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Home My WebLink About1997 MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 001-97 Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN ,PROJECT NO. 94-6, IN THE 1425 ANDOVER BOULEVARD NW AREA. WHEREAS, the City Council has received a petition, dated December 18. 1996 . 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 Dehn and adopted by the City Council at a regular meeting this 7th day of January , 1997, with Councilmembers Knight. Dehn. McKelvey Kunza. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~. 1. /fJv K~~ .E. McKelvey - Ma r iJrUJ I~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R002-97 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF GREG LEE TO CONSTRUCT AN AUTOMOBILE REPAIR FACILITY PURSUANT TO ORDINANCE NO.8, SECTION 7.03 ON PROPERTY LOCATED AT 2384 136TH AVENUE NW (PIN 34-32-24-32-0013). WHEREAS, Greg Lee has requested a Special Use Permit to allow for construction of an automobile repair facility pursuant to Ordinance No.8, Sections 5.03 and 7.03 on property located at 2384 136th Avenue NW, legally described as Lot I, Block 2, Andover Commercial Park Addition. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held 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 Permit on said property with the following conditions: 1) That the Special Use Permit be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(d). 2) That the Special Use Permit be subject to annual review and site inspection by City Staff. 3) That the applicant secure a Hazardous Waste Generator's License from Anoka County and provide the City proof of such license. Page Two SUP 96-24, Greg Lee 2384 136th Avenue NW January 7,1997 4) That the site be subject to meeting the requirements of Ordinance No.8, Section 8.08, Parking. 5) That the building shall be inspected by the City Building Official and the Fire Marshal for code compliance. 6) That the hours of operation shall be limited to Monday through Friday, 6 a.m. to 6 p.m., and Saturday, 9 a.m. to I p.m. 7) At the end of each business day all vehicles under repair shall be kept either inside and be fully screened from surrounding properties. Adopted by the City Council of the City of Andover on this 7th day of January, 1997. CITY OF ANDOVER ATTEST: g. f /1)(; ;(el~ {i.E. McKelvey, May tLt-:t-~ d-tZ. Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R003-97 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF RUSSELL SHOBERG TO CONDUCT AN AUTOMOBILE DETAILING FACILITY PURSUANT TO ORDINANCE NO.8, SECTIONS 5.03 AND 7.03 ON PROPERTY OWNED BY JAMES E. RUNKE LOCATED AT 13476 HANSON BOULEVARD NW (PIN 34-32-24-44-0007). WHEREAS, Russell Shoberg has requested an Amended Special Use Permit to conduct an automobile detailing facility pursuant to Ordinance No.8, Sections 5.03 and 7.03 on property owned by James E. Runke located at 13476 Hanson Blvd. NW, legally described as the following: The East 268 feet of Lot 12, WATTS GARDEN ACRES ADDITION, except road, subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following conditions: 1) That the Special Use Permit be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(d). Page Two ASUP 96-25, Russell Shoberg 13476 Hanson Blvd. NW January 7,1997 2) That the Special Use Permit be subject to annual review and site inspection by City Staff. 3) That the applicant secure a Hazardous Waste Generator's License as required from Anoka County and provide the City proof of such license. 4) That the site be subject to meeting the requirements of Ordinance No.8, Section 8.08, Parking. 5) That the building shall be inspected by the City Building Official and the Fire Marshal for code compliance. 6) That the hours of operation shall be limited to Monday through Friday, 6 a.m. to 6 p.m., and Saturday, 9 a.m. to 1 p.m. 7) At the end of each business day all vehicles under repair shall be kept either inside the building or parked in a fenced in area of the property. Adopted by the City Council of the City of Andover on this 7th day of January, 1997. CITY OF ANDOVER ATTEST: (J. L Mv /(~ .E. McKelvey, Mayor L~~ fa", Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R004-97 A RESOLUTION GRANTING THE LOT spun VARIANCE REQUEST OF JOHN AND KARMEN MOHLENCAMP PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM DISTRICT REQUIREMENTS ON PROPERTY LOCATED AT 140 ANDOVER BOULEVARD NW (PIN 25-32-24-41-0001). WHEREAS, John and Karmen Mohlencamp have requested to split a portion of property pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 6.02, Minimum District requirements for an R-l, Single Family Rural District on property located at 140 Andover Blvd NW, legalIy described as folIows: The West Half of the West Half of the East Half of the Southeast Quarter of Section 25, Township 32, Range 24, Anoka County, Minnesota, except the following described tract: That part of Lot 4, AUDITOR'S SUBDIVISION No. 141 described as folIows: Beginning at the Northwest corner of said Lot 4 which point is the centerline of Anoka County Road No. 16 now known as Andover Boulevard; thence East and parallel to the North line of said Lot 4 a distance of 100.00 feet thence South and paralIel to the West line of said Lot 4 a distance of 1,2 I 0 feet, more or less, to the North line of Coon Creek as now laid out; thence West to the West line of said Lot 4; thence North along the West line of Lot 4 to the point of beginning. (Except the North 33 feet of said tract for road purposes.) 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 LS\V AR 96-10 140 Andover Blvd NW January 7,1997 WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split\variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split\variance on said property with the following conditions: I. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 2. That a covenant or combination of lots be recorded that legally binds that part of the split parcel to adjacent property owned by Bunker LLC. Adopted by the City Council of the City of Andover on this 7th day of January, 1997. CITY OF ANDOVER ATTEST: or t[~ I.la Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 005-97 A RESOLUTION REQUESTING ASSISTANCE FROM THE ANOKA COUNTY BOARD IN ACQUIRING 80 ACRES OF LAND SOUTH OF THE LANDFILL. WHEREAS, 80 acres ofIand immediately south ofthe WDE landfill has gone tax forfeit; and WHEREAS, Anoka County is custodian of the property for the State of Minnesota; and . WHEREAS, the City of Andover has expressed interest in acquiring the site; and WHEREAS, the State of Minnesota through its Pollution Control Agency has indicated payment will be due to the State for work done at the bordering WDE site upon sale of the property to Andover; and WHEREAS, the City of Andover does not have the funds available to pay extra to the State of Minnesota. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Andover on behalf of its citizens hereby requests the Anoka County Commissioners to request from the State a release of all fiscal claims related to the site. Adopted by the City Council ofthe City of Andover this 7th day of January, 1997. CITY OF ANDOVER ATTEST: c- . E. McKelvey - Ma r l~lAj Idu Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 006-97 A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY. WHEREAS, Minnesota Statutes, Section 118 sets forth the procedures for the deposit of public funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other financial institutions are, from time to time, able to pay the City of Andover interest rates on deposits which are greater than can be obtained from the official depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's official depository for 1997 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 MilIer, Johnson and Kuehn, Inc.; Prudential Securities, Inc.; Dain Bosworth Inc.; Dean Witter Reynolds Inc.; Piper Jaffray Inc.; Smith Barney Shearson Inc.; PaineWebber Inc.; and Investment Emporium in conjunction with Royal Alliance Associates, Inc. be designated as additional depositories for 1997 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 7th day of January, 1997. CITY OF ANDOVER ATTEST: l~ii;'J titb Victoria Volk - City Clerk , , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 007-97 VOID - should be an amendment to f;he zoning ordinance (Crown Pointe East 2nd Addition) ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO 008-97 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF CROWN POINTE EAST SECOND ADDITION BY ASHFORD DEVELOPMENT CORPORATION LOCATED IN SECTION 25, 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: I. A variance to Ordinance No.8, Section 6.02, for the setback of the existing structure on Prairie Road NW. 2. Lot 16, Block 4 requires the construction of a 440 square foot garage. 3. 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. 4. Park dedication shall be cash in lieu ofIand as determined and recommended by the Park and Recreation Commission as specified in Ordinance No. 10, Section 9.07. 5. Contingent upon rezoning of the property. 6. Contingent upon final review and approval of the preliminary plat, grading ,drainage and erosion control plan and tree protection plan by the Andover Review Committee. Adopted by the City Council of the City of Andover this 7th Januarv ,19--21-. day of CITY OF ANDOVER ATTEST: .f,}Jk~ . E. McKelvey, Mayor ~tf~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 009-97 MOTION by Councilmember Dehn 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. 97-5, IN THE WOODLAND ESTATES AREA. WHEREAS, the City Council has received a petition, dated December 27. 1996, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1.000.00 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a regular meeting this -11IL day of January, 1997, with Councilmembers Dehn. Ortler. McKelvey. Kunza. Knight voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: () f! lM / J ~, rn6 . .E. McKelvey - Ma or LLt;~) ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 010-97 MOTION by Councilmember Dehn 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. 97-6, IN THE SHADOWBROOK 2ND ADDITION AREA. WHEREAS, the City Council has received a petition, dated December 17. 1996, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1.000.00 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this..11!L day of January, 19 97, with Councilmembers Dehn. Orttel McKelvey. Kunza. Knight voting in favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: (). ~:, J7J <- K/~rtr a.E. McKelvey - Mayo l_t-~ iUv Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 011-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF TRUNK WATERMAIN, PROJECT NO. 97-1 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS. . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 97-1 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate the City Engineer as the Engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a regular meeting this 21st day of January , 19 97 , with Councilmembers Knight. Ortlel. Kunza. McKelvey. Dehn (Absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~~~~,~~/b ~t1~ Victoria Volk - City Clerk MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 012-97 Knight to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SITE GRADING. STREETS & UTILITIES, PROJECT NO. 97-2, IN THE BUNKER LAKE BOULEVARD SERVICE ROAD AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically site grading streets and utilities in the following described area: Bunker Lake Boulevard Service Road; 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 TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 21st day of January, 19 97, with Councilmembers Knight. Orttel. Kunza. McKelvey. Dehn (Absent) 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 MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 013-97 Knight to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WELL #7, PROJECT NO. 97-12, IN THE SHADOWBROOK 2ND ADDITION AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements. specifically Well #7 in the following described area: Shadowbrook 2nd Addition ; 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 TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 21st day of January. 19 97, with Councilmembers Knight. Orttel. Kunza. McKelvey. Dehn (Absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: .~, fYJu ,J.E. McKelvey - Mayor ~t!~ Victoria Volk - City Clerk MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 014-97 Knight to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF A WATER STORAGE FACILITY, PROJECT NO. 97-13, IN THE SHADOWBROOK 2ND ADDITION AREA WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically a water storage facility in the following described area: Shadowbrook 2nd Addition ; 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 TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 21st day of January, 1997, with Councilmembers Knight. Orttel. Kunza. McKelvey. Dehn (Absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: If~~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 015-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 96-30 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA TIMBER OAKS ESTATES. WHEREAS, the City Council did on the 19th day of November ,1996, 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 January , 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 $ 393 015.00 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 $ 393 015.00 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 $ 30.700.00 with such payments to be made prior to commencement of work on the plans and specifications MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 21st day of January ,19-..Rl., with Councilmembers Knight. Orttel. Kunza. McKelvey. Dehn (Absent) 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 COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 016-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER , PROJECT NO. 97-7, IN THE CROWN POINTE EAST 2ND ADDITION AREA. WHEREAS, the City Council has received a petition. dated December 31, 1996, requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1.000.00 3. The proposed improvement is hereby referred to McCombs Frank Roos Associates Inc. and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Ortlel and adopted by the City Council at a regular meeting this 21st day of January, 1997, with Councilmembers Knight. Ortlel. Kunza. McKelvey Dehn (Absent) voting in favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: I~U Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 017-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-1.. TO PROJECT NO. 94-33B. COMMERCIAL BOULEVARD NW EXTENSION/CONTAMINATED SOIL & DEBRIS REMOVAL (PART 1). WHEREAS, the City of Andover has a contract for Project No. 94-33B with Belair Excavating of New Brighton. MN . NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-338. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 21st day of January ,19-9L, with Councilmembers Knight. Orttel. Kunza. McKelvey. Dehn (Absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (J ,;[r~/ !iLb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 018-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER # 1(BALANCING) TO PROJECT NO. 93-17, CROWN POINTE. WHEREAS, the City of Andover has a contract for Project No. 93-17 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. 93-17 MOTION seconded by Councilmember Ortiel and adopted by the City Council at a regular meeting this 21st day of January ,19--9L, with Councilmembers Knight Ortie!. Kunza. McKelvey. Dehn (Absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Q.~. m~K~ (,I.E. McKelvey - Mayo /f~ !./b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 019-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO C.w. HOULE INC. FOR PROJECT NO. 93-17, CROWN POINTE. WHEREAS, pursuant to a written contract signed with the City of Andover on July 16 ,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 under said contract 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 on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 21st day of January ,19.-R, with Councilmembers Knight. Orttel. Kunza. McKelvey. Dehn (Absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ~jLb ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 020-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF CRACKSEALlNG PROJECT NO. 97-3 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 97-3 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate the City Engineer as the Engineer for this improvement and he is directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a regular meeting this 21st day of January ,1997, with Councilmembers Knight Ortlel. Kunza McKelvey. Dehn (Absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (/ j.E. McKelvey - Mayor ~tI~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 021-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF SEALCOATING PROJECT NO. 97-4 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 97-4 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate the City Engineer as the Engineer for this improvement and he is directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 21st day of January , 1997, with Council members Knight. Orttel Kunza. McKelvey. Dehn (Absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Q, 1JJv L~/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 022-97 MOTION by Council member Knight to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF MISCELLANEOUS CONCRETE CURB AND GUTTER PROJECT NO. 97-11 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 97-11 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate the City Engineer as the Engineer for this improvement and he is directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 21st day of January , 1997, with Councilmembers Knight. Orttel. Kunza. McKelvey. Dehn (Absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~j.& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R023-97 A RESOLUTION APPROVING THE LOT spun VARIANCE REQUEST OF JILL SPURGIN TO CREATE TWO PARCELS PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM DISTRICT REQUIREMENTS, ON PROPERTY LOCATED AT 17841 BLUEBIRD STREET NW (PIN 02-32-24-24-0001). WHEREAS, Jill Spurgin has requested a lot split\variance to create two parcels pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 6.02, Minimum District requirements for an R-l, Single Family Rural District on property located at 17841 Bluebird Street NW, legally described as follows: That part of the Northwest Quarter of Section 2, Township 32, Range 24, in Anoka County, Minnesota described as follows: Commencing at a point on the South line of said Northwest Quarter, distant 1400 feet East of the Southwest corner of said Northwest Quarter; thence North, assumed bearing, and parallel with the West line of said Northwest Quarter a distance of631.00 feet to the point of beginning ofland to be described; thence continue North on same described line a distance of245.78 feet; thence northeasterly on a curve to the right having radius of248.59 feet a distance of243.11 feet; thence North 56 degrees, 02 minutes, 00 seconds East a distance of2l0.57 feet; thence South 22 degrees, 47 minutes, 44 seconds East a distance of298.45 feet to a point which is 1800 feet East of the West line of said Northwest Quarter as measured along its South line and 930 feet North of the South line of said Northwest Quarter as measured along its West line; thence South and parallel with the West line of said Northwest Quarter a distance of 298.83 feet; thence westerly and parallel with the South line of said Northwest Quarter a distance of 400.01 feet to the point of beginning. Subject to an easement for road purposes over the westerly and northwesterly 33 feet thereof. WHEREAS, a public hearing was held and there was opposition to the request; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria for granting a lot split\variance pursuant to Ordinances No.8 and 40; and Page Two LS 96-08 Variance 1784 I Bluebird Street NW January 21, 1997 WHEREAS, the City Council has reviewed the request and disagrees with the recommendation of the Planning Commission and finds that said request meets the criteria for granting a lot split\variance pursuant to Ordinances No.8 and 40; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, the City Council approves the lot split\variance as requested and cites the following reason for approval: I) Configuration of the property and location of the existing home would not allow the proposed common lot line of the new parcel to accommodate the 300 foot minimum lot width at front setback, although the combined average lot width for both parcels exceeds 300 feet. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the lot split\variance on said property. Adopted by the City Council of the City of Andover on this 21st day of January. 1997. CITY OF ANDOVER ATTEST: . Z. Ir)v i~, i/L Victoria Volk, City Clerk MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 024-97 Knight to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF TRUNK SANITARY SEWER & WATERMAIN , PROJECT NO._ 97-9, IN THE SECTION 23 (CHESTERTON COMMONS/HAMILTON PROPERTY) AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically trunk sanitary sewer and watermain in the following described area: Section 23 (Chesterton Commons/Hamilton Property) ; 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 TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 21M day of January. 19 97, with Councilmembers Knight. Orttel. Kunza. McKelvey. Dehn (Absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: , ({, 'y)Ju J! \ .E. McKelvey - Mayor ~tf~ Victoria Volk - City Clerk MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 025-97 Knight to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF A INTERSECTION IMPROVEMENTS & BIKEWAYIWALKWAY TRAILS, PROJECT NO. 97-14, IN THE PRAIRIE ROAD NW & BUNKER LAKE BOULEVARD NW AREA. WHEREAS, the City Council of the City of Andover is cognizant of the need for improvements, specifically intersection improvements and bikeway/walkway trails in the following described area: Prairie Road NW & Bunker Lake Boulevard NW ; 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 SEH and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 21st day of January. 19 97, with Councilmembers Knight. Orttel. Kunza. McKelvey. Dehn (Absent) 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 RES. NO. 026-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND CALLING FOR A PUBLIC HEARING ON IMPROVEMENTS OF WATERMAIN. STORM SEWER AND STREETS , PROJECT 95-14, IN THE CROOKED LAKE BOULEVARD AREA.. WHEREAS, pursuant to Resolution No. 140-95 adopted the ~ day of_ August , 19~, a Feasibility Report has been prepared by Maier-Stewart and Associates for the improvements; and WHEREAS, such report was received by the City Council on the 2nd day of January , 19 96; and WHEREAS, a Public Hearing was originally held for this project on February 6. 1996; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 619.100.00 . 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. 95-14. 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 $ 619.100.00. 3. A public hearing shall be held on such proposed improvement on the 18th day of February , 19 97 at Oak View Middle School 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 21st day of January ,1997, with Councilmembers Knight. Orttel. Kunza. McKelvey. Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: ~~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 027-97 A RESOLUTION CONCURRING WITH PARTIAL FUNDING OF THE BUNKER HILLS BIKEWAYIWALKWAY TRAIL THROUGH THE COOPERATIVE TRAIL GRANT PROGRAM. WHEREAS, the City has adopted in the City Comprehensive Plan a bike/hike trail system plan links residential areas with recreational and community facilities; and WHEREAS, the trail system plan includes a trail along Coon Creek; and WHEREAS, the proposed trail along Coon Creek which will connect the Bunker Hills Park and will provide a transportation link from residential areas to the City facilities, the school campus and its numerous recreational facilities; and WHEREAS, the City is not able to fully fund the Bunker Hills BikewaylWalkway Connection; and WHEREAS, the trail project is eligible for funding through the Cooperative Trail Grant Program administered by the DNR. NOW, THEREFORE, BE IT RESOLVED that the Andover City Council does hereby concur with the partial funding of the Bunker Hills BikewaylWalkway Connection through the Cooperative Trail Grant program; and does hereby name Jean McGann, City Finance Director, as the City's Fiscal Agent for the Bunker Hills BikewaylWalkway Connection project. Adopted by the City of Andover this 21st day of January .1997. CITY OF ANDOVER ATTEST: ~' t, !1/vtb . .E. McKelvey - May I. -~'. / tlvffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 028-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF CITY HALL PARKING LOT CONSTRUCTION PROJECT NO. 94-30B AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-308. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate the City Engineer as the Engineer for this improvement and he is directed to prepare plans and specifications for such improvements. MOTION seconded by Council member Kunza and adopted by the City Council at a regular meeting this 21st day of January ,19 97 , with Councilmembers Knight Orttel. Kunza. McKelvey. Dehn (Absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~' ~. m&~~ 6-.E. McKelvey - Mayor ,L~ Vp Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 029-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF CITY HALL PARKING LOT LIGHTING PROJECT NO. 94-30C AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 94-30C. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Wunderlich-Malec Engineering. Inc. 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 21st day of January , 19j1L, with Councilmembers Knight Orttel. Kunza. McKelvey. Dehn (Absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . ~. mC/ j{ .E. McKelvey - Mayor lL-~ ddP Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 030-97 A RESOLUTION AUTHORIZING A PER DIEM COMPENSA nON TO PARK 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 for the chairperson and $15.00 shall be allowed per member ofthe Park Commission. Adopted by the City Council ofthe City of Andover this 21st day of January, 1997. CITY OF ANDOVER t&. ~~K??!e;- !~~ ATTEST: u~ ;j~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 031-97 A RESOLUTION AUTHORIZING A PER DIEM COMPENSATION TO PLANNING AND ZONING COMMISSION. The City Council of the City of Andover hereby resolves: A per diem compensation in the amount of $30.00 shall be allowed per meeting for the chairperson and $15.00 shall be allowed per member ofthe Planning and Zoning Commission. Adopted by the City Council ofthe City of Andover this 21st Day of January, 1997. CITY OF ANDOVER ~ 1 /J1c-fLJ . E. McKelvey - Mayo{l ATTEST: ~Ub Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 032-97 A RESOLUTION AUTHORIZING THE MAYOR AND CITY COUNCIL ANNUAL SALARY. The City Council of the City of Andover hereby resolves: An annual salary in the amount of $4,200 shall be paid to the Mayor of the City of Andover and an annual salary in the Amount of $3,600 shall be paid to the City Council Members of the City of Andover. Adopted by the City Council ofthe City of Andover this 21st day of January, 1997. CITY OF ANDOVER ATTEST; d~ Ifg Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 033-97 A RESOLUTION APPROVING THE REVISED GRADING/DRAINAGE/EROSION CONTROL PLAN OF WOODLAND ESTATES AS BEING DEVELOPED BY WOODLAND DEVELOPMENT IN SECTION 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has revised the revised grading/drainage/erosion control plan; and WHEREAS, Resolution No. 297-96 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading/drainage/erosion control plan with a revision date of January 27 1997 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading/drainage/erosion control plan. Adopted by the City Council of the City of Andover this 4th day of February, 19 97 . CITY OF ANDOVER ATTEST: ~. z. )17v{~ .E. McKelvey - Mayor ({ ~u Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 034-97 MOTION by Councilmember Knight adopt the following: A RESOLUTION APPROVING CHANGE ORDER #4 (COMPENSATING) TO PROJECT NOS. 93-7 & 94-13, CITY HALL PARK COMPLEX #2 & ANDOVER COMMERCIAL PARK. WHEREAS, the City of Andover has a contract for Project Nos. 93-7 & 94-13 with F.M. Frattalone Excavating of St. Paul. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project Nos. 93-7& 94-13. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 4th day of February , 19~, with Councilmembers Knight. Dehn. McKelvey Kunza. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~. 1, IJvkjb ({J.E. McKelvey - Mayor ~d/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 035-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO F.M. FRATTALONE EXCAVATING FOR PROJECT NOS. 93-7 & 94-13, CITY HALL PARK COMPLEX #2 & ANDOVER COMMERCIAL PARK. WHEREAS, pursuant to a written contract signed with the City of Andover on September 12 ,19 94 , F.M. Frattalone Excavatina of St. Paul 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 under said contract 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 on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ...A1h... day of February , 19.JIT.., with Councilmembers Knight Dehn. McKelvey Kunza Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: , ~, )1) (./ .E. McKelvey - Mayor ~d/& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R036-97 A RESOLUTION DECLARING A ROTTWEILER AND A PIT BULL MIX OWNED BY SHERRY ROTAR, 3529 - 139TH AVENUE N.W. AS "BITING DOGS" PURSUANT TO ORDINANCE 53, THE DOG ORDINANCE. WHEREAS, a rottweiler and a pit bull mix have been allowed to run at large; and WHEREAS, said dogs have threatened to attack several neighbors and others visiting in the area; and WHEREAS, City Ordinance 53 defines a biting dog as one which has attacked or threatened to attack a person or another domestic animal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to declare as "biting dogs", a rottweiler and a pit bull mix owned by Sherry Rotar, 3529 139th Avenue NW, Andover, MN. BE IT FURTHER RESOLVED that should any future violations of Section 16 of Ordinance 53 occur, the dogs will be declared nuisances and will need to be destroyed or removed from the city permanently. Adopted by the City Council of the City of Andover this ~ day of Februarv, 1 99.L. CITY OF ANDOVER Attest: ~ irtb Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 037-97 MOTION by Council member Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 96-28. WELL #3 MAINTENANCE. WHEREAS, the City of Andover has a contract for Project No. 96-28 with Alberg Water Services. LLC of Elk River. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 96-28. MOTION seconded by Council member Dehn and adopted by the City Council at a regular meeting this 18th day of February , 19.JIT., with Councilmembers Knight. Dehn. McKelvey. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: fl r J/!o~~ UE. McKelvey - Ma r ,~ tlv-a Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 038-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREETS. WATERMAIN. STORM AND SANITARY SEWER PROJECT NO. 95-14 IN THE CROOKED LAKE BOULEVARD AREA AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. WHEREAS, pursuant to Resolution No. 140-95 adopted the ~ day of_ August, 19 95, a Feasibility Report has been prepared by Maier-Stewart and Associates for the improvements; and WHEREAS, Resolution No. 026-97 of the City Council adopted on the 21st day of January, 19~, fixed a date for a public hearing; and WHEREAS, pursuant to the required published and mailed notice, such hearing was held on the 18th day of February , 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. 95-14 BE IT FURTHER RESOLVED that the City Engineer is to obtain all the necessary drainage and utility easements before construction. MOTION seconded by Councilmember McKelvey and adopted by the City Council at a regular meeting this 18th day of February ,19 97, 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. ATTEST: CITY OF ANDOVER P ~ 4/t~~ ,I.i.E. McKelvey - May J~j~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R039-97 A RESOLUTION APPROVING THE AMENDED SPECIAL USE PERMIT REQUEST OF MICHAEL AND SUE BLEEKER TO CONSTRUCT AN ACCESSORY STRUCTURE PRIOR TO THE CONSTRUCTION OF A PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT 16473 VALLEY DRIVE, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Michael and Sue Bleeker have requested a Amended Special Permit to construct an accessory structure prior to the construction a principal structure on the property legally described on Exhibit Ai and Use of WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 4.05/ 5.03 and 6.02; 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 Amended Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the request of Michael and Sue Bleeker to construct an accessory structure prior to the construction of a principal structure on said property with the following conditions: 1. All conditions stated in Resolution R098-95 shall be met. 2. The construction of the principal structure shall be initiated within one (1) year of the granting of the Amended Special Use Permit. 3. The applicant agrees to keep all equipment and machinery within the proposed outbuilding or screened so as not to be visible from adjacent properties prior to, and after business hours. 4. The Amended Special Use Permit shall be subject to a sunset clause as established in Ordinance No.8, Section 5.03(D). 5. The applicant shall re-Iocate (if necessary) any accessory building(s) and comply with Ordinance No.8, Section 4.05 - Placement of Accessory Structures, prior to the construction of a principal structure. 6. Placement and construction of accessory building shall meet all applicable City Ordinances and State (building and fire) Codes. Adopted by the City Council of the City of Andover on this ~ day of February, 1997. ATTrT.: . / /J/J It _ '2!f;j u' ()~ Victoria VOlk, City Clerk r EXHIBIT A L29234 That part of the Northwest Quarter of the Northwest Quarter of Section 17, Township 32. Range 24, Anoka County, Minnesota described as follows: Commencing at the Northwest corner of said Section 17: thence South 89 degrees 45 minutes 51 seconds East. assumed bearing along the North line of said North line of said Section 17 a distance of 439.84 feet to its intersection with the centerline of Valley Drive: thence South 3 degrees 45 minutes 42 seconds East along said centerline a distance of 235.40 feet: thence South 461.35 feet along a tangential curve concave to the west. having a radius of 2204.18 feet and a central angle of 11 degrees 59 minutes 33 seconds: thence South 8 degrees 13 minutes 51 seconds West tangent with said curve 289.39 feet; thence South 81 degrees 46 minutes 09 seconds East 300.30 feet: thence North 14 degrees 56 minutes 26 seconds East 342.35 feet; thence South 89 degrees 45 minutes 51 seconds East 247.86 feet: thence North 0 degrees 14 minutes 09 seconds East 70.09 feet to the point of beginning of the land to be described: thence North 0 degrees 14 minutes 09 seconds East 322.18 feet to a point 300.00 feet south of the north line of said Section 17: thence North 89 degrees 45 minutes 51 seconds West 572.25 feet to the centerline of said Valley Drive; thence Northerly along the centerline of said Valley Drive to the North line of said Section 17; thence easterly along said north line to the northeast corner of the Northwest Quarter of the Northwest Quarter of said Section 17; thence Southerly along the East line of said Northwest Quarter of the Northwest Quarter of Section 17 to the intersection with a line which bears South 89 degrees 45 minutes 51 seconds East from the point of beginning: thence North 89 degrees 45 minutes 51 seconds West 270.16 feet to the point of beginning and there terminating. Said parcels contains 7.81 acres more or less. Subject to Valley Drive. ~ ~ .' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 040-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...1.. TO PROJECT NO. 94-30. CITY HALL. WHEREAS, the City of Andover has a contract for Project No. 94-30 with the following: Adolfson & Peterson of Mpls, MN American Structural Metals, Inc. of Hugo, MN Crosstown Masonry of Ham Lake, MN Merrimac Construction of Anoka, MN Roof Tech, Inc. of Stillwater, MN W.L. Hall Company, Inc. of Eden Prairie, MN Mulcahy, Inc. of Oakdale, MN MSA Industries of Eagan, MN Spartan Mechanical, Inc. of Eden Prairie, MN Industrial Electric Company of Mpls, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-30. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 18th day of February , 19---.9L, with Councilmembers Knight. Dehn. McKelvey Orttel Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ~u Victoria Volk - City Clerk (). f. J/lvJ(:l~ tfE. McKelvey - Mayor . ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 041-97 MOTION by Council member Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #....2.. TO PROJECT NO. 94-30. CITY HALL. WHEREAS, the City of Andover has a contract for Project No. 94-30 with Roof Tech. Inc. of Stillwater. MN and W.L. Hall Company. Inc. of Eden Prairie. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-30. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 18th day of February , 19,JtL, with Councilmembers Knight. Dehn. McKelvey Orttel Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: f t Ja<47- /j.E. McKelvey - Mayo L~Mv' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 042-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-3 , FOR CRACKSEALlNG. WHEREAS, pursuant to Resolution No. 020-97 , adopted by the City Council on the 21st day of January , 19~, the City Engineer has prepared final plans and specifications for Project 97-3 for cracksealing; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of March , 19.-9L. 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 27 , 19 97 at the Andover City Hall. MOTION seconded by Councilmember Kunza and adopted by the City Council at a reaular meeting this ~ day of March , 19 97 , with Councilmembers Dehn. Kunza. McKelvey. Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: /J ~, h1c.-~i~~/ fiE. McKelvey - Mayor =; Li;~ a-&/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 043-97 MOTION by Council member Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-4 , FOR SEALCOATING. WHEREAS, pursuant to Resolution No. 021-97 , adopted by the City Council on the 21st day of January , 19~, the City Engineer has prepared final plans and specifications for Project 97-4 for sealcoating; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 4th day of March , 19-.lIT... 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 10:30AM , Thursday. March 27 ,1997 at the Andover City Hall. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this..A1lL day of March, 19 97 , with Councilmembers Dehn. Kunza. McKelvey Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~, t, me.- j(~ ;J.E. McKelvey - Mayor y. ,iLi"W ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 044-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 96-30 ,IN THE AREA OF TIMBER OAKS ESTATES FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to Resolution No. 015-97 ,adopted by the City Council on the 21st day of January ,19-.9L, the City Engineer has prepared final plans and specifications for Project 96-30 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 4th day of March , 19---.az.. 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 , Wednesday. April 9 ,19 97 at the Andover City Hall. MOTION seconded by Council member Kunza and adopted by the City Council at a regular meeting this..A1h... day of March , 19 97 , with Councilmembers Dehn. Kunza. McKelvey Knight. Orttel voting in favor of the resolution, and Councilmembers none resolution was declared passed. voting against, whereupon said CITY OF ANDOVER ATTEST: J- q, me- )(;~./k/ t.J.E. McKelvey - Mayor t7 L~t-~,.J d/L- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 045-97 A RESOLUTION APPROVING THE REVISED GRADING/DRAINAGE/EROSION CONTROL PLAN OF WOODLAND ESTATES AS BEING DEVELOPED BY WOODLAND DEVELOPMENT IN SECTION 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has revised the revised grading/drainage/erosion control plan; and WHEREAS, Resolution No. 297-96 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading/drainage/erosion control plan with a revision date of February 25. 1997 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading/drainage/erosion control plan. Adopted by the City Council of the City of Andover this 4th day of March, 19 97. CITY OF ANDOVER ATTEST: q, f. me.- ~1~ aE. McKelvey - Mayor lL~ !tIL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R046-97 A RESOLUTION STATING THE CITY OF ANDOVER'S SUPPORT FOR THE CONSTRUCTION AND OPERATION OF THE "RETAIL" PORTION OF THE UNITED STATES POSTAL SERVICE FACILITY TO BE CONSTRUCTED IN THE CITY OF ANDOVER. WHEREAS, the City of Andover has been informed that the United States Postal Service is proposing to construct a postal facility on the northeast corner of Ranson Boulevard NW and Crosstown Boulevard NW; and WHEREAS, The City of Andover understands that the "retail" portion of the facility may not be constructed and operated at the time of the initial opening of the postal facility; and WHEREAS, the City of Andover requests and supports the construction and operation of the retail portion of the facility to provide a service to the residents of the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby declares the City's interest in the construction and operation of the "retail" portion of the postal facility. Adopted by the City Council of the City of Andover on this 3th_ day of _March,_1997. CITY OF ANDOVER ATTEST ( Ilf~ IL/~ Victoria Volk, City Clerk , t JJ1e- ~ O.