anoka E!ectric Cooperative. Costs to be determined by Anoka Electric Cooperative. 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 8, Section 6.02 for a lot width variance of sixty (60') feet on Lot 1, Block 1. 10. Variance from Ordinance No.8. Section 5.04 for the accessory structures being located closer than sixty (60') feet from the front lot line on Lots 2 & 3, Block 1. A twenty (20') foot variance is requested. 11.Additional easement being dedicated to the City for the temporary cul-de-sac on 168th Avenue NW. Adopted by the City Council of the City of Andover this -1Ztb..... day of March 19 ---ªª-. CITY OF ANDOVER ATTEST: ¿'M~e:~{0; ~~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 047-98 A RESOLUTION APPROVING A VARIANCE TO ALLOW MORE THAN ONE (I) PRINCIPAL STRUCTURE ON ONE (I) PARCEL OF LAND AND TO ALLOW FOR THE NEW CONSTRUCTION OF A PRINCIPAL STRUCTURE TO ENCROACH NINE (9) FEET INTO THE REQUIRED ONE HUNDRED AND TEN FOOT (I 10) FOOT SETBACK FROM THE CENTERLINE OF COUNTY ROAD NO. 58 (I 77TH AVENUE NW) ON THE PROPERTY LOCATED AT 12 I 77TH AVENUE NW, LEGALLY DESCRIBED AS UNPLA TIED CITY OF ANODVER, THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION I, TOWNSHIP 32, RANGE 24. ANOKA COUNTY, MINNESOTA. SUBJECT TO AN EASEMENT FOR ROAD PURPOSES OVER THE NORTH 33 FEET NOW AND THE WEST 33 FEET IF AND WHEN A ROAD WOULD BE BUILT. WHEREAS, Kent and Kelli Allen requested a variance to Ordinance No.8, Section 4.04 which requires that no more than one (I) principal structure shall be located on a residential lot and Ordinance No.8, Sections 4.15 and 6.02 which requires principal structures to be setback a minimum of one hundred and ten (110) feet from the centerline of County Road No. 58 (l77th Avenue NW). WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that the said request meets the criteria of Ordinance No.8, Section 5.04 in that a hardship exists due to the difficulties which would preclude the property owner reasonable use. WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of th~ variance request. NOW, THERFORE. 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 request of Kent and Kelli Allen to have two (2) principal structures on the same parcel of land and to allow for the construction of a new principal structure that will encroach nine (9) feet into the required one hundred ten (I 10) foot setback from the centerline of County Road No. 58 (177th A venue NW) on the property located at 12 1 77th Avenue NW, legally described above. BE IT FURTHER RESOLVED that such approval is contingent upon the demolition and removal of the existing principal structure which will occur no later than one (I) year after the building pennit is issued for the new principal structure. Adopted by the City Council of the City of Andover on this 17th day of March, 1998. ATTEST: CITY OF ANDOVER ~ ¡/~ Victoria V oll<, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 048-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98-3 FOR 1998 CRACK SEALING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 026-98 ,dated February 3,1998, bids were received, opened and tabulated according to law with results as follows: Northwest Asphalt Maintenance, Inc. $69,115.00 Seal Kote, Inc. $71,173.50 Astech Asphalt Surface Technologies Corp. $71,300.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Northwest Asphalt Maintenance, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Northwest Asphalt Maintenance. Inc. in the amount of $69,115.00 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 Knight and adopted by the City Council at a regular meeting this 17th day of March ,19~, with Councilmembers Kunza, Knight. McKelvev, Dehn, Orttel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ç. ~. J»&A:l~ dL ¿Y.E. McKelvey - Mayor i£t? Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 049-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-46 ,FOR WELL #6 WELLHOUSE DESIGN. WHEREAS, pursuant to Resolution No. 302-97 ,adopted by the City Council on the 2nd day of December,19----ªL, TKDA has prepared final plans and specifications for Project 97-46 for Well #6 Well house Desiqn. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 17th day of March ,19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, April 16 , 19 98 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 17th day of March , 19 98 , with Councilmembers Kunza. Kniqht. McKelvev. Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ill: )pv~~ ¿/,f. E. McKelvey - Mayor ~I~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 050-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97- 10A FOR THE BUNKER LAKE BOULEVARD (NORTH SIDE OF ROAD) EAST OF HANSON BOULEVARD TO CRANE STREET NW, FORA BIKEWAYIWALKWAY TRAIL. WHEREAS, the City Council is cognizant of the need for the BikewaylWalkway Trail; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Bunker Lake Boulevard (North Side Of Road) East Of Hanson Boulevard To Crane Street NW. for a BikewavlWalkway Trail, Project 97-10A; and BE IT FURTHER RESOLVED by the City Council to hereby direct the--ºh' 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 17th day of March ,19~, with Councilmembers Kunza. Kniqht. McKelvev. Dehn. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¿.!~el~~!~ k d¿? Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 051-98 MOTION by Councilmember Kunza 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 97-7, CROWN POINTE EAST 2ND ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $344,948.35 ,and the expenses incurred or to be incurred in the making of such improvement amount to $ 116.498.22 and work previously done amount to $167,707.55 so that the total cost of the improvement will be $629,154.12. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 5,113.96 the amount to be assessed against benefited property owners is declared to be $ 624,040.16 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 1999, 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 17th day of March , 19~, with Councilmembers Kunza, Kniqht. McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ç. ç: mt.~~ aE. McKelvey - Mayor ,£~ Ó~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 052-98 MOTION by Council member Kunza to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 97-7. CROWN POINTE EAST 2ND ADDITION. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest. extending over a period of 1Q years. The first of the installments to be payable on or before the 15th day of April 1999, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this 17th day of March , 19~. with Councilmembers Kunza, Knight. McKelvey, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /f:', 5c'Kef!; M~~ /L;¿;~ d& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MI1\'NESOTA RES. NO. R053-98 A RESOLUTION GRANTING THE V ACA TION OF EASEMENT REQlJEST OF BUNKER LLC TO VACATE AN EASEMENT FOR ROAD PURPOSES KNOWN AS BUTTER.1'\!UT STREET NW LOCATED SOUTH OF COON CREEK IN SECTION 25. WHEREAS, Bunker LLC has requested to vacate an easemcnt for road purposes known as Butternut Street NW lying south of Coon Creek in Section 25, legally described as follows: The West 2 rods of the West Half of the East Half of the East Half of the Southeast Quarter lying south of the centerline of Coon Creek (County Ditch No, 57) in Section 25, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the City Council finds the request would not have a detrimcntal 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 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation ofthe easement as requested with the following conditions: Adopted by the City Council ofthe City of Andover on this ¡ 7th day of March . 1998. CITY OF ANDOVER ./ '"--fj) (). f Þ1 '- j( ~of /A.tT~ST:~- /._ / l. g(Ë. McKelvey, Mayof ~~~~¡2 -~JÛ?:1)-1:::0- . Ri~atê1 Fursman, Deputy City Clerk \ I OOUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 054-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT OF .SHADOWBROOK THIRD ADDITION, AS BEING DEVELOPED BY BUNKER. LLC, IN SECTION 25 & 36-32-24. WHEREAS, the City Council approved the preliminary plat of the Planned Unit Development of Shadowbrook ; and WHEREAS, the Developer has presented the final plat of Shadowbrook Third Addition. WHEREAS, the City Engineer has reviewed slJch 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 Shadow brook 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 installatian costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determineå 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 Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, lGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. 9. Variance from Ordinance 10, Section 9.06 a3 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. 10. Variances be granted from Ordinance No.8, Section 6.02 for a ten (10') foot variance to the 35 foot front yard setback for Lots 8-29, Block 2 & Lots 4-28, Block 3. Page Two Resolution - Approving Final Plat Shadowbrook Third Addition March 17, 1998 11. Variances from Ordinance 10, Section 9.02 C due to the number of streets that will meet the definition of a collector street. This section of the ordinance states that preliminary plats shall be approved wherein lots front on the right - of-way of collector streets. 12.Variances from Ordinance No.8, Section 6.02 from the minimum lot requirements of area, width, depth, and rear and side yard setbacks for Lots 2-33A, Block 2 and Lots 4-29, Block 3. . 13. The dedication of a sixty (60') foot easement for street and utility purposes and an escrow being received for the cost of extending the street to the east from Alder Street NW to the City of Ham Lake corporate boundary in the area of Lot 23, Block 3. Adopted by the City Council of the City of Andover this 17th day of March ,19_98 . CITY OF ANDOVER ATTEST: .{¥~~ ~ Úb :J.E. McKelvey - Mayo · Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 055-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING THE SUPPLEMENT TO THE SUPPLEMENTAL FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-44 FOR - SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA SHADOWBROOK 3RD ADDITION . WHEREAS, the City Council did on the 2nd day of December. 19 97 , 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 3rd day of February , 19~; 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 $ 638.911.39 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 $ 638,911.39 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. BE IT FURTHER RESOLVED by the City Council to hereby require the developer to escrow for the sum of $ 82.000.00 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 reqular meeting this 17th day of March ,19~, with Councilmembers Kunza, Kniqht. McKelvev. Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J ( M.-~ ~¡j¿ tÝJ.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 056-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-44 , IN THE AREA OF SHADOWBROOK 3RD ADDITION FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to Resolution No. 029-98, adopted by the City Council on the 3rd day of February , 19~, and Resolution No. 055-98, adopted by the City Council on the 17th day of March ,19~,_ TKDA has prepared final plans and specifications for Project 97-44 for sanitary sewer. watermain street and storm sewer. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 17th day of March ,19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM , Aoril15 ,19 98 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 17th day of March , 19 98 , with Councilmembers Kunza, Knight. McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . £ Þlv~ .E. McKelvey - Mayor d~ tU-" Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 057-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STORM DRAINAGE, PROJECT NO. 98-8 IN THE 2776 - 164TH AVENUE NW AREA. WHEREAS, pursuant to Resolution No. 045-98, adopted the 4th day of March, 1998 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 March, 1998; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated cost of $1 0.4 79.95 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. 98-8, for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $1 0.479.95 3. A public hearing shall be held on such proposed improvement on the 7th day of April , 1998 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 Knight and adopted by the City Council at a reqular meeting this 17th day of March ,19~, with Councilmembers Kunza, Kniqht. McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß·{ )J¡v~ 0.E. McKelvey - Mayor i~~ t£-Ip Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R058-98 A RESOLUTION GRANTING THE VARIANCE REQUEST OF CONTRACTOR PROPERTY DEVELOPERS COMPANY TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A THIRTY (30) FOOT REAR YARD SETBACK FOR A PRINCIPAL STRUCTURE AND TO ALLOW FOR THE CONSTRUCTION AND PLACEMENT OF A PRINCIPAL STRUCTURE TO ENCROACH 7.23 FEET INTO THE REQUIRED REAR YARD SETBACK ON THE PROPERTY LOCATED AT 14187 DRAKE STREETNW, LEGALLY DESCRIBED AS LOT 18, BLOCK 4, FOXBERRY FARMS. WHEREAS, Contractor Property Developers Company requested a variance to Ordinance No.8, Section 6.02 which requires a thirty foot rear yard setback for a principal structure and to allow for the construction and p]acement of a principal structure to encroach 7.23 feet into the required rear yard setback on the property located at 14187 Drake Street NW, legally described as Lot 18, Block 4, Foxberry Farms. WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that the request meets the criteria of Ordinance No.8, Section 5.04 in that a hardship exists due to the following difficulties which would preclude the property owner reasonable use of the property: I. The configuration of the lot is unusual. 2. The lot depth does not meet the requirements as stated in Ordinance No. 8, Section 6.02. WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request as it meets the criteria of Ordinance No.8, Section 5.04. NOW, THEREFORE, BE IT RESOLVED that the City Councìl of the City of Andover hereby agrees with the recommendation ofthe Planning and Zoning Commission and hereby approves the variance request of Contractor Property Developers Company to aHow for the placement of a principal structure to encroach 7.23 feet into the required rear yard setback on the property located at 14187 Drake Street NW, legally described as Lot 18, Block 4, Foxberry Fanns. Adopted by the City Council of the City of Andover on this 7th day of April, 1998. ATTEST: CITY OF ANDOVER ~ J¿ ,f. Ìill-~ , Victoria Volk, City Clerk . E. McKelvey, Mayor CITY OF ANbOVËR COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R059-98 A RESOLUTION GRANTING THE VARIANCE REQUEST OF CONTRACTOR PROPERTY DEVELOPERS COMPANY TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A THIRTY (30) FOOT REAR YARD SETBACK FOR A PRINCIPAL STRUCTURE AND TO ALLOW FOR THE CONSTRUCTION AND PLACEMENT OF A PRINCIPAL STRUCTURE TO ENCROACH 7.22 FEET INTO THE REQUIRED REAR YARD SETBACK ON THE PROPERTY LOCATED AT 14190 DRAKE STREETNW, LEGALLY DESCRIBED AS LOT 15, BLOCK 4, FOXBERRY FARMS. WHEREAS, Contractor Property Developers Company requested a variance to Ordinance No.8, Section 6.02 which requires a thirty foot rear yard setback for a principal structure and to allow for the construction and placement of a principal structure to encroach 7.22 feet into the required rear yard setback on the propeIty located at 14190 Drake Street NW, legally described as Lot IS, Block 4, Foxberry Farms. WHEREAS, the Planning and Zoning Commission has reviewed the request and has . determined that the request meets the criteria of Ordinance No.8, Section 5.04 in that a hardship exists due to the following difficulties which would preclude the property owner reasonable use ofthe property: 1. The configuration of the lot is unusual. 2. The lot depth does not meet the requirements as stated in Ordinance No. 8, Section 6.02. WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request as it meets the criteria of Ordinance No.8, Section 5.04. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and hereby approves the variance request of Contractor Property Developers Company to allow for the placement of a principal structure to encroach 7.22 feet into the required rear yard setback on the property located at 14190 Drake Street NW, legally described as Lot 15, Block 4, Foxberry Farms. Adopted by the City Council of the City of Andover on this 7th day of April, 1998. ATTEST: CITY OF ANDOVER /fz;:~ 1/..// ¡if (/ Victoria Volk, City Clerk . E, McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 060-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-34 FOR THE HILLS OF BUNKER LAKE EAST KELSEY-ROUND LAKE PARK. OAK BLUFF, RED OAKS WEST, NORTHWOODS EAST, HIDDEN CREEK NORTH AND CROOKED LAKE BOAT LANDING FOR PARKING LOT AND FIELD IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the Parking Lot and Field Improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Hills of Bunker Lake East. Kelsev-Round Lake Park, Oak Bluff, Red Oaks West. Northwoods East. Hidden Creek North and Crooked Lake Boat Landing for parking lot and field improvements, Project 97-34; and BE IT FURTHER RESOLVED by the City Council to hereby direct the-ºilY Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this....11b..- day of April ,19~. with Councilmembers Kunza, Knight. McKelvev, Dehn, Orttel voting in favor of the resolution, and Counci/members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . ~ )?,;£A:: k~ d./¿r Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 061-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-34 ,IN THE AREA OF HILLS OF BUNKER LAKE EAST, KELSEY-ROUND LAKE PARK OAK BLUFF, RED OAKS WEST, NORTHWOODS EAST, HIDDEN CREEK NORTH, CROOKED LAKE BOAT LANDING FOR PARKING LOT AND FIELD IMPROVEMENTS. WHEREAS, pursuant to Resolution No. 060-98, adopted by the City Council on the 7th day of April . 19---.lliL, the City Enqineer has prepared final plans and specifications for Project 97-34 for parkinq lot and field improvements. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7th day of April ,19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, April 28 ,19 98 at the Andover City Hall. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this 7th day of April , 19 98 , with Councilmembers Kunza, Kniqht. McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: P f J/kJ{~ ¿:(E. McKelvey - Mayor i~L /Úb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 062-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION AWARDING THE QUOTE FOR THE IMPROVEMENT OF PROJECT NO. 94-33H ,MOM'S SALVAGE YARD DEMOLITION. WHEREAS, quotes were received, opened and tabulated with results as follows: Herbst & Sons Cons!. Co., Inc. $7,500.00 Black Beard Trucking & Container Service Inc. $12,000.00 Sauter & Sons Inc. $17,500.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the quote as shown to indicate Herbst & Sons Const. Co.. Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Herbst & Sons Const. Co.. Inc. in the amount of $7,500.00 . MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this 7th day of April , 19 -ªª--, with Councilmembers Kunza, Knight. McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ýr¿. øc-{~ Ú~ ?(E. McKelvey - Mayor (/dV Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 063-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98-4 FOR 1998 SEAL COATING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 028-98 ,dated February 3, 1998, bids were received, opened and tabulated according to law with results as follows: Allied Blacktop $147,593.97 Astech Asphalt Surface Tech. Corp. $148,782.43 Bituminous Roadways $159,879.52 Caldwell Asphalt Co. $198,363.07 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Allied Blacktop as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Allied Blacktop in the amount of $147,593.97 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 7th day of April , 19JZ.!L, with Councilmembers Kunza, Knight. McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: d~~ tlH0 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 064-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION AWARDING THE QUOTE FOR THE IMPROVEMENT OF PROJECT NO. 96-15 , PUBLIC WORKS EXPANSION FOR A PRIVACY FENCE. WHEREAS, quotes were received, opened and tabulated with results as follows: North Star Fence, Inc. $9,050.00 Ed's Fence Co. $9,335.00 Town & Country Fence $9,900.00 Sentry Fence $11,670.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the quote as shown to indicate North Star Fence, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with North Star Fence, Inc. in the amount of $9.050.00 for construction of the improvement. MOTION seconded by Councilmember Knight and adopted by the City Council at a reqular meeting this 7th day of April ,19~, with Councilmembers Kunza, Knight. McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f ç /7lc-~ I:;é;~ á~ AE. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R065-98 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF THE CITY OF ANDOVER TO ERECT A BARBED WIRE SECURITY ARM ATOP A SIX (6') FOOT HIGH FENCE PER ORDINANCE NO.8, SECTION 4.2l(E) ON THE PROPERTY OWNED BY THE CITY AT 13576 JAY STREET NW, LEGALLY DESCRIBED BELOW. WHEREAS, The City of Andover has requested a Special Use Pennit to erect a barbed wire security ann atop a six (6') foot high chain link fence per Ordinance No.8, Section 4.2l(E) on the property located at 13576 Jay Street NW, legally described as follows: Lot/Tract 3, Watt's Garden Acres and The South 10.00 feet of Lot/Tract 2, Watt's Garden Acres and The North 10.00 feet of Lot/Tract 4, Watt's Garden Acres and The East 20.00 feet ofthe South 666,00 feet of the Northeast Quarter of the Southwest Quarter of Section 34, Township 32, Range 24, Anoka County, Minnesota. Except the south 3 I 8.00 feet of the East 20.00 feet of the Northeast Quarter of the Southwest Quarter of said Section 34; and WHEREAS, the City Council has found the need to provide security through the use of fencing with barbed wire to secure the automotive related inventory stored on site; and Page Two SUP - Barbed Wire Security Ann 13576 Jay Street NW City of Andover April 7, 1998 WHEREAS, the City Council has reviewed said request and determined said request meets the requirements of Ordinance No, 8, Sections 4.2l(E); and WHEREAS, The City Council finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the Special Use Permit as requested 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 Special Use Permit shall be subject to annual review by staff. Adopted by the City Council of the City of Andover on this_ 7th day of April .1998. CITY OF ANDOVER ß l Mv-ff!b ATTEST AE. McKelvey, Mayo Ú~J~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R066-98 A RESOLUTION APPROVING THE LOT SPLIT REQUEST OF THOMAS AND SHAREEN JOHNSON PURSUANT TO ORDINANCE NO. 40 ON PROPERTY LOCATED AT 17203 TULIP STREET NW (PIN 08-32-24-12-0014). WHEREAS, Thomas and Shareen Johnson, have requested to split the northern and eastern +/- 7.9 acres from a 10.5 acre parcel located at 17203 Tulip Street NW, legally described as follows: That part of the North 694 feet of the Northwest Quarter of the Northeast Quarter of Section 8, Township 32N, Range 24W, Anoka County, Minnesota lying southerly of the north 330 feet thereof except the south 34 feet of the north 364 feet of the west 660 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 does not meet the criteria of Ordinance No. 40; and WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the lot split as requested; and WHEREAS, a private roadway easement and all homes accessing said easement have existed prior to the adoption of the zoning ordinance. WHEREAS, the City Council has reviewed said request and has determined that said road easement should be recognized to meet the minimum lot requirements of Ordinance 8, Section 6.02 for the parcel with the existing home. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the lot split on said property with the following conditions: 1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Page Two LS 97-08, Johnson 17203 Tulíp NW April 7, 1998 2. That the applícant pay a park dedication fee pursuant to Ordinance No.1 0, Section 9.07.10 in the amount of four hundred ($400.00) dollars. 3. That the applícant provide a copy ofthe property survey to the City of Andover. 4. That the applicant obtain all necessary building permits. Adopted by the City Council of the City of Andover on this 7th day of April, 1998. CITY OF ANDOVER ,{ )J(' ATTEST: jL~~J {/~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R067-98 A RESOLUTION GRANTING THE VARIANCE REQUEST OF LYLE JOHNSON FOR THE CONSTRUCTION OF AN ATTACHED GARAGE THAT WILL ENCROACH 8.33 FEET INTO THE REQUIRED TEN (10) FOOT SIDE YARD SETBACK AND ORDINANCE NO.8, SECTION 4.03 - NON-CONFORMINING USES, ON THE PROPERTY LOCATED AT 206 ANDOVER BOULEVARD NW, LEGALLY DESCRIBED AS THAT PART OF nrn WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA DESCRIBED AS FOLLOWS: Commencing at the northeast corner of the Northwest Quarter of the Southeast Quarter of said section: thence west along the north line of said Northwest Quarter of the Southeast Quarter of said section, 107 feet; thence south and parallel with the east line of the West Half of the Southeast Quarter of said section to the north shore of Coon Creek; thence easterly along the north shore of Coon Creek to the west line of the West Half of the Southeast Quarter of said section; thence north along the east line of said section to the point of beginning; Also known as part of Lot 2 and Lot 3, Auditor's Subdivision Number 141, according to the recorded plat thereof, and situate in Anoka County, Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that the 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 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 hereby approves the variance request of Lyle JohDson tor the construction of an attached garage that will encroach 8.33 feet into the side yard setback on the property located at 206 Andover Boulevard NW, legally described above. Adopted by the City Council of the City of Andover on this 7th day of April, 1998. ATTEST: CITY OF ANDOVER l{~J /4./ . r /Il c.J1. Victoria Yolk, City Clerk CITY OF ANDOVEI<: COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 068-98 A RESOLUTION DECLARING A FEMALE ALASKAN MALAMUTE OWNED BY KEN AND KATHY KOBS, 16738 TULIP STREET NW, ANDOVER AS A "BITING DOG". WHEREAS, an Alaskan Malamute owned by Ken and Kathy Kobs, 16738 Tulip Street NW, Andover has been allowed to run at large and bark frequently; and WHEREAS, as a result of the dog being allowed to run at large it has caused serious injuries to other dogs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby declare a female Alaskan Malamute owned by Ken and Kathy Kobs, 16738 Tulip Street NW as a "Biting Dog". BE IT FURTHER RESOLVED that the City Clerk shall mail by certified mail to Ken and Kathy Kobs a copy of this resolution. BE IT STILL FURTHER RESOLVED that upon receipt of any additional reports that the dog has·attacked or attempted to attack another anima! or person, the dog will be declared a nuisance and will be required to be removed from the city permanently or humanely destroyed. Adopted by the City Council of the City of Andover this 7tI} day of April , 1998. CITY OF ANDOVER Attest: &( Þ¡~!l:~ .-- . E. McKelvey - Mayor ¡f~ !æ ¡) Victoria V olk - City Clerk "'" " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 069-98 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMA/N, STORM SEWER AND STREETS FOR PROJECT 97-6. SHADOWBROOK 2ND ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $635,923.23 ,and the expenses incurred or to be incurred in the making of such improvement amount to $ 208,076.83 (includes $17,600.00 for seal coat) and work previously done amount to $ 236,687.50 so that the total cost of the improvement will be $ 1 ,080,687.56, 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 $ 27,928.08 the amount to be assessed against benefited property owners is declared to be $1.052,759.48. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 1Q years. The first of the installments to be payable on or before the 15th day of April 1999, 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 Kunza and adopted by the City Council at a regular meeting this 7th day of April , 19~, with Councilmembers Kunza, Knight. McKelvev. Dehn. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: "Ç:JøG- £/¡;./.. ) ¡J,;/þ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 070-98 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 97-6. SHADOWBROOK 2ND ADDITION. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 1Q years. The first of the installments to be payable on or before the 15th day of April 1999, 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 Kunza and adopted by the City Council at a reqular meeting this 7th day of April , 19~, with Councilmembers Kunza, Knight. McKelvev. Dehn. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß ~ »/c.-/!L7 t1.E. McKelvey - Mayor LL,) ¡/;-/L/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 071-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-44 FOR SHADOWBROOK 3RD ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 056-98 , dated March 17 , 1998, bids were received, opened and tabulated according to law with results as follows: Latour Construction, Inc. $377,421.95 Nodland Construction Co., Inc. $399,196.35 Volk Sewer & Water, Inc. $410,711.30 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 $377.421.95 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Dehn and adopted by the City Council at a regular meeting this 21st day of April , 19 jliL, with Councilmembers Kniqht. Dehn, McKelvev, Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (). ~. }¡) v J(;~7 ~t.~ ¿I.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION AWARDING THE QUOTE FOR THE IMPROVEMENT OF LIGHTING, PROJECT NO. 94-30 ,CITY HALL. WHEREAS, quotes were received, opened and tabulated with results as follows: Reliance Electric, Inc. $2,149.00 Industrial Electric Co. $2,850.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the quote as shown to indicate Reliance Electric, 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 Reliance Electric, Inc. in the amount of $2,149.00 MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 21st day of April , 19.illL, with Councilmembers Kniqht. Dehn, McKelvev, Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fl ff, }/)t:-~),;r ~ UE. McKelvey - May r ¿I~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 073-98 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 94- 33B, COMMERCIAL BOULEVARD NW EXTENSION CONTAMINATED SOIL AND DEBRIS REMOVAL (PART 1). WHEREAS, the City of Andover has a contract for Project No. 94-338 with Belair Excavating of New Briohton, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-33B. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 21st day of April , 19~, with Councilmembers Kniqht. Dehn, McKelvev, Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: O. {. mc.-~ ¿?f.E. McKelvey - Mayo ~ ftlb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 074-98 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-43 ,IN THE AREA OF CROSSTOWN BOULEVARD NW. HANSON BOULEVARD NW & HILLS OF BUNKER LAKE 1-4 ADDITIONS FOR TRAIL IMPROVEMENTS. WHEREAS, pursuant to Resolution No. 274-97, adopted by the City Council on the 18th day of November , 19~, the Citv Enqineer has prepared final plans and specifications for Project 97-43 for trail improvements. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 21st day of April ,19 98. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, Mav 18 ,19 98 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 21st day of April , 19 98 , with Councilmembers Knight. Dehn, McKelvev, Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j. f'. l1Ie-I1LJ ?rE. McKelvey - Mayor! l1-~ dg, Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 075-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 96-15. PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Julian M. Johnson Construction of Anoka, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 21st day of April ,19~, with Councilmembers Knight. Dehn, McKelvev. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (j t ~_~~~ ß.E. McKelvey - Mayor IU~ Jø-Ib Victoria Volk - City Clerk ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 076-98 MOTION by Councilmember Dehn 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 97-26. HAMIL TON SQUARE. 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 $315.417.94 ,and the expenses incurred or to be incurred in the making of such improvement amount to $ 97.408.58 (includes $4.900.00 for sealcoat\ and work previously done amount to $ 59.028.23 and $18,850.00 to be allocated to future storm sewer improvements so that the total cost of the improvement will be $490.704,75 , 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 $ 18,361.08 the amount to be assessed against benefited property owners is declared to be $472,343.67 . 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 1999, and shall bear interest at the rate of 6 _ percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection, 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 21st day of ..8QrìL, 19~, with Councilmembers Kniqht. Dehn. McKelvev, Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: f· t. )¡fC/r~7 a.E. McKelvey - Mayor ~dÞ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 077-98 MOTION by Council member Dehn to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 97-26, HAMIL TON SQUARE. 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 1999, 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 reqular meeting this 21st day of April , 19~, with Councilmembers Knight. Dehn, McKelvev, Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ?J ~ JlJC/~ ~ øE. McKelvey - May Ó~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 078-98 MOTION by Council member Orttel to adopt the following: A RESOLUTION ACCEPTING THE FEASIBILITY STUDY FOR THE IMPROVEMENT OF PROJECT NO. 97-26A FOR STORM WATER IN THE FOLLOWING AREA HAMIL TON SQUARE. WHEREAS, the City Council did on the 4th day of March 19J1li.., order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the Citv Enqineer and presented to the Council on the 7th day of April , 19 -.Jlli..; and WHEREAS, the City Council has reviewed the feasibility study. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this 21st day of April , 19~, with Councilmembers Kniqht. McKelvev. Dehn. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . ~ m~l;:¡ Lt-~ 1# .E, McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 079-98 MOTION by Councilmember o rtte I 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. 97-49 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA CHESTERTON COMMONS 2ND ADDITION . WHEREAS, the City Council did on the 16th day of December, 19 97 , 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 21st day of April, 19~; 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 $ 1,128.400.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 1,128.400.00 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 $ 169,000.00 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 21st day of April . 19~, with Councilmembers Orttel. Knight. McKelvev. Dehn. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j. r. #Je-J6.J-" J ILz~ d~ /J.E. McKelvey - Mayor? Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R080-98 MOTION by Council member Orttel to adopt the following: A RESOLUTION AWARDING THE QUOTE FOR REMOVAL AND DISPOSAL OF DEBRIS, CONCRETE AND ASPHALT, PROJECT 94-33H. WHEREAS, Herbst & Sons Construction, Inc, has submitted a quote in the amount of $5,600; and WHEREAS, Herbst & Sons Construction, Inc. is currently under contract with the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the quote as shown to Herbst & Sons Construction, Inc. MOTION seconded by Council member _ Dehn and adopted by the City Council at a reqular meeting this 21st day of April, 1998, with Council- members Dehn. McKelvev, Kniqht. Orttel, Kunza (absent) voting in favor of the resolution, and Councilmembers _ none__ voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: Ii ( Jøv )f~ ;,¡. E. McKelvey - Mayor iLL, (/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 081-98 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 97-8. CHESTERTON COMMONS. 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 $735.856.42 ,and the expenses incurred or to be incurred in the making of such improvement amount to $ 229,854.77 (which includes $15.536.43 for seal coat and $7,633.60 for future street and utilitv extensions) and work previously done amount to $180.916.75 so that the total cost of the improvement will be $1,146,627.94 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 $ 123,359.18 the amount to be assessed against benefited property owners is declared to be $ 1.023.268.80. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of.1Q years. The first of the installments to be payable on or before the 15th day of April 1999, and shall bear interest at the rate of 6 percent per annum from the date of the adoption ofthe 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 Dehn and adopted by the City Council at a reqular meeting this 21st day of April, 19~, with Councilmembers Knight. Dehn, McKelvev, Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Þ f, M~ J(d~ .0.E. McKelvey - Mayor rh~ dI'ú Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 082-98 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 97-8. CHESTERTON COMMONS. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 1Q years. The first of the installments to be payable on or before the 15th day of April 1999, 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 Dehn and adopted by the City Council at a reqular meeting this 21st day of April, 19~, with Councilmembers Knight. Dehn, McKelvev. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: O. rl, /Jlt- ~ i~ tI~ f.E. McKelvey - Mayo Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 083-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-34 FOR VARIOUS CITY PARK PARKING LOT AND FIELD IMPROVEMENTS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 061-98 , dated April 7 ,1998, bids were received, opened and tabulated according to law with results as follows: Valley Paving $112,957.50 Expert Asphalt Inc. $114,767.50 WB Miller, Inc. $128,697.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Vallev Pavinq as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Vallev Pavinq in the amount of $112,957.50 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 5th day of Mav , 19 -ªª-, with Councilmembers Kunza, Dehn, McKelvev, Kniqht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (j, 1, me- I(Ji~ tð.E. McKelvey - Mayor L~t1db Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084-98 MOTION by Council member Kunza to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-46 FOR WELL #6 WELLHOUSE DESIGN. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 049-98 , dated March 17 , 1998, bids were received, opened and tabulated according to law with results as follows: Municipal Builders Inc. $397,600.00 Great Western Corporation $418,849.00 En Conn Midwest, LLC $419,339.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Municipal Builders 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 Municipal Builders Inc. in the amount of $397,600.00 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 Dehn and adopted by the City Council at a regular meeting this 5th day of Mav , 19~, with Councilmembers Kunza, Dehn, McKelvev, Kniqht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: U~ d.¿b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 085-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION AWARDING THE QUOTE FOR THE IMPROVEMENT OF TEST WELL/WELL #7, PROJECT NO. 97-12 WHEREAS, quotes were received, opened and tabulated with results as follows: E. H. Renner & Sons, Inc. $16,665.00 Bergerson - Caswell Inc. $29,060.00 Keys Well Drilling Co. $36,710.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the quote as shown to indicate E. H. Renner & Sons, 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 E. H. Renner & Sons, Inc. in the amount of $16,665.00 MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 5th day of Mav , 19.illL, with Councilmembers Kunza, Dehn, McKelvev, Kniqht. Orttel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Q.{mv!l~ ~ ßE. McKelvey - Mayor tl/h Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 086-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 96-15. PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Maertens Brennv Construction Co. of Mpls, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 5th day of Mav , 19~. with Councilmembers Kunza. Dehn, McKelvev. Kniqht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: U~ 1fJ£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 087-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-.£ TO PROJECT NO. 96-15, PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Crosstown Masonry Inc. of Ham Lake, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 5th day of Mav , 19~, with Councilmembers Kunza, Dehn, McKelvev. Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: v .E. McKelvey - Mayor .lL~ áLt . Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 088-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-Î- TO PROJECT NO. 96-15, PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Wasche Commercial Finishes of Ham Lake. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 5th day of Mav , 19~, with Councilmembers Kunza. Dehn, McKelvev. Kniqht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ÚM/ ¡f,¿¿. Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 089-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 96-15, PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Gorham Oien Mechanical of Mora, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 5th day of Mav , 19~, with Councilmembers Kunza. Dehn. McKelvev, Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: t:.- .E. McKelvey - Mayor ~Iø Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R090-98 A RESOLUTION AMENDING RES. NO, R3l 0-97 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 1998: TVDe of Fee Fee Rezoning Mailing Labels $25.00 Special Use Permit Mailing Labels $25.00 Preliminary Plat Mailing Labels $25.00 Comprehensive Plan Amendment Mailing Labels $25.00 Lot Split Mailing Labels $25.00 Vacation of Easement $150.00 Mailing Labels $25.00 Adopted by the City Council of the City of Andover on this 5th day of Mav, 1998. CITY OF ANDOVER ATTEST: ß { JJl(;4(~ (/.f.E, McKelvey, May tLt-~ d~ Victoria Volk, City Clerk CITY OF ANDOVER COlJNTY OF ANOKA STATE OF MINNESOTA RES. NO R09l-98 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF CAMBRIDGE ESTATES BY CAMBRIDGE CAPITAL. INC. LOCATED IN SECTIONS 14 & 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 comments were favorable; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the plat citing the following: 1. A variance from Ordinance 10, Section 9.06AI for Lots 6 & 8, Block 2, Lots 1 & 2, Block 5, Lots 3-5, Block 7, Lot 6, Block 8, Lots 7-9, Block 6 as they do not meet the 100' buildability requirement. Lot 2, Block 7 to be combined with Lot 1, Block 7. 2. A variance from Ordinance 10, Section 9.01D to allow Outlot A. The o','mership of Outlot A to remain with the developer. Outlot B to be added to adjacent parcel. 3. A variance from 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 street exceeds 210' for 155th A venue NW, Crane Street NW and Drake Street NW. 4. A variance from Ordinance No.8, Section 6.02, for Lot 7, Block 3, minimum lot depth requirement (variance of 5'). 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. The developer shall have 30 days from the date the Council approves the preliminary plat to apply for the Special Use Permit for the area identification sign. Page Two Resolution Preliminary Plat - Cambridge Estates May 5, 1998 9. No grading shall commence until the City Council approves and the City Engineer signs the Grading, Drainage and Erosion Control Plan, and a preconstruction meeting on the project has been held. 10. Variance to Ordinance No. 10, Section 9.03(0) for Eagle Street NW exceeding the maximum 500' cul-de-sac length by 24.6 feet. 11. Variance to Ordinance No. 10, Section 9.06F for double frontage lots on Lots 9-12, Block 2. 12. The trail along Hanson Boulevard NW shall be funded with a 50/50 cost share between the developer and the City. 13. The plat will not be developed fully until the plats to the south and north are developed. Adopted by the City Council of the City of Andover this 5th day of May , 19....2L. CITY OF ANDOVER ATTEST: t&tl.?7; . ~tUb ,E. McKelvey, Mayor Victoria Volk, City Clerk [ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 092-98 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN, STREET AND STORM SEWER , PROJECT NO. 98-9, IN THE CAMBRIDGE ESTATES 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. Escrow amount for feasibility report is $1.000 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 Dehn and adopted by the City Council at a regular meeting this 5th day of ~, 19 98, with Councilmembers Kunza, Dehn, McKelvev, Kniqht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: i;¡;~ Iitb Victoria Volk - City Clerk , - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 093-9~ A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF BUNKER LLC, INe. TO ALLOW FOR THE INSTALLATION OF TWO (2) AREA IDENTIFICATION SIGN PURSUANT TO ORDINANCE NO.8, SECTION 8.07 ON· THE PROPERTIES LOCATED AT LOT 29, BLOCK 3 AND LOT 33A, BLOCK 2 SHADOWBROOK THIRD SUBDIVISION. WHEREAS, Bunker LLC, Inc. has requested a Special Use Permit to allow for the installation of two (2) area identification sign pursuant to Ordinance No.8, Section ~.Oì(D)(2)(h) on the properties located at Lot 29, Block 3 and Lot 33A, Block 2 Shadowbrook Third Addition. 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 Plarming and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and VlHEREAS, 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. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendatior. of the Planning and Zoning Commission and approves the Special Use Permit on said properties \\<ith the following conditions: l. The Special Use Pe¡mit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5,03(D). 2. The Special Use Permit shall be subject to annual review by staff. 3. The applicant shall execute a written agreement for the maintenance ofthe signs. 4. The signs shall be placed at least ten (10) or more feet from any property line. Page Two Resolution 5, The applicant shall receive Sign Permit approval prior to the installation of the . signs. Adopted by the City Council of the City of Andover on this 19th day ofMav, 1998. ATTEST: CITY OF ANDOVER lz;~ t!./L/ .C /¡¡þ~ Victoria Volk, City Clerk . E. McKelvey, Mayor ( CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R 094-98 A RESOLUTION AMENDING RES. NO. R, 1 0-97 SETTING FEES FOR PERMITS, REZONING, SPECIAL USE PERMITS, VARIANCES, PLATTING, LICENSE FEES, LOT SPLITS, RENTAL FEES A...·ND V ARlOUS OTHER FEES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following fees are established for remainder of year 1998: TVDe of fee Fee Rezoning $250.00 Adopted by the City Council of the City of Andover on this 19th day of .Mav. 1998. CITY OF ANDOVER , ~. ÞJv J(~ lE. Mckelvey, Mayor ~ drlL Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 095-98 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 96-15, PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Crosstown Masonry, Inc, of Ham Lake, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 19th day of Mav ,19~, with Councilmembers Orttel. Kunza. McKelvev, Kniqht. Dehn (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Ý ( )¡¡&Z~ /<f.E. McKelvey - Mayor ¡~ ¿J¡/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 096-98 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 94- 33C, COMMERCIAL BOULEVARD NW EXTENSION CONTAMINATED SOIL AND DEBRIS REMOVAL (PART 2). WHEREAS, the City of Andover has a contract for Project No, 94-33C with Superior Special Services, Inc. of Fond Du Lac. WI. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-33C. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 19th day of Mav , 19~. with Councilmembers Orttel. Kunza, McKelvev, Kniqht. Dehn (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~ f M( ~£'!'Y ;ã.E. McKelvey ~ Mayor L~ á-IV Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 097-98 MOTION by Councilmember Kniqht 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 97-7, LOT 16. BLOCK 4, CROWN POINTE EAST 2ND ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 116.498.27 so that the total cost of the improvement willbe$ 629.154.12 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 $ 5.113.96 the amount to be assessed against benefited property owners is declared to be $ 624,040.16. 2. Assessments shall be payable in equal annual installments extending over a period of J.Q... years. The first of the installments to be payable on or before the 1st Monday in January 1999 , and shall bear interest at the rate of ---º----- percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against Lot 16, Block 4 of Crown Pointe East 2nd Addition, 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 Kunza and adopted by the City Council at a regular meeting this 19th day of Mav ,19~, with Councilmembers Orttel. Kunza, McKelvev, Knight. Dehn (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß. t Þ;/k;~ ~jÆ/ ß.E. McKelvey'- Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 098-98 MOTION by Council member Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER AND STREETS PROJECT NO. 97-7, LOT 16, BLOCK 4. CROWN POINTE EAST 2ND ADDITION. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2, Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1st Monday in January, 19---ª-ª- 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 Kunza and adopted by the City Council at a regular meeting this 19th day of Mav ,19~, with Councilmembers Orttel. Kunza. McKelvev, Knight. Dehn (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Y. f J/l~,r:L /' iÉf-~ t!~ ß,E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R099-98 MOTION by Council member McKelvev to adopt the following: A RESOLUTION DENYING THE FINAL PLAT OF THE DEVELOPMENT OF CHESTERTON COMMONS SECOND ADDITION ,AS BEING PROPOSED 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby deny the final plat of Chesterton Commons Second . Addition for the following reason: 1. The City has not received the drainage easements necessary to continue with the City's drainage plan. Adopted by the City Council of the City of Andover this 19th day of Mav 19-ªª--. CITY OF ANDOVER ATTEST: .. {þ/v ¡{i:J:'./ ¡f./L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.1 00-98 MOTION by Councilmember Orttel adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY FOR THE IMPROVEMENT OF PROJECT NO. 98-9 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA CAMBRIDGE ESTATES. WHEREAS, the City Council did on the 5th day of Mav, 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 19th day of Mav, 19~; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 664,950.00 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 $ 664,950.00 MOTION seconded by Councilmember Kunza and adopted by the City Council at a reqular meeting this 19th day of Mav ,19~, with Councilmembers Orttel. Kunza, McKelvev, Knight. Dehn (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Il/.: JJt~~~ ~fÚV ,/.f.E. McKelvey - Mayo Victoria Volk - City Clerk ,," CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 101-98 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION AWARDING THE QUOTE FOR THE IMPROVEMENT OF FOUNDATION REMOVAL/WANDERSEE ADDITION, PROJECT NO. 98-10. WHEREAS, quotes were received, opened and tabulated with results as follows: Old Is Gold Construction $3,500.00 Sauter & Sons, Inc. $3,800.00 Herbst & Sons Const. Co. Inc. $4,800.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the quote as shown to indicate Old Is Gold 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 Old Is Gold Construction in the amount of $3,500.00 MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 19th day of Mav ,19--ªª-, with Councilmembers Orttel. Kunza, McKelvev. Knight. Dehn (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: a. r kJv~~ IE. McKelvey - Mayor IL~ r//V Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rl02-98 A RESOLUTION GRANTING THE LOT SPUT\ VARIANCE REQUEST OF DAVID AND JOANN JABLONIC PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 4.04, M1NIMUM FRONTAGE REQUIREMENTS AT 14269 WOODBINE STREET NW (pIN 29-32-24- 31-0150). WHEREAS, David and JoAnn Jablonic have requested a lot split\variance to split the southern +/- 100 feet from a 0.82 acre parcel pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 4.04, Minimum fÌ'ontage requirements on property located at 14269 Woodbine Street NW, legally described as follows: Lot 1, Block 10, ANDOVER BOUNDARY COMMISSION PLAT NUMBER 1 AND Beginning at the southwest comer of Lot 1, Block 10, ANDOVER BOUNDARY COMMISSION PLAT NUMBER 1 as recorded in Anoka County, Minnesota; thence easterly along the southern boundary of said lot to the southeast comer; thence southerly 100 feet, more or less, along the western boundary of Block 1, ROSELLA'S ADDITION as recorded in Anoka County Minnesota; thence westerly, at right angles and parallel to said southern line of ANDOVER BOUNDARY COMMISSION PLAT NUMBER 1, to a point directly south of said southwest comer of ANDOVER BOUNDARY COMMISSION PLAT NUMBER 1; thence north at right angles and parallel to said western line of ROSELLA'S ADDITION 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. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the Planning and Zoning Commission 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 Page Two Lot SplitWariance 14269 Woodbine Street NW June 2,1998 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 ofthe Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions: 1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E) . 2. That the split portion of said lot be deemed unbuildable and remain in ownership with the applicant until proper ITontage is achieved pursuant to Ordinance 8, Section 4.04. 3. That the applicant pay a park dedication fee pursuant to Ordinance No. 10, Section 9.07.10 in the amount offour hundred ($400.00) dollars. Adopted by the City Council of the City of Andover on this 2nd day of June, 1998. CITY OF ANDOVER ATTEST: ~. {. }Jfr_ ~~ fI.E. McKelvey, Mayor L~ J,¿.£ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 103-98 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF SUPER AMERICA TO ERECT TEMPORARY SIGNS AND BANNERS IN CONJUNCTION WITH "CUSTOMER APPRECIATION DAYS", COMMENCING JUNE 11-12, 1998, PURSUANT TO ORDINANCE NO.8, SECTION 8.07 ON THE PROPERTY LOCATED AT 13727 HANSON BOULEVARD NW. WHEREAS, Super America has requested an Amended Special Use Permit to erect temporary signs and banners in cOI~unction with "Customer Appreciation Days", commencing June 11-12, 1998 pursuant to Ordinance No.8, Section 8.07 on the property located at 13727 Hanson Boulevard NW, legally described as follows: That part of the Southwest Quarter of the Northwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota, lying south of the north 600.00 feet as measured at right angles to the north line an.d lying west ofthe east line thereof, except the west 150.00 feet thereof, also except roads; Subject to easements of record. \VREREAS, the PlaJmi!lg and Zoning Commission has reviewed the request and has detennined 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 weJfare of the City; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Page Two Resolution Super America - Customer Appreciation Days 13727 Hanson Boulevard NW Commission and approves the Amended Special Use Permit on said property with the following conditions: 1) That the Amended Special Use Permit be valid for no more than ten (10) consecutive days. 2) That the banners, signs, and similar devices associated with the event be located so as not to create a hazard to pedestrian and vehicular safety. Adopted by the City Council of the City of Andover on this 2nd day of June, 1998, CITY OF ANDOVER , {. Þlvté . E. McKelvey, Mayor ATTEST: hW-/ iIÞ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 104-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-43 FOR CROSSTOWN BLVD. NW, HANSON BLVD. NW & HILLS OF BUNKER LAKE 1-4 ADDITIONS TRAIL IMPROVEMENTS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 074-98 , dated Acril21 ,1998, bids were received, opened and tabulated according to law with results as follows: Forest Lake Contracting, Inc. $245,368.00 WB Miller, Inc. $290,445.00 Valley Paving 298,972.30 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Forest Lake Contracting, 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 Forest Lake Contracting, Inc. in the amount of $245,368.00 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 Knight and adopted by the City Council at a reqular meeting this 2nd day of June , 19.illL, with Councilmembers Kunza, Kniqht. McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 2 f. JJJ~ ~I:!r i.:-t;;~ d~ /ð.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 105-98 MOTION by Councilmember Kunza 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 97-5, WOODLAND ESTATES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $1.244,577.20 , and the expenses incurred or to be incurred in the making of such improvement amount to $ 318.840.42 and work previously done amount to $438.495.30 !includes $34,124.00 for seal coat) so that the total cost of the improvement will be $2.001.912.92 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 $ 38,976.09 the amount to be assessed against benefited property owners is declared to be $ 1,962,936.83. 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 1999, 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 2nd day of June, 19~, with Councilmembers Kunza, Kniqht. McKelvev. Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A~ ¡J~ A t Þl~i~ J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 106-98 MOTION by Council member Kunza to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER WATERMAIN. STORM SEWER AND STREETS FOR PROJECT 97-5, WOODLAND ESTATES. WHEREAS, the developer is in agreement with the assessments and has waived all rights to a hearing on this assessment pursuant to Minnesota Statutes Annotated, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 1Q years. The first of the installments to be payable on or before the 15th day of April 1999, and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this 2nd day of June , 19~, with Councilmembers Kunza. Kniqht. McKelvev. Dehn. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' f. !J1c.-K ilL Ú Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 107-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF - STREETS , PROJECT NO. 98-13, IN THE AREA OF FOX MEADOWS WHEREAS, the City Council has received a petition, dated Mav 5,19 98 requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to the Citv Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 2nd day of June , 19 98, with Councilmembers Kunza, Kniqht. McKelvev. Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¿:!K!~~~ £:¡;;~/ (/rLb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rl08-98 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO EXPAND THE METROPOLITAN URBAN SERVICE BOUNDARY AND CHANGE THE LAND USE DISTRICT DESIGNATION FROM RR, RURAL RESIDENTIAL TO RU, RESIDENTIAL URBAN SINGLE FAMILY FOR ASHFORD DEVELOPMENT CORP., INC. (PIN 14-32-24-33-0001). WHEREAS, Ashford Development Corp., Inc. has petitioned for an amendment to the Andover Comprehensive Land Use Plan to expand the Metropolitan Urban Service Area boundary and change the land use district designation ITom RR, Rural Residential to RU, Residential Urban Single Family on approximately 1.92 acres encompassing the majority of Block 1 of the proposed Chesterton Commons North Addition in Section 14, legally described as follows: The west 660.00 feet of the Northwest Quarter of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota, except the north 1184.86 feet thereof WHEREAS, the Planning and ZOlÙng 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 Zoniug 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 ZOlÙng Commission and approves said amendment to the Comprehensive Land Use Plan, subject to review by the Metropolitan Council: Adopted by the City Council ofthe City of Andover on this 2nd day of June, 1998. CITY OF ANDOVER . {. JlkJ(. ATTEST: .E. McKelvey, Mayo ¡{:t;;:, Ú Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 109-98 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF CHESTERTON COMMONS NORTH BY ASHFORD DEVELOPMENT CORPORATION. INC. LOCATED IN SECTION 14, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and comments were favorable; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends approval of the plat citing the following: 1. A variance fÌ'om Ordinance 10, Section 9,06AI and Sectior. 