~ .E. McKelvey, M~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. 047-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION IN SUPPORT OF CLEANUP OF CONTAMINATED LAND IN THE CITY OF ANDOVER. The City Council of Andover supports the cleanup and development of contaminated areas. WHEREAS, the City Council seeks assistance for the elimination of Hazardous Wastes in Andover; and NOW, THEREFORE, BE IT RESOLVED that the City of Andover supports H.F.692 and S.F.567 requesting funds for the elimination of Hazardous Waste Contamination and Blight in Andover. MOTION seconded by Councilmember Kunza and adopted by the City Council at regular meeting this 4th day of March . 1997 , with Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER Ii [. )4&~ . E. McKelvey - Mayo /[~ tla Victoria V olk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R 048-97 A RESOLUTION DENYING AN AMENDMENT TO ORDINANCE 8, SECTION 6.03 TO REZONE PROPERTY FROM R-l, SINGLE FAMILY RURAL TO GR, GENERAL RECREATION AND A SPECIAL USE PERMIT TO OPERATE A GOLF DRIVING RANGE AND PUTTING COURSE PURSUANT TO ORDINANCE NO.8, SECTION 7.03 FOR JEFF LEADENS ON PROPERTY LOCATED AT 2977 1 66TH LANE NW (PIN 09-32-24-34-0004 & 16-32-24-21-0002). WHEREAS, Jeff Leadens has requested an amendment to Ordinance 8, Section 6.03, to rezone property from R-l, Single Family Rural to GR, General Recreation; and a Special Use Permit to operate a golf driving range and putting course pursuant to Ordinance No. 8, Sections 5.03 and 7.03 on property located at 2977 1 66th Lane NW, legally described as the following: Unplatted City of Andover the Southeast Quarter of the Southwest Quarter of Section 9, Township 32, Range 24, Anoka County Minnesota (except the north 500 feet thereof) and (except the south 2 rods of the west 2 rods together with an easement over the west 1 rod of the north 500 feet of the Southeast Quarter of Southwest and over the south 1 rod of the Northwest Quarter of the Southwest Quarter and the west 1 rod of the south 1 rod of the Northeast Quarter ofthe Southwest Quarter for access purposes.) and The northern 440 feet of Lot 6, Block 3, HUNTERS HOLLOW ADDITION lying west of County Ditch No.6. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance No.8, Sections 5.03, 6.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the Rezoning and Special Use Permit as requested. Page Two Resolution, JeffLeadens 2977 166th Lane NW March 4, 1997 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 denies the Rezoning and Special Use Permit on said property for the following reasons: 1) That the proposed application would have a negative impact on existing traffic conditions. 2) That the proposed application would have a negative impact on surrounding property values. 3) That the proposed application is not consistent with the Comprehensive Plan. Adopted by the City Council of the City of Andover on this 4th day of March, 1997. CITY OF ANDOVER ATTEST: ;fif;,~, d~&/ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R049-97 A RESOLUTION DECLARING A DOG OWNED BY LEO KIMMEL, 3146 - 167TH LANE NW AS A BITING DOG. WHEREAS, a dog owned by Leo Kimmel attacked a cat owned by Jacqueline Neville; and WHEREAS, the injuries received by the cat were so extensive that the cat had to be euthanizedi and WHEREAS, City Ordinance 53 permits the City Council to declare such an animal as a "biting dog". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby declares a Rottweiler dog owned by Leo Kimmel, 3146 - 167th Lane NW a "biting dog". BE IT FURTHER RESOLVED that if another attack or threat of an attack occurs, the dog may be declared a nuisance and will be required to be destroyed or removed permanently from the city. Adopted by the City Council of the City of Andover this ~ day of March , 19l1... CITY OF ANDOVER Attest: J? E ~'Mcf!~~~or i~ I.(cb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 050-97 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 94-30A FOR FURNITURE IN THE AREA OF CITY HALL . WHEREAS, pursuant to advertisement for bid let for Monday, March 3, 1997, as authorized by the City Council, bids were received, opened and tabulated according to law with results as follows: Company Design Wise, Inc. Wagers Manufacturer Teknion Rosemount Office Systems, Inc.-Velocity System Total Bid $ 83,709 $105,012 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Design Wise. Inc. as being the lowest responsible bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Design Wise. Inc. in an amount not to exceed $ 90.000 for purchase, design and installation of Modular Panel Systems Furniture for the new City Hall addition. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 4th day of March, 1997, with Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Cl { )7;~)(;~ IX. E. McKelvey - Mayor tLLd~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. .ll2l...-9 7 A RESOLUTION AMENDING RESOLUTION NO. 294-96 (A RESOLUTION SETTING FEES FOR PERMITS, REZONING, 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 service charges are hereby established for the year 1997. TYPE OF FEE FEE ORDINANCE Rezoning Recording Fee for Rezoning Abstract Property Torrens Property $25.00 $3459 $40.00 8 Special Use Permit Recording Fee for Special Use Permit Abstract Property Torrens Property $25.00 $3159 $40.00 8 Lot Split Recording Fee for Lot Split Abstract Property Torrens Property $25.00 $31,59 $40.00 40 Kennel License Commercial Kennel License Recording Fee: Abstract Property . Torrens Property Private Kennel License Annual Renewal (Kennel License) Pri':ate Kennel $150.00 23. $25.00 $31.50 $40.00 $100.00 $25.00 $25.99 Page Two (Resolution) Adopted by the City Council of the City of Andover this 4th day of March, 1997. ATIEST: CITY OF ANDOVER ~;J4 Victoria Volk, City Clerk -. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R052-97 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF CHRIS BEBERG AND JOHN SKOGMAN ON PROPERTY OWNED BY ROGER STREICH TO OPERATE A RETAIL TRADE AND SERVICE FACILITY (RETAIL LANDSCAPING SUPPLY AND CONTRACTING) IN AN I, INDUSTRIAL ZONING DISTRICT PURSUANT TO ORDINANCE NO.8, SECTION 7.03 ON PROPERTY LOCATED AT 13540 HANSON BOULEVARD NW (PIN 34-32-24-41-0006). WHEREAS, Chris Beberg and John Skogman have requested a Special Use Permit on property owned by Roger Streich to operate retail trade and service facility (retail landscaping supply & contracting) pursuant to Ordinance No.8, Sections 7.03 on property located at 13540 Hanson Boulevard NW, legally described as the following: The East half of Lot 13, Watts Garden Acres, Anoka County, Minnesota, except roads subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held 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 Permit on said property with the following conditions: 1) That the special use permit be subject to an annual review and site inspection. 2) That the special use permit be subject to a sunset clause as specified in Ordinance No.8, Section 5.03(D). Page Two SUP 97-03 Beberg & Skogman 13540 Hanson Boulevard NW March 18, 1997 3) That the hours of operation be limited to Monday through Friday, 7:00 a.m. to 8:00 p.m., Saturday from 7:00 a.m. to 5:00 p.m. and Sundays from 11 :00 a.m. to 4:00 p.m. 4) That at no time will material be stored outside the building or outside the storage area. 5) That the site meet the minimum parking requirements of Ordinance 8, Section 8.08. 6) That the building be inspected by the City Building Official and Fire Chieffor code compliance. Adopted by the City Council of the City of Andover on this 18th day of March, 1997. CITY OF ANDOVER ATTEST: 1 '- , ~. I7lv J.E. McKelvey, Mayo L;Z:;;u_J d& Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 053-97 RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Recitals. (a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds ofthe City's bonds used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. (b) The Regulations generally require that the City make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment). (c) The City heretofore implemented procedures for compliance with the predecessor versions of the Regulations and desires to amend and supplement those procedures to ensure compliance with the Regulations. (d) The City's bond counsel has advised the City that the Regulations do not apply, and hence the provisions of this Resolution are intended to have no application, to payments of City project costs first made by the City out of the proceeds of bonds issued prior to the date of such payments. 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out ofthe proceeds of subsequently issued bonds. The Council hereby authorizes the City Clerk or Finance Director to make the City's Declarations. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form ofthe Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. (b) Each Declaration shall (I) contain a reasonably accurate description of the "project," as defined in the financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. (c) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect to issue reimbursement bonds to finance the subject projects costs, and the City officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. (d) The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. 3. Reimbursement Allocations. The designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. 4. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. Adopted this 18th day of March, 1997, by the Andover City Council. CITY OF ANDOVER ATTEST: A . E. McKelvey, Mayor ( Li;. . ;( ,/;: 'Au./ ()~ Victoria Volk, City Clerk EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and acting City Clerk of the City of Andover, Minnesota, pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150- 2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: I. The undersigned has been and is on the date hereof duly authorized by the Andover City Council to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the "Project") and the costs thereofto be financed: SEE ATTACHED 3. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued by the City after the date of payment of such costs. As of the date hereof, the City reasonably expects that $ 3. I 20.000.00 is the maximum principal amount ofthe Bonds which will be issued to finance the Project. 4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section U50-2(d) (3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: March 18 ,199.1 IIL:::.J Uu Victoria V olk, City Clerk CERTIFICATION The undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, hereby certifies the following: The foregoing is true and correct copy of a Resolution on file and of official, publicly available record in the offices of the City, which Resolution relates to procedures of the City for compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly adopted by the governing body of the City (the "Council") at a regular or special meeting of the Council held March , 1997. Said meeting was duly called, regularly held, open to the public, and held at the place at which meeting of the Council are regularly held. Councilmember Jkhn moved the adoption of the Resolution, which motion was seconded by Councilmember Kunza. A vote being taken on the motion, the following members of the Council voted in favor of the motion to adopt the Resolution: Dehn, Knight, Kunza, McKelvey, Orttel and the following voted against the same: None Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full force and effect and no action has been taken by the Council which would in any way alter or amend the Resolution. WITNESS MY HAND officially as the City Clerk of the City of Andover, Minnesota, this ll1h.dayof March. 1997. li~ i1~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 054-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF CHERRYWOOD ESTATES AS BEING DEVELOPED BY WOODLAND DEVELOPMENT IN SECTION 36, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Council approved the preliminary plat of Cherrywood Estates ; and WHEREAS, the Developer has presented the final plat of Cherrywood Estates._ 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 Cherrywood Estates contingent upon receipt of the following: 1. City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of this 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 or any revisions thereof. 4. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 5. 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. 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. The dedication will be a combination of cash and land. BE IT FURTHER RESOLVED by the City Council of the City of Andover that: 1. Variance from Ordinance 10, Section 9.06 F to allow double frontage lots along Prairie Road. Block 1, Lots 12-18, Block 2, Lots 1-5. 2. Variance from Ordinance 10, Section 9.03G as the proposed streets do exceed the maximum allowed of 500 feet length for the cul-de-sacs north of 139th Lane NW. 3. Subject to custom grading. Adopted by the City Council of the City of Andover this 18th day of March, 19~. Lt~ !/O CITY OF ANDOVER fl t, mc-~i/7 ~E. McKelvey - Mayor ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 055-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF WOODLAND ESTATES AS BEING DEVELOPED BY WOODLAND DEVELOPMENT IN SECTION 22, TOWNSHIP 32, RANGE 24, ANOKA COUNTY. WHEREAS, the City Council approved the preliminary plat of Woodland Estates ; and WHEREAS, the Developer has presented the final plat of Woodland Estates. WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Woodland Estates contingent upon receipt of the following: 1. City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of this 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 or any revisions thereof. 4. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 5. 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. 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. BE IT FURTHER RESOLVED by the City Council of the City of Andover that: 1. A variance from Ordinance 10, Section 9.02C for the separation between Nightingale Street NW and the proposed 150th Lane NW. 2. The existing accessory structures are to termini for remain of no more than four (4) years and shall be described in the Development Agreement. 3. A variance from Ordinance 8, Section 6.02 for the following: a) Lot 12, Block 10, minimum lot depth requirement. b) Lot 12, Block 6, minimum lot depth requirement. Adopted by the City Council of the City of Andover this 18th day of March, 19....9L. CITY OF ANDOVER L~u Victoria Volk - City Clerk ~ f. J/1~.~L?, a. E. McKelvey - Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 056-97 MOTION by Councilmember Dehn 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. 97-5 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA WOODLAND ESTATES. WHEREAS, the City Council did on the ..11h.- day of January, 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 18th day of March, 19.-9L; and WHEREAS, the property owners have waived the right to a Public Hearing; and ATTEST: 1"T;,:U tf:g Victoria Volk - City Clerk WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 1.876.940.00 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 $ 1.876.940.00 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 $ 118 000.00 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 18th day of March , 19.-9L, with Councilmembers Dehn. Kunza. McKelvey. Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER f), ,f. m--J:L(f ..rE. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 057-97 BE IT RESOLVED that the City of Andover act as legal sponsor for the project contained in the Outdoor Recreation Grant Program Application to be submitted on March 18, 1997 and that the Assistant City Engineer is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of Andover. BE IT FURTHER RESOLVED that the City of Andover has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Andover has not incurred any costs and has not entered into any written agreement to purchase property. BE IT FURTHER RESOLVED that the City of Andover has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Andover may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Andover certifies that it will comply with all applicable laws and regulations as stated in the contract agreement and described in the Compliances section of the Outdoor Recreation Grant Program Application. NOW, THEREFORE BE IT RESOLVED that the City of Andover is hereby authorized to execute such agreement as are necessary to implement the project on behalf of the applicant. Adopted by the City Council of the City of Andover this March.1997. 18th day of I CERTIFY THAT the above resolution was adopted by the City Council of the City of Andover on March 18, 1997. ATTEST: ~tf4 CITY OF ANDOVER {/.g' a~~ a:E McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 058-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF INTERSECTION IMPROVEMENTS & BIKEWAYIWALKWAY TRAILS, PROJECT NO. 97-14 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 97-14 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate SEH 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 18th day of March ,19 97 , with Councilmembers Dehn. Kunza. McKelvey Knight Orttel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J. {. mc.ld/~ tJ.E. McKelvey - Mayor L~k Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 059-97 MOTION by Councilmember Dehn 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. 97-7 FOR SANITARY SEWER. WATERMAIN STREET AND STORM SEWER IN THE FOLLOWING AREA CROWN POINTE EAST 2ND ADDITION WHEREAS, the City Council did on the 21st day of January, 19 97 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by McCombs Frank Roos Associates. Inc. and presented to the Council on the 18th day of March, 19...J!L; and WHEREAS, the property owners have waived the right to a Public Hearing; and ATTEST: Ji.z-~~ L?t/. Victoria Volk - City Clerk WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 633.360.00 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 $ 633.360.00 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 $ 47 000 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 18th day of March , 19...J!L, with Councilmembers Dehn. Kunza. McKelvey. Knight. o rtle I voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Ii {! >>;,>J:i~ tr.'E. McKelvey - Mayor . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 060-97 MOTION by Council member Dehn 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. 97-6 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA SHADOWBROOK 2ND ADDITION WHEREAS, the City Council did on the ~ day of January, 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 18th day of March, 19....91...; and WHEREAS, the property owners have waived the right to a Public Hearing; and ATTEST: \L~ d~/ Victoria Volk - City Clerk WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 2.497820.00 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 $ 2497.820.00 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 $ 150.000.00 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 18th day of March , 19....91..., with Councilmembers Dehn Kunza. McKelvey. Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Y ~ llf'v ;:j,~ ~.E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 061-97 MOTION by Council member Dehn to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, PROJECT NO. 97-18, IN THE 752 - 140TH LANE NW AREA. WHEREAS, the City Council has received a petition, dated March 7. 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 the City 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 18th day of March, 19 97, with Councilmembers Dehn. Kunza. McKelvey. Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: C. r, mvX:~ a.E. McKelvey - Mayor ~t&o Victoria Volk - City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: March 18, 1997 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 18th day of March, 1997, at 7:00 o'clock ~.M. for the purpose, in part, of providing for the sale of the $3,120,000 General Obligation Improvement Bonds of 1997, Series A of said City. The following members were present: Dehn, Knight, Kunza, McKelvey, Orttel and the following were absent: None Member Orttel resolution and moved its adoption: introduced the following RESOLUTION PROVIDING FOR THE SALE OF $3,120,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, SERIES A R062-97 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City'S $3,120,000 General Obligation Improvement Bonds of 1997, Series A (the "Bonds"), to provide funds to finance the construction of various improvements in the City; and B. WHEREAS, the City has retained Juran & Moody, in St. Paul, Minnesota ("Juran"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a private negotiation in accordance with Minnesota Statutes, Section 475.60 , Subdivision 2 (9) : 346358.1 EXHIBIT A OFFICIAL TERMS OF BOND SALE $3,120,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, SERIES A CITY OF ANDOVER ANOKA COUNTY MINNESOTA (Book Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Sealed proposals will be opened by the City Clerk, or designee, on Tuesday, April 15, 1997, at 11:00 A.M., Central Time, at the offices of Juran & Moody, 1100 World Trade Center, 30 East Seventh Street, in Saint Paul, Minnesota 55101. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Andover City Hall beginning at 7:00 P.M., on the same day. BOOK ENTRY SYSTEM: The bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer through First Trust National Association, in St. Paul, Minnesota (the "Registrar") to DTC or 346358.1 A-l its nominee as registered owner of the bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. The Issuer will pay reasonable and customary charges for.the services of the Registrar. DATE OF ORIGINAL ISSUE OF BONDS: PURPOSE: May 1, 1997. For the purpose of providing funds to finance the construction of various improvements in the Issuer. INTEREST PAYMENTS: December 1, 1997, and semiannually thereafter on June 1 and December 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. December 1 in each of the years and amounts as follows: MATURITIES: Year Amount 1998-1999 2000 2001-2002 $650,000 610,000 605,000 All dates are inclusive. REDEMPTION: At the option of the Issuer, bonds maturing after December 1, 1999, shall be subject to prior payment on said date, and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment.' If redemption is in part, 346358.1 A-2 the bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. CUSIP NUMBERS: If the bonds qualify for assignment of CUSIP numbers such numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. TYPE OF PROPOSAL: Sealed proposals of not less than $3,088,800 and accrued interest on the principal sum of $3,120,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. 346358.1 A-3 Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit") in the amount of $62,400, payable to the order of the Treasurer of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Juran & Moody, and addressed to: Shirley Clinton, Treasurer Andover City Hall 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304-2612 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the Issuer. Such bond must be submitted to Juran & Moody prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Issuer will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting 346358.1 A-4 RATES: INFORMATION FROM PURCHASER: QUALIFIED TAX EXEMPT OBLIGATIONS: CONTINUING DIS- CLOSURE UNDERTAKING AWARD: 346358.1 of the Issuer scheduled for award of the bonds is adjourned, recessed, or continued to another date without award of the bonds having been made. All rates must be in integral multiples of 1!20th or 1!8th of 1%. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. The successful purchaser will be required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. The Issuer will designate the bonds as qualified tax exempt obligations for purposes of Section 26S{b) (3) of the Internal Revenue Code of 1986, as amended. The Issuer will covenant in the resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 1Sc2-12. Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. A-S The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. Dated: March 18, 1997. BY ORDER OF THE CITY COUNCIL /s/ Vicki volk City Clerk Additional information may be obtained from: JURAN & MOODY 1100 World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101 Telephone No.: (612) 224-1500 346358.1 A-6 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R063-97 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF CHESTERTON COMMONS BY ASHFORD DEVELOPMENT CORPORATION LOCATED IN SECTION 23, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and 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 recommended denial ofthe preliminary plat citing the inconsistency of the plat with the Comprehensive Plan; and WHEREAS, the City Council reviewed the preliminary plat and gives conditional preliminary plat approval subject to the following: 1. Geotechnical review of the soils information on the site. 2. Metropolitan Council approval of the Comprehensive Plan amendment relating to the rezoning of the property to single family residential. 3. Park dedication as determined and recommended by the Park and Recreation Commission. 4. Allow the developer to begin grading the site at his own risk at this time. 5. Appraisal to determine the park dedication fees. 6. Variances as included in the staff report; Item I, D to be worked on with Staff. 7. Approval of any outstanding engineering issues. 8. Approval of any other governmental bodies that impact it Adopted by the City Council of the City of Andover this 18th March , 19....2l... day of CITY OF ANDOVER ATTEST: / ('L ' C. );;7c-)i , jI. E. McKelvey, Mayo U .f il/ U . v~ I.J,~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.. 064-97 MOTION by Council member Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAIN STREET AND STORM SEWER , PROJECT NO. 97-8, IN THE CHESTERTON COMMONS AREA. WHEREAS, the City Council has received a petition, dated December 31 1996 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 McCombs Frank Roos Associates. Inc. and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Dehn City Council at a regular meeting this 18th day of March Councilmembers Dehn. Kunza. McKelvey. Knight. o rtte I and adopted by the ,19 97, with voting in voting favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: u. {. /Jk~~ Vd'.E. McKelvey - Mayor iLL, d-tb Victoria Volk - City Clerk ", '-,:.' ciTY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. Rnl;I,T97 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT CORPORATION FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP SINGLE F AMIL Y RURAL RESIDENTIAL LOTS/HOMES TO BE KNOWN AS THE SUBDMSION "TIMBER RIVER ESTATES" ON THE PROPERTY LEGALLY DESCRIBED ON EXHIBIT A. 'WHEREAS, Woodland Development Corporation has requested a Special Use Permit for a Planned Unit Development to develop single family rural residentiallotslhomes to be known as the subdivision of "Timber River Estates" pursuant to Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance Regulating Planned Unit Developments on the property legally described on the attached Exhibit A; and / \ WHEREAS, the Planning and Zoning Commission has reviewed t.he request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission frods the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and -- WrIEREAS, the Planning :md Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of Ordina!lCe No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance Regulating Planned Unit Developments; and WheREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the base line density has been established at 79 lots wlich includes the 20 percent density increase in meeting the four criteria for density increases; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation ofthe Planning and Zoning Commission to allow Woodland Development Corporation to develop a Planned Unit Development on said property with the following conditions: ( Page Two Resolution Special Use Permit - Planned Unit Development Timber River Estates - Woodland Development Corp. 1. All variances associated with the approval of the Special Use Permit for the Planned Unit Development shall be approved with the approval of the preliminary plat. 2. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(0). 3. The Special Use Permit shall be subject to annual review by Staff. 4. The Special Use Permit for the Planned Unit Development shall be contingent on the approval of the preliminary plat of Timber River Estates. Adopted by the City Council of the City of Andover on this 18th day of _ March .1997. ( CITY OF ANDOVER AITEST . t. ?1J.. tL~~ d~ Victoria Volk, City Clerk ( EXHIBIT A The South 5 rods of the North Half of the Northeast Quarter, Section 12, Township 32, Range 25, Anoka County, Minnesota; excepting therefrom ParcellS as shown on the Anoka County Highway Right-of-way Plat No.4. and The South Half of the Northeast Quarter, Section 12, Township 32, Range 24, Anoka County, Minnesota; excepting therefrom Parcel 14 as shown on the Anoka County Highway Right-of-way Plat No.4. and Government Lots 7 and 8, Section 12, Township 32, Range 24, Anoka County, Minnesota. ( -- ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO nt;t; -97 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF TIMBER RIVER ESTATES BY WOODLAND DEVELOPMENT CORPRA TION LOCATED IN SECTION 12, TOWNSIDP 32, RANGE 25, 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 preHm;n;"y 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: I. Variances to Ordinance No.8, Section 6.02 for lot area and lot width. ( 2. A variance from Ordinance 10, Section 9.05 for the length of the block exceeding 1,320 feet for 170th Lane NW and 170th Avenue NW. -. 3. Variances from Ordinance 10, Section 9.06A3 for the 150' x 150' building area requirement because of the fact that this a PUD. 4. All trails be surfaced as proposed by the developer indicating certain areas as bituminous and certain areas Class 5. 5. The developer obtains all necessary permits from the Lower Rum River Watershed Management Organization, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 6. Geotechnical engineering report being reviewed and approved by the independent geotechnical engineer and accepted by the City. 7. Address TKDA comments dated February 13, 1997 to the satisfaction of the City. 8. Address Engineering Department memo dated February 14, 1997 to the satisfaction of the City. ( '. Page Two Resolution Preliminary Plat - Timber River Estates March 18, 1997 9. A grading, drainage and erosion control plan be revised based on 6-8 above and approved by the City. 10. A street/storm sewer plan and profile being reviewed and approved by the City Engineer. 11. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No. 10, Section 9.07. 12. Contingent upon approval of the Special Use Permit for the Planned Unit Development. 13. Sidewalks and trails as determined by the City Council at a later date. ( 14. Variance to Ordinance No. 10, Section 8.04(k) to allow the developer to request a Special Use Permit for monument signage at a later date. Adopted by the City Council of the City of Andover this 18th _Mmh_, 19..!1L.. day of ATTEST: ~ (/.,LL Victoria Volk, City Clerk CITY OF ANDOVER ,,[. c-~ J.E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 067-97 A RESOLUTION APPROVING THE REVISED GRADING/DRAINAGE/EROSION CONTROL PLAN OF ROLLING MEADOWS ESTATES AS BEING DEVELOPED BY TSM DEVELOPMENT. INC. IN SECTION 12, TOWNSHIP 32, RANGE 25, ANOKA COUNTY, MINNESOTA. WHEREAS, the Andover Review Committee has revised the revised grading/drainage/erosion control plan; and WHEREAS, Resolution No. 266-95 continues to be in force regarding the preliminary plat; and WHEREAS, the City Council approves the revised grading/drainage/erosion control plan with a revision date of March 14. 1997 WHEREAS, including the staff recommendation as well as the variances to Ordinance 10 subject to a geotechnical engineering certification for the building file for the two homes on Lots 4 and 5, Block 2 that those home elevations be allowed to be adjusted to fit with the actual conditions of the 100 year flood of the pond to the southeast of those lots NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the revised grading/drainage/erosion control plan. Adopted by the City Council of the City of Andover this 18th day of March, 19 .9L CITY OF ANDOVER ATTEST: ;. t 71Je- A~L,-<,,-p' a.E. McKelvey - Mayor 1~~ d&. Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA (" STATE OF MINNESOTA , RES. NO. 068-97 MOTION by Councilmember KRi9'Bt to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 95-14 , IN THE AREA OF CROOKED LAKE BOULEVARD FOR STREETS. WATERMAIN. STORM AND SANITARY SEWER CONSTRUCTION. WHEREAS, pursuant to Resolution No. 038-97 , adopted by the City Council on the 18th day of February . 19~, Maier-Stewart and Associates has prepared final plans and specifications for Project ~ 14 for streets. watermain. storm and sanitary sewer construction. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of March , 19-9L. 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 April 24 , 19..9L at the Andover City Hall. MOTION seconded by Councilmember Dehn City Council at a regular meeting this 18th and adopted by the day of March , 19..9L. with Councilmembers Knight. Kunza. McKeJvey. OrtteLDehn voting in favor of the resolution, and Councilmembers none voting against. whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: rA. t l7J&~~ .E. McKelvey - Mayo \ dJz;;~ (J~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R069-97 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF WOODLAND DEVELOPMENT COMPANY TO ALLOW FOR THE INSTALLATION OF TWO (2) AREA IDENTIFICATION SIGNS PURSUANT TO ORDINANCE NO.8, SECTION 8.07(D)(2)(h) ON THE PROPERTY LOCATED AT 170XX ROANOKE STREET NW. WHEREAS, Woodland Development Company has requested a Special Use Permit to allow for the installation of two (2) area identification signs pursuant to Ordinance No.8, Section 8.07(D)(2)(h) on the property located at 170XX Roanoke Street legally described as follows: The South 5 rods of the North Half of the Northeast Quarter, Section 12, Township 32, Range 25, Anoka County, Minnesota; excepting therefrom Parcel 15 as shown on the Anoka County Highway Right-of-Way Plat No.4. and, The South Half of the Northeast Quarter, Section 12, Township 32, Range 24, Anoka County, Minnesota; excepting therefrom Parcel 14 as shown on the Anoka County Highway Right-of-Way Plat No.4 and, Government Lots 7 and 8, Section 12, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Platlning and Zoning Commission has reviewed the request and has determined that said request meets the criteria for granting a Special Use Permit stipulated in Ordinance No.8; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held 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 Pennit on said property with the following conditions: Page Two Resolution Special Use Permit/Area ID Sign/Timber River Estates 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. 3. The applicant execute a written agreement for the maintenance of the sign. 4. The placement of the sign complies 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. Adopted by City Council of the City of Andover on this ill day of Amil, 1997. ATTEST: CITY OF ANDOVER LL;J_ /du Victoria Volk, City Clerk .1.M~~ . E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R070-97 A RESOLUTION GRANTING THE VARIANCE REQUEST RICHARD P. SNYDER TO DEVIATE 13.8 FEET FROM THE MINIMUM FRONT YARD SETBACK FROM A MAJOR ARTERIAL AND COUNTY ROAD OF 110 FEET PURSUANT TO ORDINANCE NO.8, SECTION 6.02 (PIN 17-32-24-22-0006). WHEREAS, Richard P. Snyder has requested a variance to deviate 13.8 feet from the minimum front yard setback from a major arterial and County road of 110 feet for the purpose of constructing an addition onto a legally non-conforming structure pursuant to Ordinance No.8, Section 6.02, located at 16445 Valley Drive NW, legally described as follows: That part of the Northwest Quarter of the Northwest Quarter of Section 17, Township 32, Range 24, Anoka County, Minnesota, described as follows: Commencing at the Northwest Corner of said Quarter Quarter, thence South 89 degrees 45 minutes 51 seconds East along North line of said Quarter Quarter 439.84 feet to centerline of said County Road 58 (AKA Valley Drive NW), thence southerly along said centerline 646.14 feet to the point of beginning, thence South 81 degrees 46 minutes 09 seconds East 340.88 feet, thence South 89 degrees 45 minutes 51 seconds East 247.86 feet, thence North 00 degrees 14 minutes 09 seconds East 392.27 feet to South line ofthe North 300 feet of said Quarter Quarter, thence West along said South line to said centerline, thence southerly along said centerline to point of beginning; except road; subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria for granting a variance stipulated in Ordinance No.8, Section 5.04. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance. Page Two Variance - Richard P. Snyder 16445 Valley Drive NW April 1, 1997 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 variance on said property with the following conditions: 1. That the applicant obtain all applicable building permits prior to construction of the addition. 2. That the lot split be subject to a sunset clause as defined in Ordinance No.8, Section 5.04(g). 3. That the variance be applicable to all portions of the structure. Adopted by the City Council of the City of Andover on this 1st day of April, 1997. CITY OF ANDOVER ATTEST: .' t. mc.)~l~ .E. McKelvey, Mayor-"r ( tLi:u.~ dg Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 071-97 MOTION by Council member 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. 97-18 FOR SANITARY SEWER IN THE FOLLOWING AREA 952 - 140TH LANE NW WHEREAS, the City Council did on the 18th day of March ,19 97 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 1st day of 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 $ 2.508.20 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 $ 2 508.20 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a..Q year period. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ..llL day of April , 19~, with Councilmembers Orttel. Dehn. Kunza. McKelve)l; Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~: M~el!!~1t~7 ( / IL~~/ d/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 072-97 A RESOLUTION DESIGNATING NO PARKING ON CERTAIN STREETS LOCATED IN WOODLAND ESTATES DEVELOPMENT. WHEREAS, the City Council approved the bikeway route at their February 4, 1997 regular meeting. WHEREAS, the City Council believes restricting the parking will provide a safe route for bicycles which is recommended by AASHTO. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover that there be no parking located on the following streets: 1. 149th Avenue NW between Uplander Street NW and Crosstown Boulevard NW (Co. Rd. No. 18). 2. Uplander Street NW between 149th Avenue NWand 151stAvenue NW. 3. 150th Avenue NW between Verdin Street NWand Uplander Street NW. Adopted by the City Council of the City of Andover this ~ day of April, 1 9...m.,. CITY OF ANDOVER ATTEST: jJ. {. me-){ ~~ tY.E. McKelvey - Mayor tLt,;,~-, UL> Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 073-97 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-3 FOR CRACK SEALING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 042-97 ,dated March 4 . 1997, bids were received, opened and tabulated according to law with results as follows: Daffinson Asphalt Maintenance Northwest Asphalt Maintenance, Inc. Astech $126,673.20 $127,672.20 $137,162.70 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Daffinson Asphalt Maintenance as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Daffinson Asphalt Maintenance in the amount of $126.673.20 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ~ day of April ,19 97 , with Councilmembers Orttel. Dehn Kunza. McKelvey, Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER &t/ll~~ .E. McKelvey - Mayo dl-:~~ I/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 074-97 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-4 FOR SEAL COATING. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 043-97 , dated March 4 , 1997, bids were received, opened and tabulated according to law with results as follows: Astech Allied Blacktop $226,394.25 $230,808.90 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Astech as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Astech in the amount of $226 394.25 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 ~ day of April , 19,..9L, with Councilmembers Orttel Dehn. Kunza. McKelvey' Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER fl, f lJl&!(~ Ji.E. McKelvey - Mayor / . .' ',". , /f N ~-t.-/ {)v~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R075-97 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF ANDOVER WHEREAS, Adolphson and Peterson Construction in conjunction with Presbyterian Homes of Minnesota have petitioned the City of Andover for an amendment to the comprehensive plan to allow for the development of a senior housing facility at 3331 Bunker Lake Boulevard NW. WHEREAS, Metropolitan Council has found the amendment to be in compliance with their regional plan, and waives further review, allowing the City to place the amendment into affect. 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 adopt the following amendment to the Comprehensive Plan: I) Change the land use district designation of a 1.0 acre tract of land legally described as Lot I, Block 4, Andover Community Shopping Center from C, Commercial to RM-2, Residential-Multiple Density. 