4 for Lot 8, Block 2 as the lot does not meet the 100' buildability requirement (15' variance) due to the location of delineated wetlands. 2. . Outlots A - C shall be combined to property to the north. 3. A variance from 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 street exceeds 210' for Crane Street NW and Drake Street NW. 4. A variance to Ordinance No. 10, Section 9.06F for double fÌ'ontage lots on Lots 1-3, Block 2 due to the location of the delineated wetlands. Lots shall fÌ'ont on l59th Avenue 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 and the City Engineer signs the Grading, Drainage and Erosion Control Plan, and a preconstruction meeting on the project has been held. '..- Page Two Resolution Preliminary Plat - Chesterton Commons North June 2,1998 9. The necessity of the bikeway/walkway trail along Hanson Boulevard NW shall be deteDnined at a later date. Funding shall be a SO/50 cost share between the developer and the City, 10. The developer is utilizing a certified geotechnical engineer to establish the lowest floor elevation based on the estimated groundwater level and waiving the mottled soil requirement as provided in Ordinance No. 10, Section 9.06AI. Adopted by the City Council of the City of Andover this 2nd day of June ,19~. CITY OF ANDOVER ATTEST: li /1!&JI~ L'/.;-;~ ¡/b c.J:E. McKelvey, Mayor Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 110-98 A RESOLUTION DECLARING A DOG OWNED BY CLAYTON STEFFENSEN, 15411 NIGHTINGALE STREET NW, AS A BITING DOG PURSUANT TO CITY ORDINANCE 233. WHEREAS, a black lab owned by Clayton Steffensen, 15411 Nightingale Street NW, Andover has been allowed to run at large; and WHEREAS, on April 29, 1998 said dog left its property and bit a person on Nightingale Street NW. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Andover to hereby declare a black lab owned by Clayton Steffensen, 15411 Nightingale Street NW as a "biting dog" pursuant to Ordinance 233. BE IT FURTHER RESOLVED that the City Clerk shalJ mail by certified mail to Clayton Steffensen a copy of this resolution. Adopted by the City Council of the City Andover this 2nd day of June, 1998. CITY OF ANDOVER Attest: d {ø~J(~ If. E. McKelvey, Mayor Lt-~ ~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 111-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREETS PROJECT NO. 98-13 IN THE FOX MEADOWS AREA. WHEREAS, pursuant to Resolution No. 107-98, adopted the 2nd day of June, 1998 a Feasibility Report has been prepared by the Citv Engineer for the improvements: and WHEREAS, such report was received by the City Council on the 16th day of June, 1998; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated cost of $ 127.420.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 98-13, 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 $127.420.00 . 3. A public hearing shall be held on such proposed improvement on the 7th day of Julv , 1998 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 Kunza and adopted by the City Council at a reqular meeting this 16th day of June ,19~, with Councilmembers Dehn, Kunza, Kniqht. McKelvev. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~' f, h1~ )(.~ k¡J~ .E. McKelvey - Mayor Victoria Volk - City Clerk ClTY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R112-98 A RESOLUTION APPROVING THE SALE OF PULLT ABS BY THE ANDOVER LIONS CLUB ON SATURDAY, JULY 18, 1998 DURING THE ANDOVER FAMILY FUN FEST, WHEREAS, the Andover Lions Club has requested that they Le allowed to sell pull tabs during the Andover Farrúly Fun Fest on Saturday, July 18, 1998; and WHEREAS, the City Council has no objection to this activity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to approve the sale of pulltabs by the Andover Lions Club on Saturday, July 18, 1998 during the Andover Family Fun Fest which will be held at the City Hall Complex. Adopted by the City Council of the City of Andover this 16th day of Tune, 1998. CITY OF ANDOVER Attest: a· { }r;¿-j(~~ a E. McKelvey - Mayor [::tü:. '/ tf...ft Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 113-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #--.1.. TO PROJECT NO. 97-44, SHADOWBROOK 3RD ADDITION. WHEREAS, the City of Andover has a contract for Project No. 95-24 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. 97-44. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 16th day of June, 19 98, with Councilmembers Dehn, Kunza, Kniqht. McKelvev. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: t'. !~el~~ M~!~ i~ ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 114-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #--A.. TO PROJECT NO. 96-15, PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Gorham Oien Mechanical. Inc. of Mora, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 7th day of Julv , 19~, with Councilmembers Kunza, Dehn, McKelvev, Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ª ,t. )rJ~ f/~. ~ æ.E. McKelvey - Mayor ;? Ú-~ ¡db Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R1l5-98 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE BULK STORAGE OF LIQUID FUELS AT ACE SOLID WASTE PURSUANT TO ORDINANCE NO.8, SECTION 4.26 ON PROPERTY LOCATED AT 3118 l62ND LANE NW (pIN 16-32-24-23-0023). WHEREAS, Ace Solid Waste has requested an Amended Special Use Pennit to allow for the replacement of a 3,000 gallon underground storage tank with a 10,000 gallon underground storage tank pursuant to Ordinance No.8, Section 4.26 on property located at 3118 1 62nd Lane NW, legally described as follows: The east 250 feet of the west 650 feet of the south 433 feet of the north 2184.99 feet of the West Half of the Northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota; except road, subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No.8, Section 4.26; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, 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 Penn it 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 Pennit 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 tank removal and installation. j Page Two Amended SUP - Storage of Bulk Liquid Fuels Ace Solid Waste July 7, 1998 3) That the Amended Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 4) That the Amended Special Use Permit shall be subject to annual review. Adopted by the City Council of the City of Andover on this 7th day ofJulv, 1998. CITY OF ANDOVER . t lJ'; c.,J¿ ATTEST: .E. McKelvey, Mayor ~ d.¿¿ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R1l6-98 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE BULK STORAGE OF LIQUID FUELS PURSUANT TO ORDINANCE NO.8, 15421 ROUND LAKE BOULEVARD NW (pIN 21-32-24-23-0001). WHEREAS, Ace Solid Waste has requested an Amended Special Use Pennit to allow for the replacement of four (4) 10,000 gallon underground storage tanks with three (3) 12,000 gallon underground storage tanks pursuant to Ordinance No.8, Section 4.26 on property located at 15421 Round Lake Blvd. NW, legally described as follows: The Southwest Quarter of the Northwest Quarter of Section 21, Township 32, Range 24, Anoka County, Minnesota; except west 209 feet of the north 418 feet of the south 965 feet thereof; also except that part described as follows: Beginning at the Southwest corner of said quarter quarter; thence north along west line thereof 100 feet; thence east, parallel with the south line of said quarter quarter 238 feet; thence south, parallel with said west líne to said south line; thence West along said south líne to point of beginning; also except that part described as follows: Commencing at the Southwest corner ther~f; thence north along west line of said quarter quarter 200 feetto point of beginning; thence continuing north along said west line 100 feet; thence east, parallel with south line of said quarter quarter 188 feet; thence south, parallel with said west line 100 feet; thence west, parallel with said south line 188 feet more or less to point of beginning; except road; subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No.8, Section 4.26; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, 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 Pennit as requested. I Page Two Amended SUP - Storage of Bulk Liquid Fuels Ed Field's and Sons July 7, 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 and approves the Amended Special Use Pennit 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 tank removal and installation. 3) That the Amended Special Use Penn it be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 4) That the Amended Special Use Pennit shall be subject to annual review. Adopted by the City Council of the City of Andover on this 7th day ofJulv. 1998. CITY OF ANDOVER . t J11G~ ATTEST: J.E. McKelvey, Mayo h~ tU£ Victoria Volk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. [[7-98 A RESOLUTION GRANTING THE SPECIAL USE PERM[T REQUEST OF THE CITY OF ANDOVER TO CONDUCTITSANNUAL C[TY FAM[LY FUN FESTIVAL (JULY [7, 18, [9, [998) ON THE PROPERTY LOCATED AT 1685 CROSSTOWN BOULEVARD NW LEGALLY DESCRIBED AS FOLLOWS: Unplatted City of Andover, NE Y. of SE Y. Section 22-32-24 (Subject to Easement RCPA l2/J/67) (Excluding West 330 feet) (Subject to Easement to NSP, 1[-12-68) RCPA Easement and; Unplatted City of Andover West 330 feet ofNE Y. of SE Y. Section 22-32-24 - 12!l2/68 RCPA Easement partiaUy released, 5/22/72. WHEREAS, The City of Andover has requested a Special Use Permit to conduct its annual City Family Fun Festival (July [7-19, [998) on the property located at [685 Crosstown Boulevard NW,legally described above. Activities include a carnival, parade, street dance, food booths and other re]ated activities. WHEREAS, the Planning and Zoning Commission fmds the request would not have a detrimental effect upon the health, safety, morals, and genera] welfare of the City; and WHEREAS, a public hearing was he]d and there was no opposition to the request; and w¡J"EREAS, the Planning and Zoning Commission recommends to the City Council approval ofthe 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: ]) That the Special Use Permit be valid for no more than three (3) consecutive days. 2) Hours of operation shall be 8:00 a.m. - 10:30 p.m. Adopted by the City Council of the City of Andover on this 7th day of Julv. 1998. C[TY OF ANDOVER 1 { me- /(p ~ ¥E. McKelvey, Mayor ATTEST: Ii. ;é;: . ¡jdb A ..,..... Victoria V olk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. 118-98 A RESOLUTION GRANTING THE RELOCATION OF A PRINCIPAL STRUCTURE AND TO ALLOW THE EXISTING PRINCIPAL STRUCTURE ON THE PROPERTY TO REMAIN UP TO SIXTY (60) DAYS AFTER THE CERTIFICATE OF OCCUPANCY IS ISSUED FOR THE RE-LOCATED PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT 1928 1 67TH AVENUE NW, LEGALLY DESCRIBED AS N 1/2 OF W 1/2 OF SW 1/2 OF SE y., SECTION 10-32-24; EXCLUDING ROAD; SUBJECT OT EASEMENT OF RECORD. WHEREAS, Robert and Yvonne Hillman requested a Special Use PermitIVariance to relocate a principal structure on said lot located at 1928 ¡67th Avenue NW, legally described above. The existing principal structure will be allowed to remain on said property no later than sixty (60) days after the Certificate of Occupancy is issued for the relocated principal structure. WHEREAS, the Planning and Zoning Commission has review the request and has detel111ined that said request meets the criteria of Ordinance No.8, Sections 4.04 and 5.03. 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 PermitiVariance requested. NOW, THEREFORE, BE IT RESOL VED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow for the relocation of a principal structure and allow the existing principal structure to remain on said property no later than sixty (60) days after the Certificate of Occupancy is issued on said property with the following conditions: 1. The relocated structure comply with all applicable ordinances, building codes and fire codes. 2. That the relocated structure be placed on a pel111anent foundation within thirty (30) days of the issuance of a building pel111it. ( Page Two Resolution Special Use PermitIVariance (98-09) 3. The existing home be razed or removed fÌ'om the property within sixty (60) days after the Certificate of Occupancy is issued by the Building Department for the . relocated principal structure. 4. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). Adopted by the City Council of the City of Andover on this 7th day of July. 1998. CITY OF ANDOVER ¡ t. ~_¡¿1~ . rEo McKelvey, Mayor ~ ATTEST: U· tf~ ,¿ . u-J Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 119-98 MOTION by Council member Kunza to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT 97-38, 14056 RAVEN STREET NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 7,830.90 so that the total cost of the improvement will be $ 7.830.90. 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN:The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 7,830.90 2. Assessments shall be payable in equal annual installments extending over a period of JL years. The first of the installments to be payable on or before the 1 st Monday in January 1999 , 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 Dehn and adopted by the City Council at a regular meeting this -11L day of Julv , 19~, with Councilmembers Kunza. Dehn. McKelvev. Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~. £. m" /d.l~ UE. McKelvey - Mayor r. ~d&' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.120-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 97-38, 14056 RAVEN STREET NW. WHEREAS, by a resolution passed by the City Council on July 7, 19ªª---., the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 97-38; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, MN: 1. A hearing shall be held the Æ!Lday of August, in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the herring, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if 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 November 15 or interested will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this..l!!l..- day of ~, 19--ªª-, with Councilmembers Kunza, Dehn. McKelvev. Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j, [ J11~j{4 ~W µ.E. McKelvey - Mayor tI Victoria Volk - City Clerk I. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 122-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION AWARDING THE QUOTE FOR THE IMPROVEMENT OF WINSLOW HILLS 3RD ADDITION STORM SEWER MAINTENANCE/153RD LANE NW, PROJECT NO. 98-14A. WHEREAS, quotes were received, opened and tabulated with results as follows: Old Is Gold Inc. $11,300.00 Hydrocon, Inc. $19,485.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the quote as shown to indicate Old Is Gold 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 Old Is Gold Inc. in the amount of $11,300.00 MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 7th day of Julv , 19-ªª-., with Councilmembers Kunza, Dehn, McKelvev, Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: þ. { Þlr-I(~~ t%J.E. McKelvey - Mayor ~Ú Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 123-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION AWARDING THE QUOTE FOR THE IMPROVEMENT OF WINSLOW HILLS 3RD ADDITION STORM SEWER MAINTENANCEIBLUEBIRD STREET NW, PROJECT NO. 98-14B. WHEREAS, quotes were received, opened and tabulated with results as follows: Hyd, rocon Inc. $16,480.00 Old Is Gold Inc. $17,250.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the quote as shown to indicate Hvdrocon, 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 Hvdrocon, Inc. in the amount of $16.480.00 MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 7th day of Julv , 19--ª-ª-, with Councilmembers Kunza. Dehn, McKelvev, Orttel. Kniqht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 4, ~ h?<:- ~ 1,? ?:J.E. McKelvey - Mayor li~túv Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 124-98 A RESOLUTION AMENDING RESOLUTION NO. 094-98 AMENDING THE ADMINISTRATIVE FEE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following fee is established for the remainder of year 1998. TVDe of Fee Fee Administrative Fee 15% of total labor charges per hour Adopted by the City Council of the City of Andover this --.Z1h..- day of Julv , Willi· CITY OF ANDOVER {, Me-Ø ATTEST: J.E. McKelvey, Mayor (Lj:;-~ !tæ Victoria Volk, City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 125-98 MOTION by Councilmember Kunza 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. 98-16, IN THE SHADOWBROOK 4TH ADDITION AREA. WHEREAS, the City Council has received a petition, dated June 24, 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 $1,000.00 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Dehn and adopted by the City Council at a regular meeting this 7th day of Julv , 19 98, with Councilmembers Kunza, Dehn, McKelvev, Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 'ª, {. J11r-~~ J.E. McKelvey - Mayor ~¡j$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 126-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #---1... TO PROJECT NO. 97-6, SHADOWBROOK 2ND ADDITION. WHEREAS, the City of Andover has a contract for Project No. 97-6 with C.W. Houle, Inc. of Shoreview, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 97-6. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 7th day of Julv ,19~, with Councilmembers Kunza. Dehn, McKelvev, Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: f). ( mJ 4-fJ~ fð.E. McKelvey - Mayor Ú.u./ bÞ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 127-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO C.w. HOULE. INC. FOR PROJECT NO. 97-6 FOR THE IMPROVEMENT OF SHADOWBROOK 2ND ADDITION. WHEREAS, pursuant to a written contract signed with the City of Andover on Auaust 19, 1997, C.w. Houle, Inc. of Shoreview, MN, has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 7th day of -1.!d!Y.. 19~, with Councilmembers Kunza. Dehn, McKelvev, Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against. whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ß· ~ m&~, P.!.E. McKelvey - Mayor ~aæ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 128-98 MOTION by Council member Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ST. PAUL LINOLEUM FOR PROJECT NO. 96-15 FOR THE IMPROVEMENT OF PUBLIC WORKS EXPANSION. WHEREAS, pursuant to a written contract signed with the City of Andover on Julv 16, 1997, St. Paul Linoleum of Eaaan. 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 Dehn and adopted by the City Council at a regular meeting this 7th day of ~, 19~, with Councilmembers Kunza, Dehn, McKelvev. Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ß ~ m~.<~ 0.E. McKelvey - Mayor ~ tJ¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 129-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO GRAZZINI BROTHERS & CO. FOR PROJECT NO. 96-15 FOR THE IMPROVEMENT OF PUBLIC WORKS EXPANSION. WHEREAS, pursuant to a written contract signed with the City of Andover on Julv 16, 1997, Grazzini Brothers & Co. of Bloomington, 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 Counci/member Dehn and adopted by the City Council at a regular meeting this 7th day of~, 19~, with Councilmembers Kunza, Dehn, McKelvev, Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J. t )ø,-,~ æ.E. McKelvey - Mayor .d£;~· tUb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 130-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO AMERICAN STRUCTURAL STEEL FOR PROJECT NO. 96-15 FOR THE IMPROVEMENT OF PUBLIC WORKS EXPANSION. WHEREAS, pursuant to a written contract signed with the City of Andover on May 20,1997, American Structural Steel of Hugo, 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 Dehn and adopted by the City Council at a regular meeting this 7th day of~, 19~, with Councilmembers Kunza, Dehn, McKelvev, Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: j. t Mt/J:l~ ¿;<J.E. McKelvey - Mayor ~, d-!Þ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 131-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FABCON INC. FOR PROJECT NO. 96-15 FOR THE IMPROVEMENT OF PUBLIC WORKS EXPANSION. WHEREAS, pursuant to a written contract signed with the City of Andover on May 20, 1997, Fabcon Inc. of Savage, 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 Dehn and adopted by the City Council at a regular meeting this 7th day of.1!!.!ï-, 19~, with Councilmembers Kunza, Dehn, McKelvev, Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: . ~ )Jf~/~ iLt~ j¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 132-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO RELIANCE ELECTRICAL FOR PROJECT NO. 96-15 FOR THE IMPROVEMENT OF PUBLIC WORKS EXPANSION. WHEREAS, pursuant to a written contract signed with the City of Andover on Julv 16.1997, Reliance Electrical of Zimmerman, 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 propèr order for the final payment, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 7th day of~, 19~, with Councilmembers Kunza, Dehn. McKelvev, Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Æ. !K!~-~b Ú~ tLø Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 133-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #....1.- TO PROJECT NO. 97-5, WOODLAND ESTATES. WHEREAS, the City of Andover has a contract for Project No. 97-5 with Rvan Contractina of Shakooee, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 97-5. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this 7th day of Julv ,19~, with Councilmembers Kunza, Dehn, McKelvev, Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: , 1. ø" ~dtb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 134-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO RYAN CONTRACTING FOR PROJECT NO. 97-5 FOR THE IMPROVEMENT OF WOODLAND ESTATES. WHEREAS, pursuant to a written contract signed with the City of Andover on June 3, 1997, Rvan Contractina of Shakopee, 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 Dehn and adopted by the City Council at a regular meeting this 7th day of ~, 19~, with Councilmembers Kunza, Dehn, McKelvev, Orttel. Kniqht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: f). t: Þ1c-I(~ ¿<rE. McKelvey - Mayo iLt--~ dæ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 135-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ADOPTING ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. _ 95-14, IN THE 2771 - 133RD LANE NW AREA. WHEREAS, the City Council has received a petition, dated June 29, 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. Adopting assessment roll. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this 7th day of Julv , 19 98, with Councilmembers Kunza, Dehn. McKelvev, Orttel. Kniqht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . f. bit ~¡/k Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 136-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION AWARDING THE QUOTE FOR THE IMPROVEMENT OF EXTERIOR CONCRETE WORK, PROJECT NOS. 94-30 & 96-15. WHEREAS, quotes were received, opened and tabulated with results as follows: North Country Concrete, Inc. $4,630.00 Landmark Concrete, Inc. $4,728.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the quote as shown to indicate North Country Concrete, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with North Country Concrete, Inc. in the amount of $4,630.00. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 7th day of Julv , 19J!!L, with Councilmembers Kunza, Dehn, McKelvev, Orttel, Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~. {!. m--k:~77 ¡:¡.E. McKelvey - Mayor ~áb' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R137-98 A RESOLUTION GRANTING THE LOT SPLITW ARIANCE REQUEST OF TRACY AND MIKE ELLIS AND LINDA AND KEN SCHENEMAN ON PROPERTY OWNED BY ASHFORD DEVELOPMENT CORP., INC. PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM LOT REQUIREMENTS AT 697 l4lST LANE NW (pIN 25-32-24-33-0042). WHEREAS, Tracy and Mike Ellis and Linda and Ken Scheneman have requested a lot split\variance on property owned by Ashford Development Corp., Inc. to split an 80 foot by 142.5 foot lot in half to create two +/-40 foot by 142.5 foot parcels pursuant to Ordinance No. 40 and varying rrom the provisions of Ordinance No.8, Section 6.02, Minimum Lot Size Requirements on property located at 697 l4lst Lane NW, legally described as Lot 4, Block 7, CROWN POINTE EAST WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the Planning and Zoning Commission 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 the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 2. That a covenant be recorded that legally combines the newly created remnant parcels of Lot 4 with their respective adjoining parcels legally described as Lot 3 and Lot 5, Block 7, CROWN POINTE EAST so they cannot be sold separately. Page Two Lot SplitWariance 697 l4lst Lane NW July 7, 1998 3. That the easements along both sides of the east and west lot lines of Lot 4, Block 7, CROWN PONTE EAST be vacated, and new easements be established and accepted by the City Council along the newly created property line Adopted by the City Council of the City of Andover on this 7th day of Julv, 1998. CITY OF ANDOVER , t. ))1" ~ ATTEST: .E. McKelvey, May r Ú-,v d/£ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R138-98 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF TRACY AND MIKE ELLIS AND LINDA AND KEN SCHENEMAN ON PROPERTY OWNED BY ASHFORD DEVELOPMENT CORP., INC TO VACATE DRAINAGE AND UTILITY EASEMENTS ALONG THE EAST AND WEST LOT LINES OF LOT LOT 4, BLOCK 7, CROWN POINTE EAST LOCATED AT 697l41ST LANE NW WHEREAS, Tracy and Mike Ellis and Linda and Ken Scheneman have requested to vacate the vacate the following easements along the west and east property lines of Lot 4, Block 7, CROWN POINTE EAST owned by Ashford Develompent Corp., Inc. at 697 141st Lane NW (pIN 25-32- 24-33-0042): The western five feet Lot 4, and the eastern five feet of Lot 5, Block 7, CROWN POINTE EAST, Anoka County, Minnesota; except the northern ten feet and the southern 10 feet of said properties. AND The eastern five feet Lot 4, and the western five feet of Lot 3, Block 7, CROWN POINTE EAST, Anoka County, Minnesota; except the northern ten feet and the southern 10 feet of said properties. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfàre 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 with the following condition: 1) Approval of proposed lot split\variance 98-02. 2) City Council approval of dedicated drainage and utility easements along the newly created property line. 3) Confinuation that vacated areas are absent of all utilities. Adopted by the City Council of the City of Andover on this 7th day of Julv, 1998. CITY OF ANDOVER . t. ht<:-~ AITEST .E. McKelvey, Mayor ~ (/ff Victoria Yolk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 139-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 98-13. FOX MEADOWS. WHEREAS. Resolution No. 111-98 of the City Council adopted on the 16th day of June, 19 98 ,fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 7th day of Julv , 19 ----ªª--; 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. 98-13 MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 7th day of Julv ,19.illL, with Councilmembers Kunza, Dehn, McKelvev. Orttel, Kniqht (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f). r. m¿¡{i~ ~1Úb 16.E. McKelvey - May Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 140-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98-13 IN THE FOX MEADOWS «DAKOTA STREET NW. 160TH LANE NW & SOUTH ENCHANTED DRIVE NVV) AREA FOR STREET IMPROVEMENTS. WHEREAS, Resolution No. 111-98 of the City Council adopted on the 16th day of June, 1998, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 7th day of Julv, 1998; 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. 98-13. BE IT FURTHER RESOLVED by the City Council of the City of Andover to designate the City Engineer as the Engineer for this improvement and he is directed to prepare plans and specifications for such improvement. BE IT FURTHER RESOLVED that the City Engineer is to obtain all the necessary drainage and utility easements before construction. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this ~ day of Julv ,19~, with Councilmembers Kunza, Dehn, McKelvev. Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~'. ~~~-~~7 LZ;J tJ.¿v Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 141-98 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98-13 ,IN THE AREA OF FOX MEADOWS (DAKOTA STREET NW. 160TH LANE NW & SOUTH ENCHANTED DRIVE NW) FOR STREET IMPROVEMENTS. WHEREAS, pursuant to Resolution No. 140-98, adopted by the City Council on the 7th day of Julv , 19~, the Citv Engineer has prepared final plans and specifications for Project 98-13 for street improvements. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 7th day of Julv ,19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, August 3 ,19 98 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this 7th day of Julv , 19 98 , with Councilmembers Kunza. Dehn, McKelvev, Orttel, Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j) ~ bJC/~b tiE. McKelvey - Mayor' ~dæ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R142-98 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF LANGFELD'S OAKRlDGE ESTATES BY WILLIS LANGFELD LOCATED IN SECTION IS, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council approval of the plat subject to the following: 1. A variance to Ordinance No.8, Section 6.02 for the following: a. Lot I, Block 1, variance to the lot width requirement of300 feet. A variance of24 feet is requested. b. Lot I, Block I, variance to the lot area requirement of2.5 acres. A variance of .03 acres is requested. c. Lot 4, Block I, variance to the lot width requirement of300'. A variance of25 feet is requested. 2. 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 400' is requested. 3. The developer obtains all necessary penn its from the LRRWMO, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 4. A street/stonn sewer plan and profile being reviewed and approved by the City Engineer. 5. Park dedication as recommended by the Park and Recreation Commission as detennined by Ordinance No. 10, Section 9.07. Adopted by the City Council of the City of Andover this 7th day of Julv .19..2.L. CITY OF ANDOVER ATTEST: J.¿·!~e~:ft7 ILL ddb Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 143-98 A RESOLUTION APPROVING A 45 MPH SPEED LIMIT ALONG 157TH AVENUE NW BETWEEN CROSSTOWN BOULEVARD NW AND UNIVERSITY AVENUE EXTENSION. WHEREAS, 45 MPH speed limit signs contingent upon curves and hazards being signed in accordance with the Minnesota Manual on Uniform Traffic Control Devices; and WHEREAS, MnDOT has given authorization to raise the speed limit to 45 MPH; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the 45 MPH speed limit to be posed along 157th Avenue NW between Crosstown Boulevard NWand University Avenue Extension. Adopted by the City Council of the City of Andover this ---1!!L day of Julv , 19 98. CITY OF ANDOVER . t. Jø~j{ ATTEST: .E. McKelvey, Mayor Lt--~ ¡f"'¿L/ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 144-98 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF US WEST WIRELESS FOR THE CONSTRUCTION OF A WIRELESS COMMUNICATION FACILITY (PCS ANTENNA/TOWER - 120 FEET IN HEIGHT FROM GROUND LEVEL) ON THE PROPERTY LOCATED AT 1786 BUNKER LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 1 PANKONIN ADDITION. WHEREAS, US West Wireless has requested a Special Use Permit to construct a Wireless Communication Facility (120 feet in height from ground level) on the property located at 1786 Bunker Lake Boulevard NW, legally described as Lot 1, Block I, Pankonin Addition. WHEREAS, the Planning and Zoning Commission has review the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03 and Ordinance No. 113; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commis~ion recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow US West Wireless to construct a Wireless Communications Facility (PCS antenna/tower structure - 120 feet in height from ground level) on said property with the following conditions: 1. The Special Use Permit shall be subject to annual review and site inspection by City staff. 2. The applicant shall receive commercial site plan approval from staff prior to the issuance of a Building Permit. 3. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(0). Adopted by the City Council of the City of Andover on this 7th day of fu!y, 1998. CITY OF ANDOVER ~. t, Jrk }(;--f¿'T U. E. McKelvey, Mayor ATTEST: ~ (i/Þ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 145-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREET RECONSTRUCTION, ST. S, SS & WM, PROJECT NO. 98-11 IN THE FOLLOWING AREA JAY STREET NW. WHEREAS, pursuant to Resolution No. 003-98 ,adopted the 19th day of Mav , 19 98 , a Feasibility Report has been prepared by TKDA for the improvements; and order the preparation of a feasibility report for the improvement; and WHEREAS, such feasibility report was received by the City Council on the 7th day of Julv , 19~; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $606,979.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project 98-11, for the improvements. 2. The City 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 $ 606,979.00 3. A public hearing shall be held on such proposed improvement on the 21st day of..l!Jjy, 1998 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 Kunza and adopted by the City Council at a regular meeting this ---Ztb.- day of July ,19~, with Councilmembers Dehn. Kunza. McKelvev, Orttel. Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATT~ ¡;I~ {l 1 J/!&~b i.fE. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 146-98 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF - STREETS , PROJECT NO. 98-13A, IN THE AREA OF FOX MEADOWS WHEREAS, the City Council has received a petition, dated Julv 10, 19 98 requesting the construction of improvements; and WHEREAS, such petition has been validated to contain the signatures of more than 35% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared as adequate. 2. The proposed improvement is hereby referred to the Citv Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 21st day of Julv ,19 98, with Councilmembers Knight. Kunza, McKelvev. Orttel. Dehn (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~ !~e~1!::J iLt~ ¡j¿¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 147-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING THE SUPPLEMENTAL FEASIBILITY STUDY TO PROJECT NO. 98-13 AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREETS FOR PROJECT NO. 98-13A IN THE FOLLOWING AREA OF FOX MEADOWS . WHEREAS, pursuant to Resolution No. 146-98, adopted the 21st day of Julv , 1998, a Feasibility Report has been prepared by the Citv Engineer for the improvements; and WHEREAS, such feasibility study was received by the City Council on the 21st day of Julv , 1998; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $170,100.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: The City Council hereby accepts the Feasibility Report for Project No. 98-13A, for the improvements. 1. 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 $170,100.00. 2. A public hearing shall be held on such proposed improvement on the 4th day of Auqust , 1998 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 Kunza and adopted by the City Council at a reqular meeting this 21st day of Julv ,19~, with Council members Knight. Kunza, McKelvev, Orttel. Dehn (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' ( )¡¡v Ú~ !/dL- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 148-98 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. 98-16 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA SHADOWBROOK 4TH ADDITION . WHEREAS, the City Council did on the 7th day of July. 19 98 , 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 21st day of Julv , 19~; 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 $ 432.338.00 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 $ 432,338.00 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 $ 64.850.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 21st day of Julv , 19~, with Councilmembers Knight. Kunza, McKelvey, Orttel, Dehn (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß ~ Þv~ ~ if~ t1.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 149-98 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ADOPTING ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. _ 95-14, IN THE 13423 CROOKED LAKE BOULEVARD NW AREA. WHEREAS, the City Council has received a petition, dated Julv 20, 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. Adopting assessment roll. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 21st day of Julv , 1998, with Councilmembers Kniqht. Kunza, McKelvev, Orttel. Dehn (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: I· f k'{,~1~ ø.E. McKelvey - Mayor ~U Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. 150-98 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF GRACE LUTHERAN CHURCH TO ALLOW FOR THE INSTALLATION OF AN INSTITUTIONAL SIGN PURSUANT TO ORDINANCE NO.8, SECTION 8.07(D)(2)(i) ON THE PROPERTY LOCATED AT 13655 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS THAT PART OF THE WEST 445.02 FEET OF NW II. OF SE V. OF SECTION 32, TOWNSHIP 32, RANGE 24, LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF 136TH LANE NW, EXCLUDING ROAD, SUBJECT TO EASEMENT OF RECORD, WHEREAS, Grace Lutheran Church has requested a Special Use Permit to allow for the installation of a institutional sign pursuant to Ordinance No.8, Section 8.07(D)(2)(i) on the property located at 13655 Round Lake Boulevard NW, legally described above. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that the request meets the criteria in Ordinance No.8, Section 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 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 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 PemlÍt on said property with the following conditions: 1. The Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 2. The Special Use Permit shall be subject to annual review by staff. Page Two Resolution 3. . The placement of the sign shall comply with the site triangle requirements as stated in Ordinance No.8, Section 4.06 and is placed ten (10) or more feet from all property lines. 4. The applicant shall receive Sign Permit approval prior to the installation of the sIgn. Adopted by the City Council of the City of Andover on this 4th day of August, 1998. ATTEST: CITY OF ANDOVER ~(/~ f. ??!c-~ Victoria Volk, City Clerk , E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 151-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT OF SHADOWBROOK FOURTH, AS BEING DEVELOPED BY BUNKER. LLC, IN SECTION 36-32-24. WHEREAS, the City Council approved the preliminary plat of the Planned Unit Development of Shadowbrook ; and WHEREAS, the Developer has presented the final plat of Shadowbrook 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 Shadowbrook 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 finai 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 Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements outside the plat if necessary. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, Coon Creek Watershed District, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. 9. Variance from Ordinance 10, Section 9.06 a3 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. Page Two Resolution - Approving Final Plat Shadowbrook Fourth Addition August 4, 1998 10. Variances from Ordinance 10, Section 9.02 C due to the number of streets that will meet the definition of a collector street. This section of the ordinance states that preliminary plats shall not be approved wherein lots front on the right -of-way of collector streets. Adopted by the City Council of the City of Andover this -Æ!L day of Auqust ,19 98 . CITY OF ANDOVER ATTEST: Þ {J»ú~~ Lz~ I-f.E. McKelvey - Mayor ¡}d/; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 152-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN PROJECT NO. 97-38, 14056 RAVEN STREET NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of Í- years, the first of the installments to be payable on or before the 1st Monday in January, 19---ª-ª- 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 Dehn and adopted by the City Council at a reqular meeting this 4th day of Auqust , 19~, with Councilmembers Knight. Dehn. McKelvev. Kunza. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Æ. ~K;¡:~J{~ ¡J~U Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 153-98 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. 97-51 FOR THE AREA OF HIDDEN CREEK NORTH PARK. HILLS OF BUNK!õR LAK!õ EAST PARK. PINE HILLS PARK FOR FENCING IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the Fencing Improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Hidden Creek North Park, Hills of Bunker Lake East Park, Pine Hills Park for fencinq improvements, Project 97-51; and BE IT FURTHER RESOLVED by the City Council to hereby direct the-ºtlY Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this -Æb..... day of August ,19~, with Councilmembers Kniqht. Dehn, McKelvev. Kunza, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j). t ~_ J[:1.~ UE. McKelvey :Mayor ,~ IiI» Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 154-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-51 ,FOR HIDDEN CREEK NORTH PARK, HILLS OF BUNKER LAKE EAST PARK, PINE HILLS PARK FENCING IMPROVEMENTS. WHEREAS, pursuant to Resolution No. 153-98 ,adopted by the City Council on the 4th day of Auaust , 19~, the Citv Enaineer has prepared final plans and specifications for Project 97-51 for Hidden Creek North Park, Hills of Bunker Lake East Park, Pine Hills Park Fencinq Improvements. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of Auqust ,19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, August 20,19 98 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 4th day of August , 19 98 , with Councilmembers Knight. Dehn. McKelvev, Kunza, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f), f JJkJ(~ U.E. McKelvey - Mayor ~i($ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 155-98 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO VALLEY PAVING. INC. FOR PROJECT NOS. 97-14 & 97-26 FOR THE IMPROVEMENT OF TRAILS. WHEREAS, pursuant to a written contract signed with the City of Andover on June 3, 1997, Vallev Pavina, Inc. of Shakocee, 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 Dehn and adopted by the City Council at a regular meeting this 4th day of Auqust , 19~, with Councilmembers Kniqht. Dehn, McKelvev, Kunza. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ß f Î1J~~~ t:0.E. McKelvey - Mayor ~ Vþ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 156-98 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 98-11. .IN THE JAY STREET NW AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. WHEREAS, Resolution No. 145-98 of the City Council adopted on the 7th day of~, 19 98 ,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 Julv . 19 --.illL; 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. 98-11 BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate TKDA as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 4th day of Auqust ,19.illL, with Councilmembers Kniqht. McKelvev, Kunza, Orttel voting in favor of the resolution, and Councilmembers Dehn voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ {. h1c-~1;7 ~ tI;/k ?::J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 157-98 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98-11 ,FOR JAY STREET NW. WHEREAS, pursuant to Resolution No. 156-98 ,adopted by the City Council on the 4th day of August, 19-ªª-, the City Enqineer has prepared final plans and specifications for Project 98-11 for Jav Street NW . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of August ,19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, Auqust 28 , 19 98 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 4th day of August , 19 98 , with Councilmembers Kniqht. Orttel. McKelvev. Dehn, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (j, f. l71&k:l~ a E. McKelvey - Mayor ~ tldL/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 158-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 98-13A. FOX MEADOWS. WHEREAS, Resolution No. 147-98 of the City Council adopted on the 21st day of~, 19 98 ,fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice such hearing was held on the 4th day of August ,19~; 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. 98-13A . MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 4th day of August, 19-ªª-, with Councilmembers Knight. Kunza, McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß· ! hf('_~~ ~ (/dÞ VJ.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 159-98 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98-13A ,FOR FOX MEADOWS. WHEREAS, pursuant to Resolution No. 158-98 ,adopted by the City Council on the 4th day of August, 19---ªª-, the Citv Engineer has prepared final plans and specifications for Project 98-13A for Fox Meadows. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of August ,19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, August 4 , 19 98 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reqular meeting this 4th day of August , 19 98 , with Councilmembers Kniqht. Kunza, McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against. whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: f). { m~~~ if. E. McKelvey - Mayor Li-~ ¿ldÞ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 160-98 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98-13 FOR FOX MEADOWS FOR STREETS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 141-98 , dated Julv 7,1998, bids were received, opened and tabulated according to law with results as follows: Bauerly Brothers $115,523.35 North Valley Paving $129,465.50 Northwest Asphalt $141,688.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bauerlv Brothers as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Bauerlv Brothers in the amount of $115.523.35 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 4th day of August . 19 -ªª---, with Councilmembers Knight. Kunza. McKelvev. Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~t!$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R16l-98 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 P, PUBLIC AT OAK VIEW MIDDLE SCHOOL (pIN 22-32-24-14-0004,0005,0006,0007, AND 22-32-24- 13-0005), AND FROM OS, OPEN SPACE TO P, PUBLIC AT ANDOVER CITY HALL (pIN 22-32-24-41-0001 & 0002) BY THE CITY OF ANDOVER. WHEREAS, The City of Andover has petitioned for an amendment to the Andover Comprehensive Land Use Plan to change the land use district designation from RU, Residential Urban Single Family to P, Public on approximately 49.1 acres located at the Oak View Middle School site, located at 15400 Hanson Boulevard NW, legally described as follows: The Southeast Quarter of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota; except roads, subject to easements of record AND Conunencing at the southeast comer of the Southeast Quarter of the Northeast Quarter of Section 22, Township 32, Range 24, Anoka County Minnesota; thence west along the south line of the Northeast Quarter of said section to the point of beginning, 1,013 feet east of the southwest comer of the Southwest Quarter of the Northeast Quarter; thence north at right angles 445 feet; thence North 0 degrees, 21 minutes, 20 seconds East, to the north line of the Southwest Quarter of the Northeast Quarter; thence east at right angles along said north line to the northeast comer of said quarter quarter; thence south at right angles along the east line of said quarter quarter to the southeast comer; thence west at right angles along the south line of said quarter quarter to the point of beginning; subject to easements of record; and WHEREAS, The City of Andover has request an amendment to the Comprehensive Plan to change the land use district designation fÌ'om OS, Open Space to P, Public on approximately 40 acres at Andover City Hall located 1685 Crosstown Boulevard, legally described as follows: The Northeast Quarter of the Southeast Quarter of Section 22, Township 32, Range 24, Anoka County, Minnesota; subject to roads and easements of record; and Page Two CPA 98-03 RU & OS to P Section 22 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 reconunends to the City Council approval of the amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the reconunendation of the Planning and Zoning Commission and approves said amendment to the Comprehensive Land Use Plan with the following condition: 1. Approval by Metropolitan Council. Adopted by the City Council of the City of Andover on this 4th day of August, 1998. CITY OF ANDOVER ATTEST: tÁ/ I,¿¿ Victoria V olk, City Clerk ~-- co 0... - ø _0 . I co >. _ " ,0) « (1) -C =.~ ~ íl.,.... Eü E ~ '\'1 CJ) roZ"~ ~ \. N ~ "'0 - u.. .- "'0 '\""- ø:::: á:5Æëõ ( )~.ü) ~! Cñ E:g I g>ð <J) ------ "\ j ::J «.-;>, (j) '- 0:;, ~ 'I 0> Z :2.~ I- (l)E-!!! ¡ ã) ::J C:>ü (,)_C:",,- C "I' <I) « Om:> I- -.~ cu =a :e (j) 0 u.. 0... (1) (1) ",,~..a ( )" ( ) , - u..CI..... !..-.pJ , 0 (1)51; I- <J)::):2::2;_ <J)" ¡¡¡ <0 ____.... ¡ g~ r- > ~"tJ en:2 (ij ëü ro .æ ü m ro ::> (j __ ~ . . .- ~ ~ ;::; '" .- --'- () - rn ~ ( ) > 0 .J (1) ø'V ~( )~~~~ro Ü~ I _ C 0 ~ c: c: c: ( ) .- (I) "" u.. Õ ....J U'l/r Ii' 0, ro <J) WL.J...Q)Q)( )E.bo :JL-J '" II' 01 1 1 -"'0"'0-0 (I).-C:{)(1)-+-' Q) ~ : « -C CJ) ~ ,ij ,ij ,ij E ,,:¡; <J) .¡:: !ii -<:;!: f -A '^~ 0 0.. ' OeD... 0... ::J" <J) <J) <J) 0 <J " "- 0».2' en J- \...-I 0 ro I 0.00 Qa::a::a::a::üSO-o<c>a::, '" :2 O ð;;; Z [J····[J[]···,···'···,I~;<I~i.i~·lit¡ [J....'..'. r:-"','.l[J~ ~ ~ «, c'·. Z", ,,,,"' . , ".; Z I üa:::o ..J" ....".,..,. "::'J , , I " I ...... . ...... ' I ~, ~ / I ~ J ~ i i ì I , i I I I I I I I I I i I ! I i - CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 162-98 MOTION by Council member Orttel to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STORM SEWER. STREETS, FOR PROJECT 93-30, BUNKER LAKE BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 267,556.63 so that the total cost of the improvement will be $ 949,242.01 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 $ 465,967.41 the amount to be assessed against benefited property owners is declared to be $ 483,274.60 - 2. Assessments shall be payable in equal annual installments extending over a period of ~ years. The first of the installments to be payable on or before the 1st Monday in January 1999 , and shall bear interest at the rate of 7 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 Council member Dehn and adopted by the City Council at a regular meeting this ÆL day of Auqust , 19~, with Councilmembers Kniqht. Kunza, McKelvev (absent), Dehn, o rtte I voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER --..-. ATTEST: ~ ¡j,¿b Victoria Volk - City Clerk CITY OF ANDOVER I COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 163-98 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 93-30, BUNKER LAKE BOULEVARD SERVICE ROAD. WHEREAS, by a resolution passed by the City Council on August 4 , 19i1lL the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 93-30; and WHEREAS, the Clerk has notified the Council that such proposed assessment has been complete and filed in her office for public inspection. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. A hearing shall be held the 1 st day of September ,1998 at the Andover City Hall Council Chambers at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two week prior to the hearings. 3. The owner of any property so assessed may at any time prior to verification 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 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 November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 4th day of August , 19~, with Councilmembers_ Kniqht. Kunza, McKelvev (absent), Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOV I J . '1.: ATTEST: ~' V/~ ~ /Çh iA(/Jt-~ ~d¿¿ Michael Knight c~ti.6gftayd / Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 164-98 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF A UNDERPASS OR OVER ROAD CROSSING , PROJECT NO. 98-20 . WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically a underpass or over road crossinq ; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this 4th day of August, 19 98, with Councilmembers Dehn, Kniqht. McKelvev (absent), Orttel, Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: .~d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R165-98 A RESOLUTION APPOINTING JUDGES FOR THE PRIMARY ELECTION TO BE HELD IN THE CITY OF ANDOVER ON TUESDAY, SEPTEMBER 15, 1998. The City Council of the City of Andover hereby resolves: The persons as shown below are hereby appointed judges for the Primary Election to be held on Tuesday, September 15, 1998 in the City of Andover: Precinct #1 - Andover Fire Station #2 Sylvia Volk, Chief - Republican Richard Snyder - DFL Shirley Sanborn - Republican Sherry Buttweiler - Republican Kathryn Green - DFL Precinct #2 - Grace Lutheran Church Verna Hennen, Chief - Republican Virginia Engle - Republican Ann Lown - Republican ElRoy Angen - DFL Janet Conway - DFL Caroi Bradley - DFL' Gretchen Sabel DFL George Kerr - Reform Precinct #3 - Riverdale Assemblv of God Church Donald Olson, Chief - Republican Elaine Boos - Republican Mabel Ottenstroer - DFL Diane Patchen - DFL Terry Louie - DFL Alan Baertschi - Student Precinct #4 - Meadow Creek Church Terry VanNote, Chief - DFL Cindy Ryhn - Republican Barbara Collette - Republican Susan ,¥\'ood - Republican Carole Hibbard - Republican Mary May - DFL Precinct #5 - Bunker Hills Activities Center Mary West, Chief - DFL Harold Englen - DFL Kathy Royer - Republican Joan Libor - Republican Linda Louie - Republican Precinct #6 - Andover Elementary School Peggy Olson, Chief - Republican Mary Sullivan - Republican Eleanor Apel - DFL Edith Tray - Reform Sharon Thompson - Reform Kristin Schanhaar - Student Judge Precinct #7 - Family of Christ Lutheran Church Cindy Brostrom, Chief - DFL Susan Rylander - DFL Marlene Palm - DFL Loretta Boyum - Republican Lucy Schalwig - Republican Susan Beal - Republican Norma Johnson - Reform Adopted by the City Council of the City of Andover this 18th day of August, 1998. ClTY OF ANDOVER Attest: ~' { Jø~, t:~~ . E. McKelvey - Mayor ~dLú Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 166-98 MOTION by Counci/member Dehn to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND UTILITY CONSTRUCTION OF NIGHTINGALE PRESERVE AS BEING DEVELOPED BY NIGHTINGALE PROPERTIES, LLC. WHEREAS, the developer has completed the streets and utilities of Nightingale Preserve. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby approve the final street construction of Nightingale Preserve contingent upon providing the following: 1. Developer provide a 1 year performance bond or an escrow as determined by the City Engineer from the date of this resolution. Adopted by the City Council of the City of Andover this 18th day of August 19 98. CITY OF ANDOVER ATTEST: . ~, )J¡C/ J.E. McKelvey - Mayor ~ 1$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 167-98 A RESOLUTION DESIGNATING NO PARKING ON BOTH SIDES OF 148TH AVENUE NW FROM THE EAST PROPERTY LINE OF LOT 2, BLOCK 1 OF LUNDS EVERGREEN ESTATES TO JAY STREET NW LOCATED IN PINEWOOD ESTATES AND ALSO THE EAST SIDE OF LINNET STREET NW FROM THE SOUTH PROPERTY LINE OF LOT 1, BLOCK 3 TO 148TH AVENUE NW LOCATED IN LUNDS EVERGREEN ESTATES. 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 on both sides of 148th Avenue NW from the east property line of Lot 2, Block 1 of Lunds Evergreen Estates to Jay Street NW located in Pinewood Estates and also the east side of Linnet Street NW from the south property line of Lot 1, Block 3 to 148th Avenue NW located in Lunds Evergreen Estates. Adopted by the City Council of the City of Andover this 18th day of Auqust , 19 98. ATTEST: ' ~, þ¡v~ .E. McKelvey - Mayor ~ tI~L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 168-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 98-16 ,FOR SHADOWBROOK 4TH ADDITION. WHEREAS, pursuant to Resolution No. 148-98 ,adopted by the City Council on the 21st day of Julv, 19--.lliL, TKDA has prepared final plans and specifications for Project 98-16 for Shadowbrook 4th Addition. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of August ,19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, September 11 , 19 98 at the Andover City Hall. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this 18th day of Auqust ,1998,with Councilmembers Dehn, Knight. McKelvev, Kunza, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~.~, ìlt/(~ ~.E. McKelvey - Mayor ~ Iffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 169-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #3:. TO PROJECT NO. 96-15. PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Crosstown Masonry, Inc. of Ham Lake, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 18th day of Auqust ,19~, with Councilmembers Dehn, Knight. McKelvey. Kunza, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: .£. /;1&k; ~d/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 170-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING DEDUCT CHANGE ORDER #2.. TO PROJECT NO. 96-30, CHERRYWOOD ESTATES. WHEREAS, the City of Andover has a contract for Project No. 96-30 with Kober Excavatinq, Inc. of Elk River, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-30. MOTION seconded by Councilmember Knight and adopted by the City Council at a reqular meeting this 18th day of August ,19~, with Councilmembers Dehn, Knight. McKelvey, Kunza. Orttel voting in favor ofthe resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J~. ~~K~~y 1:6 iL~ ¡j~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 171-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO KOBER EXCAVATING, INC. FOR PROJECT NO. 96-30 FOR THE IMPROVEMENT OF CHERRYWOOD ESTATES. WHEREAS, pursuant to a written contract signed with the City of Andover on April 15. 1997, Kober Excavatinq. Inc. of Elk River, MN, has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 18th day of Auqust , 19~, with Councilmembers Dehn, Knight. McKelvev, Kunza. Orttel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ' { Me-!It .E. McKelvey - Mayor U~ /$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 173-98 A RESOLUTION APPROVING AN AGREEMENT RELATING TO PARKING RESTRICTIONS ON JAY STREET NW (MSA 198-118-01) BETWEEN COMMERCIAL BOULEVARD NW AND BUNKER LAKE BOULEVARD NW (CSAH 116), ANDOVER, MINNESOTA. THIS AGREEMENT, made and entered into this 18th day of August, 1998 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 Jay Street NW between Commercial Boulevard NW and Bunker Lake Boulevard 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 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 Jay Street NW between Commercial Boulevard NW and Bunker Lake Boulevard NW at all times unless hereafter authorized in writing by the Commissioner. Adopted by the City Council of the City of Andover this 18th day of Auqust , 1998. ATTEST: ~' t· Jrl(~ KÆ~ ~ tfrlb .E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R174-98 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE BULK STORAGE OF LIQUID FUELS AT ACE SOLID WASTE PURSUANT TO ORDINANCE NO.8, SECTION 4.26 ON PROPERTY LOCATED AT 3118 l62ND LANE NW (PIN 16-32-24-23-0023). WHEREAS, Ace Solid Waste has requested an Amended Special Use Permit to allow for the replacement of a 3,000 gallon underground storage tank with a temporary above ground 2,500 gallon storage tank pursuant to Ordinance No.8, Section 4.26 on property located at 3118 1 62nd Lane NW, legally described as follows: The east 250 feet of the west 650 feet of the south 433 feet of the north 2184.99 feet of the West Half of the Northwest Quarter of Section 16, Township 32, Range 24, Anoka County, Minnesota; 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 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 reconunends 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 reconunendation 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 Chief inspect the above-ground tank's installation. Page Two Amended SUP - Storage of Bulk Liquid Fuels Ace Solid Waste September 1, 1998 3) That a one year time limit be imposed rrom the adoption of this resolution for the removal ofthe proposed above-ground tank rrom the site. 4) That concrete bollards be installed around the tank. Adopted by the City Council of the City of Andover on this 1st day of September, 1998. CITY OF ANDOVER - { H1~ U ATTEST: .E. McKelvey, Mayor ~ tldb Victoria V olk, City Clerk CITY OF ANDOVER . COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO, 175-98 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF JBS LANDSCAPING AND IRRIGA TlON INC. TO ALLOW FOR HIE OPERATION OF A LANDSCAPING AND IRRIGATION BUSINESS (RETAIL TRADE AND SERVICES) ON THE PROPERTY LOCATED AT 13420 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS LOT 31, BLOCK 1, ECHO WOODS ADDITION. \VHEREAS, JBS Landscaping and Irrigation, Inc. has requested a Special Use Permit to allow for the operation of a landscaping and irrigation business (retail trade and services) on the property located at 13440 Hanson Boulevard NW, legally described as Lot 31, Block 1, Echo Woods 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 WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general weltàre of the occupants of the surrounding lands; the use will not depreciate surrounding property values; and the use is consistent 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 ZOlúng Commission to allow JBS Landscaping and Irrigation Inc., to operate a landscaping and irrigation business (retail trade and services) on the above described property with the following conditions: 1) No outside storage of landscaping and irrigation supplies or any other materials associated with the operation of the business shall be permitted. 