2) Change the land use district designation ofa 8.15 acre parcel from RU, Residential- Urban Single Family to RM-2, Residential-Medium Density on land legally described as follows: The west 715.02 feet of the south 487.38 feet of the southeast quarter of the northeast quarter of Section 32, Township 32, Range 24, Anoka County Minnesota, subject to easements of record 3) Chapter V, Section E, is amended as follows: The Housing and Residential land Use Plan is guided by existing development patterns and potential for future development. The Plan identifies t!lree-four residential development types. These include: Rural Residential, Urban Page Two Comprehensive Plan Amendment Senior Housing, Round Bam Site April I, 1997 Residential-Single Family, an4-Urban Residential-Multiple Family. and Residential-Multiple Density. And; 3a. RM-2. Residential- Multiple Dwelling The Residential - Multiple Dwelling land use is defined as land within the MUSA that is designated for the development of multiple family structures. Residential development in these areas is intended for a ~ross density of 13 units per acre or less. And; 40. The 8.15 acre parcel commonly known as the "Round Barn Site" at 3331 Round Lake Boulevard NW. and the 1.0 acre site at Lot I. Block 4. Andover Community Shopping Center is hereby designated for use as an exclusive residence for housing of senior citizens. Adopted by the City Council of the City of Andover on this 1st day of April, 1997. CITY OF ANDOVER ATTEST: e t/() . {,. me- ~itv~}.;I .E. McKelvey, Mayor (/ ~l~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 076-97 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 94-33C , FOR COMMERCIAL BOULEVARD EXTENSION FOR CONTAMINATED SOIL AND DEBRIS REMOVAL (PART 2) . WHEREAS, pursuant to Resolution No. 138-96, adopted by the City Council on the 16th day of July. 19~, McCombs Frank Roos Associates Inc. has prepared final plans and specifications for Project 94- 33C for Contaminated Soil & Debris Removal (Part 2). WHEREAS, such final plans and specifications were presented to the City Council for their review on the 1 st day of April , 19-.aL. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM Friday. April 25 ,1997 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ~ day of April , 19 97 , with Councilmembers Orttel. Dehn. Kunza. McKelvey' Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: r), ~, )Jkl<1.~ &%J.E. McKelvey - Mayor / Li;._, !h~L Victoria Volk -City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNFBOTA NO. R077-97 A RESOLUTION DECLARING A DOG (POODLE) OWNED BY AMY RUFFCORN, 13760 ZILLA STREET NW AS A "BITING DOG". WHEREAS, a poodle owned by Amy Ruffcorn has been allowed to run at large; and WHEREAS, on March 18, 1997, said dog was allowed to run at large and bit the neighbor's 8 year old child. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover does hereby declare a white poodle owned by Amy Ruffcorn as a "biting dog". BE IT FURTHER RESOLVED that if another report is received of the dog threatening to or attacking another person or animal, the dog will be declared as a "nuisance" and will either need to be removed from the city permanently or destroyed. Adopted by the City Council of the City of Andover this 1st day of April, 1997. CITY OF ANDOVER Attest: , [. me-. L~ . E. McKelvey - Mayor Ud- 1/-tL Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 078-97 MOTION by Councilmember o rtle I to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-9 FOR SECTION 23 (CHESTERTON COMMONS/HAMILTON PROPERTY). WHEREAS, the City Council did on the 21st day of January , 19 97 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by TKDA to the Council on the 1 st day of March , 19-91...; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, subject to minor revisions in the alignment of the utility lines to accommodate the site subject to getting proper and legal easements for the construction of the utilities; and and presented WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 87.867.00 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 $ 87.867.00 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. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ~ day of April , 19....9L, with Councilmembers Ortlel. Dehn. Kunza. McKelve~ Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: d, ~. JJ/t~ 101~ tJ.E. McKelvey - 'Mayor J..z-/" !L__tr?'4/ J'&", Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R079-97 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF ANDOVER WHEREAS, Ashford Development Corporation 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 recon'nnendation ofthe Planning and Zoning Commission and adopt the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1) Change the land use district designation from OS*, Open Space\Planned Unit Development to RU, Residential Urban Single Family on 160 acres legally described as follows: The North Half of the Northwest Quarter of Section 23 and the South Half of the Southwest Quarter of Section 14, Township 32, Range 24, Anoka County, Minnesota. 2) Change the land use district designation from RM, Residential Medium Density to RU, Residential Urban Single Family on 40 acres legally described as follows: The Southwest Quarter of the Northwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota. Page Twe Reselutien Cemp Plan Amendment Chesterten Cemmens 3) Change the land use district designatien frem RR, Residential Rural te RM, Residential Medium Density en 60 acres legally described as fellews: The mest Nertherly Sixty (60) acres eftbe Nertheast Quarter efSectien 22, Range 24, Tewnship 32, Aneka Ceunty, Minneseta. 4) Chapter VIII, Sectien E.l.e, is amended as fellews: 4. A 160 aore site ale:eg the east siae efHaFlse:e BeHleyara aFla :eertaeast efCity Hall is set aside for futHre de'/elopll'lem. The imem is te eaeeHfage a plar.ned HIlit de'/els/lll'leHt with heusing clustered in the deyelepable arcas while atilizing the remaining area for parks, trails, public recreational E1e'/elopmeHt, anEll.er '.viJalife areas. Amended 4/8/97 5) Chapter XI, Sectien B.1 is amended as fellews: b. Open Spaces (OS). Areas designated for epen space include existing majer park facilities and lands set aside fer future recreatienal develepment purpeses. (OS* inaieates iHtention to incerporate epen space with a Plarmed Unit Devclopment) Adepted by the City Ceuncil efthe City ef Andever en this 1st day ef April, 1997. CITY OF ANDOVER ATTEST: ". f L~/~uJ i~ Victeria Velk, City Clerk o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R080-97 A RESOLUTION GRANTING THE LOT SPLITIV ARIANCE REQUEST OF ROBERT J. DEHN, JR. PURSUANT TO ORDINANCE NO. 40 AND VARYING 18 FEET FROM THE 150 FOOT MINIMUM WIDTH FOR BUILDABLE AREA REQUIREMENT OF ORDINANCE NO. 10, SECTION 9.06.A.3 ON PROPERTY LOCATED AT 159XX TULIP STREET NW (PIN 17-32-24-42-0011). WHEREAS, Robert J. Dehn, Jr. has requested to split a portion of property pursuant to Ordinance No. 40 and varying 18 feet from the 150 foot minimum width for buildable area requirement of Ordinance No. 10, Section 9.06.A. on property located at 159xx Tulip Street NW, legally described as follows: That part of the west 660.00 feet of the South half of the North half of the Southeast Quarter of Section 17, Township 32, Range 24, Anoka County, Minnesota, according to the Government Survey thereof, lying south of the north 330.00 feet thereof. Subject to the right-of-way of Tulip Street NW. Subject to other valid easements. 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 location of a 50 foot pipeline easement would preclude the applicant reasonable use of the property, creating an unnecessary hardship, not created by the property owner, and reason for granting a variance, as stipulated in Ordinance 8, Section 5.04. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare ofthe City of Andover; 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: Page Two LS\V AR 97-01 159xx Tulip Street NW April I, 1997 I. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 2. That the applicant obtain all necessary building permits. 3. That the applicant pay all park dedication fees as defined in Ordinance No. 10, Section 9.07.10. Adopted by the City Council of the City of Andover on this 1st day of April, 1997. CITY OF ANDOVER ATTEST: , j/(;' . ~. )1/:- r, tZ-t.;-1LI .E. McKelvey, Mayor 7 L:t;~J do-/u Victoria V olk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION R080A-97 A RESOLUTION ESTABLISHING THE FEE FOR ADULT USE BUSINESS LICENSES. The City Council of the City of Andover hereby resolves: An adult use business license fee is hereby established for the year 1997. License Fee Ordinance $7,500.00 #222 Adopted by the City Council of the City of Andover on this 1st day of April, 1997. ATTEST: CITY OF ANDOVER ~/dL Victoria V olk, City Clerk '.lh CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO.ll:21 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF GOLD NUGGET DEVELOPMENT COMPANY TO ERECT A REAL ESTATE SIGN LOCATED AT 3179 I 66TH LANE NW, HUNTERS HOLLOW SUBDIVISION. WHEREAS, Gold Nugget Development Company has requested a Special Use Permit to erect a real estate sign on the property located at 3179 I 66th Lane NW, legally described as Lot I, Block I, Hunters Hollow. 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 8.07; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission for Gold Nugget Development Company to erect a real estate sign on said property with the following conditions: I. The area for development is larger than five (5) acres. 2. The sign is located at least one hundred thirty (130) feet from any residential structure. 3. An agreement is made to remove the sign within two (2) years unless an extension of time is granted by the governing body. 4. The placement of the sign complies with the site triangle requirements as stated in Ordinance No.8, Section 4.06 - Permitted Encroachments and is placed ten (10) or more feet from all property lines. Page Two Resolution - Real Estate Sign 5. The sign area shall not exceed two hundred (200) square feet in area. 6. The owner of the sign shall be responsible for the maintenance of the sign. 7. The Special Use Permit shall be subject to annual review by staff. Adopted by the City Council oftbe City of Andover on this 15th day of h,Jlril, 1997. ATTEST: CITY OF ANDOVER Lt;~~ d/L. Victoria Volk, City Clerk /J. t. !nc,A{,t..94 ~Kelvey, Mayor !I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 082-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-14 , IN THE AREA OF PRAIRIE ROAD NW & BUNKER LAKE BOULEVARD NW FOR INTERSECTION & TRAIL IMPROVEMENTS. WHEREAS, pursuant to Resolution No. 058-97 , adopted by the City Council on the 18th day of March , 19-1)L, SEH has prepared final plans and specifications for Project 97-14 for intersection and trail improvements. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 15th day of April , 19-.9L. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, Friday. May 9 ,19 97 at the Andover City Hall. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 15th day of April , 19 97 , with Councilmembers Knight. Ortlel. McKelvey. Kunza. Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: u~.,j tiLL Victoria Volk - City Clerk ( I EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: April 15, 1997 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 15th day of April, 1997, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the sale of, $3,120,000 General Obligation Improvement Bonds of 1997, Series A of the City. The following members were present: Knight, Kunza, Dehn, McKelvey, Orttel and the following were absent: None ( , Member Knight and moved its adoption: introduced the following resolution RESOLUTION ACCEPTING PROPOSAL ON SALE OF $3,120,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, SERIES A, PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND NET REVENUES No. R083-97 .. A. WHEREAS, on March 18, 1997, the C~ty Counc~l of the City of Andover, Minnesota (the "City"), adopted a resolution (the "Preliminary Resolution"), which provided for the private negotiation of $3,120,000 General Obligation Improvement Eonds of 1997, Series A (the "Bonds"); and B. WHEREAS, proposals to purchase the Bonds have been solicited by Juran & Moody ("Juran") in accordance with the Preliminary Resolution; and C. WHEREAS, the proposals set forth on Exhibit A attached hereto were received and opened pursuant to the Official Terms of Bond Sale established for the Bonds in the presence of the Clerk, or designee, at the offices of Juran at 11:00 A.M., Central Time, this same day; and D. WHEREAS, the City Council of the City has heretofore determined and declared that it is necessary and expedient to issue the Bonds of the City, pursuant to Minnesota 346358. 1 ( , Statutes, Chapters 429 and 475, to finance the construction of various improvements in the City (the "Improvements"); and E. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and F. WHEREAS, a portion of the cost of the Improvements will be paid from net revenues of the municipal water and sewer system pledged pursuant to Minnesota Statutes, Chapter 444; and G. that the Bonds provided; and WHEREAS, it is in the best interests of the City be issued in book-entry form as hereinafter I \ NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds of the City (or individually, a "Bond"), in accordance with the Official Terms of Bond Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said proposal maker. The City Clerk is directed to retain the deposit of said - proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks and drafts. 2 . Bond Terms. (a) Title, Original Issue Date, Denominations: Maturities. The Bonds shall be titled "General Obligation Improvement Bonds of 1997, Series A", shall be dated May 1, 1997, 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 "Author- ized Denominations"). The Bonds shall mature on December 1 in the years and amounts as follows: Year Amount Year Amount 1998-1999 2000 $650,000 610,000 2001-2002 $605,000 All dates are inclusive. (b) Book Entry Only SYstem. The Depository Trust Company, a limited purpose trust company organized under the laws 346358.1 2 ( of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). ( (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial OWner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Register Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the 346358. 1 3 (- ( 346358.1 Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder of the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any _ replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations") . (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar 4 days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Discontinuance termination of follows: Termination of Book-Entry On Iv Svstem. of a particular Depository's services and the book-entry only system may be effected as \ (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities ' depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. 346358.1 5 ( (d) The prov~s~ons in the Letter of Representations are incorporated herein by referenced and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purcose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on June I and December 1 of each year (each, an "Interest Payment Date"), commencing December 1, 1997, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate 1998 % 2001 % . . 1999 2002 2000 5. Redemption. All Bonds maturing in the years 2000 to 2002, both inclusive, shall be subject to redemption and prepayment at the option of the City on December 1, 1999, and on any Interest payment Date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using 346358. 1 6 such method of selection as it shall deem proper in its discre- tion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. i \. 6. Bond Reaistrar. First Trust National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: -- 346358. 1 7 ( UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER $ R- GENERAL OBLIGATION IMPROVEMENT BOND OF 1997, SERIES A INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP MAY 1, 1997 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Andover, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date : specified above, and to pay interest thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"),' commencing December 1, 1997, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of First Trust National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less 346358.1 8 than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. [So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee.]. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED ~~ RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Include only until termination of the book-entry only system under paragraph 2 hereof. . 346358. 1 9 ( Date of Registration: Registrable by: FIRST TRUST NATIONAL ASSOCIATION Payable at: FIRST TRUST NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk FIRST TRUST NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature 346358.1 10 ON REVERSE OF BOND Redemotion. All Bonds of this issue (the "Bonds") maturing in the years 2000 to 2002, both inclusive, are subject to redemption and prepayment at the option of the Issuer on December 1, 1999, and on any Interest Payment Date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. ( Selection of Bonds for Redemotion: Partial Redemotion. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be . redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denomina- tions, as requested by such Holder, in aggregate principal amount equal to,and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance: Puroose: General Obliqation. This Bond is one of an issue in the total principal amount of $3,120,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the 346358.1 11 Issuer on April 15, 1997 (the "Resolution"), for the purpose of providing money to finance the construction of various improve- ments within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds of 1997, Series A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations: Exchanae: Resolution. The Bonds are issuable solely as fully registered bonds in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or eXChange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. .' Treatment of Reaistered 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. 346358.1 12 Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Oualified Tax~Exemot Obliaation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. ABBREVIATIONS The following abbreviations, when used.in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT ~ as tenants by the entireties JT TEN - as joint tenants with right of and not as tenants in common UTMA - as custodian for survivorship (Minor) Uniform (CUst) under the (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 346358. , 13 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ( , Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15 (a) (2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 346358.1 14 [Use only for Bonds when they are Registered in Book Entry Only System] PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: DATE AMOUNT AUTHORIZED SIGNATURE OF HOLDER 346358. 1 15 { 8. Execution; Temoora~ eonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Autbentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is May 1, 1997. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Reqistration: Transfer; Exchanqe. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. 346358.1 16 Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. ( , All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 346358.1 17 11. Riqhts Upon Transferor Exchanae. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest PaYment: Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (lO) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. c 14. Deliverv: Aoolication of Proceeds. The Bonds when so prepared and executed shall be delivered by the Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds of 1997, Fund" (the "Fund") to be administered and maintained by the Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account", respectively. (i) construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $3,088,800, plus any special assess- ments levied with respect to the Improvements and collected prior 346358. 1 18 to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of special assessments or net revenues herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $3,088,800; (d) net revenues of the municipal water and sewer system in the amount of $165,250 per annum for collection in the years 1997 through 2002 to the payment of the Bonds; (e) all collections of taxes which may hereafter be levied in the event that special assessments and other funds herein pledged to the payment of the principal and interest of the Bonds of this issue are insufficient therefor; (f) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (g) all investment earnings on funds held in the Debt Service Account; and (h) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. 346358.1 19 ( No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than twenty percent (20%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Councilor any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as are required by the conditions in existence at the time the assessments are levied, it is hereby 346358. 1 20 determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the rate per annum set forth opposite the collection years specified below: Improvement Desiqnation Amount Levv Years Collection Years .~ $2,195,000 1997-2001 1998-2002 _% At the time the assessments are in fact levied the City Council shall, based on the then-current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Coveraqe Test. The special assessments are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein 346358.1 21 required has been duly provided for, to such earlier redemption date. 19. Com~liance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure") . The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City'S official intent (a "Declaration") which effectively (i) states the City'S reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. Notwithstanding the foregoing, with respect to any Declaration made by the City between January 27, 1992 and June 30, 1993, with respect to a Reimbursement Expenditure made prior to March 2, 1992, the City hereby represents that there exists objective evidence, that at the time the Expenditure was paid the City expected to reimburse the cost thereof with the proceeds of a borrowing (taxable or tax-exempt) and that expectation was reasonable. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other 346358.1 22 types of expenditures described in Section 1.150- 2(d) (3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City'S use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 19 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 20. Continuinq Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: -- A. Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. B. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") "and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. 346358.1 23 C. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. D. The City agrees that its covenants pursuant to the Rule set forth in this paragraph 20 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place with "Officers" are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 21. General Obliqation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 22. Certificate of Reqistration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore 346358. 1 24 furnished, shall be deemed representations of the City as to the facts recited therein. 24. Neqative Covenant as to Use of Proceeds and Imorovements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exemot Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f) (4) (D) of the Code. -- 26. Desiqnation of Oualified Tax-Exemot Obliqations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b) (3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; 346358. 1 25 (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b) (3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(C) (3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 1997 will not exceed $10,000,000; and (e) not more than $10,000,000 of obligations issued by the City during this calendar year 1997 have been designated for purposes of Section 265(b) (3) of the Code. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28. Headinqs. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of was duly seconded by member nphn discussion thereof and upon a vote being following voted in favor thereof: . Dehn, Knight, Kunza, McKelvey, Orttel and the following voted against the same: the foregoing resolution and, after a full taken thereon, the None Whereupon said resolution was declared duly passed and adopted. . 346358. 1 26 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals for, and awarding the sale of, $3,120,000 General Obligation Improvement Bonds of 1997, Series A of said City. WITNESS my hand and seal of said City this 15th day of April, 1997. u~/ tU6 Clerk (SEAL) 346358. 1 27 EXHIBIT A PROPOSALS [To be supplied by Juran & Moody] 346358. 1 A-l CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 084-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 96-30 FOR CHERRYWOOD ESTATES. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 044-97 , dated March 4 . 1997, bids were received, opened and tabulated according to law with results as follows: Kober Excavating C.W. Houle, In. Volk Sewer & Water, Inc. $228,302.90 $236,500.00 $242,255.15 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Kober Excavating as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Kober Excavating in the amount of $228.302.90 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 15th day of April , 19J),L, with Councilmembers Knight. Dehn. McKelvey. Kunza. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: . ~ J/k l~~ ita!: Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R 085-97 A RESOLUTION DECLARING A DOG (AUSTRALIAN SHEPHERD MIX) OWNED BY BRENDA LEE HOBART, 17110 NAVAJO STREET NW AS A "BITING DOG". WHEREAS, a dog owned by Brenda Lee Hobart has been allowed to attempt to attack; and WHEREAS, on July 12,1996, said dog bit the neighbor's 10 year old child; and WHEREAS, on March 29,1997 said dog once again bit the same neighbor child. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover does hereby declare an Australian Shepherd mix owned by Brenda Lee Hobart a "biting dog". BE IT FURTHER RESOLVED that if another report is received of the dog threatening to or attacking another person or animal, the dog will be declared as a "nuisance" and will either need to be removed from the city permanently or destroyed. Adopted by the City Council of the City of Andover this 15th day of April ,1997. CITY OF ANDOVER Attest: j) { ~?r~ If. E. McKelvey - Mayor l . r /f d/J !L.~/Cqu...~ Ui.eK~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 086-97 MOTION by Council member Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 96-26 ,IN THE AREA OF S % OF SW Y. OF SECTION 22 (WOODLAND ESTATES) FOR TRUNK SANITARY SEWER & WATERMAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 290-96 ,adopted by the City Council on the 17th day of December , 19~, TKDA has prepared final plans and specifications for Project 96-26 for trunk sanitary sewer and watermain construction. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 15th day of April , 19--9L. 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 . Wednesday. May 14 ,19 97 at the Andover City Hall. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a regular meeting this 15th day of April , 19 97 , with Councilmembers Knight. Ortlel. McKelvey. Kunza Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: fl f qc--A1~ ~E. McKelvey - Mayor Lt;~~ j;./b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 087-97 This number was not assigned to a resolution. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION ~ A RRESOLUTION APPROVING THE AMENDED SPECIAL USE PERMIT REQUEST OF RIVERDALE ASSEMBLY OF GOD CHURCH FOR THE CONSTRUCTION OF A 9,716 SQUARE FOOT GYMNASIUM AND A 3,042 SQUARE FOOT OFFICE/NURSERY ADDITION LOCATED AT 3210 BUNKER LAKE BOULEVARD NW. WHEREAS, Riverdale Assembly of God Church has requested an Amended Special Use Permit to allow for the construction of a 9,7 I 6 square foot gymnasium and a 3,042 square foot office/nursery addition located at 32 I 0 Bunker Lake Boulevard NW, legally described as follows: The East 495 feet as measured along the North and South lines of the Northeast Quarter of the Southeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission fmds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Riverdale Assembly of God Church to construct a gymnasium and an office/nursery addition on said property with the following conditions: I. The Amended Special Use Permit will be subject to annual review and site inspection by City staff. 2. The Amended Special Use Permit will be subject to a one (I) year sunset clause as defmed in Ordinance No.8, Section 5.03(D). Adopted by the City Council ofthe City of Andover on this Q!!l day of~, 1997. ATTEST: CITY OF ANDOVER L~~ /~-- Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 089-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 95-24 ,IN THE AREA OF COON CREEK FOR BIKEWAYNJALKWAY TRAIL IMPROVEMENTS. WHEREAS, adopted by the City Council on the 8th day of April , 19 97 , the City En9ineer has prepared final plans and specifications for Project 95- 24 for bikeway/walkway trail. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 6th day of May , 19---.lrL.. 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, May 29 ,19 97 at the Andover City Hall. MOTION seconded by Councilmember Kni9ht and adopted by the City Council at a regular meeting this 6th day of May , 1997, with Councilmembers Dehn. Knight. 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: y. r. $v ~~~ ?%i.E. McKelvey - Mayor 'A%~ j~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 090-97 MOTION by Council member Dehn 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. 97-22, IN THE 1736 ANDOVER BOULEVARD NW AREA. WHEREAS, the City Council has received a petition, dated April 8 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 the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 6th day of~, 1997, with Councilmembers Dehn. Knight. 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: (J. r )j;;~~4 PE. McKelvey - Mayor /uju-v 0L/L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 091-97 A RESOLUTION APPROVING THE EXPENDITURES OFF THE MUNICIPAL STATE AID STREET SYSTEM AND ONTO THE COUNTY STATE AID AND HIGHWAY SYSTEM WITHIN THE CITY OF ANDOVER. WHEREAS, it has been deemed advisable and necessary for the City of Andover to participate in the cost of a construction project located on (C.SAH.) No. 116 within the limits of said municipality; and WHEREAS, said construction project has been approved by the Commissioner of Transportation and identified in his records as (S.P.) (SAP.) No._ 198-020-12 . NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $126.400.00 dollars to apply toward the construction of said property and request the Commissioner of Transportation to approve this authorization. Adopted by the City of Andover this ~ day of May , 1997. CITY OF ANDOVER ATTEST: (j, f. )J;7c-~ efE. McKelvey - Mayor u~ dc& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 092-97 WHEREAS, the City of Andover is planning on implementing Municipal State Aid Street Project(s) in 1997 which will require State Aid funds in excess of those available in its State Aid Construction Account; and WHEREAS, said City is prepared to proceed with the construction of said project(s) through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Construction Account; and WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6 and Minnesota Rules, Chapter 8820. NOW, THEREFORE, BE IT RESOLVED that the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Projects of the City of Andover in an amount up to $229,400.00 in accordance with Minnesota Rules 8820.1500, Subparagraph 9, and to authorize repayments from the following year's accruals to the Construction Account of the Municipal State Aid Street fund for said City. I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the City of Andover, County of Anoka, State of Minnesota, at a duly authorized meeting thereof held in the City of Andover, Minnesota on the 6th day of May ,19 97 , as disclosed by the records of said City on file and of record in the office. CITY OF ANDOVER fx~ ~. ~. ~-~~ aE. McKelvey - Mayor 7'- ATTEST: iLL Victoria Volk - City Clerk (Seal) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 093-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-5 ,IN THE AREA OF WOODLAND ESTATES FOR SANITARY SEWER. WATERMAIN STREET AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to Resolution No. 056-97 ,adopted by the City Council on the 18th day of March ,19---.aL, TKDA has prepared final plans and specifications for Project 97-5 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 6th day of May , 19-.aL. 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. May 29 ,19 97 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this ....ill!L day of May , 19 97 , with Councilmembers Dehn. Knight. McKelvey. Ortlel. Kunza (absent)voting in favor of the resolution, and Councilmembers resolution was declared passed. none voting against, whereupon said CITY OF ANDOVER ATTEST: y. t: Illcl1~ t/.(E. McKelvey - Mayor b~l& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 094-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-7 ,IN THE AREA OF CROWN POINTE EAST 2ND ADDITION FOR SANITARY SEWER WATERMAIN. STREET AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to Resolution No. 059-97 , adopted by the City Council on the 18th day of March ,19-R, McCombs Frank Roos Associates Inc. has prepared final plans and specifications for Project 97-7 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 6th day of May , 19-.aL. 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, Tuesday. June 10 ,19 97 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this ~ day of May , 19j!L, with Councilmembers Dehn. Knight. 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: rJ, f. )Jk~f{1~ t'd.E. McKelvey - Mayor i~r~ tVL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. Q2,2:21 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF NEXTEL COMMUNICATIONS FOR THE CONSTRUCTION OF THREE (3) WIRELESS COMMUNICATION ANTENNAS (ANTENNAS NOT TO EXCEED 25 FEET IN HEIGHT ABOVE THE HIGHEST PORTION OF THE EXISTING WATER TOWER) ON TOP OF THE EXISTING WATER TOWER LOCATED ON THE PROPERTY LOCATED AT 1717 CROSSTOWN BOULEVARD NW, LEGALLY DESCRIBED AS UNPLATTED CITY OF ANDOVER, NE 1/4 OF SE 1/4 SECTION 22-32-24 (SUBJECT TO EASEMENT OF RCPA 12/I/67) (EXCLUDING W 330 FEET) (SUBJECT TO EASEMENT TO NSP 1I/I2/68) RCPA EASEMENT PARTIALLY RELEASED 5/22/72. WHEREAS, Nextel Communications requested a Special Use Permit to construct three (3) OMNI (whip) antennas on top of the existing water tower (antennas not to exceed 25 feet above the highest portion of the existing water tower) on the property located at 1717 Crosstown Boulevard NW, legally described as above; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 113 and Ordinance No.8, Section 5.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Nextel Communications to construct three (3) wireless communication antennas on top of the existing water tower on said property with the following conditions: I. The Special Use Permit will be subject to annual review and site inspection by staff. 2. The Special Use Permit will be subject to a sunset clause as defmed in Ordinance No.8, Section 5.03(D). 3. The applicant shall enter into a lease agreement with the City of Andover. Lease agreement to be approved by the City Council and City Attorney. Adopted by the City Council of the City of Andover on this Q.!h day of Max, 1997. ATTEST: CITY OF ANDOVER d;.L-;~ dLL Victoria Volk, City Clerk . t. frk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R096-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF CROWN POINTE EAST SECOND ADDITION ,AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, IN SECTION 25-32-24. WHEREAS, the City Council approved the preliminary plat of Crown Pointe East Second Addition; and WHEREAS, the Developer has presented the final plat of Crown Pointe East 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 Crown Pointe East Second Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to 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. The dedication will be a combination of cash and land. 9. Variance from Ordinance 10, Section 9.02 C to allow the existing driveway to remain on Prairie Road (Lot 16, Block 4). This section of the ordinance states that preliminary plats shall not approved wherein lots front on the right -of-way of collector streets (Prairie Road). 10. Variance from Ordinance No.8, Section 6.02 to allow the existing house on Lot 16, Block 4 to encroach 9.7 feet into the required 25 foot sideyard setback from Prairie Road. 11. A minimum of a 440 sJ. garage shall be constructed for the existing house on Lot 16, Block 4. 12. A curb cut shall be constructed for Lot 16, Block 4 on 142nd Avenue NW and the existing driveway on Prairie Road shall be located a minimum of 60 feet from the intersection of Prairie Road and 142nd Avenue NW. A driveway turnaround shall also be constructed so the owner does not back out onto Prairie Road. Adopted by the City Council of the City of Andover this ....2!!:L day of Mav , 19~. CITY OF ANDOVER ATTEST: LfWJ tVL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 097-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF PUBLIC WORKS EXPANSION FOR PROJECT NO. 96-15 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR THE FOllOWING ITEMS: BID PACKAGE #1 Division 3: Precast concrete wall panels Division 5: Structural steel Steel joints Steel roof deck BID PACKAGE #2 Division 2: Site Work Division 3: Concrete Division 4: Masonry Division 5: Steel Erection Miscellaneous Metals Division 6: Wood & Plastics Division 7: Thermal & Moisture Protection Division 8: Doors & Windows Division 9: Finishes Division 10: Specialties Division 15: Mechanical Division 16: Electrical NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 96-15 . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby designate Adolfson & Peterson. Inc. as the project manager and _ lHB Engineers & Architects as the engineer for this improvement and they are directed to prepare plans and specifications for such improvements. MOTION seconded by Councilmember Knight City Council at a regular meeting this ~ day of May and adopted by the , 19 97 , with ATTEST: U~J~ Victoria Volk - City Clerk Councilmembers Dehn. Knight. McKelvey. Ortlel Kunza (absent) in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVEt ~: M!~el~-'~or7 voting CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 098-97 MOTION by Council member Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 96-15 , FOR PUBLIC WORKS EXPANSION FOR THE FOLLOWING ITEMS: BID PACKAGE #1 Division 3: Precast concrete wall panels Division 5: Structural steel Steel joints Steel roof deck WHEREAS, pursuant to Resolution No. 097-97 ,adopted by the City Council on the 6th day of May , 19~, Adolfson & Peterson. Inc. as the project manager and lHB Engineers & Architects as the engineer have prepared final plans and specifications for Project 96-15 for flooring. WHEREAS, such final plans and specifications were presented to the City Council for their review on ~ day of May , 19-.JtL. 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 , May 15. 1997 , 19 97 at the Andover City Hall. MOTION seconded by Council member Knight and adopted by the City Council at a regular meeting this ~ day of May ,19 97 , with Councilmembers Dehn. Knight. 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: I. [. /JJC-?-~~7 fi.E. McKelvey - Mayor d ~+. . ti~ A~~ p.-C~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 099-97 MOTION by Council member Dehn to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 94-33C FOR COMMERCIAL BOULEVARD NW EXTENSION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 076-97 ,dated April 1, 1997, bids were received, opened and tabulated according to law with results as follows: Superior Spec. Service Belair Excavating F.M. Frattalone $138,375.75 $169,051.20 $199,362.80 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Superior Spec Service as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Superior Spec. Service in the amount of $138.375.75 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 6th day of May ,19...fr:L, with Councilmembers Dehn. Knight. McKelvey. Orltel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER (j, ~ ~~g~~ fYE. McKelvey - Mayor Uu/ tf-/L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO RIOO-97 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF ECHO HILLS SECOND ADDITION BY ROBERT HELIKER AND VIVIAN MEYER LOCATED IN SECTION 8, 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 to the City Council approval of the plat subject to the following: 1. Variance to Ordinance No.8, Section 6.02 for lot width on Lot 1, Block 1 (60' variance). 2. Variance to Ordinance No.8, Section 4.05 for the accessory buildings being located closer than 60' from the front lot on Lots 2 & 3, Block 1. A 20' variance is being requested. 