2) 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 and site inspection by City Staff. Adopted by the City Council of the City of Andover 011 this 1st day ofSeotember, 1998. ATTEST: CITY OF ANDOVER .Lt~ d¿b ~ · ÌJ!. r\~ ' '¿. v Victoria Volk, City Clerk .E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 176-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-51 FOR HIDDEN CREEK NORTH PARK, HILLS OF BUNKER LAKE EAST PARK AND PINE HILLS PARK FOR FENCING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 154-98 , dated Auqust 4 , 1998, bids were received, opened and tabulated according to law with results as follows: Mid Metro $8,008.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Mid Metro as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Mid Metro in the amount of $8,008.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 1st day of September, 19jHL, with Councilmembers Kunza, Dehn. McKelvev. Knight (absent), Orttel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. ~ MC/~l~ ~tI$ U.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 177-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO INLAND UTILITY CONSTRUCTION FOR PROJECT NO. 97-7 FOR THE IMPROVEMENT OF CROWN POINTE EAST 2ND ADDITION. WHEREAS, pursuant to a written contract signed with the City of Andover on June 17. 1997, Inland Utility Construction of St. Michael. 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 Dehn and adopted by the City Council at a regular meeting this...1§L day of September , 19~, with Councilmembers Kunza. Dehn. McKelvev. Knight (absent), Orttel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~'. !/!~ f!;:; ~ /Jdb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 178-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-12 FOR WELL #7. WHEREAS, the City Council is cognizant of the need for Well #7; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Well #7, Project 97-12; 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 Dehn and adopted by the City Council at a regular meeting this...llt day of Sectember, 19~, with Councilmembers Kunza, Dehn, McKelvev, Kniqht (absent), Orttel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: a. {. Jnv~~ {IE. McKelvey - Mayor ~~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 179-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER ,PROJECT NO. 93-30, BUNKER LAKE BOULEVARD SERVICE ROAD. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 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, 19~ and shall bear interest at a rate of_ 7 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 Kunza and adopted by the City Council at a regular meeting this 1st day of September, 19--ªª-, with Councilmembers Kunza, Dehn, McKelvev, Knight (absent), Orttel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~. {)7)(; J!el~r .E. McKelvey - Mayor Lt~ tlrtb Victoria Volk - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 180-98 A RESOLUTION ADOPTING THE CITY OF ANDOVER 1999 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, 1998. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 1999 property tax levy totaling $4,112,417, of which $3,548,520 is for general operating purposes and is levied against all taxable property within the City of Andover, $16,629 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 $547,268 is for the repayment of bonded indebtedness as follows: 1991 Fire Station Bonds $ 321,768 1994 Certificate of Indebtedness $ 32,838 1995 Certificate of Indebtedness $ 192.662 Total $ 547.268 BE IT FURTHER RESOLVED that the City of Andover hereby establishes the prelimenary General Fund budget as follows: REVENUES EXPENDITURES Property Taxes $ 3,247,232 General Government $ 1,561,375 License and Permits 403,490 Public Safety 1,855,874 Intergovernmental Revenue 861,917 Public Works 2,512,629 Charges for Current Services 538,900 Other 62.514 Fines & Forfeits 43,500 Miscellaneous 201,400 Total $ 5.992.392 Transfers 695.953 Total 5.992.392 Adopted by the City of Andover this 1st day of September, 1998. CITY OF ANDOVER . t. JtJv t ATTEST: . E. McKelvey - Mayor ¡L t!d/ Victoria V olk - City Clerk , ';TATE 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. 180-98 adopting the 1999 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 1st day of September, 1998. Ú~ I!ød Victoria V olk - City Clerk '''' '.' I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R18l-98 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF HAKANSON ANDERSON ASSOCIATES ON PROPERTY OWNED BY MJB CUSTOM HOMES TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON LOT 13, BLOCK 4, SHADOWBROOK 2ND ADDITION, 329 139TH AVENUE NW (PIN 36-32-24-12-0029). WHEREAS, Hakanson Auderson Associates has requested to vacate the following portion of a drainage and utility easement at 329 139th Avenue NW, legally described as Lot 13, Block 4, SHADOWBROOK 2ND ADDITION: That part of the drainage and utility easement over, under and across the northerly 10.00 feet of Lot 13, Block 4, SHADOWBROOK SECOND ADDITION, Anoka County Minnesota, according to the recorded plat thereof described as follows: Commencing at the intersection of the south line of the northerly 10.00 feet of said Lot 13 and the easterly line of said Lot 13; thence North 62 degrees 59 minutes 23 seconds West, assumed bearing along the south line of the northerly 10.00 feet, a distance of37.21 feet to the actual point of beginning of the easement to be vacated; thence continue North 62 degrees 59 minutes 23 seconds West a distance of 12.32 feet; thence North 75 degrees 43 minutes 51 seconds West a distance of 12.01 feet; thence South 14 degrees 16 minutes 09 seconds West a distance of 2.72 feet to the point of beginning. 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 Audover; 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 Audover hereby grants the vacation ofthe drainage and utility easement as requested. Adopted by the City Council of the City of Audover on this 15th day of September, 1998. CITY OF ANDOVER , t. Þ,1¿ K.~ ATTEST .E. McKelvey, Mayor ILL 1£/£ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R182-98 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF GARY ROBIDEAU TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON LOT 21, BLOCK 1, THE MEADOWS OF ROUND LAKE, 3922 1 46TH LANE NW (pIN 29-32-24-23-0011). WHEREAS, Gary Robideau has requested to vacate a portion of a drainage and utility easement at 3922 l46th Lane NW, legally described as Lot 21, Block 1, THE MEADOWS OF ROUND LAKE, legally described as follows: Commencing at the southeast corner of Lot 21, Block 1, THE MEADOWS OF ROUND LAKE, Anoka County, Minnesota; thence North 25 degrees 57 minutes 18 seconds West, assumed bearing, along the east line of said lot 85.00 feet; thence South 57 degrees 22 minutes 47 seconds West 40.00 feet; thence South 89 degrees 40 minutes 39 seconds West 48.5 feet to the point of beginning of the land to be herein de$çri~~~; thylwe South 0 degrees 19 minutes 21 seconds East 28.00 feet; thence South 89 degrees 40 minutes 39 seconds West 14.0 feet; thence North 0 degrees 19 minutes 21 seconds West 33.69 feet; thence South 58 degrees 01 minutes 03 seconds East 10.65 feet; thence North 89 degrees 40 minutes 39 _seconds East 5.0 feet to the point of beginning and 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. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation ofthe drainage and utility easement as requested. Adopted by the City Council of the City of Andover on this 15th day of September, 1998. CITY OF ANDOVER . t mv~~ ATTEST .E. McKelvey, Mayor d{t,~, IJ..¿b Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R183-98 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR TIlE BULK STORAGE OF LIQUID FUELS PURSUANT TO ORDINANCE NO.8, 15421 ROUND LAKE BOULEVARD NW (pIN 21-32-24-23-0001). WHEREAS, Ed Fields and Sons has requested an Amended Special Use Permit for the installation of a 1,000 gallon underground waste oil storage tank pUrSUa!lt to Ordinance No.8, Section 4.26011 property located at 15421 Round Lake Blvd. NW, legally described as follows: The Southwest Quarter of the Northwest Quarter of Section 21, Township 32, Range 24, Anoka County, :Minnesota; except west 209 feet of the north 418 feet of the south 965 feet thereof; also except that part described as follows: Beginning at the Southwest comer of said quarter quarter; thence north along west line thereof 100 feet; thence east, parallel with the south line of said quarter quarter 238 feet; thence south, parallel with said west line to said south line; thence West along said south line to point of beginning; also except that part described as foHows: Commencing at the Southwest comer thereof; thence north along west line of said quarter quarter 200 feet to point of beginning; thence continuing north along said west line 100 feet; thence east, parallel with south line of said quarter quarter 188 feet; thence south, parallel with said west line 100 feet; thence west, parallel with said south line 188 feet more or less to point of beginning; except road; subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has detennined that said request meets the criteria of Ordinance No.8, Section 4.26; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, 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 ofthe Amended Special Use Permit as requested. Page Two Amended SUP - Storage of Bulk Liquid Fuels Ed Field's and Sons September 15, 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 and approves the Amended Special Use Permit on said property with the following conditions: I) 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 tank removal and installation. 3) That the Amended Special Use Pennit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 4) That the Amended Special Use Permit shall be subject to annual review. Adopted by the City Council of the City of Andover on this 15th day ofSeDtember, 1998. CITY OF ANDOVER . cz. ?JJ&~ ATTEST: .E. McKelvey, Mayo ~~ ¡j~ Victoria V olk, City Clerk COUNTY OF ANOKA , , STATE OF MINNESOTA RES. NO. R 184-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF LANGFELD'S OAKRIDGE ESTATES, AS BEING DEVELOPED BY WILLIS LANGFELD ,IN SECTION 15-32-24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of Langfeld's Oakridqe Estates ; and WHEREAS, the Developer has presented the final plat of Langfeld's Oakridge 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 Langfeld's Oakridqe 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. L 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 Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 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 8, Section 6.02 for the following: A. Lot width variance of twenty-four (24') feet on Lot 1, Block 1. B. Lot area variance of .03 acres for Lot 1, Block 1. C. Lot width variance of twenty-five (25') feet for Lot 4, Block 1 10. Variance from Ordinance NO.1 0, Section 9.03(G) as the length of the cul-de-sac exceeds the maximum 500' requirement by 400 feet. 11. The "16.5' strip of land lying north and west of the plat being conveyed, combined to an adjacent parcel and recorded prior to the recording of the final plat. Adopted by the City Council of the City of Andover this _15th day of September ,19 98. CITY OF ANDOVER ATTEST: tkL t/Jt Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 185-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98-16 FOR SHADOWBROOK 4TH ADDITION FOR SANITARY SEWER. WATER MAIN. STREETS AND STORM SEWER. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 168-98 , dated Auqust 18 ,1998, bids were received, opened and tabulated according to law with results as follows: C.W. Houle, Inc. $293,755.30 Richard Knutson, Inc. $309,618.29 Latour Construction, Inc. $310,432.15 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 $293,755.30 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 Dehn and adopted by the City Council at a reqular meeting this 15th day of September , 19~, with Councilmembers Kunza. Dehn, McKelvev, Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ç, 5!. I7kX~, U.E. McKelvey - Mayor rJ ~ (/dL Victoria Volk - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 186-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-12 ,FOR WELL #7. WHEREAS, pursuant to Resolution No. 178-98 ,adopted by the City Council on the 1st day of September, 19~, the TKDA has prepared final plans and specifications for Project 97-12 for Well #7 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 15th day of September ,19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, October 15 , 19 98 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 15th day of September , 19 98 , with Councilmembers Kunza. Dehn, McKelvev, Kniqht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: a æ )JJv~ ¿;;a.E. McKelvey - May iLilg Victoria Volk - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R187-98 A RESOLUTION AUTHORIZING THE QUESTION OF THE CITY ISSUING GENERAL OBLIGATION BONDS IN THE AMOUNT NOT TO EXCEED $3,749,500 TO PROVIDE FUNDS FOR THE IMPROVEMENT OF EXISTING CITY PARKS TO BE PLACED ON THE BALLOT FOR NOVEMBER 3,1998. WHEREAS, the Park and Recreation Commission has held a public information-input meeting to discuss the improvement of the existing park system; and WHEREAS, the public comments indicated a need for the improvement to the existing park system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to direct the City Clerk to prepare election ballots according to law with the following question: "Shall the City of Andover, Minnesota be authorized to issue and sell its general obligation bonds in the amount not to exceed $3,749,500 to provide funds for the improvement of existing City parks?" "BY VOTING 'YES' ON THIS BALLOT QUESTION, YOU ARE VOTiNG FOR A PROPERTY TAX INCREASE." Adopted by the City Council of the City of Andover this 15th day of September, 1998. CITY OF ANDOVER ATTEST: j. ~,he, k~ if. E. McKelvey - Mayor II iLÞA~ d/L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 188-98 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98-11 FOR JAY STREET NW FOR STREET RECONSTRUCTION, STORM SEWER. SANITARY SEWER AND WATERMAIN. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 157-98 , dated August 4 , 1998, bids were received, opened and tabulated according to law with results as follows: Forest Lake Contracting, Inc. $357,640.50 Hardrives, Inc. $385,553.95 North Valley, Inc. $402,539.80 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Forest Lake Contracting, 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 Forest Lake Contractinq, Inc. in the amount of $357,640.50 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Kniqht and adopted by the City Council at a reqular meeting this 15th day of September, 19-ª!L, with Councilmembers Kunza, Dehn, McKelvev, Kniqht. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ . { me- JÇf!¡¡ ~ . J.E. McKelvey - May I.u- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 189-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING RENEWAL OF THE CHARITABLE GAMBLING PERMIT FOR THE ANDOVER LIONS CLUB TO CONDUCT A PULL TAB OPERA nON AT POV'S SPORTS BAR AND GRILL, 1851 BUNKER LAKE BOULEVARD NW, ANDOVER, MN. WHEREAS, the Andover Lions Club has submitted an application to the City of Andover and the State Charitable Gambling Board for renewal of their permit to operate charitable gambling at Pov's Sports Bar and Grill, 1851 Bunker Lake Boulevard NW, Andover, MN. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a charitable gambling license for the Andover Lions Club to operate a pull tab operation at Pov's Sports Bar and Grill be approved for a period of two years beginning January 1, 1999. MOTION seconded by Councilmember Dehn and adopted by the City Council at a special meeting this 29th day of September. 1998_ with Councilmembers Knight, Dehn. McKelvev. Orttel. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: ~¡/~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R190-98 A RESOLUTION APPOINTING JUDGES TO SERVE FOR THE NOVEMBER 3, 1998 GENERAL ELECTION IN THE CITY OF ANDOVER, MINNESOTA. The City Council of the City of Andover hereby ordains: The persons as shown below are hereby appointed judges for the General Election to be held Tuesday, November 3,1998 in the City of Andover: Precinct #1 - Fire Station #2 Sylvia Volk, Chief - Republican Jan Gilpin - Republican Kathryn Green - DFL Shirley Sanborn - Republican Richard Snyder - DFL Precinct #2 - Grace I"utlwra/1 Church Verna Hennen, Chief - Republican Carol Bradley - DFL Janet Conway - DFL Virginia Engle - Republican George Kerr - Reform Gretchen Sabel- DFL Marie Ramo - DFL Beverly Fleischer - Republican Pam Forcier - Republican preci/1ct #3 - Riverdale Assembly of God Don Olson, Chief - Republican Alan Baertschi - Student Elaine Boos - Republican Terry Louie - DFL Mabel Ottenstroer - DFL Diane Patchen - DFL ( Precinct #4 - Meadow Creek Church Terry VanNote, Chief - DFL Barbara Collette - Republican Carole Hibbard - Republican Mary May - DFL Cindy Ryhn - Republican Lynn St. John - DFL Susan Wood - Republican precinct #5 - Bunker Hills Activity Center Marv West, Chief - DFL " Elroy Angen - DFL Joan Libor - Republican Kathy Royer - Republican Julie Trude - DFL Harold Englen - DFL Linda Louie - Republican Precinct #6 - Andover Elementa11l School Peggy Olson, Chief - Republican Dave Almgren - DFL Eleanor Apel - DFL Kristin Schanhaar - Student Mary Sullivan - Republican Sharon Thompson - Reform Edith Tray - Reform Precinct #7 - Familll of Christ Lutheran Church Cindy Rostrom, Chief - DFL Susan Beal - Republican Loretta Mary Boyum - Republican Norma Johnson - Reform Marlene Palm - DFL Susan Rylander - DFL Lucy Schalwig - Republican Adopted by the City Council of the City of Andover this 6th day of October, 1998. ClTY OF ANDOVER Attest: & (, ~~4 ~tf~ . E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 191-98 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ÆRRY'S PLUMBING, INC. TO ALLOW FOR THE OPERATION OF A PLUMBING BUSINESS (RETAIL TRADE AND SERVICES) ON THE PROPERTY LOCATED AT 13416 HANSON BOULEVARD NW, LEGALLY DESCRIBED AS LOT 31, BLOCK I, ECHO WOODS ADDITION. WHEREAS, Jerry's Plumbing, Inc. has requested a Special Use Penn it to allow for the operation of a plumbing business (retail trade and services) on the property located at 13416 Hanson Boulevard NW, legally described as Lot 31, Block 1, Echo Woods 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 WHEREAS, the Planning and Zoning Commission fmds the proposed use will not be detrin1ental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not depreciate surrounding property values; and the use is consistent 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 Pennit 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 Jerry's Plumbing, Inc. to operate a plumbing business (retail trade and services) on the above described property with the following conditions: I) No outside storage of vehicles, supplies or any other materials associated with the operation ofthe business shall be pennitted. 2) The Special Use Penn it shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(0). 3) The Special Use Penn it shall be subject to annual review and site inspection by City Staff. Adopted by the City Council of the City of Andover on this 6th day of October, 1998. A TrEST: CITY OF ANDOVER d,t;-,~ (/,,£ú ßLelð./(~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 192-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO RICHARD KNUTSON, INC. FOR PROJECT NO. 97-8 FOR THE IMPROVEMENT OF CHESTERTON COMMONS. WHEREAS, pursuant to a written contract signed with the City of Andover on September 2, 1997, Richard Knutson, Inc. of Savaqe, MN, has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's receipt in full. MOTION seconded by Council member Knight and adopted by the City Council at a regular meeting this 6th day of October , 19~, with Councilmembers Dehn. Kniqht. McKelvev, Kunza, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Æ: !Ke(!:;-!~ (U.ù.; ddb Victoria Volk - City Clerk .-..., CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 193-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT 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 AREA OF CAMBRIDGE ESTATES. WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council approved the feasibility study on Mav 19, 1998 and declared the improvement feasible for an estimated cost of $ 664,950.00 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 the sum of $ 99,700.00 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 ~ day of October ,19~, with Councilmembers Dehn, Knight. McKelvev, Kunza, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. t, Jtk Jr:b {.d.E. McKelvey - Mayor iL~ Ó& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 194-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #í TO PROJECT NO. 94- 33B, COMMERCIAL BOULEVARD NW EXTENSION CONTAMINATED SOIL AND DEBRIS REMOVAL (PART 1). WHEREAS, the City of Andover has a contract for Project No. 94-33B with Belair Excavating of New Briqhton, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-33B. MOTION seconded by Council member Knight and adopted by the City Council at a reqular meeting this 6th day of October , 19~, with Councilmembers Dehn, Kniqht. McKelvev, Kunza. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: q, f m,--kfld~7 fÍ.E. McKelvey - Mayor iL;t~ (/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 195-98 MOTION by Council member Dehn to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 98-25 FOR CROSSTOWN BOULEVARD NW BIKEWAYMJALKWAY IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for Crosstown Boulevard NW BikewayMJalkway Improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of FOR Crosstown Boulevard NW Bikeway/Walkway Improvements, Project 98-25; and BE IT FURTHER RESOLVED by the City Council to hereby direct the -ºili 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 6th day of October, 19~, with Councilmembers Dehn, Knight. McKelvev. Kunza, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ' { ,Me.- ~ ()v& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 196-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO. 94-6 , IN THE 14590 BLUEBIRD STREET NW AREA. WHEREAS, the City Council has received a petition, dated Julv 21,1997, 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 6th day of October ,19 98, with Councilmembers Dehn, Knight. McKelvev, Kunza, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: cA: ~~K~~ -f~ Ú~ 11$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 197-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO. 94-6 , IN THE 1408 - 146TH LANE NW AREA. WHEREAS, the City Council has received a petition, dated April 15, 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 -0- 3. The City Clerk will contact Anoka County to have the assessment levied to the property. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this 6th day of October ,19 98, with Councilmembers Dehn, Kniqht. McKelvev, Kunza, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ t. ML-¥b /.I.E. McKelvey - Mayor Lt~ ilI£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 198-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , FOR PROJECT 97-50, 14314 CROSSTOWN BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 8.422.20 so that the total cost of the improvement willbe$ 8.422.20 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 $ 8.422.20 2. Assessments shall be payable in equal annual installments extending over a period of JL. years. The first of the installments to be payable on or before the 1st Monday in January 1999 , 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 -º1L day of October, 19~, with Councilmembers Dehn, Knight. McKelvev, Kunza, Orttel 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 ¡f~ ðrt£ Victoria Volk - City Clerk ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 199-98 MOTION by Council member Orttel to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF STREET LIGHTING, PROJECT NO. 98-24 IN THE RED OAKS MANOR 4TH ADDITION AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically street lightinq in the following described area: Red Oaks Manor 4th Addition; and WHEREAS, the City Council proposes to assess the benefitting property for all or a portion of the costs of the improvement, pursuant to Minnesota Statutes 429. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council is cognizant of the need for improvements. 2. The proposed improvement is hereby referred to the Citv Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 6th day of October, 19 98, with Councilmembers Dehn. Knight. McKelvev, Kunza. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~' t. Þ?<>-!(~t-4 .E. McKelvey - Mayor 'I tLdð Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 200-98 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF DELINQUENT SEWER, WATER AND/OR STREET LIGHT CHARGES WHEREAS, in accordance with City Ordinances 32, 55 and 86 a listing of delinquent sewer, water and/or street light charges has been prepared. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. A hearing shall be held the 4th day of November, 1998, at City Hall at 7:00 P,M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing. The Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll no less than two weeks prior to the meeting. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole assessment with no interest. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a regular meeting this 6th day of October ,19-ªª-, with Councilmembers Dehn, Knight. Kunza, Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Ii ~. Me- ~~ :J.E. McKelvey - Mayor L_-éu~ ¡jg Victoria Volk - City Clerk CITY OF ANDOVER I COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 201-98 MOTION by Councilmember Orttel 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 $ 32,676.36 exist as of September 30, 1998; 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 $ 32,676.36 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 1999, 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 Kniqht and adopted by the City Council at a regular meeting this 6th day of October , 19 98 , with Councilmembers Dehn. Knight. Kunza. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: jJ t ~~~~ ~ ÓvLb ¿:/j'.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 202-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN PROJECT NO. 97- 50,14314 CROSSTOWN BOULEVARD NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of ~ years, the first of the installments to be payable on or before the 1st Monday in January, 19-.lliL 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 Kunza and adopted by the City Council at a regular meeting this 20th day of October ,19~, with Councilmembers Dehn, Kunza, McKelvev, Orttel, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~. tm~K.~ J.E. McKelvey - Mayor &~¿¡~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 203-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-----L TO PROJECT NO. 98-4, 1998 Sealcoating. WHEREAS, the City of Andover has a contract for Project No. 98-4 with Allied Blacktop Co. of Maple Grove. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 98-4. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 20th day of October , 19~, with Councilmembers Dehn, Kunza, McKelvey, Orttel. Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: g f. M~~~ ;J.E. McKelvey' - Mayor iLL drtú Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 204-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO Allied Blacktop Co. FOR PROJECT NO. 98-4 FOR THE IMPROVEMENT OF Sealcoating IN THE FOLLOWING AREA: Zone 3 WHEREAS, pursuant to a written contract signed with the City of Andover on April 7, 1998, Allied Blacktop Co. of Maple Grove . 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 Kunza and adopted by the City Council at a regular meeting this 20th day of October , 19~, with Councilmembers Dehn, Kunza, McKelvey, Orttel, Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: p.. { hkK4 /J.E. McKelvey - Mayor ¡{;t;~ d¿Þ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 205-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 98-22 FOR Well#7. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 186 -98 , dated September 15 ,1998, bids were received, opened and tabulated according to law with results as follows: E.H. Renner and Sons $79,740.00 Keys Well Drilling Co. $99,870.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate E.H. Renner and Sons as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with E.H. Renner and Sons in the amount of $ 79,740.00 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 Kunza and adopted by the City Council at a regular meeting this 20th day of October, 19.illL, with Councilmembers Dehn, Kunza, McKelvev, Orttel, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß. t. J1k}(~ f.J.E. McKelvey - Mayor tLj;;;,J d$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R206-98 A RESOLUTION AMENDING RESOLUTION NO. 187-98 ON THE QUESTION OF THE CITY ISSUING GENERAL OBLIGATION BONDS IN THE AMOUNT NOT TO EXCEED $3,749,500 TO PROVIDE FUNDS FOR THE IMPROVEMENT OF EXISTING CITY PARKS TO BE PLACED ON THE BALLOT FOR NOVEMBER 3, 1998. WHEREAS, the City Council approved Resolution No, 187-98 on September 3, 1998; and WHEREAS, Resolution 187-98 set forth the requirements for the election relating to the ballot question; and WHEREAS, Minnesota Statutes, Section 275.61 requires the increased levy as a percentage of market value to be included in the ballot question, NOW, THEREFORE, BE IT RESOLVED that the City Clerk be authorized and directed to prepare election ballots according to law subrrùtting the following ~vised questions to the voters on November 3, 1998: "Shall the City of Andover, Minnesota be authorized to issue and sell its general obligation bonds in the amount not to exceed $3,749,500 to provide funds for the improvement of existing City parks?" "BY VOTING 'YES' ON THJS BALLOT QUESTION, YOU ARE VOTING FOR A PROPERTY l' AX INCREASE". "The maximum amount of the increased levy as a percentage of market value is .0474%, The amount that will be raised by the referendum in the first year (2000) it is to be levied is $420,000.00." Adopted by the City Council of the City of Andover this 20th day of October,_ 1998. CITY OF ANDOVER ATTEST: fur þ¡c,¡¿~ . E. McKelvey - Mayo ~d¿¿ Victoria Volk - City Cierk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R207-98 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF JAMES SHEPARD ON PROPERTY OWNED BY PAUL MITCHELL PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MlNIMUM LOT REQUIREMENTS AT 1094 l4lST LANE NW, LOT 19, BLOCK 1, WEYBRIDGE 2ND ADDITION (PIN 26-32- 24-43-0016) WHEREAS, James Shepard has requested a lot split and variance on property owned by Paul Mitchell pursuant to Ordinance No. 40 and varying ftom the provisions of Ordinance No.8, Section 6.02, Minimum Lot Size Requirements on property located at 1094 l4lst Lane NW, Lot 19, Block 1, WEYBRIDGE 2ND ADDITION legally described as follows: The most easterly 4.00 feet of Lot 19, Block 1, WEYBRIDGE 2ND ADDITION, Anoka County, Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has deternñned that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the Planning and Zoning Commission 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 reconunends 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 reconunendation 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 join the proposed remnant parcel of Lot 19, Block 1 WEYBRIDGE 2ND ADDITION to Lot 18, Block 1, WEYBRIDGE 2ND ADDITION so that it cannot be sold separately. Page Two Lot SplitWariance 1094 141 st Lane NW November 4, 1998 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 4th day of November, 1998. CITY OF ANDOVER ATTEST: UA~) j¿¿ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R208-98 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF ANDREW KRlNITSYN PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM LOT REQUIREMENTS AT 4440 l45TH LANE NW, LOT 7, BLOCK 1, DOSTALER- HANE ADDITION (pIN 30-32-24-24-0008) WHEREAS, Andrew Krinitsyn has requested a lot split and variance pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 6.02, Minimum Lot Size Requirements on the proposed remnant parcel and varying 35' from the minimum lot width requirement on the remaining parcel on property located at 4440 l45th Lane NW, Lot 7, Block 1, DOSTALER-HANE ADDITION, said lot split encompassing approximately 60 feet of frontage on l45th Lane NW and 3,900 square feet; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the Planning and Zoning Commission 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 ofthe 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 join the proposed remnant parcel of Lot 7, Block 1 DOST ALER-HANE ADDITION to Lot 8, Block 1, DOST ALER-HANE ADDITION so that it cannot be sold separately. 2) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Page Two Lot Split\Variance 4440 l45th Lane NW November 4, 1998 3) That a survey of the proposed lot split be submitted to the city for approval. Adopted by the City Council of the City of Andover on this 4th day of November. 1998. CITY OF ANDOVER ATTEST: J./~t:;¿:./ fJ,¿b Victoria Volk, City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R209-98 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF BRUCE OLSON PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM LOT REQUIREMENTS AT 4464 l45TH LANE NW, LOT 8, BLOCK 1, DOSTALER- HANE ADDITION (pIN 30-32-24-24-0009) WHEREAS, Bruce Olson has requested a lot split and variance pursuant to Ordinance No. 40 and varying trom the provisions of Ordinance No.8, Section 6.02, Minimum Lot Size Requirements on the proposed remnant parcel on property located at 4464 l45th Lane NW, Lot 8, Block 1, DOSTALER-HANE ADDITION, encompassing approximately the eastern 75 feet totaling approximately 3,900 square feet of property; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the Planning and Zoning Commission 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 join the proposed remnant parcel of Lot 8, Block 1 DOSTALER-HANE ADDITION to Lot 8, Block 1, DOSTALER-HANE ADDITION so that it cannot be sold separately. 2) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). Page Two Lot SplitWariance 4464 l45th Lane NW November 4, 1998 3) That a survey of the proposed lot split be submitted to the City for approval. Adopted by the City Council of the City of Andover on this 4th day of November, 1998. CITY OF ANDOVER ,r. In,, J{; ATTEST: .E. McKelvey, Mayo tLt;A/ /(ffi Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R2l0-98 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR THE BULK STORAGE OF LIQUID FUELS PURSUANT TO ORDINANCE NO.8, SECTION 4.26 FOR RlCCAR HEATING AND AIR CONDITIONING AT 2387 COMMERCIAL BOULEVARD NW LEGALLY DESCRIBED AS LOT 1, BLOCK 1, ANDOVER COMMERCIAL PARK (PIN 34-32-24-32-0009). WHEREAS, Riccar Heating and Air Conditioning has requested a Special Use Permit for the installation of a 2,000 gallon above ground storage tank pursuant to Ordinance No.8, Section 4.26 on property located at 2387 Commercial Blvd. NW, legally described Lot 1, Block 1, ANDOVER COMMERCIAL PARK; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 4.26; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, 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 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 Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 3) That the Special Use Permit shall be subject to annual review. Page Two SUP - Storage of Bulk Liquid Fuels Riccar Heating and Air November 4, 1998 4) That concrete bollards be placed around the tank to prevent collision. 5) That tank be screened from the view of Bunker Lake Blvd. NW. Adopted by the City Council of the City of Andover on this 4th day of November, 1998. CITY OF ANDOVER , t )nc.-fr'. ATTEST: .E. McKelvey, Mayor tL·t;;~/ (/~ Victoria Yolk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R211-98 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE ERECTION OF TEMPORARY CLASSROOMS PURSUANT TO ORDINANCE NO.8, SECTION 7.03 FOR FAMILY OF CHRIST CHURCH LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15-32-24-42-0006). WHEREAS, Family of Christ Church has requested an Amended Special Use Pennit for the erection oftwo temporary classroom trailers pursuant to Ordinance No.8, Section 7.03 on property located at 16045 Nightingale Street NW (pIN 15-32-24-42- 0006), legally described as follows: That 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 ofCSAH 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 ofthe 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 4.26; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, 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 ofthe 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 obtain all necessary building permits. Page Two ASUP - Temp. Classrooms Family of Christ Church November 4, 1998 2) That the temporary classrooms remain on the site no longer than two years rrom the adoption ofthis resolution. 3) That the Amended Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 4) That the trailers be inspected by the Fire Chief to ensure compliance of all fire codes. Adopted by the City Council ofthe City of Andover on this 4th day of November, 1998. CITY OF ANDOVER ATTEST: IL~ ()JL Victoria V olk, Çity Clerk "." CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA lUES. t<0. Fl2l2-98 A IUESOLUTIOt< AMENDING THE COMPIUEHEt<SIVE LAND USE PLAN OF THE CITY OF ANDOVER TO CHANGE THE LAND USE DISTRICT DESIGNATIOt< FROM I, INDUSTRY TO C, COMMERCIAL FOR ANDOVER STATIOt< LOCATED IN THE SOUTH HALF OF SECTIOt< 34 BY THE CITY OF ANDOVER. WHEIUEAS, The City of Andover has petitioned for an amendment to the Andover Comprehensive Land Use Plan to change the land use district designation fTom I, Industry to C, Commercial at Andover Station generally located south of Bunker Lake Blvd., between Thrush Street and Jay Street, legally described as follows: The following land located in the Section 34, Township 32, Range 24, Anoka County, Minnesota: The t<orthwest Quarter of the Southeast Quarter, together with the t<ortheast Quarter of the Southwest Quarter, together with the t<ortheast Quarter ofthe t< orthwest Quarter of the Southwest Quarter. WHEREAS, the Planning and ZOIÚng 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 ZOIÚng Commission recommends to the City Council approval of the amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation ofthe Planning and ZOIÚng Commission and approves said amendment to the Comprehensive Land Use Plan with the following condition: 1. Approval by Metropolitan Council. Adopted by the City Council of the City of Andover on this 4th day oft<ovember, 1998. CITY OF ANDOVER ATTEST: LiiuJ d~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 213-98 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND UTILITY CONSTRUCTION OF ECHO HILLS 2ND ADDITION AS BEING DEVELOPED BY ROBERT HELlKER. WHEREAS, the developer has completed the streets and utilities of Echo Hills 2nd Addition. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby approve the final street construction of Echo Hills 2nd Addition contingent upon providing the following: 1. Developer provide a 1 year performance bond or an escrow as determined by the City Engineer from the date of this resolution. Adopted by the City Council of the City of Andover this ~ day of November , 19 98. CITY OF ANDOVER ATTEST: a 1. Ìlk K:l~ Vi.E. McKelvey - Mayo ~tf4 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 214-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO BAUERL Y BROTHERS FOR PROJECT NO. 98-13 FOR THE IMPROVEMENT OF FOX MEADOWS. WHEREAS, pursuant to a written contract signed with the City of Andover on Auaust 4, 1998, Bauerlv Brothers of Sauk Rapids. MN, has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this 4th day of November , 19~, with Councilmembers Kniqht. Dehn, McKelvev. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: C&. !'Kel~~fa~ rf~ ¡j¿¿. Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 215-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREETS, FOR PROJECT 98-13/98-13A, FOX MEADOWS. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $92,255.40, the expenses incurred or to be incurred in the making of such improvement amount to $ 31,683.20 so that the total project cost of the improvement will be $123,938.60. 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 123,938.60 2. Assessments shall be payable in equal annual installments extending over a period of J.º- years. The first of the installments to be payable on or before the 1st Monday in January 1999 , and shall bear interest at the rate of _ º--percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this Æ!:l..- day of November , 19~, with Councilmembers Knight. Dehn, McKelvey, Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ß{ )¡;?~ C<f.E. McKelvey - Mayor (l4~ ¡)dt-- Victoria Volk - City Clerk --." CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 216-98 MOTION by Councilmember Knight to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 98-13/98-13A. FOX MEADOWS WHEREAS, by a resolution passed by the City Council on November 4, 19~, the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 98-13/98-13A. Fox Meadows WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota: 1. A hearing shall be held the 1st day of December, 1998 ,in the City Hall at _ 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvements will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of improvement. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged of the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this 4th day of November ,19~, with Councilmembers Knight. Dehn, McKelvev, Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . 1, kt ~ [/~£ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 217-98 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION HELD ON THE 3RD DAY OF NOVEMBER 1998 IN THE CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA. The Municipal Election was held in and for the City of Andover on the 3rd day of November 1998, and was in all respects duly and legally canvassed; and the votes ïeceived for each candidate are shown on the attached. The following are hereby declared and certified as those elected: Mayor - Jack McKelvey (2 year term) Councilmembers - Don Jacobson, Julie Johnson (4 year terms) It is hereby found and determined that at the Municipal Election upon the folloViing question, "Shall the City of Andover, Minnesota be authorized to issue and sell its general obligation bonds in the amount not to exceed $3,749,500 to provide funds for the improvement of existing City Parks?" the question is hereby declared not passed. The summary of the voter results are hereby attached and made part of this resolution. MOTION seconded by Councilmember Knight arld adopted by the City Council at a Regular meeting the 4th day of November. 1998 with Councilmembers Dehn, Orttel, McKelvey Knight, Kunza (absent). . . , voung III favor of the resolutIon, and CouncIimembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Artest: ~ (ilL Victoria Volk. 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'<0" :¡ /D ..... ¡¡¡ 0 ~~......Io.~~-1.....II. 0 Ò> OCO.....Q).þ......N :¡ co CD 0 w.....N'....0 CIJ .... 'co .....·N co "".... 0 z c: 3 me" CI /D - ... g"g, In C/) "C 2. W CD W VJ Q) .þ. 01 .þ.' Q) .þ. 0. co ......,(.ù~.þ....Jo,·wO· CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R2l8-98 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF JIM SHEPARD TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON LOTS 17 AND 18, BLOCK 1, WEYBRlDGE 2ND ADDITION, 14135 VALE STREET NW AND 1082 l4lST LANE NW (PIN 26-32-24-43-0014, 0015). WHEREAS, Jim Shepard has requested to vacate a portion of a drainage and utility easement between 14135 Vale Street NW and 1082 l4lst Lane, legally described as Lots 17 and 18, Block 1, WEYBRlDGE 2ND ADDITION, respectively, legally described as follows: Vacation of a ten foot drainage and utility easement centered upon the following described line: Commencing at the southeast corner of Lot 17, Block I, WEYBRIDGE 2ND ADDITION, Anoka County, Minnesota; thence North 01 degrees 02 minutes 10 seconds East, assumed bearing along the easterly boundary of said plat 77.84 feet; thence North 88 degrees, 57 minutes, 50 seconds West, assumed bearing, 90.47 feet to the point of beginning of the line described herein; thence South 44 degrees, 53 minntes, 57 seconds East, assumed bearing, to the intersection with the southern boundary of said lot, said line thence tenuinating; except the most sonthern 10 feet of said Lot 17, and Lot 18, Block I, WEYBRIDGE 2ND ADDITION. 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 with the following conditions: 1) Approval of Lot Split\Variance 98-03. 2) Dedication of a drainage and utility easement along the newly created property line of Lot 17, Block 1 WEYBRlDGE 2ND ADDITION. Adopted by the City Council of the City of Andover on this 4th day of November, 1998. CITY OF ANDOVER .1.mc--~ ATTEST .E. McKelvey, May r Uw (j;-/b Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R2l9-98 A RESOLUTION GRANTING THE LOT SPLIT AND VARIANCE REQUEST OF JAMES SHEPARD ON PROPERTY OWNED BY EDWIN SPARR PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, M1NIMUMLOTREQUIREMENTS AT 14135 VALE STREET NW, LOT 17, BLOCK 1, WEYBRIDGE 2ND ADDITION (pIN 26-32-24-43-0014) WHEREAS, James Shepard has requested a lot split and variance on property owned by Edwin Sparr 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 14135 Vale Street NW, Lot 17, Block 1, WEYBRIDGE 2ND ADDITION legally described as follows: That part of Lot 17, Block 1 WEYBRIDGE 2ND ADDITION, Anoka County, Minnesota lying southerly of the following described line: Commencing at the most southeasterly comer of said Lot 17, Block 1; thence on a plat bearing of North 01 degrees 02 minutes 10 seconds East, along the easterly boundary of WEYBRIDGE 2ND ADDITION, the record distance 0£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 of50.00 feet; thence continuing on last described bearing a distance of 40.47 feet, to the intersection with a line bearing North 44 degrees 53 minutes 57 seconds West, said line being the most easterly boundary of Lot 18 Block 1, WEYBRIDGE 2ND ADDITION and said line there terminating. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions ofthe Ordinance; 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. Page Two Lot SplitWariance 14135 Vale Street NW November 4,1998 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 and approves the lot split\variance on said property with the following conditions: 1) That a covenant be filed to join the proposed remnant parcel of Lot 17, Block 1 WEYBRIDGE 2ND ADDITION to Lot 18, Block 1, WEYBRIDGE 2ND ADDITION so that it cannot be sold separately. 2) That a portion of the 10 foot drainage and utility easement between the proposed remnant parcel of 17, Block 1, WEYBRIDGE 2ND ADDITION and Lot 18, Block I, WEYBRIDGE 2ND ADDITION be vacated. 3) That a drainage and utility easement be dedicated to the City of Andover along both sides of the newly created boundary of Lot 17, Block 1, WEYBRIDGE 2ND ADDITION. 4) 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 4th day of November, 1998. CITY OF ANDOVER ATTEST: ti:t~ ()~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R220-98 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF LARRY T. LAUER ON PROPERTY OWNED BY MARK AND ROBIN SIBINSKI TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON LOT 18 BLOCK 9, WOODLAND TERRACE 4TH ADDITION, 13314 NARCISSUS STREET NW (pIN 32-32-24-44-0087). WHEREAS, Lany T. Lauer has requested to vacate a portion of a drainage and utility easement on property owned by Mark and Robin Sibinski located at 13314 Narcissus Street NW , legally described as Lot 18, Block 9, WOODLAND TERRACE 4TH ADDITION, legally described as follows: Vacation of a portion of a drainage and utility easement on Lot 18, Block 9, WOODLAND TERRACE 4TH ADDITION, as recorded in Anoka County, Minnesota, legally described as follows: The northern 5 feet of the southern 10 feet of said lot; except the most westerly 5 feet; and except the most easterly 20 feet. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested. Adopted by the City Council of the City of Andover on tIùs 4th day of November, 1998. CITY OF ANDOVER t& t J11c, ;(~ ATTEST .E. McKelvey, Mayor £d-~ I£-t¿ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA JUES.~O.It22]-98 A JUESOLUTION GRANTING THE V ACATIO~ OF EASEME~T JUEQUEST OF DUANE MATZEK TO VACATE A PORTIO~ OF A DRAINAGE AND UTILITY EASEME~T O~ LOT 6 BLOCK 3, WITTINGTO~ RIDGE, 2381 l55TH LANE NW (pIN 22-32-24-22-0010). WHEJUEAS, Duane Matzek has requested to vacate a portion of a drainage and utility easement located at 2381 l55th Lane NW, legally described as Lot 6, Block 3, WITTINGTO~ RlDGE, legally described as follows: That part of a drainage and utility easement to be vacated on Lot 6, Block 3, WITTINGTO~ RIDGE, Anoka County, Minnesota, described as follows: Conunencing at the northwest corner of said Lot 6; thence South 88 degrees 39 minutes 55 seconds East, assumed bearing along the north line of said Lot 6, a distance of 95.00 feet; thence South 13 degrees 02 minutes 11 seconds East a distance of87. 75 feet to the point of beginning of the vacate portion of easement to be described; thence continue South 13 degrees 02 minutes 11 seconds East a distance of 109.87 feet; thence ~orth 00 degrees 50 minutes 42 seconds East a distance of 106.43 feet; thence ~orth 88 degrees 39 minutes 55 seconds West a distance of26.36 feet to the point of beginning. WHEJUEAS, the City Counci1 finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEJUEAS, a public hearing was held and there was no opposition to the request. ~OW, THEJUEFOJUE, BE IT JUESOL VED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested. Adopted by the City Council of the City of Andover on this 4th day of~ovember, 1998. CITY OF ANDOVER ATTEST ~ tfdb Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 222-98 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 fro 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, 1999 and shall bear interest at the rate of8 percent per year. 3. The owners of any property so assessed may, at any time prior to certification ofthe assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to Anoka Electric Cooperative, 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 Dehn , seconded by Council member Knight and adopted by the City Council of the City of Andover on this 4th day of November, 1998. CITY OF ANDOVER ATTEST: ~(/~ J. {. Ø6~~ Victoria V olk - City Clerk ,E. McKelvey, Mayor ,.., EXTRACT OF MrNUT~s OF A MEETING OF THE CITY COUNCIL OF TR~ CITY OF ANDOVER. MINNESO'fA HELD: Novembe~ 4, ~998 Pursuant to due call and notice thereof. a regular o~ special meeting of the City Council of the city of Andover, Anoka County, Minnesota. was duly called and held at the City Hall in said City on Wednesday. the 4th day of November, ~998, at 7:50 o'clock ~.M., for the purpoae, in part, of authorizing the i&suance of. and awarding the sale of. $760.000 General Obligation Refunding Bonds of 1996 of the City. The following members were present: Jack McKelvey, Bonnie Dehn, Mike Knight, Ken Orttel and the following were absent: John Kunza Member Ortte 1 introduoed the following resolution and moved its adoption. RES. NO. 223-98 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $760,000 GE~RAL OBLIGATION REFUNDING BONDS OF 1998. AND LEVYING A TAX FOR THE PAYM2NT Ta¡;:REOF A. WHEREAS, the City of Andover, Minneøota (the "City"), has heretofore issued $2.500,000 General Obligation Bonds, Series ~991A, dated July ~, 1991 (the "Prior Bonds"), for the purpose of providing money to aid in financing the cost of const~ucttn9 and equipping fire stations (the "Project"); and B. WHEREAS, $750,000 in principal amount of the Prior Bonds which mature in the years ~999 and thereafter are subject to redemption and prepayment at the option of the City on July ~, 1998 and any date thereafter at a price of par pl~e accrued interest as provided in the resolution of the City Counci.l, dated June 18, 199~, authorizing the issuance of the Prior Bonds (the uVrior Resolution"); and c. WHEREAS. the City Council deems it desirable and in the beet interests of the City to call for redemption and prepayment all of the Prior Bonds which mature on July ~, ~999 and thereafter on January 1, 1999 in accordance with the Prior Resolution in order to reduce the debt service coets to the City; and D. WHEREAS, the City Council haa heretofore determine~ and declared that it is necessary and expedient to 9'.090_1 issue $760,000 General Obligation Refunding Bonds of 1998 (the "Bonds") of the City, pU¡;¡:¡Uemt to Minnesota Statutes, Chapter. 475, to p~ovidQ funda, togethe~ with othe~ available funds, to pay on January 1, 1999, all of the City's Prior Bonds, which then remain outstanding (the "Refunding"); and E. WHEREAS, no other obligations have been sold pursuant to a private sale within the last twelve (12) calendar monthe of the date hereof which when combineð with this issue would exceed the $1,200,000 limitation on negotiated sales as required by Minnesota Statutes, Section 475.60, subdivision 2(2); and F. WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the city of Andover, Minnesota, as follows: 1. Acceutance of Offer. The offe~ of JU~an & Moody (the ·Purchaser"), to purohase the Bonds of the City (or individually, a "Bond"), in accordance with the terms established therefor and at the rates of interest hereinafter set forth, and to pay therefor the sum of $749,436, plUs interest accrued to settlement, is ne~eby accepted. 2. Bond Terms. (a) Title: original Issue Date! Denominations: Maturiti~~. The Sonds shall be titled "General Obligation Refunding Bonde of 1998", shall be dated December 1, 1998, 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 Denomina- tions"). The Bonds shall mature on July 1 in the years and amounts as follows: ~ Amount ~ Amount 1999 $255,000 2001 $240,000 2000 265,000 (bl Boo~ Ent~ Qnly System. The Depository T~st Company, a limited purpose trust company organized under the lawB of the State of New York or any of its successors or its successors to its functions hereunder (the "DepoSitory") will act as securities deposito~y fo~ 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 gg~Og8_1 2 Only Period"), shall at all times be in the torm ot a separate single fully registered Bond for eaçh maturity of the Sondsl and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations tor any Bond shall be deemed to be limited during the Book Entry only period to the oUtstanding principal amount of that Sond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond ~eglstrar (as hereinafter defined) in the name of CEPE & co., as the nominee (it or any nominee of the existing or a successor Depository, the "N'ominee"). (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 preoeding 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 partioipant, any Benefioial 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. (tv) 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 Sonds, for the purpose of oÞtaining any consent or other action to be taken by Holders for the purpose at registering transfe~s with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as ¡D9"05UI.1 :1 paying agent hereunder, shall pay all p~incipal of and p~emium, if any, and interest on the Bonda only to the Holde~ o~ 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 ~espect to the p~1ncipal of and premium, if any, and interest on the Sonda to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Regist~ar 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 ~rovisions in paragraph ~O hereof, references to the Nominee ereunder shall refer to such new Nominee. (vi) So long as any Bond is registe~ed 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 Depoøitory for the Bonàs (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 lrocedures and other matters relating to the Depository's ro e 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 issueà in boo~-entry torm shall be limited in principal amount to Authorized Denominations and 8hall be effected by procedures by the Depository with the Participants tor recording and transterring the ownerøhip 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 Dcpoaito~ shall consider the date of receipt of notice requesting 8uch 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 con~ent or othe~ action. The City or the BOnQ Registrar shall, to the extent possible, give the Depository notice of such special record date not leaa than 15 calendar days in advance of such special record date to the extent possible. .94ð9..~ 4 (ix) ~y suooessor Bond Registrar in its written acceptance of its duties unde~ 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 Representationa. (~) ¡n 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 ~ond stating the amount so redeemed. (c) Termination of Book-Entrv Only System. Discontinuance of a particular Depository's services and termination of the book-entry only sYBtem 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 reBponeibilities 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 ot book-entry tranøferø through the Depoøitory ie not in the beet 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 Bondß shall designate at that time, in accordance with paragraph 10 hereof. To the extent that the Beneficial Owners are designated as the transferee by the HOlders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions ot paragraph 10 hereof. (d) Letter of ReDresentations. 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 '».0'1.1 5 such provisions are inconsistent with the other provisions of thie reeo1ution, the provisions in the Letter of Representations shall control. 