3. The developer obtains all necessary permits from the Lower Rum River Watershed Management Organization, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 4. A street/storm sewer plan and profile being reviewed and approved by the City Engineer. 5. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No. 10, Section 9.07. Adopted by the City Council of the City of Andover this 6th Mav , 19....2L. day of ATTEST: b~ tV~ Victoria V olk, City Clerk CITY OF ANDOVER ~, { m(j~d:~ <%f.E. McKelvey, Mayor ( CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RI01-97 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF NIGHTINGALE PARTNERS, LLP FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP SINGLE F AMIL Y RURAL RESIDENTIAL LOTS/HOMES TO BE KNOWN AS THE SUBDIVISION OF "NIGHTINGALE PRESERVE" ON THE PROPERTY LEGALLY DESCRIBED BELOW. WHEREAS, Nightingale Partners, LLP has requested a Special Use Permit for a Planned Unit Development to develop single family rural residentiallotslhomes to be known as the subdivision of "Nightingale Preserve" pursuant to Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance Regulating Planned Unit Developments on the property legally described as follows: The Southeast Quarter of the Southwest Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission fmds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance Regulating Planned Unit Developments; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAs, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. 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 Nightingale Partners, LLP to develop a Planned Unit Development on said property with the following conditions: Page Two Resolution Special Use Permit - Planned Unit Development Nightingale Preserve - Nightingale Partners, LLP 1. All variances associated with the approval of the Special Use Permit for the Planned Unit Development shall be approved with the approval of the preliminary plat. 2. That the Special Use Permit shall be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). 3. The Special Use Permit for the Planned Unit Development shaH be contingent on the approval of the preliminary plat of Nightingale Preserve. Adopted by the City Council of the City of Andover on this 6th day of Mav . 1997. CITY OF ANDOVER ATTEST l~LtV dJ~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RI02-97 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF ANDOVER WHEREAS, the Comprehensive Plan Land Use Map identifies areas that have been incorporated into the 1996 Metropolitan Urban Service Area (MUSS) expansion amendment that are guided for rural land uses and should be designated for urban uses. WHEREAS, Minnesota State Statute Chapter 473.858 stipulates that the all official controls be in conformance with the Comprehensive Plan. 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 ofthe City of Andover hereby agrees with the recommendation ofthe Planning and Zoning Commission and adopt the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: I) Change the land use district designation from RR, Residential Rural to RU, Residential Urban Single Family on 171 acres legally described as follows: Commencing at the Southwest Comer of the Northwest Quarter of the Southeast Quarter of Section 30, Township 32, Range 24; thence East 63 feet to point of beginning; thence North 00 degrees 13 minutes 41 seconds West a distance of 725.74 feet; thence East a distance of 1331.76 feet to the East line ofthe Northwest Quarter of the Southeast Quarter of said section; thence North along said line 594.15 feet to the Northeast Comer of the Northwest Quarter of the Southeast Quarter; thence South 80 degrees 43 minutes 26 seconds East a distance of395.97 feet; thence South 14 degrees 25 minutes 34 seconds West a distance of 215.00 feet; thence South 31 degrees 34 minutes 03 seconds West a distance of 168.10 feet; thence South 05 degrees 06 minutes 08 seconds West a distance of 224.89 feet; thence South 00 degrees 40 minutes 55 seconds East a distance of 616.71 feet to the South line of the Northeast Quarter of the Southeast Quarter of said section; thence East along said line a distance of 346.84 feet; thence North 02 degrees 12 minutes 09 seconds West a distance of69.97 feet; thence North 20 degrees 12 minutes 59 seconds East a distance of335.68 feet; thence North 08 Page Two Resolution Comp Plan Amendment MUSS Expansion degrees 39 minutes 35 seconds West a distance of 306.05 feet; thence North 23 degrees 31 minutes 45 seconds East a distance of 533.25 feet; thence North 01 degree 49 minutes 17 seconds West a distance of 104.36 feet; thence North 88 degrees 46 minutes 04 seconds East a distance of292.55 feet; thence South 46 degrees 39 minutes 37 seconds East a distance of319.16 feet; thence South 72 degrees 13 minutes 08 seconds East a distance of200.91 feet; thence South 00 degrees 54 minutes 26 seconds West a distance of 398.70 feet; thence North 88 degrees 40 minutes 04 seconds East a distance of 430.12 feet; thence South a distance of 181.20 feet; thence South 71 degrees 58 minutes 02 seconds East a distance of 157.86 feet; thence South 60 degrees 17 minutes 12 seconds East a distance of218.63 feet; thence South 85 degrees 56 minutes 52 seconds East a distance of299.58 feet; thence South to the Southeast Comer of the Northwest Quarter the Southwest Quarter of Section 29; thence East along the South line of the Northeast Quarter of the Southwest Quarter of said section 422.49 feet; thence South 00 degrees 54 minutes 41 seconds West 969.55 feet; thence South 88 degrees 51 minutes 17 seconds East a distance of 317 feet more or less; thence South 11 degrees 30 minutes 15 seconds East a distance of351.62 feet; thence South 28 degrees 45 minutes 00 seconds West a distance of 686.26 feet; thence West a distance of267.1O feet; thence North 78 degrees 03 minutes 16 seconds West a distance of245.81 feet; thence North 88 degrees 40 minutes 29 seconds West a distance of240.06 feet; thence North 79 degrees 12 minutes 42 seconds West a distance of 162.88 feet; thence North 77 degrees 58 minutes 13 seconds West a distance of 105.53 feet; thence North 22 degrees 50 minutes 15 seconds West a distance of 191.50 feet; thence North 239.36 feet to the South line of Section 29; thence West along said line to the Southwest Comer of said section; thence North along the West line of said section 165 feet; thence West along the southern corporate limits of the City of Andover to the East line of the Southwest Quarter of the Southeast Quarter of Section 30; thence North along said line to the Northeast Comer of said quarter quarter; thence West along the North line of said quarter quarter to the point of beginning. All in Township 32, Range 24, Anoka County, Minnesota. Adopted by the City Council of the City of Andover on this 6th day of May, 1997. CITY OF ANDOVER ATTEST: ,L:t;;A) i~ Victoria V olk, City Clerk , t J1/vj{ , .E. McKelvey, Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 103-97 MOTION by Council member Knight to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF WELL #6 , PROJECT NO. _ 95-12 AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement Project No. 95-12 . 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 Dehn and adopted by the City Council at a regular meeting this ~ day of May ,19 97 , with Councilmembers Dehn. Knight. McKelvey. Ortlel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Jr.lJf~~ .E. McKelvey - Mayo I.l;L~ i&/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 104-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT FOR PROJECT NO. 93-17. WHEREAS, by a resolution passed by the City Council on May 6. 1997 . the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 93-17. 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.l1ili- day of June 1997 . in the City Hall at 7:00 P.M. 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 assessments. 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, 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 hearing. 3. The owner of any property so assessed 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 interest will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 20th day of May, 19 91.., with Councilmembers McKelvey. Knight. OrtteL Dehn. Kunza voting in favor of the resolution, and Councilmembers None against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: ()f- l .f h ~J~ (Jv-U-' Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 105-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING AND ORDERING IMPROVEMENT FOR THE IMPROVEMENT OF PROJECT NO. 97-22 FOR SANITARY SEWER AND WATERMAIN IN THE FOLLOWING AREA 1736 ANDOVER BOULEVARD NW. WHEREAS, the City Council did on the ~ day of May, 19 97 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Engineer and presented to the Council on the 20th day of May ,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 $ 7177.52 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 7.177.52 , 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 Kunza and adopted by the City Council at a regular meeting this 20th day of ~, 19--.9L, with Councilmembers Dehn. Kunza. McKelvey. Knight. Ortiel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ! ' , .f ,// ~ ;;i~L- Victoria Volk - City Clerk MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 106-97 Dehn to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 96-26 FOR S% OF SW'Y. OF SECTION 22 (WOODLAND ESTATES)' WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 086-97, dated April 15, 1997, bids were received, opened and tabulated according to law with results as follows: C.W. Houle, Inc. Bonine Excavating, Inc. Northdale Construction Co., Inc. Base Bid Amount $269,000.00 $285,774.25 $366,980.30 Alternate Bid Amount $292,954.05 $309,918.00 $405,832.80 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 $292 954.05 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 20th day of May, 19-.9L, with Councilmembers Dehn. Kunza. McKelvey. Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. Lt.. 1$ , ~ /-, . Victoria Volk - City Clerk CITY OF ANDOVER JJ, { )1f 0 Jr:j,N~ IE. McKelvey - Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 107-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 96-15 FOR BID CATEGORY NO. 4A (PRECAST CONCRETE - SUPPLY & ERECTION) IN THE AREA OF PUBLIC WORKS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 098-97 . dated May 6 ,1997, bids were received, opened and tabulated according to law with results as follows: Fabcon, Inc. Spancrete Midwest Base Bid $198,815.00 $235,734.00 Alternate #1 $181.00 No Change Alternate #2 $18,931.00 $10,347.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Fabcon. 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 Fabcon. Inc. in the amount of $198.996.00 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 May , 19-.9L, with Councilmembers Dehn. Kunza. McKelvey. Knight. Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER J. t, )nt)(~/ V"E. McKelvey - Mayor &~ itz Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 107A-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 96-15 FOR BID CATEGORY NO. 5A (STRUCTURAL STEEL. STEEL. JOINTS AND METAL DECKING - MATERIALS ONL Yl IN THE AREA OF PUBLIC WORKS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 098-97 . dated May 6 ,1997, bids were received, opened and tabulated according to law with results as follows: American Structural Metals, Inc. (Premium for early joist delivery $2,500.00) Base Bid $128,300.00 Alternate #1 N/A Alternate #2 N/A K&K Fabrication, Inc. $141,217.00 N/A N/A NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate American Structural Metals. 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 American Structural Metals. Inc. in the amount of $130.800.00 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 May ,19...9L, with Councilmembers Dehn. Kunza. McKelvey. Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. <",:i. ( ~/ VA tA-J'r-/ oj-e',c/' Victoria Volk - City Clerk CITY OF ANDOVER ~. { Mr_A1J.~ . . McKelvey - Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 108-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 96-15 , FOR PUBLIC WORKS EXPANSION FOR THE FOLLOWING ITEMS: BID PACKAGE #2 Division 2: Site Work Division 3: Concrete Division 4: Masonry Division 5: Miscellaneous Metals Division 6: Wood & Plastics Division 7: Thermal & Moisture Protection Division 8: Doors & Windows Division 9: Finishes Division 10: Specialties Division 15: Mechanical Division 16: Electrical WHEREAS, pursuant to Resolution No. 089-97 ,adopted by the City Council on the 6th day of May, 19~, Adolfson & Peterson. Inc. as the project manager and lHB Engineers & Architects as the engineer have prepared final plans and specifications for Project 96-15 . WHEREAS, such final plans and specifications were presented to the City Council for their review on 20th day of May , 19-9L. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM , June 12 ,19 97 at the Andover City Hall. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 20th day of May ,19 97 , with Councilmembers Dehn. Kunza. McKelvey. Knight. Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: if.:!;_"J iJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 109-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ALBERG WATER SERVICES FOR PROJECT NO. 96-28, FOR THE IMPROVEMENT OF WELL #3 MAINTENANCE WHEREAS, pursuant to a written contract signed with the City of Andover on December 17 ,19 96 , Alberg Water Services 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 under said contract 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 on such contract, 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 May , 19......[L, with Councilmembers Dehn. Kunza. McKelvey. Knight. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: . t JIt__ ( jf;, -I d/ iJu ~ Vv-?L- Victoria Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R110-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT OF TIMBER RIVER ESTATES, AS BEING DEVELOPED BY WOODLAND DEVELOPMENT CORPORATION, IN SECTION 12-32-25, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of the Planned Unit Development of Timber River Estates; and WHEREAS, the Developer has presented the final plat of Timber River 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 Timber River Estates contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to 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. 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. 7. Park dedication as recommended by the Park and Recreation Commission. 8. Variance from Ordinance 10, Section 9.05 to allow the block of 170th Lane NWand 170th Avenue NW to exceed the maximum block length of 1,320 feet. 9. Variances from Ordinance No. 10, Section 9.06A3 which requires lots to have a minimum buildable area with a minimum width of 150 feet and a minimum depth of 150 feet. 10. Variances from Ordinance No.8, Section 6.02 for lot width and area requirements as a part of the Planned Unit Development. 11. The developer comply with the stipulations discussed and set forth in the geotechnical review and discussion for this project. Adopted by the City Council of the City of Andover this 20th day of Mav , 1 9 -.Jrr.... . CITY OF ANDOVER ATTEST: r/ ~. {at ,'4J ~ Uti- ~ Victoria Volk - City Clerk ClTY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R111-97 A RESOLUTION TO ACQUIRE A PARCEL OF TAX FORFEIT PROPERTY FOR THE PURPOSE OF STREET RIGHT-OF-WAY AND UTILITIES. WHEREAS, the property known as PIN 13 32 25 44 0018 has forfeited to the State of Minnesota; and WHEREAS, the City of Andover is desirous of obtaining said parcel for the purpose of street right-of-way and utilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to authorize the City Clerk to complete the necessary forms to acquire the property known as PIN 13 32 25 44 0018. Adopted by the City Council of the City of Andover this 20th day of May. 1997. CITY OF ANDOVER Attest: Ii~' &c,~* . E. McKelvey - Mayor UJ dJ'~/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO R112-97 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF NIGHTINGALE PRESERVE BY NIGHTINGALE PARTNERS. LLP 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: I. Variances to Ordinance No.8, Section 6.02 for lot area and lot width. 2. Extension of 1 57th Lane NW to the western property line of the plat. The preliminary plat and the grading, drainage and erosion control plan and all other plans shall be revised to reflect the extension. 3. Variances from Ordinance 10, Section 9.06A3 for the 150' x 150' building area requirement because ofthe fact that this a PUD. 4. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA and any other agency that may be interested in the site. 5. Geotechnical engineering report being reviewed and approved by the independent geotechnical engineer and accepted by the City. 6. A street/storm sewer plan and profile being reviewed and approved by the City Engineer. 7. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No. 10, Section 9.07. 8. Contingent upon approval of the Special Use Permit for the Plmmed Unit Development. Page Two Resolution Preliminary Plat - Nightingale Preserve 9. Revisions be made to the preliminary plat and the grading drainage and erosion control plan and all other plans pursuant to the recommendations of the Coon Creek Watershed District. Adopted by the City Council of the City of Andover this 20th Mav , 19....2L. day of CITY OF ANDOVER ATTEST: d~ U& Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RI13-97 A RESOLUTION GRANTING HE REQUEST OF HOPE EVANGELICAL LUTHERAN CHURCH OF ANDOVER TO V ACA TE A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOTS I AND 2, BLOCK 2, TIMBER MEADOWS 3RD ADDITION (PIN 17- 32-24-14-0006 & 0007). WHEREAS, Hope Evangelical Lutheran Church of Andover has requested to vacate a drainage and utility easement located between two lots legally described as Lots I and 2, Block 2, Timber Meadows 3rd Addition legally described as follows: The drainage and utility easement over, under, and across the south 10.00 feet and easterly of the west 60.00 feet of Lot I, Block 2, TIMBER MEADOWS THIRD ADDITION, Anoka County, Minnesota. AND The drainage and utility easement over, under and across the north 10.00 feet and easterly ofthe west 20.00 feet of Lot 2, Block 2, TIMBER MEADOWS THIRD ADDITION, Anoka County, Minnesota. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare ofthe City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested with the following condition. I. That the two parcels or lots be replatted as one parcel or lot. Adopted by the City Council of the City of Andover on this 2.!l1h day of~, 1997. CITY OF ANDOVER ATTEST Ii~--, il~t Victoria Volk, City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ~~OVER, MINNESOTA HELD: May 20, 1997 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 20th day of May, 1997, at 7.0ll o'clock~.M. for the purpose, in part, of providing for the sale of the $6,315,000 General Obligation Improvement Bonds of 1997, Series B of said City. The following members were present: McKelvey, Dehn, Knight, Kunza, Orttel and the following were absent: None Member Dehn resolution and moved its adoption: RESOLut!b14p\bvIDING FOR THE SALE OF $6,315,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, SERIES B introduced the following A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the Ci.ty's $6,315,000 General Obligation Improvement Bonds of 1997, Series B (the "Bonds"), to provide funds to finance the construction of various improvements in the City; and B. WHEREAS, the City has retained Juran & Moody, in St. Paul, Minnesota ("Juran"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): 351807.1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: 1. Authorization; Findinqs. The Council hereby authorizes Juran to solicit proposals for the sale of the Bonds. 2. Meetinq: prooosa1 Openina. This Council shall meet at the time and place specified in the Official Terms of Bond Sale attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open proposals at the time and place specified in such Official Terms of Bond Sale. 3. Official Terms of Bond Sale. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit A and hereby made a part hereof. 4. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Juran and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the duly seconded by member Kl1n",,, discussion thereof and upon a vote being following voted in favor thereof: McKelvey, Dehn, Knight, Kunza, orttel and the following voted against the same: None foregoing resolution and, after full taken thereon, the was Whereupon said resolution was declared duly passed and adopted. 351807.1 2 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to said City's $6,315,000 General Obligation Improvement Bonds of 1997, Series B. WITNESS my hand as such Clerk and seal of said City this 20th day of May, 1997. iLL tia City Clerk (SEAL) 351807.1 3 EXHIBIT A OFFICIAL TERMS OF BOND SALE $6,315,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, SERIES B CITY OF ANDOVER ANOKA COUNTY MINNESOTA (Book Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Sealed proposals will be opened by the City Clerk, or designee, on Tuesday, June 17, 1997, at 11:00 A.M., Central Time, at the offices of Juran & Moody, 1100 World Trade Center, 30 East Seventh Street, in Saint Paul, Minnesota 55101. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Andover City Hall beginning at 7:00 P.M., on the same day. The bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer through First Trust National Association, in St. Paul, Minnesota (the "Registrar") to DTC or BOOK ENTRY SYSTEM: 351807.1 A-l its nominee as registered owner of the bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. The Issuer will pay reasonable and customary charges for the services of the Registrar. DATE OF ORIGINAL ISSUE OF BONDS: July 1, 1997. PURPOSE: For the purpose of providing funds to finance the construction of various improvements in the Issuer. INTEREST PAYMENTS: December 1, 1998, and semiannually thereafter on June 1 and December 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. MATURITIES: December 1 in each of the years and amounts as follows: Year Amount 1998 1999 2000-2001 2002 2003-2004 2005 $850,000 795,000 785,000 780,000 775,000 770,000 All dates are inclusive. REDEMPTION: At the option of the Issuer, bonds maturing after December 1, 1999, shall be subject to prior payment on said date, and any interest payment date thereafter, at a price of par and 351807.1 A-2 CUSIP NUMBERS: accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. If the bonds qualify for assignment of CUSIP numbers such numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. TYPE OF PROPOSAL: Sealed proposals of not less than $6,288,828.05 and accrued interest on the principal sum of $6,315,000 from date of original issue of the bonds to 351807.1 A-3 date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Deposit") in the amount of $126,300, payable to the order of the Treasurer of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Juran & Moody, and addressed to: Shirley Clinton, Treasurer Andover City Hall 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304-2612 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and pre approved by the Issuer. Such bond must be submitted to Juran & Moody prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Issuer will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can 351807.1 A-4 RATES: INFORMATION FROM PURCHASER: NOT QUALIFIED TAX EXEMPT OBLIGATIONS: CONTINUING DIS- CLOSURE UNDERTAKING AWARD: 351807.1 be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the bonds is adjourned, recessed, or continued to another date without award of the bonds having been made. All rates must be in integral multiples of 1/20th or 1/8th of 1%. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. The successful purchaser will be required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. The Issuer will not designate the bonds as qualified tax exempt obligati.ons for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. The Issuer will covenant in the resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2-12. Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. A-5 The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. Dated: May 20, 1997. BY ORDER OF THE CITY COUNCIL Isl vicki volk City Clerk Additional information may be obtained from: JURAN & MOODY 1100 World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101 Telephone No.: (612) 224-1500 351807.1 A-6 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: May 20, 1997 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 20th day of May, 1997, at 7:00 o'clockp_.M. for the purpose, in part, of providing for the sale of the $630,000 General Obligation Refunding Bonds of 1997 of said City. The following members were present: McKelvey, Dehn, Knight, Kunza, Orttel and the following were absent: None Member Orttel introduced the following resolution and moved its adoption: No. Rl15-97 RESOLUTION PROVIDING FOR THE SALE OF $630,000 GENERAL OBLIGATION REFUNDING BONDS OF 1997 A. WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue the City's $630,000 General Obligation Refunding Bonds of 1997 (the "Bonds"), to provide funds to current refund the City's outstanding General Obligation Refunding Bonds, Series 1986C, dated August 1, 1986; and B. WHEREAS, the City has retained Juran & Moody, in St. Paul, Minnesota ("Juran"), as its independent financial advisor for the Bonds and is therefore authorized to sell the Bonds by a private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): 351789.1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows; 1. Authorization: Findinqs. The Council hereby authorizes Juran to solicit proposals for the sale of the Bonds. 2. Meetinq: Proposal Openinq. This Council shall meet at the time and place specified in the Official Terms of Bond Sale attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The City Clerk, or designee, shall open proposals at the time and place specified in such Official Terms of Bond Sale. 3. Official Terms of Bond Sale. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Official Terms of Bond Sale" attached hereto as Exhibit A and hereby made a part hereof. 4. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Juran and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by member Dehn and, after full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof; McKelvey, Dehn, Knight, Kunza, Orttel and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. 351789.1 2 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of said City duly called and held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to said City's $630,000 General Obligation Refunding Bonds of 1997. WITNESS my hand as such Clerk and seal of said City this 20th day of May, 1997. ~da City Clerk (SEAL) 351789.1 3 EXHIBIT A OFFICIAL TERMS OF BOND SALE $630,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997 CITY OF ANDOVER ANOKA COUNTY MINNESOTA (Book Entry Only) NOTICE IS HEREBY GIVEN that these bonds will be offered for sale according to the following terms: TIME AND PLACE: Sealed proposals will be opened by the City Clerk, or designee, on Tuesday, June 17, 1997, at 11:00 A.M., Central Time, at the offices of Juran & Moody, 1100 World Trade Center, 30 East Seventh Street, in Saint Paul, Minnesota 55101. Consideration of the proposals for award of the sale will be by the City Council at its meeting in the Andover City Hall beginning at 7:00 P.M., on the same day. The bonds will be issued by means of a book entry system with no physical distribution of bond certificates made to the public. The bonds will be issued in fully registered form and one bond certificate, representing the aggregate principal amount of the bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the bonds. Individual purchases of the bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer through First Trust National Association, in St. Paul, Minnesota (the "Registrar") to DTC or BOOK ENTRY SYSTEM: 351789.1 A-l its nominee as registered owner of the bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the bonds, will be required to deposit the bond certificates with DTC. The Issuer will pay reasonable and customary charges for the services of the Registrar. DATE OF ORIGINAL ISSUE OF BONDS: 1, 1997. For the purpose of providing funds to current refund the Issuer's outstanding General Obligation Refunding Bonds, Series 1986C, dated August 1, 1986. February 1, 1998, and semiannually thereafter on February 1 and August 1 to registered owners of the bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (whether or not a business day) of the immediately preceding month. PURPOSE: INTEREST PAYMENTS: MATURITIES: August 1 in each of the years and amounts as follows: Year Amount 1998-2000 $210,000 All dates are inclusive. REDEMPTION: At the option of the Issuer, bonds maturing after August 1, , shall be subject to prior payment on said date, and any interest payment date thereafter, at a price of par and accrued interest. Redemption may be in whole or in part of the bonds subject to prepayment. If redemption is in part, the bonds remaining unpaid which have 351789.1 A-2 CUSIP NUMBERS; the latest maturity date shall be prepaid first. If only part of the bonds having a common maturity date are called for prepayment, the Issuer will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a notice thereof by registered or certified mail at least thirty (30) days prior to the date fixed for redemption to the registered owner of each bond to be redeemed at the address shown on the registered books. If the bonds qualify for assignment of CUSIP numbers such numbers will be printed on the bonds, but neither the failure to print such numbers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the Purchaser thereof to accept delivery of and pay for the bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the Purchaser. DELIVERY: Forty days after award subject to approving legal opinion of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota. Legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the Purchaser at DTC. TYPE OF PROPOSAL: Sealed proposals of not less than $ and accrued interest on the principal sum of $630,000 from date of original issue of the bonds to date of delivery must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. A certified or 351789.1 A-3 cashier's check (the "Deposit") in the amount of $12,600, payable to the order of the Treasurer of the Issuer, or a Financial Surety Bond complying with the provisions below, must accompany each proposal, to be forfeited as liquidated damages if proposal maker fails to comply with accepted proposal. Proposals for the bonds should be delivered to Juran & Moody, and addressed to: Shirley Clinton, Treasurer Andover City Hall 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304-2612 If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and pre approved by the Issuer. Such bond must be submitted to Juran & Moody prior to the opening of the proposals. The Financial Surety Bond must identify each proposal maker whose Deposit is guaranteed by such Financial Surety Bond. If the bonds are awarded to a proposal maker using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Juran & Moody in the form of a certified or cashier's check or wire transfer as instructed by Juran & Moody not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the Issuer to satisfy the Deposit requirement. The Issuer will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting of the Issuer scheduled for award of the bonds is adjourned, recessed, or 351789.1 A-4 RATES: INFORMATION FROM PURCHASER; QUALIFIED TAX EXEMPT OBLIGATIONS: CONTINUING DIS- CLOSURE UNDERTAKING AWARD: 351789.1 continued to another date without award of the bonds having been made. All rates must be in integral multiples of 1/20th or 1/8th of 1%. No limitation is placed upon the number of rates which may be used. All bonds of the same maturity must bear a single uniform rate from date of issue to maturity and no rate of any maturity may be lower than the highest rate applicable to bonds of any preceding maturities. The successful purchaser will be required to provide, in a timely manner, certain information relating to the initial offering price of the bonds necessary to compute the yield on the bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. The Issuer will designate the bonds as qualified tax exempt obligations for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. The Issuer will covenant in the resolution awarding the sale of the bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2-12. Award will be made solely on the basis of lowest dollar interest cost, determined by addition of any discount to and deduction of any premium from the total interest on all bonds from their date to their stated maturity. A-5 The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. Dated: May 20, 1997. BY ORDER OF THE CITY COUNCIL Isl Vicki Volk City Clerk Additional information may be obtained from: JURAN & MOODY 1100 World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101 Telephone No.: (612) 224-1500 351789.1 A-6 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 11 n-97 RESOLUTION INlTIA TING PROCESS FOR APPROVAL OF REDEVELOPMENT PROJECT AREA BE IT RESOLVED by the City Council (the "Council") of the City of Andover, Minnesota (the "City"), as follows: I. Recitals. (a) Pursuant to Minnesota Statutes, Sections 469.090 through 469.1081, the Economic Development Authority of the City of Andover (the "Authority") is authorized to exercise development and redevelopment powers; and (b) It has been proposed that the Authority establish a Redevelopment Project Area in connection with the construction and equipping of a public works building (the "Redevelopment Project Area"); and adopt the Redevelopment Plan for the Redevelopment Project Area (the "Plan"); all pursuant to and in conformity with applicable law; and (c) The Authority has requested that the Council hold a public hearing on the Plan, as required by Minnesota Statutes, Section 469.028, Subdivision I. 2. Public Hearing. The Council will hold a public hearing on the Plan at a meeting of the Council to be held at the Andover City Hall on Tuesday, June 17, 1997, commencing at 7:00 p.m., Central Daylight Savings Time. The staff of the City is hereby authorized and directed to cause the notice of public hearing which is attached to this Resolution to be published in the City's official newspaper not more than 30 and not less than 10 days prior to the scheduled hearing date. Passed and adopted by the Andover City Council this 20th day of May, j 997. CITY OF ANDOVER L:tiw tf~ Victoria V olk, City Clerk j. f lrJc-l(~ a E. McKelvey, Mayor (SEAL) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R117-97 A RESOLUTION GRANTING THE LOT SPLITN ARIANCE REQUEST OF JAMES M. NEILSON TO CREATE TWO 3.34 ACRE PARCELS FROM A 6.69 ACRE PARCEL PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO. 52, SECTION 5.02, MINIMUM DISTRICT REQUIREMENTS (LOT AREA) AND ORDINANCE NO. 10, SECTION 9.06A3, WIDTH AT FRONT SETBACK LINE ON THE PROPERTY LOCATED AT 4930 MARYS TONE BOULEVARD NW, LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A. WHEREAS, James M. Neilson has requested a lot split/variance to create two 3.34 acre parcels from a 6.69 acre parcel pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No. 52, Section 5.02, minimum district requirements (lot area requirement) and Ordinance No. 10, Section 9.06A3, lot width at the front setback line for cul-de-sac lots on the property located at 4930 Marystone Boulevard NW, legally described on Exhibit A; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 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 has determined that said request meets the criteria for granting a variance as stipulated in Ordinance No. 52, Section 10.03.01 and Ordinance No.8, Section 5.04; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split/variance as requested. Page Two Resolution - Neilson Jund, 1997 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/variance be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 2. That all existing parcels (PIN 24-32-25-11-0002 & 13-32-25-44-0006) be combined prior to splitting. 3. Park dedication fees be paid pursuant to Ordinance No. 10, Section 9.07.10. 4. The Commissioner of the Department of Natural Resources certifYing the approval. 5. That the slope from the top ofthe bluff line to the river be left in a natural condition with no vegetation removal allowed except for the minimum needed in the event that a stairway is constructed. 6. That additional easement be dedicated to the City, if needed, for reconstruction of the Marystone Boulevard NW cul-de-sac. 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",.. 0 ,.... n 00 ~:r... :rs::~~~....t\..:-~g,.,: .. 9 (XI It :::I III (II ..." 1,.01 '(",.,:r III P1 0 "'. ::l " n a- -.D \,0.1 _ ....",. .. ....., ,.. - n" .. O,......:J III ...." 0. ::l" _ D.. :r::l c tt ... ...:::1 It" OQ 0' tt ... ............. "Ol):! OItOQ\Ott.,,::I.::l ., ., 0. 0 ::l C. ., n _ '1 0Cl ,.. ..cr tt _.... " .... 0 If e:;:~,..~g::~o.~~~~ III ., III 1I:r,..., "."0'" c: :::l ,.. .... 01 ~::l It :r < vo.... .. _ ,.. It .. fit ::l - CXl nit...... ., o:r .. :::100 It_,... ,....::1..0_ I' 9.:r 9:1" _ ....0. " ~,.. O:l" fit ...." D......: _ o 0 :::I .... 0. ::I::l ".... .... . tn oc c .c.cn..........o.tt ...,.. ,.. ,.. \,0.1,.. 0 ... tt... :r::l _ n :r:rttNOC."" ~a.... ..... .......C:I_.. - o C' :r . "n::l 0 ....0" :l o. It " :::I ...., .... no... ,""0.._,, 1t0 . It 1t:J ".,"' " " . " 0 It ...... n ... n .... n -< 0'" ., 0 . - . 0. (r c- o. 0 0. . . . . ~ ~ o " " o . ~ .., c " .., o . . . o < . " . . - 0.. C). 0, ~ I. " il . , .... o ~ V' ~ .- . . N ON '" O. .- ~ 0. 0 . . " . ., . ~ " ~ . - . . . . ;!',,, ~ ~ ~ -; o 0 ~ " o ~ 0.0 . ~ . n " " 0 < ~. . " 0. ~ . n . . ~ ~ o S - ~ o . V' . ,Il;..., ,:,:';-1;;", ~: :;;':' '. '.' " .' lr.~ .:;. . ,::;~:i;;/:~;': . ;....~'i!L.. ).!'~/~:.;'. ....f.. ... . n ~ - o . - '" . . 0. ,. .- . ~ " . " ~ o ~ t>l X ~ c:l ~ :to' " o < . " ~ . . ~ b ~ ... en . n ~ o . '" ~ (r o ~ .- . .... o ~ . .- - .., W '" I '" ~ > . o ,.. . n o c . ~ '< CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R118-97 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF SUPER AMERICA TO ERECT TEMPORARY SIGNS AND BANNERS IN CONJUNCTION WITH "CUSTOMER APPRECIATION DAYS", COMMENCING JUNE 13-14,1997, PURSUANT TO ORDINANCE NO.8, SECTION 8.07 ON PROPERTY LOCATED AT 13727 HANSON BOULEVARD NW (PIN 35-32-24-23-0005). WHEREAS, Super America has requested a Special Use Permit to erect temporary signs and banners in conjunction with "Customer Appreciation Days", commencing June 13- 14, 1997 pursuant to Ordinance No.8, Sections 8.07 on property located at 13727 Hanson Boulevard NW, legally described as the following: That part of the Southwest Quarter of the Northwest Quarter of Section 35, Township 32, Range 24, Anoka County, Minnesota, lying south of the north 600.00 feet as measured at right angles to the north line and lying west of the east line thereof, except the west 150.00 feet thereof, also except roads; Subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 8.07; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City 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 Permit on said property with the following conditions: I) That the Special Use Permit shall be valid for no more than ten (10) consecutive days. Page Two SUP 97-09, SA Cust. Appr. Days 13727 Hanson Blvd. NW June 3,1997 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 3rd day of June, 1997. CITY OF ANDOVER ATTEST: , f,)/1~ ,L'L d/h Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 119-97 A RESOLUTION GRANTING THE VARIANCE REQUEST OF CHILDREN'S WORLD LEARNING CENTERS TO ORDINANCE NO.8, SECTION 4.21 WHICH REQUIRES A FOUR (4) FOOT HIGH FENCE TO BE LOCATED IN THE MINIMUM REQUIRED FRONT YARD SETBACK AND TO ALLOW FOR THE CONSTRUCTION AND PLACEMENT OF A SIX (6) FOOT HIGH CHAIN LINK (VINYL COATED) FENCE TO BE LOCATED IN THE MINIMUM REQUIRED FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 14XX BUNKER LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT 6, BLOCK 5, HILLS OF BUNKER LAKE THIRD ADDITION. WHEREAS, Children's World Learning Centers requested a variance to Ordinance No.8, Section 4.21 which requires a four (4) foot high fence to be located in the minimum required front yard setback and to allow for the construction and placement ofa six (6) foot high chain link (vinyl coated) fence to be located in the minimum required front yard setback on the property located at 14XX Bmlker Lake Boulevard NW, legally described as Lot 6, Block 5, Hills of Bunker Lake Third Addition. 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 difficulties which would preclude the property owner reasonable use of the property; and 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 ofthe Planning and Zoning Commission and hereby approves the variance requested by Children's World Learning Centers to allow for the construction and placement of a six (6) foot high chain link (vinyl coated) fence to be located in the minimum required front yard setback on the property located atl4XX Bunker Lake Boulevard NW, legally described as Lot 6, Block 5, Hills of Bunker Lake Third Addition. Adopted by the City Council of the City of Andover on this1rll day of~, 1997. A TIEST: CITY OF ANDOVER iLL:, au" Victoria V olk, City Clerk . r:!. ~)(~ . E. McKelvey, Mayor ,7 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 120-97 A RESOLUTION GRANTING THE VARIANCE REQUEST OF CONTRACTOR PROPERTY DEVELOPERS COMPANY TO ORDINANCE NO.8, SECTION 6.02 WInCH 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 3.61 FEET INTO THE REQUIRED REAR YARD SETBACK ON THE PROPERTY LOCATED AT 14227 CRANE STREETNW, LEGALLY DESCRIBED AS LOT 16, BLOCK I, JONATIlON WOODS. WHEREAS, Contractor Property Developers Company requested a variance 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 3.6\ feet into the required rear yard setback on the property located at 14227 Crane Street NW, legally described as Lot 16, Block I, Jonathan Woods. 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 of the property: I. The configuration of lot is unusual. 2. The lot depth does not meet the requirements in Ordinance No.8, Section 6.02. "IHEREAS, the Planning and Zoning Commission recommends to the City Council approval ofthe variance request as it meets the criteria of Ordinance No.8, Section 5.04. 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 requested by Contractor Property Developers Company to allow for the placement of a principal structure to encroach 3.61 feet into the required rear yard setback (rear yard setback equals 30 feet) on the property located at 14227 Crane Street NW, legally described as Lot 16. Block I, Jonathan Woods. Adopted by the City Council of the City of Andover this 1rd day of June, 1997. A TrEST: CITY OF ANDOVER ilL:... t!~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 121-97 MOTION by Council member Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-14 FOR PRAIRIE ROAD NW/BUNKER LAKE BOULEVARD NW. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 082-97 ,dated April 15, 1997, bids were received, opened and tabulated according to law with results as follows: Valley Paving Inc. Forest Lake Contracting Inc. $177,193.98 $178,120.11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Valley Paving 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 Valley Paving Inc. in the amount of $177.193.98 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 City Council at a regular meeting this 3rd day of June Councilmembers Kunza. Dehn. McKelvey. Knight. Orttel the resolution, and Councilmembers none and adopted by the , 19-.9L, with voting in favor of voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER -J g )JJ"K~ . . McKelvey - May l~ jd~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 122-97 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO W.B. MILLER. INC. FOR PROJECT NO. 96-8, FOR THE IMPROVEMENT OF MISCELLANEOUS BITUMINOUS PARK TRAILS. WHEREAS, pursuant to a written contract signed with the City of Andover on September 3 ,19~, w.B. Miller. 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 under said contract 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 on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ..1rrL day of June , 19~, with Councilmembers Kunza Dehn McKelvey. Knight. Ortlel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: / r iLr~ d~ Victoria Volk - City Clerk . t.)1k~ .E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 123-97 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-5 FOR WOODLAND ESTATES. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 093-97, dated May 6,1997, bids were received, opened and tabulated according to law with results as follows: Ryan Contracting, Inc. Annandale Contracting, Inc. Arcon Construction, Inc. $1,291,058.53 $1,306,374.92 $1,327,598.25 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Ryan 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 Ryan Contracting. Inc. in the amount of $1.291.058.53 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 City Council at a regular meeting this 3rd day of June Councilmembers Kunza. Dehn. McKelvey. Knight. Orttel the resolution, and Councilmembers none against, whereupon said resolution was declared passed. and adopted by the , 19...9L, with voting in favor of voting ATTEST: CITY OF ANDOVER J. t )Jjv~b IE. McKelvey -' Mayor L~ UL/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 124-97 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #--.1.. TO PROJECT NO. 96-30. CHERRYWOOD ESTATES. WHEREAS, the City of Andover has a contract for Project No. 96-30 with Kober Excavating 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 Dehn and adopted by the City Council at a regular meeting this 3rd day of June ,19..JIT..., with Councilmembers Kunza. Dehn. McKelvey. Knight Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: It. )Jk~~ tI.J.E. McKelvey - Mayo d:t;~//b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R125-97 A RESOLUTION GRANTING THE V ACA TION OF EASEMENT REQUEST OF ASHFORD DEVELOPMENT CORPORATION TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 9, BLOCK 6, CROWN POINTE EAST LOCATED AT 710 14lST LANE NW. WHEREAS, Ashford Development Corporation has requested to vacate a portion of a drainage and utility easement located on Lot 9, Block 6, Crown Pointe East located at 710 141st Lane NW legally described as follows: The north 12.00 feet of the south 42.00 feet of Lot 9, Block 6, Crown Pointe East, Anoka County, Minnesota, according to the recorded plat thereof, except the east and west 5.00 feet thereof. WHEREAS, .the City Council finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the Cit"y of Andover; and WHEREAS, a public hearing was held and there was no opposition: to the request; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested; Adopted by the City Council of the City of Andover on this 3rd day of June; 1997. CITY OF ANDOVER ATTEST: {Lz~- U Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R126-97 A RESOLUTION GRANTING THE V ACA TION OF EASEMENT REQUEST OF ASHFORD DEVELOPMENT CORPORATION TO VACATE A DRAINAGE AND UTILITY EASEMENT LOCATED ON OUTLOT A, CROWN POINTE EAST LOCATED AT 649 l4lST LANE NW. WHEREAS, Ashford Development Corporation has requested to vacate a drainage and utility easement located on Outlot A, Crown Pointe East located at 649 141 st Lane NW legally described as follows: Outlot A, Crown Pointe East, Anoka County, Minnesota, according to the recorded plat thereof 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; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of tile City of Andover hereby grants the vacation of the drainage and utility easement as requested with the following conditions: 1. That a new drainage and utility easement be dedicated and accepted by the City. Adopted by the City Council of the City of Andover on this 3rd day of June. 1997. CITY OF ANDOVER ATTEST: ~()4 Victoria V olk, City Clerk .tJa J.E. McKelvey, May CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RI27-97 A RESOLUTION ACCEPTING THE DRAINAGE AND UTILITY EASEMENT DESCRIBED ON EXHIBIT A LOCATED ON OUTLOT A, CROWN POINTE EAST LOCATED AT 649 l41ST LANE NW. WHEREAS, Ashford Development Corporation has dedicated a drainage and utility easement to the City of Andover located on Outlot A, Crown Pointe East located at 649 l4lst Lane NW legally described on Exhibit A. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby accepts the drainage and utility easement as described on Exhibit A. Adopted by the City Council of the City of Andover on this 3rd day of June. 1997. CITY OF ANDOVER ATTEST: l;L~ tfrCi Victoria V olk, City Clerk y. [ ~Kl~ t1.E. McKelvey, M~ \ or:--r - T ~, /-- I NI ""';E tJ~ I ..."" '" -t:: I ;: 02 '" I I or~ _ _ 1. _ _ _ _ _ _ _ -.1_ -3 O,L '" ~o ,,0 ~ci ",co z S? on S? t-OL \7' J. O.V.no on -OS.ZvL --- M .sz:;z:r-.oo N ....... . ~" '.' . ',: ":~:.: . ...:'" ", "':..: .,..... ~ :J '" => ~ "" ~ ~ ~ o ~ c c "c. ill~~! :;l o~ !~otl... ~ ~~ il~n ~ :c~~ ~f;l; IF if;i _ I~ ~~ or. or ~ . ZI ~ ~ Z jl . o~ 0" 'f" 0., co", III ~ w. ..... ~ or ..... 0 t;; ... '" "- or 0 '" '" ~- 0 ~ \ ~ ~ 0 v '" V> CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R128-97 A RESOLUTION GRANTING THE V ACA TION OF EASEMENT REQUEST OF ASHFORD DEVELOPMENT CORPORATION TO V ACA TE A DRAINAGE AND UTILITY EASEMENT LOCATED ON OUTLOT B, CROWN POINTE EAST LOCATED AT 722 141ST LANE NW. WHEREAS, Ashford Development Corporation has requested to vacate a drainage and utility easement located on Outlot B, Crown Pointe East located at 722 141st Lane NW legally described as follows: Outlot B, Crown Pointe East, Anoka County, MiImesota, according to the recorded plat thereof WHEREAS, the City Council fmds the request would not have a detrimental effect upon' the health,. safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and 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: I. That a new drainage and utility easement be dedicated and .accepted by the City. Adopted by the City Council of the City of Andover on this 3rd day of June. 1997. CITY OF ANDOVER ATTEST: l~:t;,~ d& Victoria Volk, City Cierk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R129-97 A RESOLUTION ACCEPTING THE DRAINAGE AND UTILITY EASEMENT DESCRIBED ON EXHIBIT A FROM ASHFORD DEVELOPMENT CORPORATION LOCATED ON OUTLOT B, CROWN POINTE EAST LOCATED AT 722 141ST LANE NW. WHEREAS, Ashford Development Corporation has dedicated a drainage and utility easement to the City of Andover located on Outlot B, Crown Pointe East located at 722 141 st Lane NW legally described on Exhibit A. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby accepts the drainage and utility easement as described on Exhibit A. Adopted by the City Council of the City of Andover on this 3rd day of June. 1997. CITY OF ANDOVER ATTEST: iL;t~ ddb Victoria V olk, City Clerk =c: "- (I)~C)Q) -S iii.S .s::. U ~ 15 -,,- =ao2 U) 0.. e Q) CJ ... E-4 << z o CD (.l I'D ~ <OJ::. to '5 ~E-< 0 'O';cU'.2 ~ 0: li~g-g 0 u ~U) ai Gi~~e. ~ E-<~ >- 1:J Q) C (l) c: _'- a. zZ 0 :Jo~."ai -' ..;0:>. CD'" U) <r: >- ......Z => ~ui....5.9 0_ 0 ON 5 en S !:l.~ 0: Ul..2'O:gO E-4 0 g: iii U E;g u. O-S~lDCO E-4 Z . ~ a.:J 0..0 III - ;Sgc:OO ~>- Z Q.G)<(....U) Z P=l w ~-S ~ ~ ~ OE-< ::; - w .S i~ ~~ o::Z en ::c: <( co Q) W 0;: ~ C,):::> w<( .. _ .- lD w>- "OO~~ti ~ 0 <:>0 -cOZG>CD ;:;s .C,) <(en ad-ElD ~ Zw .... 0'-" a:l _z ?; >0.. ~ c: I E-<::2 <(z :.:'t:z<Ccu 0:- ." ~ ~ . ~ 0::; ::::I L: ~ o . .. t:o"': Q) 00 z> .E ~n3 !-5 I rJl ....:lZ <(!Z .... Q) CD:J >=> ~-sai'-5 g o. < E-<< >-0 ~i~!2.:-: :iU o. :::> ;::<( :<< .! ; Q. CD . I ~ 0 =>'" Q)OO-o..l: ~ 00 (6~--25 wZ .ztO~OC en<( 2 I-~ ~-E"' m e~ . ... (1)- ... z I Den (l)......o~Q) Ol 0:<( c.:ijo_tl o..w <(3:ltiS~ ~ Z j E-4 00. ..-f ~ ..-f o. "' I fl_ g~ N. o~ I "it, ",':t I 'a'" f.1: I a:~ 0" I I LJ-g~ . .. ".: . '.' S 00"32.28" E 142.50 I ;"1 ~o ...0 \::0 ",<Xl zl 1 ... " V> ... ~I ::J 5\ o ~I ~I z ~ I I L_l. & 1. 0 11. f)o CCU illO~. o~c ~~ , .. - '1" C . ,....,J, ~~ Jm~ :z:~~ Aili Ii IU~f - j~~~~ 1 11< ol-.. oR 01" <Xl'" '" V> "' 142.50 N 00-32'28" W o. ..::' . {" ::" . '.' N N .... '. . :':'.<~: 10 ~ I I t;; ~ o N <; ~~- o ~ 'j < '-! CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 130-97 VOID CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 131-97 VOID CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 132-97 VOID CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R133-97 A RESOLUTION AMENDING RESOLUTION R-178A-86 RELATING TO THE BULK STORAGE OF LIQUID FUELS AND APPROVING AN AMENDED SPECIAL USE PERMIT AS REQUESTED BY LOCAL OIL OF ANOKA, INC. PURSUANT TO ORDINANCE NO.8, SECTION 4.26 ON PROPERTY LOCATED AT 3631 BUNKER LAKE BOULEVARD NW (PIN 32-32-24-24-0072). WHEREAS, Local Oil of Anoka, Inc. has requested an Amended Special Use Pennit to allow for the installation of a 1,000 gallon above ground propane tank pursuant to Ordinance No.8, Section 4.26 on property located at 3631 Bunker Lake Boulevard NW, legally described Lot 2, Block I Local Oil Addition. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 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. 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 Amended Special Use Pennit on said property with the following conditions: I) That the applicant shall provide to the City, in writing, proofthat the tanks meet all State and Federal requirements and installation regulations. 2) That the Andover Fire Marshall inspect the tanks and their installation. 3) That the Amended Special Use Pennit be subject to the 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. Page Two Amended SUP - Storage of Bulk Liquid Fuels Local Oil of Anoka, Inc. June 3, 1997 5) That operation of the liquid propane tank be limited to only properly trained individuals. 6) That loose or piled combustibles, materials and weeds not be stored within ten (10') of the tan1e 7) That a parking space be designated by signage and pavement markings "for propane tank use only" within 90 days of installation, weather permitting. 8) That the applicant work with City staff to situate the tank so as not to conflict with heavily traversed areas of the parking lot. 9) That the applicant landscape and berm the propane tank. 10) That signage is prohibited from being placed on the propane tank. Adopted by the City Council of the City of Andover on this.3.rd day of June, 1997. CITY OF ANDOVER ATTEST: ~t-~ ~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 134-97 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 95-14 FOR CROOKED LAKE BOULEVARD NW. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 068-97, dated March 18, 19~, bids were received, opened and tabulated according to law with results as follows: Forest Lake Contracting, Inc. Northdale Construction, Inc. Ro-So Contracting, Inc. $549,578.00 $556,952.97 $743,063.00 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 $549.578.00 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 City Council at a regular meeting this ~ day of and adopted by the June , 19~, with Councilmembers M"'T<pl,,~y. neb",. K'UI.9ii. T<ni ght-. ortl.iOOng in favor of the resolution, and Councilmembers lIl"np against, whereupon said resolution was declared passed. voting ATTEST: CITY OF ANDOVER ~, t );Jv ~~ {JE. McKelvey - Mayor tli;;,. I #if. .. ~ /)H..</ Victoria Volk - City Ck;rk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 135-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-7 FOR PROJECT NO. 97-7 FOR CROWN POINTE EAST 2ND ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 094-97, dated May 6, 1997, bids were received, opened and tabulated according to law with results as follows: Inland Utility Construction Annandale Construction Hennen Construction Co. $363,402.45 $388,594.56 $397,159.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Inland Utility .QQnstruction as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Inland Utility Construction in the amount of $363 402.45 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 17th day of June ,19~, with Councilmembers n"hn, McKelvey. Orttel. Knight. KUI\16\ing in favor of the resolution, and Councilmembers bln'Jp voting against, whereupon said resolution was declared passed. ~tI~ Victoria Volk - City Clerk CITY OF ANDOVER fl. Z, lJ/e- ~&, ~.E. McKelvey - Mayo ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R136-97 A RESOLUTION GRANTING THE LOT SPLIT REQUEST OF GERALD RYDING TO CREATE TWO (2) PARCELS PURSUANT TO ORDINANCE NO. 40 ON THE PROPERTY LOCATED AT 2032 159TH AVENUE NW, LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, Gerald Ryding has requested a lot split to create two parcels pursuant to Ordinance No. 40 on the property located at 2032 l59th Avenue NW, legally described on Exhibit A; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split on said property with the following conditions: 1. That the lot split be subject to a sunset clause as defined in Ordinance No. 40, Section III(E). 2. That the applicant pay a park dedication fee pursuant to Ordinance No.1 0, Section 9.07.10 in the amount of four hundred ($400.00) dollars. Page Two Resolution Gerald Ryding - Lot Split June 17, 1997 Adopted by the City Council of the City of Andover on this lZili day of lYm<, 1997. CITY OF ANDOVER ATTEST . { }1Jo ~lJ-'. .E. McKelvey, ~71 ~ db Victoria Volk, City Clerk EXffiBIT A That part of the South Half of the Northeast Quarter of the Southwest _ - Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota, described as follows: Beginning at a point on the East line of said South - _ Half of the Northeast Quarter of the Southwest Quarter, distant 33 feet South of the Northeast comer of Said South Half; thence West parallel with the North line of said South Half a distance of263.60 feet; thence Southwesterly 91.61 feet along a tangential curve to the left, having a radiiJs _ of94.01 feet; thence Southwesterly, tangent to said curve, 172.44 feet; - -. thence Southwesterly along said tangent line 83.00 feet; thence Southwesterly 68.17 feet along Ii. tangential curve to the right having a -.- radius of 93.94 feet; thence Southeasterly 367.65 feetto apoiI!ton the South line of said Northeast Quarter of the Southwest Quarter, distant 386.96 feet West of the Southeast comer of said Northeast Quarter of the Southwest Quarter; thence East along last said South line 386.96 feet to the Southeast comer of said Northeast Quarter of said Southwest Quarter; thence North along the East line of said South Half of the Northeast Quarter of beginning. Subject to road easement over the Northwesterly 33 feet thereof. Subject to Nightingale Street NW. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R137-97 A RESOLUTION GRANTING THE VARIANCE REQUEST OF ANDTI BUILDING PARTNERSHIP, LLP TO ORDINANCE NO.8. SECTION 4.21, WHICH REQUIRES A FOUR (4) FOOT HIGH FENCE TO BE LOCATED IN THE MINIMUM REQUIRED FRONT YARD SETBACK AND TO ALLOW FOR THE CONSTRUCTION AND PLACEMENT OF A SIX (6) FOOT HIGH CHAIN LINK (VINYL COATED) FENCE TO BE LOCATED IN THE MINIMUM REQUIRED FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 3390 BUNKER LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT I, BLOCK I, WOODLAND TERRACE. WHEREAS, ANDTI BUILDING PARTNERSHIP, LLP requested a variance to Ordinance No. 8, Section 4.21 which requires a four (4) foot high fence to be located in the minimum required front yard setback and to allow for the construction and placement of a six (6) foot high chain link (vinyl coated) fence to be located in the minimum required front yard setback on the property located at 3390 Bunker Lake Boulevard NW, legally described as Lot I, Block I, Woodland Terrace. 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 difficulties which would preclude the property owner reasonable use of the property; and 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 RESOPL VED 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 ANDTI Building Partnership, LLP to allow for the construction and placement of a six (6) foot high chain link (vinyl coated) fence to be located in the minimum required front yard setback on the property located at 3390 Bunker Lake Boulevard NW, legally described as Lot I, Block I, Woodland Terrace. Adopted by the City Council of the City of Andover on this 11th day of~, 1997. A TIEST: CITY OF ANDOVER L~U& Victoria Volk, City Clerk J~c!~e?:1~f d~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R138-97 A RESOLUTION GRANTING THE VARIANCE REQUEST OF MIKE AND MELISSA HEIN TO ORDINANCE NO.8, SECTION 4.21 WHICH REQUIRES A FOUR (4) FOOT HIGH FENCE TO BE LOCATED IN THE MINIMUM REQUIRED FRONT YARD SETBACK AND TO ALLOW FOR THE CONSTRUCTION AND PLACEMENT OF A SIX (6) FOOT HIGH WOOD FENCE TO BE LOCATED IN THE MINIMUM REQUIRED FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 14509 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS: THAT PART OF GOV LOT 4, SEC 29, TWP 32, RGE 24, DES AS FOL: COM AT SE COR OF SO GOVTLOT, TH NL Y ALG E LINE OF SD GOV LOT 598.25 FT TO INTER/W CIL OF SOUTH COON CREEK DRIVE, TH NWL Y ALG SD CIL AT AN INTERNAL ANG OF 132 DEG, 05 MIN, 847.50 FT TO INTERIW CIL OF CSAH NO. 9, TH N 43 DEG E ALG SD CIL OF CSAH NO.9, 200 FT TO POB, TH CONT ALG SD CIL 200 FT, TH SEL Y 217.8 FT, THSWLYPRLLlW SD CIL OFCSAHNO. 9, 200FT, THNWLY217.8 FTTO POB, EX RDS, SUBJTO EASE OF REC. WHEREAS, Mike and Melissa Hein requested a variance to Ordinance No.8, Section 4.2 I which requires a four (4) foot high fence to be located in the minimum required front yard setback and to allow for the construction and placement of a six (6) foot high (wood) fence to be located in the minimum required front yard setback on the property located at 14509 Round Lake Boulevard NW, legally described as above. 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 difficulties which would preclude the property owner reasonable use of the property; and 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 RESOPL VED that the City Council of the City of Andover hereby agrees with the recommendation ofthe Planning and Zoning Commission and hereby approves the variance requested by Mike and Melissa Hein to allow for the construction and placement of a six (6) foot high (wood) fence to be located in the minimum required front yard setback on the property located at 14509 Round Lake Boulevard NW, legally described as above. Adopted by the City Council of the City of Andover on this 17th day of~, 1997. A TIEST: CITY OF ANDOVER ;L~. da Victoria Yolk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 139-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 95-24 FOR THE COON CREEK BIKEWAYMJALKWAY TRAIL. WHEREAS, This award is made contingent upon receiving the necessary permits from Burlington Northern Railroad; and WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 089-97, dated May 6, 1997, bids were received, opened and tabulated according to law with results as follows: Base Bid Alternate Bid Alber Asphalt Co. Barber Construction Co., Inc. Jay Bros., Inc. $256,107.50 $295,020.50 $306,655.00 $33,050.00 $40,175.00 $30,825.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Alber Asphalt Co. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Alber Asphalt Co. in the amount of $ 256.107.50 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 Kunza and adopted by the City Council at a regular meeting this 17th day of June ,19J!L, with Councilmembers Knight. Kunza. McKelvey. Ortlel. Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER {2 g. $L- <4 d<f.E. McKelvey - Mayor . Lb IJdU Victoria Volk - City Clerk MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 140-97 Knight to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 96-27 FOR OAK VIEW MIDDLE SCHOOL TRAIL/HANSON AOULEVARD NW. WHEREAS, the City Council is cognizant of the need for Project No. 96-27. NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Oak View Middle School Trail/Hanson Boulevard NW, Project 96-27; 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 Kunza and adopted by the City Council at a regular meeting this 17th day of June ,19 97, with Councilmembers Knight. Kunza. McKelvey. Dehn. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: r/ ff ~c-K"L~ /J.E. McKelvey - Mayor iL~ (/db Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 141-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO. 94-6, IN THE 14590 BLUEBIRD STREET NW AREA. WHEREAS, the City Council has received a petition, dated June 11. 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 the City 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 17th day of June, 1997, with Councilmembers Knight. Kunza. McKelvey. Dehn. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 2,t.~RJ~ t<(E. McKelvey - Mayor l;t;.;,/ ;)~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 142-97 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. _ 97-25 FOR FENCING/SUNSHINE PARK. PLEASANT OAKS PINE HILLS. WHEREAS, the City Council is cognizant of the need for fencing in several City parks; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of fencing in Sunshine Park. Pleasant Oaks Park and Pine Hills Park, Project 97-25; and BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Engineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 17th day of June, 19 97, with Councilmembers Knight. Kunza. McKelvey. Dehn. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~/~-~!9- 0E. McKelvey - Mayor d,L;~ ddb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 143-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING QUOTATIONS FOR PROJECT NO. 97-25 , FOR FENCING AT SUNSHINE PARK. PLEASANT OAKS PARK AND PINE HILLS PARK. WHEREAS, pursuant to Resolution No. -97 ,adopted by the City Council on the 17th day of June ,19~, the City Engineer has prepared final plans and specifications for Project 97-25 . WHEREAS, such final plans and specifications were presented to the City Council for their review on 17th day of June , 1 g~. 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 quotations as required by law, with such quotations to be opened at 10:00 AM , July 10 ,19 97 at the Andover City Hall. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 17th day of June ,1997, with Councilmembers Knight. Kunza. McKelvey. Dehn. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: U~rJJb Victoria Volk - City Clerk CITY OF ANDOVER (J, e k~4T ftE. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R144-97 A RESOLUTION AUTHORIZING THE CITY OF ANDOVER TO ENTER INTO A GRANT AGREEMENT WITH THE STATE OF MINNESOTA TO FUND COSTS ASSOCIATED WITH THE CLEAN-UP OF CONTAMINATED LAND AT THE FORMER BEST AUTO PARTS SITE (1950 BUNKER LAKE BOULEVARD NW) AND ADJOINING AUTO SALVAGE YARD AREAS. WHEREAS, the 1997 Legislature appropriated $500,000 to make a grant to the City of Andover for the cleanup of contaminated land at the fonner Best Auto Parts Site and adjoining auto salvage yard areas, and WHEREAS, to request this money, the City must enter into a grant agreement with the Department of Trade and Economic Development. NOW, THEREFORE, BE IT RESOLVED that the City enter into an agreement with the State of Minnesota to partially fund the cleanup of contaminated wastes at the former Best Auto Parts property (1950 Bunker Lake Boulevard NW) and adjoining salvage yard areas. Adopted by the City Council of the City of Andover on this.l1!h day of~, 1997. ATTEST: CITY OF ANDOVER ~tlg Victoria Yolk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 145-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 95-14 FOR CROOKED LAKE BOULEVARD NW. WHEREAS, the change order will be forthcoming with the correct figures at the next Council meeting to include or reflect an accurate charge of $5,350.00 per unit for water assessment. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 068-97, dated March 18, 1997, bids were received, opened and tabulated according to law with results as follows: Forest Lake Contracting, Inc. Northdale Construction, Inc. Ro-So Contracting, Inc. $549,578.00 $556,952.97 $743,063.00 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 $549.578.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Knight and adopted by the City Council at a regular meeting this 17th day of June ,19J!L, with Councilmembers Dehn. Knight. McKelvey. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER d t~I1{~!::o17 ATTEST: L:~ t1-d Victoria Volk - City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: June 17, 1997 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall in said City on Tuesday, the 17th day of June, 1997, at 7:00 P.M., for the purpose, in part, of considering proposals for, and awarding the sale of, $6,315,000 General Obligation Improvement Bonds of 1997, Series B of the City. The following members were present: Dehn, Knight, Kunza, McKelvey, orttel and the following were absent: None Member Dehn and moved its adoption: introduced the following resolution No. Rl46-97 RESOLUTION ACCEPTING PROPOSAL ON SALE OF $6,315,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, SERIES B, PROVIDING FOR THEIR ISSUANCE, AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND NET REVENUES A. WHEREAS, on May 20, 1997, the City Council of the City of Andover, Minnesota (the "City"), adopted a resolution (the "Preliminary Resolution"), which provided for the private negotiation of $6,315,000 General Obligation Improvement Bonds of 19'5\7, Series B (the "Bonds"); and B. WHEREAS, proposals to purchase the Bonds have been solicited by Juran & Moody ("Juran") in accordance with the Preliminary Resolution; and C. WHEREAS, the proposals set forth on Exhibit A attached hereto were received and opened pursuant to the Official Terms of Bond Sale established for the Bonds in the presence of the Clerk, or designee, at the offices of Juran at 11:00 A.M., Central Time, this same day; and D. WHEREAS, the City Council of the City has heretofore determined and declared that it is necessary and expedient to issue the Bonds of the City, pursuant to Minnesota 353850.1 Statutes, Chapters 429 and 475, to finance the construction of various improvements in the City (the "Improvements"); and E. WHEREAS, the Improvements and all their components have been ordered prior to the date hereof, after a hearing thereon for which notice was given describing the Improvements or all their components by general nature, estimated cost, and area to be assessed; and F. WHEREAS, a portion of the cost of the Improvements will be paid from net revenues of the municipal water and sewer system pledged pursuant to Minnesota Statutes, Chapter 444; and G. that the Bonds provided; and WHEREAS, it is in the best interests of the City be issued in book-entry form as hereinafter NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds of the City (or individually, a "Bond"), in accordance with the Official Terms of Bond Sale, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received and is hereby accepted, and the Bonds are hereby awarded to said proposal maker. The City Clerk is directed to retain the deposit of said proposal maker and to forthwith return to the unsuccessful proposal makers their good faith checks and drafts. 2 . Bond Terms. (a) Title: Oriqinal Issue Date: Denominations: Maturities. The Bonds shall be titled "General Obligation Improvement Bonds of 1997, Series B", shall be dated July 1, 1997, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on December 1 in the years and amounts as follows: Year Amount Year Amount 1998 $850,000 2002 $780,000 1999 795,000 2003-2004 775,000 2000-2001 785,000 2005 770,000 All dates are inclusive. 353850.1 2 (b) Book Entry Only SYstem. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Register Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, 353850.1 3 353850.1 if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder of the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations") . (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond 4 Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Discontinuance termination of follows: Termination of Book-Entrv Only Svstem. of a particular Depository's services and the book-entry only system may be effected as (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. Iii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 11 hereof. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 hereof. 353850.1 5 (d) The provisions in the Letter of Representations are incorporated herein by referenced and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing December 1, 1997, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate 1998 % 2002 % 1999 2003 2000 2004 2001 2005 5. Redemption. All Bonds maturing in the years 2000 to 2005, both inclusive, shall be subject to redemption and prepayment at the option of the City on December 1, 1999, and on any Interest Payment Date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount 353850. 1 6 of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discre- tion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Reqistrar. First Trust National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 353850. 1 7 UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER $ R- GENERAL OBLIGATION IMPROVEMENT BOND OF 1997, SERIES B INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP JULY 1, 1997 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Andover, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, unless called for earlier redemption, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, and to pay interest thereon semiannually on June 1 and December 1 of each year (each, an "Interest Payment Date"), commencing December 1, 1997, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of First Trust National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less 353850.1 8 than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. [So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those ter.ms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until ter.mination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee.]. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Include only until termination of the book-entry only system under paragraph 2 hereof. * 353850.1 9 Date of Registration: Registrable by: FIRST TRUST NATIONAL ASSOCIATION Payable at: FIRST TRUST NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Clerk FIRST TRUST NATIONAL ASSOCIATION St. Paul, Minnesota Bond Registrar By Authorized Signature 353850.1 10 ON REVERSE OF BOND Redemption. All Bonds of this issue (the "Bonds") maturing in the years 2000 to 2005, both inclusive, are subject to redemption and prepayment at the option of the Issuer on December 1, 1999, and on any Interest Payment Date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, those Bonds remaining unpaid which have the latest maturity date shall be prepaid first; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty (30) days prior to the date fixed for redemption. Selection of Bonds for Redemption: Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any Authorized Denomination or Denomina- tions, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance: Purpose: General Obliqation. This Bond is one of an issue in the total principal amount of $6,315,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the 353850. 1 11 Issuer on June 17, 1997 (the "Resolution"), for the purpose of providing money to finance the construction of various improve- ments within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation Improvement Bonds of 1997, Series B Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations: Exchanqe: Resolution. The Bonds are issuable solely as fully registered bonds in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Reqistered 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. 353850.1 12 Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Not Oualified Tax-Exempt Obliqation. This Bond has not been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b) (3) of the Internal Revenue Code of 1986, as amended. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM TEN ENT JT TEN - - as tenants in common - as tenants by the entireties as joint tenants with right of and not as tenants in common as custodian for survivorship UTMA - (Cust) under the (Minor) Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 353850.1 13 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15 (a) (2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 353850.1 14 [Use only for Bonds when they are Registered in Book Entry Only System] PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE OF HOLDER DATE AMOUNT 353850.1 15 8. Execution: Temporarv Bonds. The Bonds shall be printed (or, at the request of the Purchaser, typewritten) and shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, however, that the seal of the City may be a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. Such temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Clerk. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is July 1, 1997. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Reqistration: Transfer: Exchanqe. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. 353850.1 16 Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 353850.1 17 11. Riahts Upon Transfer or Exchanae. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carryall the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest PaYment: Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Reqistered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Deliverv: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Treasurer to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds of 1997, Series B Fund" (the "Fund") to be administered and maintained by the Treasurer as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account", respectively. (i) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $6,251,850, plus any special assess- ments levied with respect to the Improvements and collected prior 353850.1 18 to completion of the Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of special assessments or net revenues herein levied or covenanted to be levied; and provided further that if upon completion of the Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment of the costs of the Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery of the Bonds; (c) all funds paid for the Bonds in excess of $6,251,850; (d) net revenues of the municipal water and sewer system in the amount of $88,375 per annum for collection in the years 1997 through 2005 to the payment of the Bonds; (e) all collections of taxes which may hereafter be levied in the event that special assessments and other funds herein pledged to the payment of the principal and interest of the Bonds of this issue are insufficient therefor; (f) all funds remaining in the Construction Account after completion of the Improvements and payment of the costs thereof, not so transferred to the account of another improvement; (g) all investment earnings on funds held in the Debt Service Account; and (h) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. 353850.1 19 No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than twenty percent (20%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be levied against every assessable lot, piece and parcel of land benefitted by any of the Improvements. The city hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Councilor any of the City officers or employees, either in the making of the assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. The special assessments have not heretofore been authorized, and accordingly, for purposes of Minnesota Statutes, Section 475.55, Subdivision 3, the special assessments are hereby authorized. Subject to such adjustments as are required by the conditions in existence at the time the assessments are levied, it is hereby 353850. 1 20 determined that the assessments shall be payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than the rate per annum set forth opposite the collection years specified below: Improvement Desiqnation Amount Levv Years Collection Years Rate $5,436,000 1997-2004 1998-2005 '" o At the time the assessments are in fact levied the City Council shall, based on the then-current estimated collections of the assessments, make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, subdivision 1. 17. Coveraqe Test. The special assessments are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. 18. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein 353850. 1 21 required has been duly provided for, to such earlier redemption date. 19. Compliance With Reimbursement Bond Requlations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United states Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure") . The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or 5% of the proceeds of the Bonds. Notwithstanding the foregoing, with respect to any Declaration made by the City between January 27, 1992 and June 30, 1993, with respect to a Reimbursement Expenditure made prior to March 2, 1992, the City hereby represents that there exists objective evidence, that at the time the Expenditure was paid the City expected to reimburse the cost thereof with the proceeds of a borrowing (taxable or tax-exempt) and that expectation was reasonable. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other 353850.1 22 types of expenditures described in Section 1.150- 2(d) (3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 19 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. '. 20. Continuinq Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: A. Provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. B. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. 353850.1 23 C. Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. D. The City agrees that its covenants pursuant to the Rule set forth in this paragraph 20 and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk of the City, or any other officer of the City authorized to act in their place with "Officers" are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 21. General Obliaation Pledae. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 22. 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 such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore 353850.1 24 furnished, shall be deemed representations of the City as to the facts recited therein. 24. Neqative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds: Rebate: Elections. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States. If any elections are available now or hereafter with respect to arbitrage or rebate matters relating to the Bonds, the Mayor, Clerk and Treasurer or any of them, are hereby authorized and directed to make such elections as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 26. No Desiqnation of Oualified Tax-Exempt Obliqations. The Bonds exceed in amount those which may be qualified as "qualified tax-exempt obligations" within the meaning of Section 265(b) (3) of the Code, and hence are not designated for such purposes. 27. Severabilitv. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 28. Headinqs. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of was duly seconded by member Orttel discussion thereof and upon a vote being following voted in favor thereof: Dehn, Knight, Kunza, McKelvey, Orttel and the following voted against the same: None the foregoing resolution and, after a full taken thereon, the 353850.1 25 adopted. 