3 . Purpose. The Bonds (togethe~ with other available funds, if any, appropriated in paragraph 15 hereot) shall provide funda to finance the Refunding. It ia hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67 and shall result in a reduction of debt service cost to the City. 4. Intereat. The Bonds shall bear interest payable semiannually on January 1 and July 1 of each year (each, an "Interest Payment Date"), commencing July 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, Maturity Interest Maturity Interest Year Rate Year Rqçe 1999 t 2001 t 2000 5. Redemp~ion. All Bonds maturing in the years to , both inclusive, shall be subject to redemption and ---- prepayment at the option of the City on July 1, ____, 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 far 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 distincti~e 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 Banda to which were assigned numbers so selected; provided, however, that onlY so much of the principal amount of t!l405l8.1 ,; 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 satisfacto~ to the Çity 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 necesBa~) and the Bond Re~istrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or ßonds 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. b. nond Re9igtra~. u.s. Ban~ Trust National Association, in St. Paul, Minnesota is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "ßond Registrar"), and shall do so unless and until a successor Bond Regiøtrar is duly appointod, 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. ~rinc1pal and interest on the Bonds shall be paid to the registered holders (or record holders) ot the Bonda in the manner Bet forth in the form of Bond and in paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with this Bond Registrar's Certificate of Authentication, the form ot Assignment and the registration information thereon, shall be in substantially the following form: »».0»..1 7 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION REFUNDING BOND OF 1998 INTEREST MATURITY DATE OF RATE DATE OfUGINAL ISSUE CUSIP D¡;:CEMBER 1, 1998 REGISTERED OWNER, PRINCIPAL AMOUNT: OOLLARS KNOW ALL PERSONS BY THESE ~RESENTS that the C~ty of Andover, Anolca Coltnty, Minnesota (the "Issuer"), certifies that it is indebteà and for value received promises to pay to the registered Owner specified above, or registered assigns in the manner hereinafter set forth, the principal amount specified above, unless called for earlier redemption, on the maturity date specified above. and to pay interest thereon semiannually on January 1 and July 1 of each year (each, an "Interest Payment Date"), commencing July 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 Þeen paid, from the date of original issue hereof. The principal of and premium, if any, on thi~ 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 ¡ssuer. Interest on this Bond will be paid on each Intereot 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 Issue:¡:- 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 Da&e. 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 ...oga.1 Q than ten days prior to the Special Record Pate. The principal of an<1 premium, i1' any, and interest on this Bond are paya~le in 1awful money of the United States of America. [So ~op~ .. t~i. Bond ie r.~i.ter.d ip the name of the D.po.ito~ or its Nominee as provided in the Resolution hereinafter d.scribed, .nd .. tho.. terms are defined therein, payment of prinðipal of, premium, if any, and interest on this Bond and notice with re.peot thereto shall be made as provided in the Letter of Repre.entationa, .. defined in the Resolution, and .urrender of this Bond shan not be required for payment of the redemption price upon a partial redemption of this Bond. Until t.~ination of the book-entry only system pursuant to the Rellolution, Bonds may only be registered in the name of the Ðøpository or its Nominee,]' REFERENCE IS HEREB¥ MADS TO TH¡;¡ FURTHER PROVISIONS OF THIS BOND SET FORTI! ON THE REVERSE HEREOF, WHICH PROV¡SIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditione and thinge required by the Constitution and lawß 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 requireã DY law, and that this aond, together with all other debts of the Issuer outstanding on the date of original issue hereof and on the date of its issuanoe 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 ita 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. , ¡nel~de only until termination of the DookDèntry only .yøtem under paragraph 2 hereot. e..OQ..1 g Date of Registration: Registrable by; U.S. BANI< TRUST NATIONAL ASSOCIATION payable at: U.S. BANK TRUST NATIONAL ASSOCIATION BOND REGISTRAR'S ('tTV OF ANDOVER, CERTIFICATE OF /\NOAA COUNTY, MINNESOTA AUTHENTICATION Th1s Bond 1s one or the Sondø de~criÞed in tbe Is/ Pacaimile Resolution mentioned Mayor within. (al ff1c,~mi1e Clerk U.S. BANK TRUST NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature !iUÞ.ota .1 10 ,.~, . ON REVERSE OF BOND RedeUlPtion. All Bonds of this issue (the "Bonds") maturing in the years ____ to , both inclusive, are subject to redemption and prepayment a~e option of the Issuer on July 1, , 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 spec¡!ic Bonde 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 a' Bonds far Redemption: Partial Red~~~~pp. To effect a ~artial redemption of Bonds having a cornman maturity date, the Bond RegistTar 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 RegistraT 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 tor each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the ~onds to which were assigned numbers so selected; ~rovided, 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, it the Issuer or nond 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 authori~ed in writing) and the Issuer shall execute (if necesaary) 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 ObliaatlQU. This Bond is one of ~n iasue in the tot~¡ principal amount of $760,000, all of like date of original issue and tenor, except as to numÞer, maturity, interest rate, denomination and redemption privilege. which Bond has been issued pursuant to and in full conformity ...ð.._~ 11 ( !i , with the Constitution and laws of the State of Minnesota and pursuant to a reso!ution adopted by the City Council ot the Issuer on November 4, 15)98 (the IIReso!ution"), for the purpose of providing funds, together with other available funds, to redeem on January 1, 1999, all of the outstanding General Obligation ~onds, series 1991A, dated July 1, 1991 of the ¡sauer. This Bond is pAYAb!e out of the General Obligation Refunding Bonds of 199B Fund of the Issuer. This Bond constitutes a general ob!igation 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. ~enominations: ExcQaQ~~: Resolution. The Bonds are issuable solely as fully registered bonds in Authori~ed Denominations (as defined in the Reso!ution) and are exchangeable for fully registered Bonds of other Autnoriaed Denominationa in equal aggregate principal amounts at the principal office of the Sond 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 ita 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 agreemen~ 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 UDon Transfer or Loss. The sond 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 Reaistêrêd 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. 99.018.1 12 "" ,."", , ,- I! " 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 øhall h~ve been exeçuteð by the Bond Registrar. Oualified Tax-ExemDt Oblig~~ion. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b) (3) of the Xnternal Revenue Code of 1986, as amended. ABBRBVXATXONS 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 T~N 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 (CustJ (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. "'0'8.1 13 / ~. ASSIGNMENT For value received, the underaigned hereby øella, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the booka kept for the registration thereof, with full power of &ubstitution in the p¡-emises. Dated: Notice; The assignor's signature to this assignment must correspond with the name as i~ appears upon the face of the within Sond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or truat 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.l7-Ad-l5(a) (2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Addres&, (Include information for all joint owners if the Bond is held by joint account.) e.409. .1 1.4 "" .-,,". ij [Use only for Bonetø when t:h.y 11:1:'. Register.d in Book Entry Only aystem] PREPAYMENT SCHEDW,E This Bona has been prepaid in part on the date{s) and in the amount(s) as follows: AUTHOR:t2ED SIGNATURE: DAIE AMOUNT OF HOLDER ~~4.ðQa.i 15 "" ..';" , í 8. Execution: Temporary Bonds. The Bonds shall þe printed (or, at the request of the Purchaser, typewritten) and snall be executed on behalf of the City by the signatu~es 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 p~ovided 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 þehalf 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 Bonlls, such signature or facsimile shall nevertheless be v~lill 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 bonde, one or more typewritten temporary bonds in substantially the form set forth ~bove, with such ch~nges as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary Þends 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 4na cancelled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have Þeen 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 Regiatr4r 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 o~iginal Bonds to the Pu~cnaser, the Bond Registrar shall insert as a date of registration thE! datE! of original issue, which date is December 1, 1998. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authent~cated and del~vered under this resolution. 10. Reaistration: 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 Registra~ may prescribe, the Send Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. ....D...~ 1': [ Upon surrender for transfer of any Bond at the principal office ot the Bond Registrar, the City shall execute (if necessary), and the Bond Regi~trar ahall 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 Authori~ed Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as reque~ted by the transferor; provided. however. that no ~ond may b@ 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 otfice of the Bond Registrar. whenever any Bonds are so sUrrendered for exchange, the City ahall execute (if necesaary), and the Bond Regiatrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Rolder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations 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 authori~ed 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. Transfe~s shall alao ee sueject to reasonable re~lations of the City contained in any agreement with the Bond Registrar. including regulations which permit the nond Registra~ to close its transfer books between record dates and payment dates. The Clerk is hereby autho~ized to negotiate and execute the termo of said agreement. 11. Riqhts UDon Transfer or Exchanae. Each Bond delivered upon transfer of Or in exchange for or in lieu of any iI!i.IUllt.'2. 17 .""" ,. "r "" ',"".. I other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by øuch other Bond. 12. Interest PaYment: Record Date. Interest on any Bond shall be paid on each Interest ~ayment Date by check or draft ma1leà to the person in whose name the Bond is registered (the "Holder") on the regiøtration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (¡5th) day of the calendar month next preceding such Interest payment Date (the "Regular ~ecorq Pate"). Any such int;ereat not; eo timely paid ahall 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 Þusiness on a date (the "Special Record·Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice ef the Special Record Date shall be given by the Bond Registrar to the Holders not leas than ten (10) days prior to the Special Record Date. 13. T~eatment of Reaietered Owner. The City and Sond 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. s~ðh Send and for all other purposes whatsoever whether or not such Bond shall be overdue. and neither the city nor the Bond Registrar shall be affected by notice to the contrary. 14. Deliverv: AD9lication of Proceeds. The Ðond13 when so prepared and e~ecuted 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 thereat. 15. Fund and Ac~nuntila (a) $ of the proceeds of the Bonds shall be deposited in the General obligation Bonds, Series 1991A Debt Service Fund (the "Pebt Service Fund") heretofore created 1:Iy the Prior Resolution for the Prior Bonds. which amount. together with all other funds held therein and $ of the City deposited on the date of delivery of the Bonds, is sufficient to prepay the outstanding Prior Bonds on January 1, 1999. (b) There is hereby created a special fund to be designated the "General Obligation Refunding Bonde ot 1998 Fund" (the "FUnd") to be administ;ered and ma:!.ntained Þy the Treasurer as a bookkeeping account separate and apart trom all other Funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. tt'Otl.1 19 ";,~~,, ·-··'f "" ,'.;.;. I There shall be maintained in the Fund two (2) separate accounts, to be designated the "COl:lt of Issuance Account" and "Deþt; Service Account n , respectively. (i) CQ~t of Issuance Account. There shall be deposited in the Cost ot Issuance Account allot the remaining proceeds of the Bonda not othe~iee deposited in the Debt Service Fund as provided in paragraph lS(a) above, less accrued interest received thereon. Monies in the Cost of Issuance Account shall be used to pay the costs of issuing the Bonds. Any monies remaining in the Cost ot Iaauance Account after all costs of issuance have been paid or provided for shall be transferred to the Debt service Account for the Bonds. (ii) Debt Service Acc9uUt. There are hereby irrevocably appropriated and pledged to. and there shall be credited to, the Pebt Service Account: (A) all accrued interest received upon delivery of the Bonds; (B) any collections ot all taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (C) any oollections of all taxes heretofore levieq for the payment of the Prior Bonds and interest thereon whicb are not needed to pay the Prior Bonds as a result of the Refunding; (D) all funds remaining in the cost of ISSUance Account atter all costs of issuing the Bonds have been paid; (~) any funds remaining on deposit in the Debt Service Fund established for the Prior Bonds after the aame have been paid and discharged; (F) all investment earnings on funda held in the Debt Service Account; And (G) 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 ae 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 (5\') of the proceeds of the Bonds or $100.000. To this effect. any proceeds of the Bonds and any sums from time to time held in the Cost of Issuance Account or Debt Service Account (or any other City aooount which will be use~ 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 'U091.1 111 H'~"~ -"f "" ,.~,;.. l in e~cess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after ta~ing 1nto aocount any applioable "temporary periods" or "minoX' 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 e~tent that such investment would cause the aonds to be "federally guaranteed" within the meaning of Section 149 (b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax L9VY' Coverage Test: C~~ce¡l~~ion of Certain Tax Levies. To provide moneys for payment of the principal and interest on the nonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which ehall be øpread 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: 'leer of Tax YeaX' of TiSX T '~"Y C!o11~t:!~ion Amount The tax levies are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonde, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall pe irreparable so long as any of the Bonds 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. Upon payment of the Prior Bonds, the uncollected taxes pledged in the Prior Resolution authorizing the issuance of the Prior Bonds, shall be canceled. 17. Defeasanq~. When a:U Bonds have been discharged aa provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registeX'ed 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 Bum sufficient foX' 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 !u.o.. _:¡. 20 . "'=.-......, 'Of "".;'0'" ( accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Sonde 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 ot redemption thereat 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, bI depositing irrevocably in escrow, with a suitable banking inet tution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.'7, 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 p~y all amounts to become due thereon to m~turity or, if notice of redemption as herein Yequired h~s been du1y provided for, to such earlier redemption date. 18. General obl1qation Pledge. For the prompt ~nà full payment of the principal and interest on the Bonde 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 i8 ever insufficient to pay all principal and interest then due on the Sonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of ~ny other funds of the City which are available for such purpose, and such other funda may be reimburaed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Records and CertifiQatea. The officers of the City are hereby authori~ed 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 Sands and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts ~e¡~ting to the legality and ma~ketability of the Bonds ae 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 f~ctß recited therein. 20. N~aative Covenan~ as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the Sonds or to use the project or to cause or permit them to be us~d. or to ~nter into any deferred payment arrangements for the cost of the Project, in such a manner ~s to cause the Bonds to be "private activity bonds" within the meaning of Sections 1.03 and 141 through 150 of the Code. ...1)....1. 21 "·""""'-"'f 2~. Notiç~ of Call £0+ Redemption. The Clerk is hereby authori~ed and directed to cause U.S. Bank Trust National Association (formerly, First Trust National Assooiation), the paying agent for the Prior Bonds, to give notice of redemption by first class mail (postage prepaid) not more than sixty (60) days and not less than thirty (30) days prior to January 1, 1999 to all registered holders of the Prior Bonds. Said notice shall be in substantially the form attached hereto as Exhibit A. 22. prior Bonds: Sec~{it¥. Until retirement of the Prior Bonds, all provisions theretofore made tor the security thereof shall be observed by the city and all of its officers and agents. 23. Certificate of Reaistration. The Clerk is hereby directed to file a certified copy of this resolution with the county Auditor of Anoka County, Minnesota, together with suoh other information as he or she shall require, and to obtain the County Auditor's certificate that the aonds have been entered in the County Auditor's Bond Register, that the tax levy for the Prior Bonds has been cancelled, and that tbe tax levy required by law for the Bonds has been made. 24. Tax-Exemot Stat~~ of the Bonds: R~bate. The City ehall 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 tor 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 o~tstanding at one time in this calendar year) exceed the small-iss~er exception amo~nt of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for Ïovernmental units issuing $5,000,000 or less of bonds, the C ty 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 whicn 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 iosuer with the City) during the calendar year in which the Bonds are iQQued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f) (4) (D> of the Code. ".on ,1 22 Furthermore: (i) the~e unall not be taken into aooount for purposes of saið $5.000.000 limit any bond issued to refund (other than to advance refund) any bond to the extent the amount of the refunding bond does not exceeq the outatanding amount of the refunded bond; (ii) the aggregate face amount of the Bonds does not exceed $5,000,000; (iii) eaon of tne Prior Bonds was issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for governmenta¡ units issuing $5,000,000 or less of bonds; (:i.v) the avera~e matur:i.ty of the Ponds does not exceed the average maturity of the Prior Bonds; and (v) no part of the Bonds has a maturity date which :i.s later than the date which is thirty (30) years after the dates the Prior Bonds were issued. 25. Desi9nation of Qualified Tax-Exo~~ QþliqatiQnB: 188~ap.ee 3;¡~m~1r. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 26S(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 þands" as defined in Section 141 of the Coðe; (e) the City he~eby designates the Sonds as "qualified tax-exempt obligations" for purpoeej;l of Section 265(þ) (3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other tnan 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 au isaued by the City) during this calendar year 1998 will not exceed $10,000,000; (e) not more than ~lO,OOO,ooo of obligations ieeued by the City during this calendar year 1998 have been designated for purposes of Section 2651b) (3) of the Code; g'.098.1 23 ""....,'. (f) the aggregate face amount of the Sands does not exceed $10,000,000; and (g) the Bonds are issued to refund, and not to "advance refund" the Prior Bonds within the meaning of Section 149 (d) (5) of the Code, and shall not be taken into account under the $10,000,000 issuance limit to the extent the Bonds do not exceed the outstanding amount of the Prior Bonds. The City shall use its best efforts to comply with any federal procedural requirements which may apply in o~der to effectuate the designation made by this paragraph. 26. S~yerability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceaÞ1e for any reason, the invalidity or unenforceab111ty of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. Hel'!1dings. 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 ~doption of the foregoing resolution was duly seconded by member Kniaht and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Dehn, Knight, Drttel, McKelvey, Kunza (absent) and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. .'.0'8.1 24 STATE OF MINNESOTA COUNTY OF ANORA CITY OF ANPOWR I, the undereigned, 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 Raid City, duly called and hQld on the date therein indicated, insofar as such minutes relate to authorizing the issuance of, and awarding the sale of, $760,000 General Obligation Refunding Bonds of 1998 of said City. WITNESS my hand this 4th day of November, HSl8. ~ ¡j.,¿þ ClerIC "40'8.1 25 EXHIBIT A NOTICE OF CALL FOR R¡;:DEMP'l'ION GENERAL OBLIGATION BONDS, SERIES 1991A CITY OF ANDOVER, ANon COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption And prepayment on January 1, 1999 those outstanding bonds of the City designated as General obligation Bonds, Series 1991A, dated July 1, 1991 hAving stated maturity dates in the years 1999 through 2001 and totalling $750,000 in principal amount. The bonds are being called at a price of par plus accrued interest to January 1, 1999, on which date all interest on said bonds will cease to accrue. Holders of the bonds hereby called for redemption are requested to present their bonds for payment. at U.S. Bank Trust National Association (formerly, First Trust National Association), 180 East Fifth Street, 3'4 Floor-Bond Drop Window, or if by mail, to P.O. Elox 64111, in St. Paul, Minnesota 55164-0014, on or before January 1, 1999. Dated: November 4, 1998 BY ORDr::R OF THE: CITY COUNCIL lal Y~cki volk Clerk :rmpo¥'~_t Notioe. Under the Interest and Dividend Compliance Act of 1983, 31% will be withheld if tax identifio.tion is not properly certified. Addition.1 intormacion may be obtained from: JURAN &: MOODY 1100 Minnesota World Trade Center 30 r::aat Seventh Street St. P.ul, Minnesota 55101-2091 Telephone No.: (612) 224-1500 Attn: Lori A. Giampaolo Public Finance Department faÞ40,...J. A-:I. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 224-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO MID METRO CONSTRUCTION FOR PROJECT NO. 97-51 FOR THE IMPROVEMENT OF FENCING. WHEREAS, pursuant to a written contract signed with the City of Andover on September 1. 1998, Mid Metro Construction of Wvomina, 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 Kunza and adopted by the City Council at a regular meeting this 17th day of November , 19~, with Councilmembers Dehn, Kunza, Orttel. McKelvev, Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ' {, .øc.~ .E. McKelvey - Mayor d1~ ¿J~ Victoria Volk - City Clerk [ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 225-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING DEDUCT CHANGE ORDER #2 TO PROJECT NO. 95-26. SHADOWBROOK . WHEREAS, the City of Andover has a contract for Project No. 95-26 with C.W. Houle, Inc. of Shoreview, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 95-26. MOTION seconded by Council member Kunza and adopted by the City Council at a reqular meeting this 17th day of November, 19~, with Councilmembers Dehn, Kunza. Orttel. McKelvev. Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Îi. r, M,-~b .E. McKelvey - Mayor - (L~ dÆ Victoria Volk - City Clerk n'- , ""__·ID"_' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 226-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO C.w. HOULE. INC. FOR PROJECT NO. 95-26, SHADOWBROOK FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREETS AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to a written contract signed with the City of Andover on September 3, 1996, C.W. Houle, Inc. of Shoreview, MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 17th day of November , 19~, with Council members Dehn, Kunza, Orttel. McKelvev, Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ÎE' r Þlv ~~ .E. McKelvey - Mayo ¡J;t;~ ;U¿ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 227-98 MOTION by Council member Dehn to adopt the following: A RESOLUTION APPROVING DEDUCT CHANGE ORDER #~ TO PROJECT NO. 97-44, SHADOWBROOK 3RD ADDITION. WHEREAS, the City of Andover has a contract for Project No. 97-44 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. 97-44. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 17th day of November, 19~, with Councilmembers Dehn, Kunza, Orttel. McKelvev. Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (). ç W J1~~ ;if.E. McKelvey - Mayor ~ t/# Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 228-98 MOTION by Council member Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO LATOUR CONSTRUCTION, INC. FOR PROJECT NO. 97-44 FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN. STREETS AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to a written contract signed with the City of Andover on April 21, 1998, LaTour Construction, Inc. of Maple Lake, MN, has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 17th day of November , 19~, with Councilmembers Dehn, Kunza, Orttel. McKelvev, Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ß ( }¡C--~~ ?J.E. McKelvey - May ti~ ¡)Æ Victoria Volk - City Clerk ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 229-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREET LIGHTING , PROJECT NO. 98-24, IN THE RED OAKS MANOR 4TH ADDITION (BLOCK 1, LOTS 1-7/BLOCK 2, LOT 1/BLOCK 3, LOTS 1:QLAREA. WHEREAS, pursuant to Resolution No. 199-98 , adopted the 6th day of October , 19~ a Feasibility Report has been prepared by the Citv Engineer for the improvements; and WHEREAS, such feasibility report was received by the City Council on the 17th day of November, 1998; and WHEREAS, such feasibility report declared the proposed improvement to be feasible for an estimated cost of $ 5,510.00 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 98-24, 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 $ 5,510.00. 3. A public hearing shall be held on such proposed improvement on the 1st day of December, 1998 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 Kunza and adopted by the City Council at a regular meeting this 17th day of November, 19...mL, with Councilmembers Dehn, Kunza, Orttel. McKelvev, Kniaht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: ~ ódb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 230-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #.....L TO PROJECT NO. 96-15, PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Gorham Oien Mechanical of Mora. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Kunza and adopted by the City Council at a reqular meeting this 17th day of November , 19~, with Councilmembers Dehn, Kunza, Orttel. McKelvev, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: fl t ø~J{~~ ø.E. McKelvey - May r L~ (/ß Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 231-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #....£ TO PROJECT NO. 96-15, PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Grazzini Brothers of Bloominqton, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 17th day of November , 19~, with Councilmembers Dehn, Kunza, Orttel. McKelvey, Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: j t n;:~ ;.f. E. McKelvey - May r ¡j~ (/v-a Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 232-98 MOTION by Council member Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #.2.. TO PROJECT NO. 96-15, PUBLIC WORKS EXPANSION. WHEREAS, the City of Andover has a contract for Project No. 96-15 with Wasche Commercial Finishes of Ham Lake, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-15. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 17th day of November , 19~, with Councilmembers Dehn, Kunza. Orttel. McKelvev, Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~ ¡}".a Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO, R233-98 A RESOLUTION AMENDING RESOLUTION 217-98, CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION HELD ON THE 3RD DAY OF NOVEMBER 1998 IN THE CIn.' OF ANDOVER, ANOKA COUNTY, MINNESOTA. WI-IEREAS, Resolution 217-98, certifying the results of the Municipal Election, was adopted by the City Council on November 4, 1998; and WHEREAS, an incorrect vote count for John Kunza was entered for Precinct 5. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby adopt the attached summary with the correct vote counts. Adopted by the City Council of the City of Andover this 17th day of Novembe.r. 1998. CITY OF ANDOVER Attest: ~. r M" ¥L . E. McKelvey - Mayor 7 _~ ()dL Victoria Volk - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R234-98 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF WILLIAM HUFP PURSUANT TO ORDINANCE NO. 40 AT 1650 ANDOVER BOULEVARD NW (PIN 27-32-24-41-0001) WHEREAS, William Hupp has requested a lot split pursuant to Ordinance No. 40 on property located at 1650 Andover Blvd. NW, legally described as follows; and That part of the Northeast Quarter of the Southeast Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at a point on the north line of said Northeast Quarter of the Southeast Quarter distant 781. 