353850.1 Whereupon said resolution was declared duly passed and 26 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals for, and awarding the sale of, $6,315,000 General Obligation Improvement Bonds of 1997, Series B of said City. WITNESS my hand and seal of said City this 17th day of June, 1997. ~!ia Clerk (SEAL) 353850.1 27 EXHIBIT A PROPOSALS [To be supplied by Juran & Moody] 353850.1 A-I CITY OF ANDOVER COUNTY OFANOKA STATE OF MINNESOTA NO. 147-97 A RESOLUTION DECLARING A PIT BULL MIX DOG KEPT ON THE PROPERTY OWNED BY SHERRY ROT AR, 3529 - 139TH AVENUE NW AS A "NUISANCE" AND ORDERING ITS PERMANENT REMOVAL FROM THE CITY OF ANDOVER OR ITS DESTRUCTION. WHEREAS, a pit bull mix dog kept on the property owned by Sherry Rotar, 3529 - 139th Avenue NW was declared as a "biting dog" by the Andover City Council on February 4, 1997; and WHEREAS, two subsequent reports of the dog threatening to attack have been received from the Anoka County Sheriff's Department; and WHEREAS, Ordinance 53 allows the City Council to cause the destruction or permanent removal of the dog from the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the pit bull mix dog previously declared as a "biting dog" either be removed permanently from the City or destroyed. BE IT FURTHER RESOLVED that the owner of said dog shaH provide proof to the city that the dog has either been destroyed or removed from the city permanently. Adopted by the City Council of the City of Andover this 17th day of Tune, 1997. CITY OF ANDOVER Attest: tf,tf, m~~~ <<E. McKelvey - Mayor ~ dffi Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 148-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 95-12 , FOR WELL #6. WHEREAS, pursuant to Resolution No. 058-97 ,adopted by the City Council on the 6th day of May ,19~, TKDA has prepared final plans and specifications for Project 95-12 for Well #6. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 24th day of June , 19--.9L. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, July 18, 19~ at the Andover City Hall. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 24th day of June , 19 97 , with Councilmembers Dehn. Kunza. McKelvey. Knight. Orttel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: y {$,--~~ /i.E. McKelvey - Mayor lJ/L Idb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 149-97 MOTION by Council member Dehn to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 95-24 FOR THE COON CREEK BIKEWAYIWALKWAY TRAIL. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 089-97, dated May 6,1997, bids were received, opened and tabulated according to law with results as follows: Base Bid Alternate Bid Alber Asphalt Co. Barber Construction Co., Inc. Jay Bros., Inc. $256,107.50 $295,020.50 $306,655.00 $33,050.00 $40,175.00 $30,825.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Alber Asphalt Co. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Alber Asphalt Co. in the amount of $ 256.107.50 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 Kunza and adopted by the City Council at a regular meeting this 24th day of June ,19J!L, with Councilmembers Dehn. Kunza. McKelvey. Knight. Orttel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER (j. 1. );k~~ c:f.E. McKelvey - Mayor L~ tf~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. 150-97 A RESOLUTION DECLARING A DOG OWNED BY SANDRA STANLEY, 2720 - 138TH AVENUE NW, ANDOVER, MN A "BITING DOG", WHEREAS, a dog owned by Sandra Stanley was allowed to run at large; and WHEREAS, said dog was involved in an incident on June 8,1997 where it bit a resident walking on the street; and WHEREAS, said dog was previously involved in several incidents where it bit others. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby declares a dog owned by Sandra Stanley as a "biting dog". Adopted by the City Council of the City of Andover this 16th day of.l1!illL, 1997. ATTEST: CITY OF ANDOVER J:.!~~~~ LLh Victoria Volk - City Clerk CITY OF ANDOVER COu'NTY OF ANOKA STATE OF MINNESOTA RES. NO. R151-97 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF HAMILTON SOUARE BY EDWARD AND LORA HAMILTON LOCATED IN SECTION 23, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and comments were favorable; and WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, as a result of such public hearing, the Pla.'1Iling and Zoning Commission recommends approval of the plat citing the following: 1. The developer is responsible to obtain all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LOU, MPCA and any other agency that may be interested in the site. 2. Park dedication as recommended by the Park and Recreation Commission as determined by Ordinance No. 10, Section 9.07. 3. Bikeway/walkway to be constructed along Hanson Boulevard NW and Crosstown Bonlevard NW. The developer shall pay 50% of the cost and the City shall pay 50% of the cost. 4. Dedication of right-of-way for Crosstown Boulevard NW (County Road No. 18) as required by the Anoka County Highway Department letter dated June 2, 1997 from Jane Pemble, Traffic Engineer. 5. Stormwater drainage to the north be coordinated with the drainage of Chesterton Commons and/or be self contained within the plat. 6. The comments on the memo dated June 4, 1997 from Scott Erickson, City Engineer and Todd Haas, Assistant City Engineer shall be addressed. 7. The comments on the memo dated June 6, 1997 from Daniel A. Fabian, TKDA, Inc. shall be addressed. 8. The plat be contingent on staff review and approval in compliance with City ordinances, policies and guidelines. 9. The plat be contingent upon re-approval ofthe Coon Creek Watershed District and all other appropriate agencies. 10. The execution of a development contract between the City and the developer. Page Two Resolution Preliminary Plat - Hamilton Square June 24, 1997 11. The owner will dedicate all easements at the time of final plat. Adopted by the City Council ofthe City of Andover this June ; 19.J2L... 24th day of CITY OF ANDOVER ATTEST: /L-tJ~) tf~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 152-97 MOTION by Councilmember Dehn 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. 97-26, IN THE HAMILTON SQUARE AREA. WHEREAS, the City Council has received a petition, dated June 17 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 $1.000 3. The proposed improvement is hereby referred to McCombs Frank Roos Associates. Inc. and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 24th day of June, 1997, with Councilmembers Dehn. Kunza. McKelvey. Knight. Ortlel (absent) voting in favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: 1. ~ /ff~~1:? /J.E. McKelvey - Mayor. l;L tI$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 154-97 MOTION by Councilmember Dehn 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. 97-8 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA CHESTERTON COMMONS WHEREAS, the City Council did on the 18th day of March, 19 97 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by McCombs Frank Roos Associates Inc. and presented to the Council on the 17th day of June, 19-9L; and WHEREAS, the property owners have waived the right to a Public Hearing; and ATTEST: (l~~UJ Vb Victoria Volk - City Clerk WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated entire project cost (3 phases) of $2561.180.00 and an estimated first phase (Phase I) cost of $1 394090.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total project cost of improvements (all 3 phases) of $ 2.561.180.00 with the cost of the first phase (Phase I) estimate of $1.394.090.00 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of McCombs Frank Roos Associates. Inc. 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 $ 209.114.00 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 24th day of June ,19-9L, with Councilrnembers Dehn. Kunza. McKelvey. Knight Orttel (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~ M!IV?:-~f!o!~ ) . CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R156-97 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF MERWIN'S DRUG STORE TO ERECT A BARBED WIRE SECURITY ARM ATOP A SIX (6) FOOT HIGH FENCE (TOTAL HEIGHT NOT TO EXCEED EIGHT (8) FEET) PURSUANT TO ORDINANCE 8, SECTION 4.21(E) ON PROPERTY OWNED BY ANDOVER LIMITED PARTNERSHIP LOCATED AT 13735 ROUND LAKE BOULEVARD NW, SUITE 117, LEGALLY DESCRIBED AS LOT I, BLOCK I, ANDOVER CENTER (PIN 32-32-24-13- 0082). WHEREAS, Merwin's Drug Store has requested a Special Use Permit to erect a barbed wire security arm atop a six (6) foot high fence, (total height not to exceed not to exceed eight feet) pursuant to Ordinance 8, Section 4.21(E) on property owned by Andover Limited Partnership located at 13735 Round Lake Boulevard NW, Suite 117, legally described Lot I Block I Andover Center. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 4.21(E); 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 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: I) That the Special Use Permit be subject to the sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 2) That the Special Use Permit shall be subject to annual review by staff. Page Two SUP - Barbed Wire Security Arm Merwin's Drug Store. July 1, 1997 Adopted by the City Council of the City of Andover on this I st day of July, 1997. CITY OF ANDOVER ATTEST: ~d~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R157-97 A RESOLUTION GRANTING THE SPECIAL USE PERMITN ARIANCE REQUEST OF SCOTT LENNES, INC. TO ALLOW FOR THE INSTALLATION OF ONE (1) AREA IDENTIFICATION SIGN PURSUANT TO ORDINANCE NO.8, SECTION 8.07(D)(2)(h) AND TO VARY FROM THE PROVISIONS STATED IN ORDINANCE NO. 10, SECTION 8.04(K) WHICH REQUIRES THAT SPECIAL USE PERMITS FOR AREA IDENTIFICATION SIGNS BE APPLIED FOR IN CONJUNCTION WITH THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS STATED IN THE ZONING ORDINANCE ON THE PROPERTY LOCATED AT 97 154TH AVENUE NW, LEGALLY DESCRIBED AS LOT I, BLOCK I, MEADOWLARK HEIGHTS SUBDIVISION. WHEREAS, Scott Lennes Inc. has requested a Special Use PermitNariance to allow for the installation of one (1) area identification sign pursuant to Ordinance No.8, Section 8.07(D)(2)(h) and to vary from the provisions as stated in Ordinance No.1 0, Section 8.04(K) which requires that Special Use Permits for area identification signs be applied for in conjunction with the preliminary plat in accordance with the provisions stated in the Zoning Ordinance on the property located at 97 154th Avenue NW, legally described as Lot 1, Block 1, Meadowlark Heights subdivision. 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 5.04 (Variances); 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 PermitNariance 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 PermitNariance 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). Page Two Resolution 2. The Special Use Permit shall be subject to annual review by staff. 3. The applicant shall execute a written agreement for the maintenance of the sign. 4. 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. 5. 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 1 st day of.lJJb:, 1997. ATTEST: CITY OF ANDOVER Uwa~ .t.~~ : E. McKelvey, Mayor Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R158-97 A RESOLUTION ESTABLISHING A PERMIT FEE FOR SPECIAL HOME OCCUPATIONS (NON-CONFORMING HOME OCCUPATIONS). The City Council of the City of Andover hereby resolves: A Special Home Occupation pennit (Non-Confonning Home Occupation) is hereby established for the year 1997. Permit Fee Ordinance $50.00 #8 Adopted by the City Council of the City of Andover on this b.t day of.I1!.lx. 1997. ATTEST: CITY OF ANDOVER LL tLtu Victoria V olk, City Clerk . t /-%.4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO.159-97 " RESOLUTION APPROVING REDEVELOPMENT PROJECT AREA AND PLAN BE IT RESOLVED by the ,City Council (the "Council") of the City of Andover, Minnesota (the "City"), as follows: Section 1. Recitals. ~.O~. It has been proposed by the Economic Development Aut.hority of the City of Andover (the "Authority") that the Authority establish a Redevelopment Project Area in connection with the construction and equipping of a public works building (the "Redevelopment Project Area"); and adopt 'the Redevelopment Plan for the Redevelopment Project Area (the "Plan"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 through 469.047 and 469.090 through 469.1081; all as reflected in that certain document entitled in part "Redevelopment Plan for Andover Public Works Building," dated June 17, 1997, and presented for the Council's consideration. 1.02. The Council has investigated the facts relating to the Plan. 1.03. The City has performed all actions required by law to be performed prior to the adoption and approval of the Plan, including, but not limited to, a review of and written comment on the Plan by the City Planning Commission, and the holding of a public hearing thereon following at least 10 but not more than 30 days' prior published notice thereof, as required by law. Section 2. Findinqs for the Adootion and Aooroval of the Plan. 2.01. The Council hereby finds that the Plan conforms to the general plan for the development or redevelopment of the City as a whole because the Redevelopment Project Area is properly zoned for the intended uses, and the anticipated development is i.n furtherance of long range plans of the City for that area; and that the Plan will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development of the Redevelopment Project Area and adjacent areas by private enterprise because they will enable the Authority to provide and finance necessary public facilities. 351658.1 2.02. The Council further finds that the Plan is intended and, in the judgment of this Council, its effect will be, to promote the public purposes and accomplish the objectives specified in the Redevelopment Plan for Redevelopment Project Area. Section 3. Aporoval and Adootion of the Plan. 3.01. The Plan, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the City Administrator. Passed and Adopted this 1st' day of July, 1997, by the Andover City Council. Approved this 1st' day of July, 1997. Lt-~ ~ City Clerk C' t J/!c-f~ Mfor The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Kun",,, , and upon vote being taken thereon, the following voted in favor thereof: Dehn, Knight, Kunza, McKelvey, Orttel and the following voted against the same: None 351658.1 2 STATE OF MINNESOTA COUNTY OF ANOKA 55. CITY CLERK'S CERTIFICATE CITY OF ANDOVER ,) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes of a duly called and regularly held meeting of the City Council of said City held on July 1, 1997, with the original minutes thereof on file in my office and I further certify that the same is a full, true, and correct transcript thereof insofar as said minutes relate to the Economic Development Authority of the City of Andover's Redevelopment Project Area. WITNESS My hand officially and seal of said City thislst day of July,1997. ~kb City Clerk Andover, Minnesota (SEAL) 351658.1 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 160-97 A RESOLUTION DESIGNATING NO PARKING ALONG THE EAST SIDE OF TOWER DRIVE FOR THE PERIOD OF APRIL THROUGH OCTOBER WHEREAS, the no parking zone is to be located on the east side of Tower Drive only. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to designate a no parking zone as requested by the Park and Recreation Commission. Adopted by the City Council of the City of Andover this ~ day of July 19 97 . ATTEST: ff t. $& ~f7- P-E. McKelvey - Mayor L~L dtL/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R161-97 A RESOLUTION GRANTING THE LOT SPLI1W ARIANCE REQUEST OF SHANE ZERK PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM DISTRICT REQUIREMENTS ON PROPERTY LOCATED AT 14352 CROSSTOWN BOULEVARD NW (PIN 27-32-24-31-0004). WHEREAS, Shane Zerk, has requested to split the northwestem 17 feet of property pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 6.02, Minimum District requirements for an R-4, Single Family Urban District at 14352 Crosstown Boulevard NW legally described as follows: That part of the Northeast Quarter ofthe Southwest Quarter of Section 27, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at the Northeast corner of said quarter quarter; thence West along North line of said quarter quarter to intersection with centerline of County State Aid Highway No. 18; thence South 32 degrees 55 minutes West along said centerline 550.17 feet; thence South 44 degrees II minutes West along said centerline 482.15 feet to point of beginning; thence continue South 44 degrees II minutes West along said centerline 187 feet; thence South 44 degrees 57 minutes West along said centerline 77 feet; thence Northwesterly 165 feet; thence Northeasterly 264 feet; thence Southeasterly to point of beginning; except that part described as follows; beginning at most Southerly corner of Lot I, Block I, Woodridge Acres, thence Northwesterly along Southwesterly line of said lot 112.5 feet; thence Southwesterly parallel with Northwesterly right of way line of County State Aid Highway No. 18, 85 feet; thence Southeasterly parallel with Southwesterly line of said lot to said Northwesterly right of way line; thence Northeasterly along said Northwesterly right of way line to intersection with Southeasterly extension of Southwesterly line of said lot; thence Northwesterly along said Southeasterly extension to point of beginning, except road, subject to easement of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and Page Two LS\V AR 97-04 14352 Crosstown Boulevard NW July 15, 1997 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 binds the split parcel to Lot 8, Block I, Woodridge Acres so they cannot be sold separately. 3. That a survey of the lot split be recorded with the City of Andover. Adopted by the City Council of the City of Andover on this 12h day of July, 1997. CITY OF ANDOVER ATTEST: . f/ /Jfv tLI;;;-- rttt~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R 162-97 A RESOLUTION APPROVING THE VARIANCE REQUEST OF RAY AND KATHY SHROEDER TO ORDINANCE NO.8, SECTION 4.05 WmCH REQUIRES A SIXTY (60) FOOT FRONTY ARD SETBACK FOR A DETACHED GARGAGE AND TO ALLOW FOR THE PLACEMENT OF A DETACHED GARAGE TO ENCROACH TWENTY (20) FEET INTO THE FRONTY ARD SETBACK REQUIRED FOR A DETACHED GARAGE ON THE PROPERTY LOCATED AT 3340 I 59TH A VENUE NW, LEGALLY DESRIBED AS FOLLOWS: THAT PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, LYING WEST OF THE EAST 660 FEET L YIING EAST OF TIlE WEST 300 FEET THEREOF. WHEREAS, Ray and Kathy Schroeder requested a variance to Ordinance No.8, Section 4.05 which requires a sixty (60) foot front yard setback for a detached garage and to allow the placement of a detached garage to encroach twenty (20) feet into tbe frontyard setback required for a detached garage on the property located at 3340 159th Avenue NW, legally described as above; WHEREAS, tbe Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request; NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and bereby approves the variance requested by Ray and Kathy Schroeder to Ordinance No.8, Section 4.05 which requires a sixty (60) foot frontyard setback for a detached garage and to allow the placement of a detached garage to encroach twenty (20) feet into the frontyard setback required for a detached garage on the property located at 3340 I 59th Avenue NW, legally described as above. Adopted by the City Council of the City of Andoverthis lith day of.!lliy, 1997. ATTEST: CITY OF ANDOVER 'L::~ _ tfu Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R163-97 A RESOLUTION GRANTING THE VARIANCE REQUEST OF GREG STRA TULA TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A THIRTY (30) FOOT REARY ARD SETBACK AND TO ALLOW FOR THE PLACEMENT OF A DECK ENCROACHING SIX (6) FEET INTO THE REQUIRED REARY ARD SETBACK ON THE PROPERTY LOCATED AT 1001 I 40TH LANE NW, LEGALLY DESRIBED AS LOT 17, BLOCK 7, HILLS OF BUNKER LAKE 5TH ADDITION. WHEREAS, Greg Stratula has requested a variance to Ordinance No.8, Section 6.02 which requires a thirty (30) foot rearyard setback and to allow the placement of a deck encroaching six (6) feet into the required rearyard setback on the property located at 1001 I 40th Lane NW, legally described as Lot 17, Block 7, Hills of Bunker Lake 5th, Addition. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. S, Section 5.04; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and hereby approves the variance requested by Greg Stratula to Ordinance No.8, Section 6.02 which requires a thirty (30) foot rearyard setback and to allow the placement of a deck encroaching six (6) feet into the required rearyard setback on the property located at 100 I 140th Lane NW, legally described as Lot 17, Block 7, Hills of Bunker Lake 5th Addition. Adopted by the City Council of the City of Andover this l2h day of.I!!b:, 1997. ATTEST: CITY OF ANDOVER ii~ (/v/U Victoria Volk, City Clerk . f. me.- Extract of Minutes of Meeting of the City Council of the City of Andover, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Minnesota was duly held at City Hall in said City of Andover, on Tuesday, the 15th of July, 1997, at 7: 00 p.m. The following Councilmembers were present: Dehn, Kunza, McKe1vey, Knight, Ortte1 and the following were absent: none *** *** *** Councilmember Knight introduced the following written resolution and moved its adoption: CITY OF ANDOVER Anoka County, Minnesota RESOLUTION NO. R164-97 A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF COMMERCIAL DEVELOPMENT REVENUE REFUNDING BONDS IN TWO SERIES, TO REFINANCE A PROJECT ON BEHALF OF ANDOVER LIMITED PARTNERSHIP BE IT RESOLVED by the City Council of the City of Andover, Minnesota (the "City"), as follows: 1. Authority. Pursuant to the laws of the State of Minnesota, including Minnesota Statutes, Sections 469.152 to 469.165, as amended (the "Act"), a city is authorized to issue and sell its revenue bonds and refunding revenue bonds for the purpose of financing and refinancing D:\ANDl 00\00 I\RES\AUTHOR.DOC AtmlOR/ZlNG RESOLUTION in whole or in part the cost of a project and to enter into agreements necessary or convenient in , the exercise of the powers granted by the Act. 2. Authorization of Proiect: Documents Presented. Andover Limited Partnership, a Minnesota limited partnership (the "Company"), has proposed to this Council that the City issue and sell its $5,645,000 City of Andover Commercial Development Revenue Refunding Bonds (Downtown Center Project), Series 1997A (the "Series 1997A Bonds") and its City of Andover $1,250,000 Taxable Subordinate Commercial Development Revenue Refunding Bonds (Downtown Center Project), Series 1997B (the "Series 1997B Bonds," and together with the Series 1997 A Bonds, the "Bonds"), pursuant to the Act, and loan the proceeds thereof to the Company in order to refinance costs incurred in the acquisition, construction and equipping of a commercial strip shopping center facility (the "Project") located in the City by causing to be refunded in full the City's outstanding Commercial Development Revenue Note (Andover Limited Partnership Project) dated as of December 23, 1982, originally issued in the aggregate principal amount of $7,700,000 and outstanding as of the projected date of issuance of the Bonds in the aggregate principal amount of $5,645,672 (the "Prior Note"). Forms of the following documents relating to the Bonds have been submitted to the City and are now on file in the office of the City Clerk: (a) Loan Agreement (the "Series 1997A Loan Agreement") dated as of July 15,1997 between the City and the Company, whereby the City agrees to make a loan to the Company of the gross proceeds of sale of the Series 1997 A Bonds and the Company agrees to provide for the refunding and redemption in whole of the Prior Note, as more fully provided therein, and to pay amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Series 1997 A Bonds when due; and (b) Loan Agreement (the "Series 1997B Loan Agreement") dated as of July 15, 1997 between the City and the Company, whereby the City agrees to make a loan to the Company of the gross proceeds of sale of the Series 1997B Bonds and the Company agrees to provide for the refunding and redemption in whole of certain outstanding indebtedness, as more fully provided therein, and to pay amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Series 1997B Bonds when due; and (c) Indenture of Trust (the "Series 1997A Indenture") dated as of July 15, 1997, between the City and First Trust National Association, as trustee (the "Trustee"), authorizing the issuance of and pledging certain revenues, including those to be derived from the Series 1997 A Loan Agreement, as security for the Series 1997 A Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; and (d) Indenture of Trust (the "Series 1997B Indenture") dated as of July 15, 1997, between the City and First Trust National Association, as trustee (the "Trustee"), authorizing the issuance of and pledging certain revenues, including those to be derived from the Series 1997B Loan Agreement, as security for the Series 1997B Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; and (e) Combination Mortgage, Security Agreement and Fixture Financing Statement (the "Mortgage"), dated as of July 15, 1997, from the Company to the City, D;\ANDIOO\OO] \RES\AUTHQR.DOC AUrnORlZING RESOLUTION and to be assigned by the City to the Trustee pursuant to an Assignment of Mortgage (the "Assignment of Series 1997A Mortgage"), by which the Company grants, as security for the payment of the Series 1997 A Bonds, a mortgage lien on and security interest in the Project, as mortgaged thereunder, and as more fully described therein; and (f) Assigmnent of Leases and Rents (the "Series 1997 A Assignment") dated as of July 15, 1997, from the Company to the City and to be assigned by the City to the Trustee pursuant to the Assignment of Mortgage; and (g) Subordinate Mortgage, Security Agreement and Fixture Financing Statement (the "Subordinate Mortgage"), dated as of July 15, 1997, from the Company to the City, and to be assigned by the City to the Trustee pursuant to an Assigmnent of Mortgage (the "Assignment of the Series 1997B Mortgage", and together with the Assignment of the Series 1997 A Mortgage, the "Assigmnents of Mortgage"), by which the Company grants, as security for the payment of the Series 1997B Bonds, a subordinate mortgage lien on and security interest in the Project, as mortgaged thereunder, and as more fully described therein; and (h) Subordinate Assigmnent of Leases and Rents (the "Series 1997B Assigmnent", and together with the Series 1997A Assignment, the "Assignments") dated as of July 15, 1997, from the Company to the City and to be assigned by the City to the Trustee pursuant to the Assignment of Mortgage; and (i) Bond Purchase Agreement (the "Bond Purchase Agreement"), by and between John G. Kinnard and Company Incorporated (the "Underwriter"), the Company and the City, providing for the purchase of the Bonds from the City by the Underwriter and setting the terms and conditions of purchase; and (j) a form of Limited Offering Memorandum, including all Appendices thereto describing the offering of the Series 1997 ABonds and a form of Limited Offering Memorandum, including all Appendices thereto describing the offering of the Series 1997B Bonds, and certain terms and provisions of the foregoing documents (collectively, the "Limited Offering Memoranda"). 3. Findings. It is hereby found, determined and declared that: (a) The issuance of the Bonds, the refunding of the Prior Note and the refinancing of the Project are in the interest of the City and its residents, and are hereby approved. (b) There is no litigation pending or, to the best of the Council's actual knowledge, threatened against the City questioning the City's execution and delivery of the Bonds, the Loan Agreements, the Mortgages, the Assignments of Mortgage, the Assignments, the Bond Purchase Agreement or the Indentures, questioning the due organization of the City, or the powers or authority of the City to issue the Bonds or perform the City's obligations thereunderor related to the Limited Offering Memoranda. (c) The execution, delivery and performance of the City's obligations under the Bonds, the Indentures, the Bond Purchase Agreement, the Mortgages, the D:\ANDI 00\00 I\RES\AUTIlOR.OOC AUTHORIZING RESOLUTION Assignments of Mortgage, the Assignments and the Loan Agreements do not and will not violate any order of any court or other agency of government of which the City is aware or in which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (d) The Bonds will be issued by the City upon the terms set forth in the Indentures, and the City's interests in the Loan Agreements (except for its rights to indemnity and payment of expenses and repayment of advances) will be pledged to the Trustee as security for the payment of principal of, premium, if any, and interest on the Bonds. (e) The Loan Agreements provides for payments by the Company to the Trustee for the account of the City of such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. (f) Under the provisions of the Act, and as provided in the Loan Agreements and Indentures, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreements and moneys in the funds and accounts held by the Trustee under the Indenture which are pledged to the payment thereof, the City is not subject to any liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City (other than the interest of the City in the Loan Repayments to be made by the Company under the Loan Agreements); and each Bond issued under the Indentures shall recite that such Bond, including interest thereon, shall not constitute or give rise to a charge against the general credit or taxing powers of the City. 4. Approval and Execution of Documents. The forms of Loan Agreements, Indentures, Bond Purchase Agreement, Mortgages, Assignments and Assignments of Mortgage, referred to in paragraph 2, are approved. The Bond Purchase Agreement, the Loan Agreements, the Indentures, the Mortgages and the Assignments of Mortgage are hereby authorized for execution in the name and on behalf of the City by the Mayor and the City Clerk, or executed or attested by other officers of the City, at such time, if any, as said designated officials may in their discretion deem appropriate, in substantlally the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof and then shall be delivered to the Trustee. 5. Approval of Bonds. In order to refinance the Project and refund the Prior Note, the City hereby authorizes the issuance of the Bonds as revenue bonds under the Act, in two series to be designated "City of Andover, Minnesota, Commercial Development Revenue Refunding Bonds (Downtown Center Project), Series 1997A" and "City of Andover, Minnesota, Taxable Subordinate Commercial Development Revenue Refunding Bonds (Downtown Center Project), Series 1997B" and in the aggregate principal amount not to exceed $5,645,000 and $1,250,000, respectively. The Bonds shall be dated, shall mature in the years and in the amounts, bear interest at the rates and contain the redemption and other provisions as are set forth in the respective Indentures, which terms are for this purpose incorporated in this Resolution and made D;\AND I 00\00 I\RES\AUTHOR.DOC AUTHORlZING RESOLUTION a part hereof. The Series 1997 Bonds shall contain a recital that they are issued pursuant to the Act, and, in accordance with Section 469.! 60 of the Act, such recital shall be conclusive evidence of their validity and of the regularity of their issuance. Each Series 1997 Bond shall, in accordance with Section 469.162, Subdivision 3 of the Act, recite in substance that the Series 1997 Bonds, including interest thereon, is a special, limited obligation of the City payable solely from the revenues pledged to the payment thereof. 6. Execution and Delivery of Series 1997 Bonds, The Bonds shall be executed by the manual or facsimile signatures of the Mayor and the City Clerk and the Bonds shall be delivered to the Underwriters upon payment of the purchase price therefor. The Trustee is hereby designated as authenticating agent for the Bonds pursuant to Minnesota Statutes, Section 475.55, subdivision 1. If any officers of the City who shall have signed any of the Bonds shall cease to be such officers before such Bonds shall have been actually authenticated by the Trustee or delivered by the City, such Bonds nevertheless may be authenticated, issued and delivered with the same force and effect as though the person or persons who signed such Bonds had not ceased to be such officer or officers of the City. In the absence or disability of the Mayor, City Clerk or other officer of the City named in any instrument to be executed on behalf of the City in connection with the issuance of the Bonds, the acting Mayor, City Clerk or other officer may execute such instrument. The execution of any instrument by an officer of the City shall be conclusive evidence of approval of the instrument in accordance with the terms of this Resolution. 7. Consent to Circulation of Limited Offering Memoranda. As requested by the Company and the Underwriter, the Council consents to the distribution of the Limited Offering Memoranda by the Underwriter in connection with the sale of the Bonds; provided, however, the City has not participated in the preparation of or reviewed, and will not participate in the preparation of or review, the Limited Offering Memoranda and has not made and will not make any independent investigation of the facts and statements provided therein; accordingly, the City assumes no responsibility with respect thereto, including without limitation as to matters relating to the accuracy, completeness or sufficiency of the Limited Offering Memoranda. 8. Certificates, etc. The Mayor, City Clerk, and other officers of the City are authorized to prepare and furnish to bond counsel and the purchaser of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers' custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including and heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 9. Limited Obligations The Bonds will be special limited obligations of the City payable solely from revenues derived from the Loan Agreements other than to the extent payable from the proceeds of the Bonds or the proceeds of insurance or condemnation awards with respect to the Corporation's facilities and equipment. The Bonds shall not be payable from nor a charge upon any funds of the City other than the revenues pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder or holders of such Bonds shall ever have the right to compel any exercise of the taxing power of the City to pay any such Bonds or the interest thereon, nor to enforce payment thereof against any property of the City except the revenues under the Loan Agreements pledged to payment thereof. No Bond shall constitute a debt, legal or equitable, or a general or moral obligation, of the City. D:\AND I 00\00 I \RES\AUTHQR.DOC AUTHORJZlNG RESOLUTION The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Kunza and upon vote being taken thereon, the following voted in favor thereof: Dehn, Kunza, McKelvey, Knight, Orttel and the following voted against: none whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) )SS. COUNTYOFANOKA ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota (the "City"), do hereby certify that attached hereto is a compared, true and correct copy of a resolution giving fillal approval to an issuance of refunding revenue bonds by the City on behalf of Andover Limited Partnership, a Minnesota limited partnership, duly adopted by the City Council of the City on July 15, 1997 at a regular meeting thereof duly called and held, as on file and of record in my office, which resolution has not been amended, modified or rescinded since the date thereof, and is in full force and effect as of the date hereof, and that the attached Extract of Minutes as to the adoption of such resolution is a true and accurate account of the proceedings taken in passage thereof. WITNESS My hand and the official seal of the City this 15 day of July, 1997. djL;;~/ da City Clerk (Seal) , STATE OF MINNESOTA ) )SS. COUNTYOFANOKA ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota (the "City"), do hereby certify that attached hereto is a compared, true and correct copy of a resolution giving fmal approval to an issuance of refunding revenue bonds by the City on behalf of Andover Limited Partnership, a Minnesota limited partnership, duly adopted by the City Council oflhe City on July 15, 1997 at a regular meeting thereof duly called and held, as on file and of record in my office, which resolution has not been amended, modified or rescinded since the date thereof, and is in full force and effect as of the date hereof, and that the attached Extract of Minutes as to the adoption of such resolution is a true and accurate account of the proceedings taken in passage thereof. WTINESS My hand and the official seal of the City this 15 day of July, 1997. dj';:~'1--/ (/~ City Clerk (Seal) STATE OF MINNESOTA ) )SS. COUNTY OF ANOKA ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota (the "City"), do hereby certify that attached hereto is a compared, true and correct copy of a resolution giving fmal approval to an issuance of refunding revenue bonds by the City on behalf of Andover Limited Partnership, a Minnesota limited partnership, duly adopted by the City Council of the City on July 15, 1997 at a regular meeting thereof duly called and held, as on file and of record in my office, which resolution has not been amended, modified or rescinded since the date thereof, and is in full force and effect as of the date hereof, and that the attached Extract of Minutes as to the adoption of such resolution is a true and accurate account of the proceedings taken in passage thereof. WI1NESS My hand and the official seal of the City this -1.5. day of July, 1997. (L~ (fdL City Clerk (Seal) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R165-97 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF ASHFORD DEVELOPMENT CORPORATION TO VACATE A DRAINAGE AND UTILITY EASEMENT LOCATED AT 14133 QUINCE STREET NW, LEGALLY DESCRIBED AS LOT II, BLOCK 4, CROWN POINTE EAST ADDITION (PIN 26- 32-24-44-0038) WHEREAS, Ashford Development Corporation has requested to vacate the following portion of a drainage and utility easement located at 14133 Quince Street NW, legally described as Lot II, Block 4, Crown Pointe East Addition: Commencing at the southeast comer of said Lot II; thence North 00 degrees 32 minutes 28 seconds West, assumed bearing along the east line of said Lot II a distance of21.83 feet; thence North 58 degrees 03 minutes 52 seconds West a distance of 47.42 feet to the actual point of beginning of the easement to be vacated; thence continue North 58 degrees 03 minutes 52 seconds West a distance of 65.08 feet; thence North 37 degrees 04 minutes 42 seconds West a distance of 72.69 feet; thence southwesterly along a non-tangential curve concave to the northwest having a radius of 220.17 a central angle of 03 degrees 03 minutes 32 seconds a chord that bears South 20 degrees 43 minutes 42 seconds West a distance of 11.75 feet; thence South 41 degrees 32 minutes 16 seconds East a distance of 156.16 feet; thence South 77 degrees 53 minutes 00 seconds East a distance of5.67 feet; thence North 00 degrees 32 minutes 28 seconds West a distance of33.18 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 Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested. Adopted by the City Council of the City of Andover on this 15th day of July, 1997. Page Two Resolution Vacation of Easement 97-05 Ashford Development Corp. CITY OF ANDOVER ATTEST iLL tUz, Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R166-97 A RESOLUTION DENYING THE LOT spun VARIANCE REQUEST OF T ARRI AND KEVIN STANTON PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM WIDTH AT FRONT SETBACK REQUIREMENT ON PROPERTY LOCATED AT 16030 MAKAH STREET NW (PIN 18-32-24-31-0008). WHEREAS, Tarri and Kevin Stanton, have requested to split the northem 2.51 acres of a 5.02 acre tract pursuant to Ordinance No. 40 and to vary from the minimum lot width requirement of 300 feet of Ordinance 8, Section 6.02 by 31 feet on Parcel A, and 30 feet from Parcel at 16030 Makah Street NW legally described as Tract W, Registered Land Survey No. 72. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria for granting a lot split under Ordinance No. 40 or variance under Ordinance 8, Section 5.04. 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 neighborhood opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Conncil denial 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 denies the lot split\variance on said property for the following reasons: I. Opposition from neighboring land owners. 2. Lack of a hardship. 3. The unique and probable devaluation of other homes in the area. 4. Ownership status of the property. Page Two LSIV AR 97-05 16030 Makah Street NW July 15, 1997 Adopted by the City Council of the City of Andover on this 15th day of July, 1997. CITY OF ANDOVER ATTEST: ~ d-&/ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 167-97 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION REJECTING THE SUPPLEMENTAL FEASIBILITY REPORT OF PROJECT NO. 97-9 FOR TRUNK SANITARY SEWER & WATERMAIN IN THE FOLLOWING AREA CHESTERTON COMMONS/HAMILTON SQUARE WHEREAS, a Feasibility Report was prepared by TKDA and rejected by the City Council on the ~ day of April, 19 97 , Resolution No. 078-97 and the public hearing was waived; and WHEREAS, a Supplemental Feasibility Report has been prepared by TKDA for the improvements; and WHEREAS, such supplemental feasibility report was rejected by the City Council for an estimated cost of $ 237.300. WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 237.300 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby rejects the Supplemental Feasibility Report for Project 97-9 . 