58 feet east of the northwest corner of said Northeast Quarter of the Southeast Quarter; thence South 89 degrees 00 minutes 06 seconds East 160.33 feet; thence South 00 degrees 08 minutes 01 seconds West 131.56 feet; thence South 15 degrees 19 minutes 53 seconds East 101.89 feet; thence South 00 degrees 06 minutes 01 seconds West 56.83 feet; thence North 89 degrees 00 minutes 06 seconds West 107.12 feet; thence North 00 degrees 06 minutes 01 seconds East 286.118 feet to the point of beginning. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that saidr~uestme()tsthe criteria of Ordinance No. 40; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission reconunends to the City Council approval ofthe lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the reconunendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1) That the applicant pay a $400 park dedication fee as stipulated in Ordinance 40, Section 5B. ·r Page Two Lot Split 1650 Andover Blvd. NW November 17, 1998 2) That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 3) That municipal sewer and water service be established on the split parcel and existing private septic systems be abandoned in compliance with state statutes. Adopted by the City Council ofthe City of Andover on this 17th day of November, 1998. CITY OF ANDOVER , r. )Øv ATTEST: L:t,,~ IiÞ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 235 - 98 A RESOLUTION REVISING THE 1998 GENERAL FUND BUDGET: WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support ITom its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover complied with the State of Minnesota truth in taxation requirements including soliciting public input through a public hearing; and WHEREAS, the City Council of the City of Andover passed Resolution Number R-308-97 establishing the 1998 Levy; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby revises the 1998 General Fund Budget as submitted, with revisions of revenues and expenditures each totaling $393,080. Adopted by the City Council of the City of Andover on this 17th day of November, 1998. CITY OF ANDOVER ATTEST: . (. Me- ~ ~¡j~ Victoria V olk, City Clerk "." ] CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 236-98 A RESOLUTION APPOINTING YEAR 2000 COORDINATOR. WHEREAS, the City of Andover recognizes that the Year 2000 problem involves more than just a computer issue; and WHEREAS, the City recognized that all of its departments and services may be impacted by the Year 2000 problem; and WHEREAS, the City has adopted a policy establishing the Year 2000 problem as a top priority for all city operations; and WHEREAS, the City in this policy sets forth its commitment to identify, address and resolve potential problems created by Year 2000 issues and to make its best effort to ensure continuity of essential city services; and WHEREAS, the City's efforts to minimize the potential impact of the Year 2000 problem will likely involve multiple city operations and outside organizations; and WHEREAS, the City believes that coordination of all persons working on the Year 2000 problem on behalf of the City is essential to the efficiency and effectiveness of the City's overall Year 2000 effort; and WHEREAS, the City pledges to create contingency and community preparedness plans to reduce the possible effects of computer and operational system failures throughout the community; and WHEREAS, the League of Minnesota Cities has requested that cities designate a contact person to receive information on the Year 2000 problem; THEREFORE, be it resolved that the City of Andover hereby appoints Jean D. McGann, Finance Director, to serve as the "City's Year 2000 Project Coordinator". Adopted by the City Council of the City Andover this 17th day of November .19 98. CITY OF ANDOVER Attest £. i~el~VM1;;~ ;/,:'/;;J~ (),dL Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 237-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO VALLEY PAVING FOR PROJECT NO. 97-34 FOR THE IMPROVEMENT OF PARKING LOT AND FIELD IMPROVEMENTS. WHEREAS, pursuant to a written contract signed with the City of Andover on Mav 5, 1998, Vallev Pavina of Brooklvn Park, MN, has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Knight and adopted by the City Council at a reqular meeting this -.1§L day of December , 19~, with Councilmembers Kunza, Knight. McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: I (. );k~~ KJ.E. McKelvey - Mayor ~ tldL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 238-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FOREST LAKE CONTRACTING. INC. FOR PROJECT NO. 97-43 FOR THE IMPROVEMENT OF TRAILS. WHEREAS, pursuant to a written contract signed with the City of Andover on June 2, 1998, Forest Lake Contractina, Inc. 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 Knight and adopted by the City Council at a regular meeting this ~ day of December , 19~, with Councilmembers Kunza, Knight. McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~ £. }Jf~ )!~ .E. McKelvey - Mayor ~rJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 239-98 A RESOLUTION AMENDING RESOLUTION NO. 238-94 CONSOLIDATING THE STREET LIGHTING UTILITY BILLING AREAS AND ESTABLISHING THE RATES, FEES AND CHARGES FOR SERVICE. WHEREAS, the City Council of the City of Andover adopted Ordinance No. 86 on May 3, 1988 establishing a municipal street lighting system; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the system operation, maintenance and collection of user fees; and WHEREAS, the City Council has entered into an agreement for third party utility billing and collection seryice to be provided by Connexus Energy; and WHEREAS, the review process to transfer the utility billing function has determined the consolidation of street lighting user fees to be an appropriate action to improve billing efficiency and reduce costs; and WHEREAS, the City has two distinct service types described as 1) Maintenance and Operations, and 2) Installation. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Andover hereby establishes the following street light districts and the fees to be collected from benefitting parcels within said districts commencing with service provided on or after December 1,1998: URBAN SERVICE DISTRICT FEE PER QUARTER Maintenance and Operation Rate $6.00 Installation Fee (first 5 years) (Determined by Actual Costs) RURAL SERVICE DISTRICT FEE PER QUARTER Maintenance and Operation Rate $10.55 Installation Fee (first 5 years) (Determined by Actual Costs) CITY OF ANDOVER ATTEST: ¡~.~~K~(~"J ~ ti-tb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 240-98 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF STREETS, PROJECT NO. 98-13/98-13A. FOX MEADOWS. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 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, 19--ª-ª- 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 Kniqht and adopted by the City Council at a regular meeting this 1st day of December , 19~, with Councilmembers Kunza, Knight. McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ç, t. ~~. /(d~ ¿;j.E. McKelvey - Mayor ~()~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 241-98 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREET LIGHTING, PROJECT NO. 98-24 FOR RED OAKS MANOR 4TH ADDITION WHEREAS, pursuant to the required published and mailed notice, a public hearing was held on the 1st day of December, 19 98: and WHEREAS, all persons desiring to be heard were given such opportunity for same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 98-24, street lighting in Red Oaks Manor 4th Addition with the costs of same to be billed on the normal quarterly utility billing. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 1st day of December ,19 98 , with Councilmembers Kunza, Knight. McKelvev, Dehn, Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ¡ì- t.)/l~~~ U.E. McKelvey - Mayor ~ ();-/L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 242-98 MOTION by Council member Orttel to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF LANDSCAPING FOR PROJECT NO. 98-17 FOR RECONSTRUCTION OF BUNKER LAKE BOULEVARD. WHEREAS, the City Council is cognizant of the need for landscaping; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Landscaping, for 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 Dehn and adopted by the City Council at a regular meeting this -1.§t day of December, 19~, with Councilmembers Kunza, Knight. McKelvev, Dehn. Orttel voting in favor of the resolution, and Councjlmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Æ' rt, m&~~ .E. McKelvey - Mayo ¡L:t,~ ()~ Victoria Volk - City Clerk T CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R-243-98 A RESOLUTION AUTHORIZING P ARTICIP ATION IN THE HOUSING REMODELING FAIR. WHEREAS, A home remodeling fair is proposed in conjunction with the Cities of Anoka, Ramsey, Champlin, Dayton, Anoka County BRA, and Anoka Area Chamber of Commerce; and WHEREAS, said home remodeling fair would serve to educate homeowners about redevelopment and remodeling opportunities. NOW THEREFORE, BE IT RESOLVED that the City of Andover approves participation in said home remodeling fair and authorizes $1,500 towards fair expenditures. Adopted by the City Council of the City of Andover on this 1st day of December, 1998. CITY OF ANDOVER ATTEST: ~f ~ /:/¿!¿ Victoria Volk, City Clerk I, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R- 244 - 99 RESOLUTION ADOPTING THE 1999 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 Forestry Capital Equipment Reserve Economic Development Authority Adopted by the Andover City Council on this 15th day of December, 1998. CITY OF ANDOVER 9 1. àj¿~ 0. E. McKelvéy, May ATTEST: ( ~ ()J~ a Victoria Volk, City Clerk j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R - 245 - 98 RESOLUTION ESTABLISHING THE 1999 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 established the 1999 budgets for the Water Fund, Sewer Fund and the Central Equipment Fund. Adopted by the City Council of the City of Andover this 15th day of December, 1998. CITY OF ANDOVER ATTEST: (' 'V O,,~u:J ¿M Victoria V olk, City Clerk ,[ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R - 246 - 98 RESOLUTION ESTABLISHING THE PERMANENT IMPROVEMENT REVOLVING FUND BUDGET. WHEREAS, the Pennanent Improvement Revolving Fuud was established to provide for the acquisition of equipment of financing of improvement projects deemed appropriate by the City Couucil; and WHEREAS, the preparation and adoption of operating budgets is recognized as souud financial management for planning and monitoring financial condition; and NOW, THEREFORE BE IT RESOLVED that the City Couucil of City of Andover hereby established the 1999 budget for the Pennanent Improvement Revolving Fuud. Adopted by the City Council of the City of Andover this 15th day of December, 1998, CITY OF ANDOVER ATTEST: ¡j;;t?~ ({,¿¿; Victoria V olk, City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R-Z47 - 98 RESOLUTION ADOPTING THE 1999 GENERAL FUND 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 ;Jaymetlt of property taxes; and WHEREAS, the Andover City Council has the responsibility to appropriately and efficiently manage the fùnds 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 WHEREAS, th~ City Council of the City of Andover passed Resolution Number 248.:.~§Stabjishing the 1999 Levy; NOW, THEREFORE, BE IT RESOLVED that the Andover City Council hereby establishes the 1999 General fund Budget as submitted, with revenues and expenditures each totaling $6,460,248. Adopted by the Andover City Council on this i5th day of December, 1998. CITY OF Á!'JDOVER ,[ &/(4 . E. McKelvey, Mayo ATTEST: 11*-~ ¡}ffi Victoria V olk, City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 248-98 A RESOLUTION ADOPTING THE CITY OF ANDOVER 1999 PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY DEPARTMENT OF PROPERTY TAX ADMINISTRATION. WHEREAS, the preparation and adoption of operating budgets is recognized as sound fina.¡lcial practice; and WHEREAS, the City of Andover receives signiticant 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 1999 property tax levy totaling $4,103,417, of which $3,548,520 is for general operating purposes and is levied against ail taxable property within the City of Andover, $16,629 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 $538,269 is for the repayment of bonded indebtedness as follows: 1991 Fire Station Bonds $312,768 1994 Certificate of Indebtedness $ 32,838 1995 Certificate of Indebtedness $192,662 Total $538268 THE CITY COUNCIL OF THE CITY OF ANDOVER FURTHER RESOLVES that the scheduled levy of $20,754 for the FHNG.O. Improvement Bonds of 1997 is hereby canceled for 1999 per R68- 81. Adopted by the City Council of the City of A!ldover on this 15th day of December, 1998. CITY OF ANDOVER . r!~~ ATTEST: IL¿:./ ¿)J£ Victoria Volk, City Clerk ,I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R- 249 - 98 RESOLUTION ADOPTING THE 1999 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 1999 Risk Management budget as submitted in the amount of $27,900. Adopted by the Andover City Council on this 15th day of December, 1999. CITY OF ANDOVER , {. PI<.- J! . E. McKelvey, Mayo ATTEST: UiMJ tWó Victoria Volk, City Clerk I / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 250-98 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. 98-32, IN THE AREA OF 3512 - 142ND AVENUE NW . WHEREAS, the City Council has received a petition, dated December 3, 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 -0- 3. The proposed improvement is hereby referred to the City Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 15th day of December, 19 98, with Councilmembers Kunza, Dehn. McKelvev, Orttel. Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Æ' tk_~ J.E. McKelvey - M or ~tJ~ Victoria Volk - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 251-98 MOTION by Councilmember Kunza 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. 98-32 FOR WATERMAIN IN THE FOLLOWING AREA 3512 - 142ND AVENUE NW. 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 the Citv Enqineer and presented to the Council on the 15th day of December ,19--.illL; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 4,267.35 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 4,267.35 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a-º- year period. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 15th day of December , 19~, with Councilmembers Kunza, Dehn, McKelvev, Orttel. Kniqht voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j- ç Me- i~ ~E. McKelvey - Ma or IL:i~ ()~ Victoria Volk - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 252-98 MOTION by Councilmember Kunza 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. 98-33, IN THE CAMBRIDGE ESTATES (PHASE II/NORTH AREA) AREA. WHEREAS, the City Council has received a petition, dated December 7, 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 Council member Dehn and adopted by the City Council at a regular meeting this 15th day of December , 19 98, with Councilmembers Kunza, Dehn. McKelvev, Orttel. Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ý. q. J4£.4 0.E. McKelvey - Mayor iLk ()¿v Victoria Volk - City Clerk { CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 253-98 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF UNITED POWER ASSOCIATION TO ALLOW FOR A 39,216 SQUARE FOOT EXPANSION OF THE EXISTING ELECTRICAL SUBSTATION LOCATED AT THE NORTHWEST INTERSECTION OF BUNKER LAKE BOULEVARD NW AND HANSON BOULEVARD 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, United Power Association has requested an Amended Special Use Permit to allow for a 39,216 square foot expansion of the existing electrical substation located at the northwest intersection of Bunker Lake Boulevard NW and Hanson Boulevard NW, legally described above; 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 City of Andover; and WHEREAS, a public hearing was held and there was 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 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 properties with the following conditions: 1. The Amended Special Use Permit shall be subject to a sunset clause as defined in Ordinance No, 8, Section 5.03(D), 2. The Amended Special Use Permit shall be subject to annual review by staff. I Page Two Resolution United Power Association 3. Landscape Plans for the entire site be submitted to the City for review and approval of the Andover Review Committee. Adopted by the City Council of the City of Andover on this 15th day of December, 1998, ATTEST: CITY OF ANDOVER ,f L . ¡¿¿¿ M· >hvJ(~ (¡.u. ~ {II Victoria V olk, City Clerk J. E. McKelvey, Mayor I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R254-98 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF ASHFORD DEVELOPMENT CORPORATION PURSUANT TO ORDINANCE NO. 40 AT 8XX ANDOVER BOULEVARD NW (pIN 26-32-24-41-0027) WHEREAS, Ashford Development Corporation has requested a lot split pursuant to Ordinance No. 40 on property located at 8xx Andover Blvd. NW, legally described as follows: That part ofthe Southeast Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota described as follows: Beginning at the northeast corner of said Southeast Quarter thence southerly on an assumed bearing of South 00 degrees 31 minutes 58 seconds West, along the east line of said Southeast Quarter a distance of 513.80 feet to the centerline of Coon Creek; thence North 54 degrees 51 minutes 22 seconds West, along said centerline of Coon Creek, a distance of4l2.07 feet; thence South 88 degrees 39 minutes 52 seconds West, along said centerline of Coon Creek, a distance of 192.15 feet; thence South 78 degrees 14 minutes 21 seconds West along said centerline of Coon Creek, a distance of 196.85 feet; thence South 60 degrees 34 minutes 51 seconds West, along said centerline of Coon Creek, a distance of60.99 feet; thence North 00 degrees 41 minutes 51 seconds East a distance of360.60 feet to the north line of said Southeast Quarter; thence South 89 degrees 18 minutes 09 seconds East, along said north line a distance of775.34 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. 40; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held for the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. I, Page Two Lot Split 8xx Andover Blvd. NW December 15, 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 and approves the lot split on said property with the following conditions: 1) That the applicant pay a $800 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 additional right-of-way be dedicated along Andover Blvd. NW to satisfY the minimum requirements of Ordinance 10, Section 9.03a. Adopted by the City Council of the City of Andover on this 15th day of December, 1998. CITY OF ANDOVER ~. t J11&~ ATTEST: ?t.E. McKelvey, Mayor li Ú d¿¿ "l-U--" Victoria Volk, City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 255-98 A RESOLUTION GRANTING THE VARIANCE REQUEST OF MA IT FISHER AND CHRISTINE DENNIS TO ORDINANCE NO. 10, SECTION 9.06 WHICH REQUIRES 22,500 SQUARE FEET OF CONTIGUOUS LAND AREA THAT IS BUILDABLE FOR THE CONSTRUCTION OF A SINGLE F AMIL Y HOME WITH A :MINIMUM WIDTII OF ONE HUNDRED FIFTY (150) AND A MINIMUM DEPTH OF ONE HUNDRED AND FIFTY (150) FEET ON THE PROPERTY LOCATED AT 175XX BUTTERNUT ST. NW, LEGALLY DESCRIBED AS THE SOUTII HALF OF THE EAST RALF OF THE NOTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION I, TOWNSHIP 32, RANGE 24, ANOKA COUNTY,MN. WHEREAS, Matt Fisher and Christine Dennis requested a variance to Ordinance No, 10, Section 9.06 which requires 22,500 square feet of contiguous land area that is buildable for the construction of a single family home with a minimum width of one hundred fifty (150) feet and a minimum depth of one hundred fifty (150) feet on the property located at 175XX Butternut Street 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. 10, Section 17 due to the fact a hardship exists because it is difficult for the property owner to meet the City's buildablility requirements for the following reasons: 1. There is a substantial amount of trees that would have to be removed. 2. A substantial amount of fill would be required. 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 Matt Fisher and Christine Dennis to Ordinance No. 10, Section 9.06 on the property located at 175XX Butternut Street NW, legally described above. Adopted by the City Council of the City of Andover this 15th day of December. 1998. ATTEST: CITY OF ANDOVER tLtw ()þ Victoria Volk, City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R256-98 A RESOLUTION REQUESTING A THREE (3) MONTH EXTENSION OF THE DECEMBER 31, 1998 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 December 31, 1998. 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 connnent; ~n4, following approval by the planning commission and after consideration by the city col\¡¡çU,,- 5..1J.!?,mit@e plan to the Metropolitan Council for review. Adopted by the City Council of the City of Andover on this 15th day of December. 1998. CITY OF ANDOVER ATTEST: tLt~ dæ Victoria Volk, City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, R258-98 A RESOLUTION SETTING A PER DIEM COMPENSATION FOR THE PLANNING AND ZONING COMMISSION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: A per diem compensation in the amount of $20.00 shall be allowed per meeting per member of the Planning and Zoning Commission. The chairperson shall receive a per diem compensation in the amount of$40.00 per meeting. Adopted by the City Council of the City of Andover on this 15th day of December. 1998, CITY OF ANDOVER ATTEST r1 ' t. )TJeJ!Lp .E. McKelvey, Mayo b~ (/dZ Victoria Volk, City Clerk ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 259-98 A RESOLUTION SETTING A PER DIEM COMPENSATION FOR THE PARK AND RECREATION COMMISSION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: A per diem compensation in the amount of $20,00 shall be allowed per meeting per member of the Park and Recreation Commission. The chairperson shall receive a per diem compensation in the amount of $30.00 per meeting. Adopted by the City Council of the City of Andover this 15th day of December , 1998 . CITY OF ANDOVER ATTEST: j.[ k7<:/~ Lj,E. McKelvey - Ma or d~ ().r/b Victoria Volk - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 260-98 A RESOLUTION ESTABLISHING 1999 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 wlLights $20 Fee per hour or (Private Use) $100 Fee per day Rental of Equipment for Tournament Limer $ 3.00 per tournament Lime $ 3.50 per bag Drag $ 1.50 per tournament Hose and nozzle $ 1.50 per tournament Batter's Box $ 1.50 per tournament Weekend Tournaments (No Field Maintenance/Adult) $200 tournament fee for the park, plus $150 field usage fee per field (No Field MaintenancelYouth) $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 MaintenancelYouth) $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. Rink Without Lights (Adults) $25 (Fee per day) Rink With Lights (Adults) $12 (Fee per hour) Adopted by the City Council of the City of Andover this 15th day of December , 1998. CITY OF ANDOVER ATTEST: J t Þlc-Yd~ ,13. E. McKelvey l~AJ (/~ Viètoria Volk - City Clerk I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R261-98 A RESOLUTION SETTING FEES FOR PERMITS, REZONINGS, SPECIAL USE PERMITS, VARIANCES, PLATTING, LICENSE FEES, LOT SPLITS, RENTAL FEES AND V ARia US OTHER FEES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following fees are hereby established for the year 1999: Tvpe of Fee Fee Ordinance Rezoning $275.00 8 Recording fee for rezoning Abstract Property 25.00 Torrens Property 40.00 Special Use Pennit Commercial $225.00 8 Residential 175.00 Amended Special Use Permit 125.00 Recording Fee/Special use Abstract Property 25.00 Torrens Property 40.00 Special Home Occupation Permit 50.00 8 Variances Single Family 100.00 8 Other Requests 125.00 Sign Permits 1.00 per Sq. Ft. Per Side 8 Erected Without Permit 3.00 per Sq. Ft. Per Side Plat Fees Preliminary Plat Filing Fee 85.00 10 Preliminary Plat Per Acre Fee 22.00 Final Plat Fee 20.00 Plat Escrow Deposit Urban Lot 150.00 Rural Lot 500.00 Commercial Site Plan Review 750.00 Comprehensive Plan Amendment 325.00 Lot Split Fee 40 Lot Split 125.00 Recording Fee Abstract Property 25.00 Torrens Property 40.00 Fire Hydrant Use Meter Cost (deposit) 55 + Standard Water Rates Transient Merchant License 50.00 per six months 79 False Alarm Fine 75.00 96 Rental Housing License 50.00 per unit (except owner occupied) Reinspection Fee per Call 30.00 Garbage Hauler License 50.00 per year + $25.00 per truck 102 I Pawnbroker License New 5,000.00 per year 104 Renewal 5,000.00 per year Therapeutic Massage Establishment 110 Single Application Fee 200.00 Corporate Application Fee 300.00 Partnership Application Fee 300.00 Renewal Fee 150.00 Massage TherapIst Annual License Fee 150.00 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 Contractor Licenses Contractor Verification Fee 5.00 Contractor License 25.00 Demolition Permits Single Family Structures 30.00 Two Family Structures 40.00 Single/Double Garages 10.00 Barns 10.00 Multiple Family Structures First Two Units 40.00 Each Additional Unit 10.00 Commercial Units-Min. Fee 10.00 ($2.00 per $100.00 Demolition Cost) Fire Copy of Fire/E.MS. Incident Reports 20.00 Building Reinspection Fees 42.00 per hour Burning Permits 20.00 Fire & Pyrotechnics Special Effects 250.00 Home Occupation Inspections 42.00 per hour Other inspections as requested 42.00 per hour Permits outlined in Article 1 1997 UFC 25.00 Special Investigation as requested 42.00 per hour Sewer Availability Charge 1,050.00 Hoarding of Horses 207 Boarding 10.00 per day Impoundment of horses 25.00 per hour per person Transportation (Trailer rental) 40.00 Stable Fee 3.00 Non-Intoxicating Liquor 213 Off Sale 40.00 per year On Sale 200.00 per year Tree Trimmer License 214 License Fee 25.00 per year Plan Check Fee for Trees 60.00 Street Opening Permit 10.00 220 Adult Use Business License 7,500.00 per year 222 Junkyard License 226 License 200.00 First Reinspection Fee 150.00 r Second Reinspection Fee 200.00 Third Reinspection Fee 250.00 Cigarette license 75.00 227 Outdoor Party Permit 5.00 232 Dog License 233 One year license 2.50 Two year license 5.00 Commercial Kennel 150.00 Recording Fee: Abstract Property 25.00 Torrens Property 40.00 Renewal 25.00 Private Kennel 25.00 Intoxicating Liquor 235 On Sale Liquor 4,000.00 per year On Sale Wine 500.00 per year On Sale Sunday 200.00 per year Off Sale Liquor 200.00 per year Adopted by the City Council of the City of Andover this 15th day of December. 1998. Attest: CITY OF ANDOVER tL/;;w ()~ fl· [ pk J!~&7 If. E. McKelvey - Mayor -. Victoria V olk - City Clerk CITY OF ANDOVER I COUNTY OF ANOKA STATE OF MINNESOTA NO. R262-98 A RESOLUTION ESTABLISHING SERVICE CHARGES TO BE COLLECTED IN 1999. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following service charges are hereby established for the year 1999. Service Charge Well and Septic Locate 30.00 per hour Special Assessment Searches 12.00 City Maps 2.00 Zoning Maps 3.50 Colored Zoning Map 15.00 Copies (per sheet) Up to 8-1j2x14 .25 Oversize .50 18" x 24" 2.50 24" x 36" 3.00 Larger 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 Top Union scale + 25 % Research by Staff 25.00 per hr. (Min. $13.00) Administrative Fee 15% of total labor charge Removal of Sediment & Debris from Streets 80.00jhour (min. V2 hour) Adopted by the City Council of the City of Andover this 15th day of December. 1998. CITY OF ANDOVER Attest: Ai. &)J/¿f:~ J. E. McKelvey - Mayor d;~ ~Æ Victoria V oIk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 263-98 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 1999. Type of Permit Fee Certificate of Occupancy $ 4.00 Plan Check/Residential 65 % of permitfee 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 Heath 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 Septic Dumping 5.00 per load Gas Fireplace Permit 40.00 per unit The permit fee schedule for the Building Department for 1999 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 lA. The above fees apply to repairs and alterations requiring inspections as well as all new installations. I Adopted by the City Council of the dty of Andover this 15th day of December, d98. CITY OF ANDOVER Attest: ¥ { tJ¡(/ ;(j~, p. E. McKelvey : Mayor (/ ¡j;;t;,,~/ ()~ Victoria V olk - City Clerk CITY OF At'iDüVER ( COUNTY OF At'iOKA STATE OF MINNESOTA Res. No. 264-98 A RESOLUTIO,," SETTR'G R"-TES FOR PERMITS, CO,,"NECTION FEES, SERVICES MiD WATER USAGE PURSL\.NT TO ORDINA,,"CE :'í0. 55, SECTIO:'í 3 At~D RESOLUTION 101-81. THE CITY COUNCIL OF THE CITY OF A."iDOVER HEREBY RESOLVES: SECTION 1. WATER PERmT FEES REF. ORDINAt~CE 55 I. Service/Connection $50.00 Section 21 and 22 2. Tapping Main 30.00 Section 9 3. DisconnectionlReconnection Requests 30.00 Section 12 4. HVAC 15.00 Section 20 5. Underground Sprinklers 20.00 6. Re-inspection (all) 25.00 SECTION 2. SERVICE CHARGES 1. Testing 5/8",3/4", 1" 30.00 1-112" and up meters Cost plus 10% 2. Violation P Shut-off (7:00 am-3:00 p.m.) $50.00 Shut-off (after hours) $75.00 SECTION 3. WATER METER CHARGES I. 3/4" Meter (Short lay length) $150.00 2. 5/8" Meter 125.00 3. I" Meter 300.00 4. Special Sizes Cost plus 10% handling 5. Laterals $31.001F.F. (estimate) SECTION 4. UNIT CONNECTION CHARGES 1. Residential $1,325.00 per unit * 2. Non-Residential, per REC $710.00 per unit or $7,100.00 per acre, whichever is higher * * Rates obtained from June 1997 Compo Water Plan (Table 4-9, page 4-32) SECTION 5. WATER AREA CHARGES 1. Residential and Commercial $1,195.00 per acre f SECTION 6. USAGE CHAR¡GI:..., 1. Water: Billed Quarterly $7.30 .98 per 1,000 for 1st 10,000 gal. 1.01 per 1,000 for 10,001 through 20,000 1.05 per 1,000 for 20,001 through 35,000 1.12 per 1,000 for 35,001 through 60,000 1.20 per 1,000 for 60,00 I through 100,000 1.35 per 1,000 for 100,001 through 200,000 1.60 per 1,000 for 200,001 and above Minimum per quarter 8.30 PenaltylLate Payment 10% 2. Sewer Area A $31.50 per quarter Area B 43.50 per quarter PenaltylLate Payment 10% SECTION 7. SANITARY SEWER RATES I. Sewer Area Charge $1,126.00 2. Sewer Connection Fee (Commercial Connection Fee Rate=1 Connection Fee for each SAC Unit) $306.00 3. Laterals 31.00fF.F. 4. Hookup Pennit Fee (Sewer) 40.00 plus surcharge 5. Sewer Availability Charge (Metro) $1,050.00/SAC 6. Plumbing (Homeowner contracts for) SECTION 8. EFFECTIVE DATE The rate charges as shown shall be effective January I, 1998. Adopted by the City Council of the City of Andover this 15th day of pecember, 1998. Attest: CITY OF ANDOVER !lL~ ~%~~ t/db . E. McKelvey - Mayor Victoria V olk - City Clerk