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 $ 237.300 ATTEST: d~;~ r/rtk Victoria Volk - City Clerk MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 15th day of July ,19~, with Councilmembers Orttel. Dehn. McKelvey. Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER a1 !K~~{:, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 168-97 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION RECEIVING THE SUPPLEMENTAL FEASIBILITY REPORT OF PROJECT NO. 97-8 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA CHESTERTON COMMONS WHEREAS, a Feasibility Report was prepared by McCombs Frank Roos Associates Inc. and accepted by the City Council on the 24th day of June, 19 97, Resolution No. 154-97 and the public hearing was waived; and WHEREAS, a Supplemental Feasibility Report has been prepared by McCombs Frank Roos Associates. Inc. for the improvements; and WHEREAS, the City Council approves the feasibility report as presented and as modified July 11, 1997, subject to obtaining of the right-of-way necessary off site for the trunk utility easements as shown on the southern portion of the property; and WHEREAS, such supplemental feasibility report was received by the City Council for an estimated cost of $2.521.350 (3 phases) with an estimated first phase cost of $815.750. WHEREAS, such report declared the proposed improvement to be feasible for an estirnated cost of $ 2.521.350 (3 phases) with an estimated first phase cost of $815.750. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Supplemental Feasibility Report for Project 97-8 . 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 $2.521.350 (3 phases) with an estimated first phase cost of $815.750. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 15th day of July , 19~, with Councilmembers Orttel. Kunza. McKelvey. Knight voting in favor of the resolution, and Councilmembers Dehn voting against, whereupon said resolution was declared passed. ATTEST: J+--. .f4~J-I !/dL1 Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 169-97 MOTION by Councilmember Orttel 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. 97-26 FOR SANITARY SEWER. WATERMAIN STREET AND STORM SEWER IN THE FOLLOWING AREA HAMILTON SQUARE WHEREAS, the City Council did on the 24th day of June , 19 97 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by McCombs Frank Roos Associates Inc. and presented to the Council on the 24th day of June, 19 97 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council approves the feasibility report as presented and as modified July 11, 1997, subject to obtaining of the right-of-way necessary off site for the trunk utility easements as shown on the southern portion of the property; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 648 310 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total project cost of improvements of $ 648.310 and waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of_ McCombs Frank Roos Associates Inc. 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 $ 97.250 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 15th day of July ,19---.9,L, with Councilmembers Orttel Kunza. McKelvey. Knight voting in favor of the resolution, and Councilmembers Dehn voting against, whereupon said resolution was declared passed. ATTEST: l- f, ~/y/ Uwt;.;;-> (;"..U/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 170-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-6 ,IN THE AREA OF SHADOWBROOK 2ND ADDITION FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to Resolution No. 060-97 ,adopted by the City Council on the 18th day of March ,19~, TKDA has prepared final plans and specifications for Project 97-6 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 15th day of July , 19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00AM, August14 ,1997 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 15th day of July , 19 97 , with Councilmembers Dehn. Orttel. McKelvey. Knight. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: y, t: >>;v~d~ V1.E. McKelvey - Mayor tL~ (/;-!L Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 171-97 MOTION by Councilmember McKelvey to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 96-15 FOR BID CATEGORY NO. #2 IN THE AREA OF PUBLIC WORKS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 108-97 . dated May 20 ,1997, bids were received, opened and tabulated according to law with results as follows: Bid Category #2A - Earthwork Bid Category #2B - Site Concrete & Asphalt Bid Category #4A - Concrete & Masonry Bid Category #6A - General Construction Bid Category #7 - Roofing Bid Category #8A - Alum. Windows, etc. Bid Category #9 - Gypsum Board Systems Bid Category #9B - Tilework Bid Category #9C - Accoustical Lay-In Ceilings Bid Category #9D - Flooring Bid Category #9E - Painting Bid Category #15 - Mechanical Bid Category #16 - Electrical Contractor Bid Amount! Award Amount Julian M. Johnson Const. $102,632 Martens-Brenny Const. $462,157 Martens-Brenny Const. $(Inc. Above) Martens-Brenny Const. $(Inc. Above) Roof Right, Inc. $106,646 Gateway/Acg, Inc. $ 14,036 Minuti Ogle Company $ 27,700 Grazzini Brothers Co. $ 15,920 Jannings Acoustics $ 5,977 St. Paul Un. & Carpet $ 8,378 Wasche Comm. Finishes $ 18,325 Gorham-Oien Mech. $332,000 Reliance Electirc, Inc. $121,288 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate .the above noted contractors as being the apparent low bidders BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with the above noted contractors in the amount of the above noted amounts 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 bidders and the next lowest bidders shall be retained until the contracts have been executed and bond requirements met. MOTION seconded by Councilmember Knight and adopted by the City Council at a special meeting this 16th day of July, 19J!L, with Councilmembers McKelvey. Knight. Orttel. Dehn (absent. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER d. ~. )J}v~~ tI.J.E. McKelvey - Mayor/, ATTEST: , )J-" / -:f,/// Il.", 4-n.44 IIV'~- Victoria Volk - City Clerk ) 356761.1 RESOLUTION NO. 172-q7 REVENUE BOND RESOLUTION $2,350,000 PUBLIC PROJECT REVENUE BONDS OF 1997 (CITY OF ANDOVER, LEASE PURCHASE PROJECT) ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ANDOVER ADOPTED: August 5, 1997 TABLE OF CONTENTS ) Paqe ARTICLE ONE - DEFINITIONS, EXHIBITS, LEGAL AUTHORIZATION AND FINDINGS Definitions . . . . Exhibits . . . . . . Legal Authorization Findings . 1-l. 1-2. 1-3. 1-4. 1 1 5 5 6 ARTICLE TWO - BONDS . 2-1. Authorized Amount and Form of Bonds 2-2. Initial Issue . . . . .. .... 2-3. Execution . . . . . . . . . . . . . 2-4. Delivery of Initial Issue . . . . . 2-5. Issuance of Additional Parity Bonds 2-6. Mutilated, Lost or Destroyed Bonds. 2-7. Ownership of Bonds. . . . . . . . . 2-8. Delivery of Temporary Bond. . . . . 2-9. Registration, Transfer and Exchange of Bonds 2-10. Interest Rights Preserved; Dating of Registered Bonds . . . . . . . . . . Other Revenue Bonds . . . Book-Entry Only System . . Termination of Book-Entry Only System Continuing Disclosure 8 8 18 18 19 19 20 21 21 21 2-11. 2-12. 2-13 . 2-14. 22 22 23 24 25 ARTICLE THREE - REDEMPTION OF BONDS BEFORE MATURITY 3-1. Redemption. . . . . . . 3-2. Notice of Redemption. . 3-3. Procedure for Redemption 3-4. Cancellation. . . . . . 26 26 26 27 27 ARTICLE FOUR - GENERAL COVENANTS 28 4-1. Payment of Principal and Interest 28 4-2. Performance of and Authority for Covenants 28 4-3. Title and Instruments of Further Assurance 28 4-4. Taxes, Assessments and Charges 29 4-5. Maintenance and Repair 29 4-6. Recording and Filing 29 4-7. Books and Records 29 4 - 8. Names of Bondholders' . 30 4-9. Nature of Security. . 30 4-10. Disposition of Pledged Funds 30 4-11. Enforcement of Covenants. . 31 4-12. Covenant to Lease, Sell and Operate 33 4-13. Acceleration. . . . . . . . . . . . 33 4-14. Tax Exempt Status of Bonds; No Designation of QTEO . . . . . . . . . . . . . . 34 4-15. Conditions to Authority Action. ..... 34 356761.1 , I , ARTICLE FIVE - FUNDS AND ACCOUNTS . 5-1. Deposit of Bond Proceeds 5-2. Intentionally Omitted 5-3. Intentionally Omitted 5-4. Intentionally Omitted 5-5. Intentionally Omitted 5-6. Bond Fund . . . . . . 5-7. Intentionally Omitted 5-8. Intentionally Omitted. 5-9. Deposit of Funds with Paying Agent 5-10. Priority of Payment and Application of Moneys 35 35 35 35 35 35 35 36 36 36 36 ARTICLE SIX - POSSESSION, USE AND RELEASE OF PROPERTY 39 6-1. Possession and Use. . . . . . . . . . 39 6-2. Easement for Access or Utility Service 39 6-3. Release of Encumbered Equipment 39 6-4. Release of Unimproved Land 40 ARTICLE SEVEN - INVESTMENTS . . . . 41 7-1. Investments by AUTHORITY 41 7-2. Return on Investments 41 ARTICLE EIGHT - DISCHARGE OF OBLIGATIONS TO BONDHOLDERS 42 8-1. Conditions of Discharge . . . . . . . . . . 42 8-2. Payment of Bonds . . . . . . . . . . . . . . 42 8-3. Cancellation of Surrendered Bonds and Coupons 43 ARTICLE NINE - SUPPLEMENTAL AND AMENDATORY RESOLUTIONS 44 9-1. Supplemental and Amendatory Resolutions Not Requiring Consent of Bondholders . . . . . . 44 9-2. Supplemental and Amendatory Resolutions Requiring Consent of Bondholders 44 ARTICLE TEN - AMENDMENT TO LEASE 46 10-1. Amendments Without Bondholder Consent 46 10-2. Amendments Requiring Bondholder Consent 46 ARTICLE ELEVEN - MISCELLANEOUS 48 11-1. Consent of Bondholders 48 11-2. Notice of Amendments 48 11-3. Severability . . . . . 49 11-4. Authentication of'Transcript 49 11-5. Limitation of Liability. . . 49 11-6. Registration of Bond Resolution 49 11-7. Approval of Lessee . . . . . . 50 11-8. Authorization to Execute Lease and Incidental Documents . . . . . . . . . . . . . . . . . . 50 SIGNATURES . . . . . . . . . . . . . . . . . . . . . . . . . 46 EXHIBITS 356761.1 REVENUE BOND RESOLUTION ) BE IT RESOLVED by the Economic Development Authority of the City of Andover: ARTICLE ONE DEFINITIONS, EXHIBITS, LEGAL AUTHORIZATION AND FINDINGS 1-1. Definitions. The term used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms defined in the Lease shall have the same meanings when used herein as assigned to them in the Lease unless the context or use thereof indicates another or different meaning or intent. Act: collectively the Issuer Powers Act and the Lessee Powers Act as amended from time to time. Additional Bonds: any additional Bonds issued pursuant to the terms and conditions of Section 2-5 hereof. Authenticatinq Aqent: the Paying Agent. AUTHORITY: the Economic Development Authority of the City of Andover and any successor public entity. Beneficial Owner: means the person for which a DTC Participant holds an interest in the Bonds as shown on the books and records of the DTC Participant. Bond Closinq: the date on which there is delivery of and payment for the Bonds. Bond Counsel: the firm of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, or any other attorney designated by the AUTHORITY duly admitted to practice law before the highest court of any state and nationally recognized in the field of municipal finance, and any opinion of Bond Counsel shall be a written' opinion of such Counsel. Bond Fund: the Bond Fund created under Section 5-6 hereof. Bond Reqister: the register maintained by the Bond Registrar pursuant to Section 2-9. ) 356761.1 Bond Reqistrar: First Trust National Association, in St. Paul, Minnesota and any duly appointed successor Bond Registrar. Bondholder: any Holder of a Bond. Bonds: the Public Project Revenue Bonds of 1997 (City of Andover Lease Purchase Project). Business Day: any day other than a Saturday, Sunday, legal holiday or a day on which banking institutions in the City were the principal office of the Paying Agent is located are authorized by law or executive order to close. Cede & Co.: means, initially, Cede & Co., as nominee of DTC and any successor or subsequent such nominee designated by DTC respecting DTC's functions as book-entry depository for the Bonds. Condemnation: requisition or taking by governmental authority or by a person, firm or corporation acting under governmental authority and a conveyance made under threat of Condemnation provided such conveyance is made with the approval of the AUTHORITY, which approval shall not be unreasonably withheld, and Condemnation award shall include payment for property taken or requisitioned or conveyed under threat of Condemnation. Count v Recorder: the County Recorder for Anoka County. DTC: means Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, or any successor book-entry securities depository for the Bonds appointed pursuant to Section 2.12. DTC Participant: means those broker-dealers, banks and other financial institutions from time to time for which DTC holds Bonds or Securities as depository. Financial Journal: Northwestern Financial Review or any other newspaper or journal devoted to financial news circulated in the English language in Min~eapolis and St. Paul, Minnesota. Ground Lease: the Ground Lease Agreement dated as of September 1, 1997 between the Lessee as Lessor, and the AUTHORITY as lessee, whereby the Lessee leases the Land to the AUTHORITY. Holder: the person in whose name any Bond is registered, as shown on the Bond Register maintained by the Bond Registrar. 356761.1 2 . r Independent: any person who is not a full time employee of the AUTHORITY or the Lessee. Independent Accountant: a certified public accountant or firm of certified public accountants registered, Independent and qualified to practice as such under the laws of Minnesota, and not regularly employed by the AUTHORITY or the Lessee except to perform independent audits of the books and records of either or both of them or to make other similar periodic reviews. Independent Counsel: an attorney or firm of attorneys designated by the AUTHORITY, Independent and duly admitted to practice law before the highest court of any state. Independent Enaineer: an architect or engineer or architectural or engineering firm designated by the AUTHORITY, Independent, and registered and qualified to practice such profession under the laws of Minnesota. Internal Revenue Code: the Internal Revenue Code of 1986, as amended. Issuer Powers Act: Minnesota Statutes, Section 469.090 through 469.108, as from time to time amended. Land: the parcel or parcels or other interests in real estate leased to the AUTHORITY under the Ground Lease and described in Exhibit A to the Lease. Lease: the Lease with Option to Purchase Agreement dated September 1, 1997, whereby the AUTHORITY proposes to lease, or sublease as to the Land, the Project to the Lessee, a form of which Lease is on file in the office of the AUTHORITY. Lease Pavrnents: Rental Payments payable to the AUTHORITY under Section 5.1 of the Lease. Lessee: the City of Andover, Minnesota, or any successor to its functions. Lessee Powers Act: Minnesota Statutes, Section 469.041 and 465.71, as from time to time amended. Net Proceeds: with respect to any property insurance pay- ment or Condemnation award, the amount remaining after deduction of all expenses reasonably incurred by the AUTHORITY in the collection thereof, including but not limited to attorneys' fees, witness fees and any extraordinary expenses of the AUTHORITY. \ 356761.1 3 ) Net Revenues: all sums realized from the operation of all or any part of the Project by the AUTHORITY after deducting all necessary reasonable current costs of operation of the Project incurred by the AUTHORITY determined in accordance with accepted accounting practice, including, but without limitation, administrative expenses incurred solely with respect to the operation of the Project; current maintenance and repairs necessary to maintain the project in adequate repair and operating condition; labor and the cost of material and supplies necessarily used for such current operation, maintenance and repairs; insurance of the premises against risks and in amounts for which insurance is usually carried by prudent owners of like properties, including but not limited to insurance required by the Lease; insurance of the AUTHORITY and its officers and employees against liability for damage to persons and property incurred in connection with such operation, in amounts such as are usually carried by prudent operators of similar enterprises, or in lesser amounts to which AUTHORITY's liability may be limited by law; and charges for the accumulation of appropriate reserves for the payment of operating costs which recur periodically but in varying amounts. The operating costs of the Project shall also include the cost of any renewal, replacement or improvement of or additions to capital assets incurred by the AUTHORITY to facilitate the lease, sale or other disposition of the Project after any termination of the Lease. The operating costs of the Project shall not, however, include any allowance of payment for depreciation; any portion of the salary or wages paid to any officer or employee of the AUTHORITY, except such portion as represents reasonable compensation for the performance of duties necessary exclusively for the operation of such Project, and not for other operations of the AUTHORITY; or any liability incurred by the AUTHORITY or any officer or employee for damage to persons or property, in excess of the amount of such liability compensated by insurance. The Net Revenues from the operation of the Project constitute all of the revenues from time to time received from the operation of the Project, including any improvements thereto, in excess of said operating costs incurred and payable or to become payable within one month and any reasonable reserve therefor. In addition Net Revenues shall include all sums realized from the sale of all or any part of the Project after deducting all necessary reasonable costs of the sale incurred by the AUTHORITY. Outstandinq: used as any particular time with reference to Bonds, means all Bonds theretofore executed and. delivered by the AUTHORITY under this Resolution except: (i) Bonds theretofore canceled by the AUTHORITY or surrendered to the AUTHORITY for cancellation; (ii) Bonds fully paid or otherwise discharged under Article Eight hereof; and (iii) Bonds in lieu of or in substitution for which other Bonds shall have been executed and ) 356761.1 4 ) delivered by the AUTHORITY pursuant to the terms of Section 2-6 of the Resolution pertaining to replacement of Bonds. Pavinq Aqent: First Trust National Association, in St. Paul, Minnesota, or any other bank designated pursuant to this Resolution as the agent of the AUTHORITY to receive and disburse the principal and interest on the Bonds. Proiect Acquisition Fund: the Project Acquisition Fund described in Section 5-1. Purchaser: Juran & Moody, in St. Paul, Minnesota. Representation Letter: means such letter of representations to DTC or other documentation required by DTC as a condition to its acting as book-entry depository for the Bonds together with any replacement thereof or amendment or supplement thereto (and including any structured procedures or policies referenced therein or applicable thereto) respecting the procedures and other matters relating to DTC's role as book-entry depository for the Bonds. Reoresentative: the President of the AUTHORITY or the Mayor of the Lessee, or any other person at any time designated to act on behalf of the AUTHORITY or the Lessee as the case may be, as evidenced by a written certificate furnished to the other party containing a specimen signature of such person and signed for the AUTHORITY by its President or for the Lessee by its Mayor. Resolution: this resolution of the AUTHORITY. All references in this Resolution to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and subdivisions of this instrument as originally executed. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivision. 1-2. Exhibits. The following Exhibits are attached to and by reference made a part of this Resolution: (1) Exhibit A: legal description of the Land; and (2) Exhibit B: description of equipment to be included in the Project. 1-3. Leqal Authorization. 356761.1 5 ) The AUTHORITY is a body corporate and politic organized and existing under the Issuer Power Act, and is authorized under said laws to initiate the Project herein referred to, and to issue and sell bonds for that purpose in the manner and upon the terms and conditions set forth in the Issuer Power Act, and in this Resolution. 1-4. Findinqs. The AUTHORITY has heretofore determined, and does hereby determine, as follows: (1) the AUTHORITY is authorized by the Issuer Powers Act to acquire the Land for the public purposes expressed in the Issues Powers Act, provided for installation and construction of the Project Equipment and Improvements therefor and to lease, or as for the Land sublease, the Project upon the terms set forth thereon. (2) the AUTHORITY has made the necessary arrangements with the Lessee, for the establishment within the City of Andover, Minnesota of a Project consisting of property to be used as a public works building, all as more fully described in the Lease and which will be of the character and accomplish the purposes provided by the Issuer Powers Act; and the AUTHORITY has by this Resolution authorized the Project and execution of the Lease, specifying the terms and conditions of the acquisition, installation, improvement and construction of the Project and of the leasing or, as for the Land, subleasing of the same to the Lessee; (3) in authorizing the Project the AUTHORITY's purpose is, and in its judgment the effect thereof will be, to promote the public welfare by providing publicly owned facilities required for governmental services needed for: the attraction, encouragement and development of economically sound industry so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the development of industry to use the available resources of the community in order to retain the benefit of the community's existing invest- ment in educational and public,service facilities and to halt the movement of talented, educated personnel of mature age to other areas, thus preserving the economic and human resources needed as a base for providing governmental services and facilities; the provision of accessible employment opportunities for residents in the area; and the expansion of an adequate tax base of the City of Andover to finance the increase in the amount and cost of governmental services, including educational services for the School District of the City; 356761.1 6 ~ (4) the amount estimated to be necessary to finance the Cost of the Project will require the issuance, sale and delivery of Bonds in the aggregate principal amount of $2,350,000 as hereinafter provided; (5) it is desirable, feasible and consistent with the objects and purposes of the Issuer Powers Act to issue the Bonds, for the purpose of acquiring, constructing, improving and installing the Project; (6) the Bonds and the interest thereon do not constitute an indebtedness of the AUTHORITY or the City of Andover within the meaning of any constitutional or statutory limitation and do not constitute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the AUTHORITY or the City and neither the faith and credit nor the taxing powers of the AUTHORITY or the City is pledged for the payment of the Bonds or interest thereon; and (7) the Purchaser has offered to purchase said Bonds in accordance with the terms and conditions of this Resolution. ) 356761.1 7 ARTICLE TWO , ) BONDS 2-1. Authorized Amount and Form of Bonds. Bonds issued pursuant to this Resolution shall be in substantially the form set forth herein, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions of this Article, and the total principal amount of Bonds that may be outstanding hereunder is expressly limited to $2,350,000 unless Additional Bonds are authorized as provided in 2-5 or duplicate Bonds are issued pursuant to Section 2-6. Said Bonds shall be in substantially the following form: 356761.1 8 [FORM OF BOND] ) UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF ANOKA ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ANDOVER No. R - $ Public Project Revenue Bond of 1997 (City of Andover Lease With Option to Purchase Project) Rate Maturitv Date of Oriainal Issue CUSIP September 1, 1997 The ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF ANDOVER a public body corporate and politic and a political subdivision in the County of Anoka and State of Minnesota (the "Authority"), for value received, hereby promises to pay, but only from its 1997 Public Project Revenue Bond Fund (the "Bond Fund"), to or registered assigns, the principal sum of dollars ($ on the maturity date specified above upon the presentation and surrender hereof, and to pay to the registered owner hereof interest on such principal sum from such Bond Fund at the interest rate specified above from September 1, 1997, or the most recent interest payment date to which interest has been paid or duly provided for, as specified below, commencing on December 1, 1997 and semiannually thereafter on June 1 and December 1 of each year until said principal sum is paid. Principal and interest are payable in lawful money of the United States of America at the office of First Trust National Association, in St. Paul, Minnesota, as Paying Agent and Bond Register or any successor named pursuant to the terms of the Bond Resolution hereinafter described. Interest shall be paid on each June 1 and December 1 interest payment date by check' or draft mailed to the person in whose name this Bond is registered at the close of business on the preceding May 15 and November 15 (whether or not a business day) at the address set forth on the registration books maintained by the Bond Registrar. Any such interest not punctually paid or provided for will cease to be payable on such regular record dates and such defaulted interest may be paid to the person in whose name this Bond shall be registered at the close of business on a special record date for the payment of I 356761.1 9 , ) such defaulted interest established by the Authority pursuant to the Bond Resolution. So long as this Bond is immobilized in global book-entry form registered in the name of the nominee of DTC, as defined in the Bond Resolution payments of principal of, premium, if any, and interest on this Bond shall be made as provided in the Representation Letter, as defined in the Bond Resolution and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond or for optional or mandatory purchases of this Bond or portions thereof. Until termination of the book-entry only system pursuant to the Bond Resolution, Bonds may be registered only in the name of DTC or its nominee, and notwithstanding express provisions of this Bond providing other or contrary results, the Representation Letter (which includes the applicable practices and procedures of DTC) shall apply to this Bond. ADDITIONAL PROVISIONS OF THIS BOND ARE CONTAINED ON THE REVERSE HEREOF AND SUCH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH AT THIS PLACE. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that the Authority has duly created said Bond Fund and has pledged and appropriated thereto certain rentals from the Project referred to in the Lease hereinafter defined; that it will promptly give all notices and do all other acts and things required under the terms of said Lease for the performance of its obligations and for the enforcement of all obligations of the Lessee and for the collection of all rentals when due; that this Bond is secured by a pledge of and first lien upon said rentals from said Project as more fully provided in the Bond Resolution authorizing these Bonds and the Lease, and no additional revenue bonds or other obligations will be issued and made payable from such rentals and Net Revenues on a parity herewith except as specifically provided in the aforesaid Resolution; that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed in order to make this Bond a valid and binding special obligation of the Authority according to its terms have been done, do exist, have happened and have been performed in regular and due form, time and manner as so required; and.that the issuance of this Bond does not cause the special or general indebtedness of the Authority to exceed any constitutional or statutory limitation. , t 356761.1 10 ) ) IN WITNESS WHEREOF, the Economic Development Authority of the City of Andover has caused this Bond to be executed on its behalf by the facsimile signatures of its President and Secretary, authenticated by the manual signature of a representative of First Trust National Association, as Authenticating Agent, the seal of the Authority having been intentionally omitted as permitted by law and has caused this Bond to be dated as of September 1, 1997. Facsimile President Facsimile Secretary Attest: FIRST TRUST NATIONAL ASSOCIATION St. Paul, Minnesota as Authenticating Agent 356761.1 11 \ [FORM OF REVERSE OF THE BONDI Bonds maturing on December 1, 2005 and thereafter are subject to redemption and prepayment, in whole or in part, and if in part, of any maturity designated by the Lessee and by lot within a maturity, and in integral multiples of principal amount of $5,000, at the option of the Authority acting at the direction of the Lessee, on December 1, 2004 and on any interest payment date thereafter at a redemption price equal to par plus accrued interest. If (a) all or any part of the Project is lost, stolen, condemned, destroyed or damaged beyond repair, (b) Lessee fails to notify the Authority of which course of action Lessee plans to take as required under Section 6.6 of the Lease and (c) Lessee pays to the Authority a sum equal to the Casualty Value of the Project under Section 6.6 of the Lease, on the first day of the month next succeeding such payment before which month timely notice of redemption can be given under Section 3-2 of the Bond Resolution, all Bonds shall be called for and are subject to redemption and prepayment in whole and not in part, at a redemption price equal to par plus accrued interest. If an Event of Default should occur and subsist under the Lease or if the Lease should be terminated on account of a Non-appropriation pursuant to Section 4.1 of the Lease, all Bonds then outstanding may, at the option of the Authority, become or be declared due and payable before the stated maturity thereof, together with interest accrued thereon, all as provided in the Bond Resolution. Prior to the date on which any Bond or Bonds are directed by the Authority to be redeemed in advance of maturity, the Authority will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Paying Agent and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if I 356761.1 12 '. '\ the Authority or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Authority and Bond Registrar duly executed by the Holder thereof or his, her or its attorney duly authorized in writing) and the Authority shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. This Bond is one of an issue in the aggregate principal amount of $2,350,000, all of like date of original issue and tenor, except as to number, interest rate, maturity, denomination and redemption privilege, issued in accordance with an authorizing resolution (the "Bond Resolution") duly adopted by the Authority, setting forth the terms upon which such Bonds are issued and describing the security therefor, to which Bond Resolution reference is made for a full description of such terms, conditions and security. The Bonds of this series are issued by the Authority for the purpose of financing a project (the "Project") consisting of the construction and acquisition of a building or buildings, improvements and equipment thereon (hereinafter called Project) pursuant to Minnesota Statutes, Sections 469.090 through 469.108 including the payment of all expenses incidental thereto, and the leasing of the Project under the provisions of a Lease With Option to Purchase Agreement (the "Lease") between the Authority and the City of Andover (the "Lessee"), dated September 1, 1997. The Bonds of this series are equally and ratably secured by the Bond Resolution, and reference is made to the Lease and Bond Resolution and amendments thereof for a description of the revenues pledged to secure the payment of the Bonds, the nature and extent of the security thereby created, the rights of the registered owners of the Bonds, the rights, duties, immunities and obligations of the Authority and the rights, duties and obligations of the Lessee. The obligation of the Lessee under the Lease to make Rental Payments sufficient to pay the principal of and interest on the Bonds when due is a binding and enforceable obligation of the Lessee, but is subject to a right to terminate the Lease at the end of any fiscal year during its term, as more fully provided in the Lease. This Bond and the series of which it forms a part, are issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, and pursuant to the Bond Resolution adopted and approved by the Authority, which resolutions authorized the Project and the issuance of these 356761.1 13 " ! Bonds as special obligations payable solely from revenues derived by the Authority from the Project. Rental Payments are to be paid to the Authority and credited to the Bond Fund as a special trust fund account created by the Authority and have been and are hereby pledged for that purpose. No Additional Bonds, payable from the Bond Fund may be issued on a parity with the Bonds of this issue except as provided in the Bond Resolution. The Bonds do not constitute an indebtedness of the Authority or the Lessee within the meaning of any constitutional provision or statutory limitation and do not constitute nor give rise to a pecuniary liability or moral obligation of the Authority or the Lessee or, to the extent permitted by law, any of their respective officers, employees and agents, nor a charge against their general credit or taxing powers of the Authority or the Lessee; and neither the full faith and credit nor the taxing powers of the Authority or the Lessee is pledged for the payment of the Bonds or interest thereon. No holder of any Bond issued under the Bond Resolution shall have the right to institute any proceedings, judicial or otherwise, for the enforcement of the covenants therein contained without the written concurrence of the Holders of not less than twenty-five percent (2S%) in aggregate principal amount of such Bonds which are at that time outstanding, but the Holders of such principal amount of Bonds may, either at law or in equity, by suit, action, mandamus, application for appointment of a receiver or other proceeding, protect and enforce the rights of all Holders of such Bonds, and may enforce the performance of all covenants and duties of the Authority and its officials as set forth in the Bond Resolution, including, but not limited to, the collection and proper segregation and application of all funds described in the Bond Resolution. The holders of fifty-one percent (Sl%) in principal amount of such outstanding Bonds shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Bondholders and for the exercise of any power conferred on them, and the right to waive a default in the performance of any such covenant, and its consequences, except a default in the payment of the principal of or interest on any Bond when due or required to be redeemed. However, nothing herein shall impair the absolute and uncondi- tional right of the Holder of each such Bond to receive payment of the principal thereof and interest thereon at the times, in the manner and from the sources provided in the Bond Resolution, and to institute suit for the enforcement of any such payment. This Bond has not been designated by the Authority as a "qualified tax-exempt obligation" for purposes of Section 26S(b} (3) of the Internal Revenue Code of 1986, as amended. 356761.1 14 ) ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA as custodian for (Cust) under the (Minor) Uniform (State) Transfers to Minors Act 356761.1 15 (FORM OF ASSIGNMENT) ') FOR VALUE RECEIVED, ("Transferor"), the undersigned, hereby sells, assigns and transfers unto (Social Security or Federal Employer Identification No. ) the within Bond and all rights thereunder, and hereby irrevocably constitute and appoints ("Transferee") as attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises; provided, however, that if any default with respect to the Bond shall have occurred to or to the date of this transfer, the within Bond shall not be registered and the Transferee shall be entitled to receive payment with respect to the within Bond upon presentation thereof as assignee of the Transferor. Date: NOTICE: No transfer will be registered and no new Bond will be issued in the name of the Transferee, unless the signature(s) to this assign- ment correspond(s) with the name(s) as it (they) appear(s) upon the face of the within Bond in every particular, without alteration or enlargement of any change whatever and the Social Security or Federal Employer Identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee should be supplied. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or a trust company or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 . Ad-IS (a) (2) . ) 356761.1 16 ') '\ [Use only when Bond is in Book Entry System] PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: Date 356761. 1 Amount 17 Authorized Signature of Holder 2-2. Initial Issue. ') The Bonds initially issued, in the aggregate principal amount of $2,350,000, shall be dated September 1, 1997, as the original issue date, shall be in the denomination of $5,000 each, or any integral multiple thereof (as requested by the Purchaser), and numbered consecutively from R-1 upwards and shall mature in order of bond numbers on December 1 in the years and amounts set forth below, with Bonds maturing in such years and amounts bearing interest from the original issue date until paid or discharged as herein provided at the annual rate set forth opposite such years and amounts, respectively: Rate Year Amount Rate Year Amount The Bonds shall be subject to redemption and prior payment at the times and prices and in the amounts and manner provided in Article Three. The interest on each Bond shall be payable on December 1, 1997, and semiannually thereafter on each June 1 and December 1 until the Bond is fully paid or discharged. Both principal and interest shall be payable by check or draft mailed to the Holder of such Bonds by the Bond Registrar at the last address thereof as shown on the Bond Register on the 15th day of the calendar month next preceding said interest payment date (whether or not a Business Day), or, if on any interest payment date there are insufficient funds to pay in full the interest then due on the Bonds, to the Holder as of a special record date established by the AUTHORITY. 2-3. Execution. Each Bond shall be executed on behalf of the AUTHORITY by the manual signature of the President of the AUTHORITY and by the printed, engraved or lithographed facsimile signature of the Secretary of the AUTHORITY; provided that each Bond may at the direction of the President of the AUTHORITY be attested by the manual signature of the Secretary or of a person authorized to sign on behalf of the Paying Agent, hereby designated for such purpose as authenticating agent, in which event the signature of the President on the Bond may be a facsimile signature. In the event of the disability or resignation or other absence of either such officer, the Bond may be signed by the manual or facsimile signature, as the case may be, of that officer who under the bylaws of the AUTHORITY may act in behalf of such absent or 356761.1 18 ) disabled officer. The Bonds may be sealed with the seal of the AUTHORITY; provided that the seal of the AUTHORITY may be a printed facsimile and provided further that the seal may be omitted. In case any officer whose signature shall appear on the Bonds shall cease to be such officer before delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. 2-4. Delivery of Initial Issue. Before delivery of the Bonds of this issue there shall be filed with the Secretary of the AUTHORITY the following items: (1) an original of the Lease of which shall be fully executed; (2) the opinion of counsel for the Lessee as prescribed by Bond Counsel; (3) the manually signed opinion of Bond Counsel relating to the legality and tax exempt status of the Bonds issued pursuant to this Resolution; and (4) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above; provided, however, that the President or Secretary of the AUTHORITY, with the consent of Bond Counsel, may waive the requirement that one or more of the foregoing items (except the item required in clause (3) above) be filed on or before Bond Closing upon the AUTHORITY receiving adequate assurances that such item or items will be filed with the Secretary as soon as practicable following delivery of the Bonds. 2-5. Issuance of Additional Pari tv Bonds. After the delivery of Bonds, the AUTHORITY and the Lessee may from time to time, upon the conditions stated in this Section 2-5, agree upon and approve the issuance and delivery of Additional Bonds for any purpose under the Act, including the refunding of any Bonds, payable equally and ratably from the revenues of the Project pledge~ and appropriated hereunder with the Bonds of the initial issue, but bearing such date or dates and interest rate or rates and with such maturities and redemption dates and premiums as may be agreed upon. Every series of such Additional Bonds shall be authorized by an amendment to the Lease and a supplemental bond resolution, establishing the terms thereof, providing for any additional facilities to be financed by the Additional Bonds as part of the Project, and providing for additional rents sufficient to pay the 356761.1 19 \ ; interest when due for such Additional Bonds, and to pay and redeem all such Additional Bonds at or before maturity as provided in such supplemental resolution. Each series of such Additional Bonds shall be executed, authenticated and delivered as provided in this Article Two upon filing with the AUTHORITY original executed counterparts of the supplemental resolution and the amendment to the Lease, together with such additional certificates, opinions and other documents described in Section 2-4 as Bond Counsel determines to be applicable. No such Additional Bonds, however, shall be issued unless the following conditions are met: (a) The Lease shall be in effect, and no "event of default", as such term is defined in the Lease, shall exist thereunder; and (b) The AUTHORITY shall have been furnished an op~n~on of Bond Counsel to the effect that the issuance of the Additional Bonds will not impair the tax exempt status of the interest on the Bonds; and (c) There shall have been furnished to the AUTHORITY a supplement to the Lease providing for additional payments of Lease Payments sufficient to pay the principal of and interest on the Additional Bonds when due; and (d) There shall have been furnished to the AUTHORITY a certificate of a Lessee Representative to the effect that the proceeds of the Additional Bonds, together with any additional funds supplied or to be supplied by the Lessee will be sufficient to complete the Project, the cost of the improvement or the cost of the refunding, as the case may be. 2-6. Mutilated. Lost or Destroved Bonds. In case any Bond issued hereunder shall become mutilated or be destroyed or lost, the AUTHORITY shall, if not then prohibited by law, cause to be executed and delivered, a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of such mutilated Bond if any, or in lieu of and in su~stitution for such Bond, if any, destroyed or lost upon the Holder's or owners paying the reasonable expenses and charges of the AUTHORITY in connection therewith, and in case of a Bond destroyed or lost, the filing with the AUTHORITY of evidence satisfactory to the AUTHORITY that such Bond, if any, were destroyed or lost, and of the ownership thereof, and furnishing the AUTHORITY with indemnity satisfactory to it. If the mutilated, destroyed or lost Bond has already matured or been called for redemption in accordance with its 356761.1 20 terms it shall not be necessary to issue a new Bond prior to , payment. I 2-7. OwnershiD of Bonds. The AUTHORITY and Paying Agent may deem and treat the Holder of any Bond whether or not such Bond shall be overdue, as the absolute owner of such Bond for the purpose of receiving payment thereof and for all other purposes whatsoever, and the AUTHORITY shall not be affected by any notice to the contrary. 2-8. Deliverv of TemDorarv Bond. In order to facilitate timely delivery of the Bonds, the Purchaser may elect with respect to the Bonds to receive in lieu of the definitive Bonds, as set forth in Section 2-2, a single Bond payable to the Purchaser with installments of principal and interest due as provided for the Bonds; and such single Bond shall upon request of the Purchase and the printing of the appropriate definitive Bonds be exchanged therefor and canceled. 2-9. Reaistration. Transfer and Exchanae of Bonds. (1) The AUTHORITY will cause to be kept at the principal corporate trust office of the Bond Registrar a Bond Register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the AUTHORITY shall provide for the registration of transfers of Bonds entitled to be registered or transferred as herein provided. (2) Upon surrender for transfer of any Bond at the principal corporate trust office of the Bond Registrar, the AUTHORITY shall execute, and the Authenticating Agent shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any denomination or denominations of $5,000 or any integral multiple thereof of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor. (3) All Bonds surrendered upon any transfer provided for in this Bond Resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of a directed by the AUTHORITY. (4) transfer shall evidencing the All Bonds delivered in exchange for or upon be valid special obligations of the AUTHORITY same debt, and entitled to the same benefits under \ 356761.1 21 this Bond Resolution, as the Bonds surrendered for such exchange or transfer. (5) Every Bond presented or surrendered for transfer shall (if so required by the AUTHORITY) be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the AUTHORITY and the Bond Registrar, duly executed by the Holder thereof or his attorney duly authorized in writing. (6) No service charge shall be made to the Holder for any transfer, but the AUTHORITY may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds, other than exchanges expressly provided in this Bond Resolution to be made without expense or without charge to Bondholder, and the cost of printing any new Bonds. (7) The AUTHORITY and the Bond Registrar shall not be required (i) to transfer or exchange any Bond for a period of 15 days next preceding any interest payment date, or (ii) to transfer or exchange any Bond called or being called for redemption in whole or in part. 2-10. Interest Riqhts Preserved: Datinq of Reqistered Bonds. Each Bond delivered upon transfer of any other Bond shall carryall the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond, and each such Bond shall be so dated, that neither gain nor loss in interest shall result from such transfer. Each Bond shall be dated by the Bond Registrar as of the last interest payment date preceding the date of authentication to which the Bond has been paid or made available for payment, unless the date of authentication is an interest payment date to which interest has been paid or made available for payment, in which case the Bond shall be dated as of the date of authentication. 2-11. Other Revenue Bonds. Nothing contained herein shall however prevent the issuance by the AUTHORITY at the request of the Lessee of other bonds without consent of the Bondholders for any of the purposes authorized under the Act, including any improvement to the Project, payable from revenues furnished by the Lessee but not pledged and appropriated to the Bond Fund whether or not the obligation of the Lessee to make such payments is secured by ) 356761.1 22 ) tangible property or other collateral (except for the Project and revenues derived by the AUTHORITY therefrom under the Bond Resolution), so long as such other bonds are in no way secured by any of the provisions of the Bond Resolution and an effect thereof would not be to subject the interest payable on the Bonds and any Additional Bonds to federal or state income taxes. 2-12. Book-Entrv Only SYstem. DTC will act as securities depository for the Bonds. The Bonds shall be issued in the form of a separate single fully registered bond for each separate maturity of the Bonds. Upon initial issuance the ownership of the Bonds shall be registered in the Bond Register in the name of Cede & Co., as the nominee of DTC. With respect to Bonds registered in the Bond Register in the name of Cede & Co., as nominee of DTC, neither the AUTHORITY, the Lessee nor the Bond Registrar shall have any responsibility or obligation to any DTC Participant or to any Beneficial Owner. Without limiting the immediately preceding sentence, neither the AUTHORITY, nor the Bond Registrar shall have any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co., or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant, any Beneficial Owner or any other person, other than DTC, of any notice with respect to the Bonds, including any notice of redemption, (iii) the payment to any DTC Participant, any Beneficial Owner or any other person, other than DTC, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (iv) the failure of DTC to provide any information or notification on behalf of any DTC Participant or Beneficial Owner. The AUTHORITY and the Bond Registrar may treat as and deem DTC to be the absolute owner of each Bond for the purpose of payment of the principal of and premium and interest on such Bond, for the purpose of giving notices of redemption and other matters with respect to such Bond, for the purpose of registering transfers with respect to such Bonds, and for all other purposes whatsoever (except for the giving of certain Bondholder consents). The Bond Registrar" shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the order of the Bondholders as shown on the Bond Register, and all such payments shall be valid and effective to fully satisfy and discharge the AUTHORITY's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. ) 356761.1 23 \ I Upon delivery by DTC to the Bond Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the transfer provisions in Section 2-9 hereof, references to "Cede & Co." in this Section shall refer to such new nominee of DTC. Notwithstanding the provisions of this Resolution to the contrary (including without limitation surrender of Bonds, registration thereof, and Authorized Denominations), as long as the Bonds are in book-entry form, full effect shall be given to the Representation Letter and the procedures and practices of DTC thereunder. 2-13 . Termination of Book-Entrv Only Svstem. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the AUTHORITY and discharging its responsibilities with respect thereto under applicable law. The AUTHORITY may terminate the services of DTC with respect to the Bonds if it determines that DTC is no longer able to carry out its functions as security depository as contemplated herein. Upon the termination of the services of DTC as provided in the preceding paragraph, the AUTHORITY shall take all reasonable and diligent steps as may be necessary to find an alternate book-entry depository, but if (and only if) no such substitute securities depository willing to undertake the functions of DTC hereunder can be found which, in the opinion of the AUTHORITY, is willing and able to undertake such functions upon reasonable or customary terms, then the Bonds shall no longer be restricted to being registered in the Bond Register in the name of Cede & Co., as nominee of DTC, but may be registered in whatever name or names the Bondholders shall designate at that time, in accordance with Section 2-9. To the extent that the Beneficial Owners are designated as the transferee by the Bondholders, in accordance with Section 2-9 the Bonds will be delivered in appropriate form, content and Authorized Denomination to the Beneficial Owners. Notwithstanding any other provision of this Resolution to the contrary, so long as any" Bond is registered in the name of Cede & Co., as nominee of DTC, 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, to DTC as provided in the Representation Letter. 356761.1 24 2-14. Continuinq Disclosure. ) The AUTHORITY is the issuer of the Bonds. However it is not an "obligated person" subject to the disclosure requirements un the SEC Rule 15c2-12(b) (5) (the "Rule") because financial information and operating data set forth in the Official Statement relates only to the Lessee. The Lessee shall agree, in accordance with the provisions of the Rule, promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (1) provide or cause to be provided to each nationally recognized municipal securities information repository ("NRMSIR") and to the appropriate state information depository ("SID"), if any, for the State of Minnesota, in each case as designated by the Commission in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. (2) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the SID, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (3) Provide or cause to be provided, in a timely manner, to (i) each NRMSIR or to the MSRB and (ii) the SID, notice of a failure by the AUTHORITY to provide the annual financial information with respect to the AUTHORITY described in the Undertaking. (4) The Lessee's covenants pursuant to the Rule set forth in this section and in the Undertaking are intended to be for the benefit of the holders and any other beneficial owners of the Bonds and shall be enforceable on behalf of such holders and beneficial owners; provided that the right to enforce the provisions of such covenants shall be limited to a right to obtain specific enforcement of the Lessee's obligations under the covenants. ) 356761. 1 25 ") ARTICLE THREE REDEMPTION OF BONDS BEFORE MATURITY 3-1. Redemption. (1) Optional Redemption of Bonds. Bonds maturing on December 1, 2005 and thereafter are subject to redemption and prepayment, in whole or in part, and if in part, of any maturity designated by the Lessee and by lot within a maturity, and in integral multiples of principal amount of $5,000, at the option of the AUTHORITY acting at the direction of the Lessor, on December 1, 2004 and on any interest payment date thereafter at a redemption price equal to par plus accrued interest. (2) Extraordinarv Redemption of Bonds. If (a) all or any part of the Project is lost, stolen, condemned, destroyed or damaged beyond repair, (b) Lessee fails to notify the AUTHORITY of which course of action Lessee plans to take as required under Section 6-6 of the Lease and (c) Lessee pays to the AUTHORITY a sum equal to the Casualty Value of the Project under Section 6.6 of the Lease, on the first day of the month next succeeding such payment before which month timely notice of redemption can be given under Section 3.05 hereof, all Bonds shall be called for and are subject to redemption and prepayment in a whole and not in part, at a redemption price equal to par plus accrued interest thereon to the redemption date. (3) Except as provided in this Section 3-1 or Section 4-13, the Bonds shall not be subject to redemption prior to their stated maturity date. 3-2. Notice of Redemption. Notice of the call for any redemption pursuant to Sec- tion 3-1 shall be mailed by the AUTHORITY but at the expense of the Lessee, at least 30 days but not more than 60 days prior to the redemption date, to the paying Agent and to the Bondholders, at the addresses shown on the Bond Register. Each such notice shall refer to the Bonds to be redeemed by their numbers and maturities and the date on which and the place where they shall be presented for redemption. On or before the date fixed for re- demption, funds sufficient to redeem such Bonds, including accrued interest thereon to the redemption date, shall be deposited with the Paying Agent. The Bonds thus called shall not, on or after the specified redemption date, bear interest. 356761.1 26 ) 3-3. Procedure for Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the AUTHORITY or Bond Registrar so requires, a written instrument or transfer in form satisfactory to the AUTHORITY and Bond Registrar duly executed by the holder thereof or his, her or its attorney duly authorized in writing) and the AUTHORITY shall execute (if necessary) and the Bond Registrar shall deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 3-4. Cancellation. All Bonds which have been redeemed shall be canceled by the AUTHORITY and shall not be reissued. 356761.1 27 ARTICLE FOUR ) GENERAL COVENANTS 4-1. Payment of Principal and Interest. The AUTHORITY covenants that it will promptly payor cause to be paid the principal of and interest on every Bond issued under this Resolution at the place, on the dates and in the manner provided herein and in said Bonds, according to the terms thereof. The principal and interest are payable solely from revenues derived from the Project, (including certain Bond proceeds and other sums appropriated to the Bond Fund) which revenues are hereby specifically assigned and pledged as a first and prior lien to the payment thereof for the benefit of the Holders of all Bonds and interest and any premium thereon in the manner and to the extent herein specified, and nothing in the Bonds or in this Resolution shall be considered as assigning or pledging any other funds or assets of the AUTHORITY. All sums held in the Bond Fund pursuant to this Resolution shall to the extent permitted by law be deemed property of the Holders of all Bonds, held in trust for them and subject to the terms and conditions of this Resolution, including the pledge thereof to the payment of the Bonds and interest and any premium thereon. 4-2. Performance of and Authoritv for Covenants. The AUTHORITY covenants that it will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Resolution, in any and every Bond executed, authenticated and delivered hereunder and in all proceedings of its governing body pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota including particularly and without limitation the Act, to issue the Bonds authorized hereby and to assign and pledge the revenues in the manner and to the extent herein set forth; that all action on its part for the issuance of the Bonds and for the execution and delivery thereof has been duly and effectively taken; and that the Bonds in the hands of the Holders thereof are and will be valid and enforceable special obligations of the AUTHORITY according to the terms thereof. 4-3. Title and Instruments of Further Assurance. The AUTHORITY covenants that it has not made, done, executed or suffered, and will not make, do, execute or suffer, any act or thing whereby its leasehold estate or interest in and title to the Project or any part thereof is now or at any time hereafter shall or may be impaired or charged or encumbered in any manner whatsoever except by Permitted Encumbrances. 356761.1 28 4-4. Taxes. Assessments and Charqes. ) The AUTHORITY covenants that it will promptly pay, or cause to be paid, but solely from revenues derived from the Project including payments required to be made under the Lease, all lawful taxes, assessments, imposts and governmental charges at any time levied or assessed upon or against the Project, or any part thereof; provided, however, that nothing contained in this Section shall require the payment of any such taxes, assess- ments, imposts or charges so long as the validity thereof is being contested in good faith and by appropriate legal pro- ceedings. 4-5. Maintenance and Repair. The AUTHORITY covenants that it will at all times, but solely from revenues derived from the Project including payments required to be made under the Lease, maintain, preserve and keep in good condition, repair and working order the Project or cause the same to occur. 4-6. Recordincr and Filincr. The AUTHORITY covenants that, at the expense of the Lessee, it will cause the Lease or a short form thereof and all supplements thereto, and all related financing statements, to be kept, recorded and filed in such manner and in such places as may be required by law in order to preserve and protect fully the security of the Holders and owners of the Bonds and the rights of AUTHORITY hereunder, and will cause rerecording and refiling of the Lease, each financing statement and each supplement thereto as is necessary to maintain, preserve and protect the validity of the Lease and the security of the Holders of the Bonds. 4-7. Books and Records. The AUTHORITY covenants that, at the expense of the Lessee, so long as any Bonds issued hereunder shall be Outstanding and unpaid the AUTHORITY will keep, or cause to be kept, proper books of record and account, in which full, true and correct entries will be made of all its financial dealings or transactions of and in relation to the Project and the revenues derived by the AUTHORITY therefrom. Such books and records shall be open to inspection and copying at all reasonable times by the Holder of any Bond or his agent or attorney. The AUTHORITY will cause said books and records to be audited annually by an Independent Accountant, within 150 days after the close of each fiscal year, and will upon request furnish a copy of such audit without cost to the original purchasers of any issue of Bonds or Additional Bonds. 356761.1 29 ) 4-8. Names of Bondholders. At reasonable times and under reasonable regulations established by the AUTHORITY, the Bond Register may be inspected and copied by Holders (or a designated representative thereof) of ten percent (10%) or more in principal amount of Bonds then Outstanding hereunder, such authority of any designated representative to be evidenced to the satisfaction of the AUTHORITY. 4-9. Nature of Security. Under the provisions of the Act the Bonds may not be payable from or be a charge upon any funds of the AUTHORITY other than the revenues pledged to the payment thereof, nor shall the AUTHORITY be subject to any liability thereon, nor shall the Bonds otherwise contribute or give rise to a pecuniary liability of the AUTHORITY or the Lessee or, to the extent permitted by law, any of their respective officers, employees and agents. No Holder or Holders of the Bonds shall ever have the right to compel any exercise of the taxing power of the AUTHORITY or the Lessee to pay any Bonds or the interest thereon, or to enforce payment thereof against any property of the AUTHORITY other than the revenues derived from the Project. The Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the AUTHORITY or the Lessee other than the revenues derived from the Project, and no Bond shall constitute a debt of the AUTHORITY or the Lessee within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of Holders of Bonds issued under this Resolution to enforce the covenants made for the security thereof as provided in this Resolution and in the Act, and by authority of the Act the AUTHORITY has made the covenants and agreements herein for the equal and proportionate benefit of all Holders of the Bonds in the manner and to the extent permitted in Section 5-10. 4-10. Disposition of Pledoed Funds. The AUTHORITY covenants that it will cause Lease Payments and all other revenue$ pledged to the payment of the Bonds to be accounted for and expended only as prescribed in this Resolution, and will at all times maintain complete and accurate books of record and account showing all receipts and expenditures thereof and the segregation of such rentals and other sums in the funds herein provided, and will at no time loan, invest, use or apply such funds in any manner or for any purpose other than as specifically prescribed and permitted in this Resolution. 356761.1 30 ) ) 4-11. Enforcement of Covenants. Subject to the provisions in Section 4-15: (1) The AUTHORITY agrees to enforce all covenants and obligations of the Lessee under the Lease and to that end exercise all of the AUTHORITY's rights in connection therewith, to the extent and in the manner that the AUTHORITY reasonably determines is prudent and necessary to assure performance of such covenants and obligations and to protect the interests of the Bondholders; provided however that the AUTHORITY shall have the right, with or without Bondholders consent at its sole discretion, to waive a default in the performance of any such covenant or obligation, and its consequences, to the extent and in the manner provided in Section 4-ll(3). (2) No Holder of any Bond issued under this Resolution shall have the right to institute any proceeding, judicial or otherwise, for the enforcement of the covenants herein contained, without the written concurrence of the Holders of not less than twenty-five percent (25%) in aggregate principal amount of Outstanding Bonds but the Holders of this principal amount of Bonds may, either at law or in equity, by suit, action, mandamus, application for appointment of a receiver or other proceeding, protect and enforce the rights of all Holders of such Bonds, and may enforce the performance of all covenants and duties of the AUTHORITY and its officials as set forth in this Resolution, including but not limited to the collection and proper segregation and application of all funds herein described. The Holders of not less than fifty-one percent (51%) in aggregate principal amount of Outstanding Bonds shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Bondholders and for the exercise of any power conferred on them, and the right to waive a default in the performance of any such covenant, and its consequences, except a default in the payment of the principal of or interest on any Bond when due or required to be redeemed. However, nothing herein shall impair the absolute and unconditional right of the Holder of each such Bond to receive payment of the principal thereof and interest thereon at the times provided in this Resolution, and to institute suit for the enforcement of any such payment except to the extent that the AUTHORITY shall have the right to accelerate payment of the Bonds as provided in Section 4-13 hereof. (3) The AUTHORITY may in its discretion waive any Event of Default under the Lease and its consequences and rescind any declaration of maturity of principal under Section 4-13, and shall do so upon written request of the Holders of (1) fifty-one percent (51%) in aggregate principal amount of all the Bonds 356761.1 3l ) Outstanding in respect of which default in the payment of principal and/or interest exists, or (2) fifty-one percent (51%) in aggregate principal amount of all the Bonds then Outstanding in the case of any other Event of Default; provided, however, that there shall not be waived any Event of Default in the payment of Lease Payments, unless prior to such waiver or rescission (al all arrears of Lease Payments with interest equal to at least the amount by which such Lease Payments is less than total amount of unpaid debt service due on the" Bonds and (b) all expenses of the AUTHORITY and Paying Agent, in connection with such default shall have been paid or provided for and in case of any such waiver or rescission or in case any proceeding taken by the AUTHORITY on account of any such default shall have been discontinued or abandoned or determined adversely then and in every such case the AUTHORITY and the Bondholders shall be restored to their former positions and rights hereunder re- spectively, but no such waiver or rescission shall extend to any subsequent or other Event of Default, or impair any right consequent thereon. (4) If an Event of Default should occur under the Lease, all moneys received by the AUTHORITY pursuant to any right given or action taken under the provisions of this Section 4-11 or the Lease shall, after payment of the cost and expenses of the proceedings resulting in the collection of such moneys and of the expenses, liabilities and advances incurred or made by the AUTHORITY in connection therewith and any other sums due the AUTHORITY under the Lease (other than any interest due on delinquent Lease Payments), be deposited in the Bond Fund or the Project Acquisition Fund, as appropriate. (5) The AUTHORITY and any Paying Agent shall be entitled to payment and/or reimbursement for all advances, counsel fees and other expenses reasonably and necessarily made or incurred in and about the execution of the trusts created by this Resolution and in and about the exercise and performance of the powers and duties of the AUTHORITY hereunder and for the reasonable and necessary costs and expenses incurred in defending any liability in the premises of any character whatsoever (unless such liability is adjudicated to have resulted from the negligence or willful default of the AUTHORITY). The Paying Agent shall also be entitled to a reasonable fee for services hereunder. In this regard the AUTHORITY has made provisions in the Lease for the payment of said fees, advances, counsel fees, costs and expenses and reference is hereby made to said Lease for the provisions so made. Upon an Event of Default under the Lease, but only upon such an Event of Default and failure of Lessee to make timely payments under the Lease, the AUTHORITY shall have a lien with right of payment prior to the lien herein created for the benefit of the Bondholders on all revenues derived from the Project by 356761.1 32 I the AUTHORITY including Lease Payments for said fees, advances, ) counsel fees, costs and expenses incurred by it. (6) The AUTHORITY shall give to the Holders of the Bonds of any Event of Default under the Lease known to the AUTHORITY or termination of the Lease under Section 4.1 of the Lease, within ninety (90) days after such event unless such default shall have been cured before the giving of such notice; provided that such notice shall be given within ten (10) days if the event is either (i) a failure to pay when due any Lease Payments and to cure the same before giving such notice or (ii) termination of the Lease under Section 4.1 thereof; and provided further that, except in the case of default in the payment of Lease Payments or termination of the Lease under Section 4.1 thereof, the AUTHORITY shall be protected in withholding such notice if and so long as the governing body of the AUTHORITY or its chief executive officer in good faith determines that the withholding of such notice is in the interest of the Bondholders. 4-12. Covenant to Lease. Sell and Operate. Subject to the provisions of Section 4-14, the AUTHORITY agrees that if on Event of Default occurs under the Lease or Lessee terminates the Lease under Section 4-1 thereof, the AUTHORITY will use its best efforts while any Bonds remain Outstanding to lease or operate the Project to provide Net Revenues sufficient to pay the principal, interest and call premium, if any, on the Bonds and in the event of sale, to obtain the best price obtainable so that to the extent the AUTHORITY determines it reasonably possible all of the Bonds and the interest thereon are paid in full. This covenant, to the extent that it may obligate the AUTHORITY to re-lease or sell the Project for the benefit of the Bondholders, may be enforced against the AUTHORITY only to the extent that at such time the AUTHORITY is permitted by law to sell the property or to the extent that any consent required for re-Ieasing the property has been given. 4-13. Acceleration. Subject to the provi%ions in Section 4-14, upon the occurrence of an Event of Default under the Lease or termination of the Lease on account of a Non-appropriation under Section 4-1 of the Lease, the AUTHORITY may, and upon the written request of the Holders of not less than fifty-one (51%) percent in aggregate principal amount of Outstanding Bonds shall, by notice in writing delivered to the Lessee, declare the principal of all Bonds then Outstanding and the interest accrued thereon immediately due and payable, and such principal and interest shall thereupon become 356761.1 33 " I and be immediately due and payable. The AUTHORITY shall promptly give mailed notice of acceleration to the Bondholders. 4-14. Tax Exempt Status of Bonds: No Desionation of OTEO. The AUTHORITY shall not knowingly take, nor fact to take, any action the effect of which would be to impair the tax exempt status of the Bonds. The Bonds exceed in amount those which may be qualified as "qualified tax-exempt obligations" within the meaning of Section 265(b) (3) of the Code, and hence are not designated for such purposes. 4-15. Conditions to Authoritv Action. Before taking any specific action under Sections 4-11, 4-12, 4-13, or 4-l4 or the last paragraph in Section 5-10, the AUTHORITY may at its sole discretion: (1) Require that it be furnished an indemnity bond satisfactory to it for the reimbursement of all expenses to which it may be put and to protect it against all liability, except liability which is adjudicated to have resulted from the negligence or willful default of the AUTHORITY; (2) Act upon the opinion or advice of any Independent Counsel, Independent Engineer or Independent Accountant selected by the AUTHORITY in the exercise of reasonable care, or upon the direction of the Holders of a fifty-one percent (51%) in aggregate principal amount of Outstanding Bonds; and the AUTHORITY shall not be responsible for any loss or damage resulting from any action or nonaction taken in good faith in reliance upon such opinion or advice or Bondholder direction; and (3) Require the of not less than fifty-one Outstanding Bonds. consent to the action of the Holders percent (51%) in principal amount of 356761.1 34 ) ARTICLE FIVE FUNDS AND ACCOUNTS 5-1. Deposit of Bond Proceeds. The AUTHORITY shall deposit, or shall direct the Purchaser to deposit, with the Lessee all of the net proceeds of the sale of the Bonds (including accrued interest thereon paid by the purchaser) for deposit in the Project Acquisition Fund as provided in Section 3.1 of the Lease. 5-2. Intentionally Omitted. 5-3. IntentionallY Omitted. 5-4. Intentionallv Omitted. 5-5. Intentionallv Omitted. 5-6. Bond Fund. The AUTHORITY hereby establishes and shall maintain, so long as any of the Bonds are Outstanding, a separate trust account for the benefit of the Bondholders to be designated "1997 Public Project Revenue Bond Fund" (herein called the "Bond Fund") into which the following deposits shall be made: (a) the Lease escrow to All payments by the Lessee as Lease Payments or any Purchase Option Price (unless held in discharge Bonds under Article Eight hereof). under (b) All other moneys received by the AUTHORITY from the Lessee when accompanied by directions of the Lessee that such moneys are to be paid into the Bond Fund or used for purposes for which moneys in the Bond Fund may be used. If the Lessee so directs, such monies shall be credited against Lease Payments due or to become due. (c) If the Lease is terminated, all Net Revenues derived from the Project: (d) All other moneys required to be deposited in the Bond Fund pursuant to any provision of this Resolution or the Lease. The moneys and investments in the Bond Fund are irrevocably pledged to and shall be used by the AUTHORITY, from time to time, to the extent required, for the payment of principal of, and interest and any premium on the Bonds as more fully provided in "\ 356761.1 35 ) Section 5-10 hereof; and shall be used for no other purpose, provided that the AUTHORITY may use sums in the Bond Fund to be used to pay principal on Bonds of a particular maturity (and interest thereon) to instead purchase said Bonds at a price not to exceed par and accrued interest. 5-7. Intentionally Omitted. 5-8. Intentionally Omitted. 5-9. Deposit of Funds with Pavinq Aqent. The AUTHORITY shall transfer and remit sums from the Bond Fund to the Paying Agent in advance of each interest and principal due date and redemption date, from the balance then on hand in the Bond Fund, sufficient to pay all principal, interest and redemption premiums then due on Bonds. The Paying Agent shall hold in trust for the Holders of such Bonds representing such interest all sums so transferred to it until paid to such Holders or otherwise disposed of as herein provided. Any money deposited with the Paying Agent in trust for the Holder of any Bond and remaining unclaimed for six years after the principal, premium, if any, or interest owing to the Holder becomes due and payable, shall be paid to the Lessee upon request and shall be discharged from the trust, and the Holder of the Bond shall thereafter, as an unsecured general creditor look only to the Lessee for the payment thereof, and all liability of the Paying Agent, or the AUTHORITY with respect to such trust money shall cease. 5-10. Priority of Pavrnent and Application of Monevs. All Bonds issued hereunder and secured hereby shall be equally and ratably secured by and payable from the Bond Fund, without priority of one Bond over any other, except as otherwise expressly provided herein. Accordingly, all moneys credited to the Bond Fund, shall be applied as follows: (I) or shall shall be Unless the principal of all the Bonds shall have become have been declared due and payable, all such moneys applied: FIRST: To the payment to the persons entitled thereto of all installments of interest then due on the Bonds, in the order of the maturity of the installments of such interest, and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the persons entitled thereto, without any discrimination or privilege; 356761.1 36 I ' SECOND: To the payment to the persons entitled thereto j of the unpaid principal of any of the Bonds which shall have become due (other than Bonds called for redemption for the payment of which moneys are held pursuant to the provisions of this Bond Resolution), in the order of their due dates, and, if the amount available shall not be sufficient to pay in full Bonds due on any particular date, then to the payment ratably, according to the amount of principal due on such date, to the persons entitled thereto without any discrimination or privilege; and THIRD: To the payment of interest and premium, if any, on and the principal of the Bonds, and to the redemption of Bonds, as thereafter may from time to time become due, all in accordance with the provisions of Article Five hereof. (2) If the principal of all Bonds shall have become due or shall have been declared due and payable, all such moneys shall be applied to the payment of the principal and interest then due and unpaid upon the Bonds, without preference or priority of principal over interest or of interest over principal, or of any installment of interest over any other installment of interest, or of any Bond over any other Bond, ratably, according to the amounts due respectively for principal and interest, to the persons entitled thereto without any discrimination or privilege. (3) If the principal of all the Bonds shall have been declared due and payable, and if such declaration shall there- after have been rescinded and annulled under the provisions of this Resolution, then, subject to the provisions of subparagraph (2) of this Section, in the event that the principal of all the Bonds shall later become due or be declared due and payable, the moneys shall be applied in accordance with the provisions of paragraph (I) of this Section. Subject to the provisions in Section 4-15, whenever moneys are to be applied by the AUTHORITY pursuant to the provisions of this Section and there are insufficient sums in the Bond Fund to pay principal and/or interest then due on the Bonds, the AUTHORITY shall apply such moneys at such times, and from time to time, as the AUTHORITY shall determine, having due regard to the amount of such moneys available for application and the likelihood of additional moneys becoming available for such application in the future. " Whenever the AUTHORITY shall apply such funds, it shall fix the date (which shall be an interest payment date unless it shall deem another date more suitable) upon which such application is to be made and upon such date interest on the amounts of principal to be paid on such dates shall cease to accrue. The AUTHORITY shall give such notice as it may deem appropriate of the deposit with the Paying Agent of \ 356761.1 37 ") any such moneys and of the fixing of any such date, and shall not be required to make payment to the Holder of any Bond until such Bond shall be presented to the Paying Agent for appropriate endorsement or for cancellation if fully paid. 356761.1 38 ARTICLE SIX ) POSSESSION, USE AND RELEASE OF PROPERTY 6-1. Possession and Use. Subject to the terms hereof and to the pledge of rentals and profits under the Lease, until the happening of an Event of Default under the Lease or termination of the Lease under Section 4.2 thereof, the Lessee shall be permitted to possess, use and enjoy the Project (except cash or other personal property deposited or pledged or determined by the terms hereof to be deposited or pledged to the AUTHORITY) and to receive and use the issues and profits of the Project. 6-2. Easement for Access or Utilitv Service. The AUTHORITY is authorized, without notice to or consent of the.Holders of any Bonds, to join in the execution of a conveyance for access or utility service and certain other easements and to subordinate the Lease to such easement pursuant to Section 8.6 of the Lease or if the Lease has been terminated at the AUTHORITY'S own initiative, but only upon satisfaction of the applicable conditions set forth in said Section. 6-3. Release of Encumbered Equipment. The AUTHORITY is authorized, without notice to or consent of any Bondholders, to remove Project Equipment from time to time, provided that the applicable conditions set forth in Section 2.04 of the Lease are met. If the Lessee or the AUTHORITY desires to sell any Project Equipment that AUTHORITY has a fair market value in excess of the fair market value of Project Equipment to be substituted therefor, the AUTHORITY may sell, or permit such sale, without notice to or consent of any bondholders if the removed Project Equipment is in good faith sold for cash and the net proceeds from the sale are deposited in the Bond Fund. \ 356761.1 39 I . I , / 6-4. Release of Unimproved Land. The AUTHORITY is hereby authorized, without notice to or consent of any Bondholders, to join in the execution of such instruments as may be necessary to release from the terms of the Lease unimproved Land, but only upon the satisfaction of the applicable conditions set forth in Section 8.7 of the Lease. 356761.1 40 I ' ARTICLE SEVEN ~ INVESTMENTS 7-1. Investments bv AUTHORITY. Subject to the provisions of Section 7-2, moneys held for the credit of the Funds established by Article Five shall, to the extent practicable and permitted by the Act, be invested as received and reinvested by the AUTHORITY in such securities as are authorized by the Act after taking into consideration any recommendation made by the Lessee. The AUTHORITY shall sell and reduce to cash funds a sufficient portion of investments under the provisions of this Section whenever the cash balance in the Fund for which the investment was made is insufficient for its current requirements. Securities so purchased as an investment of moneys shall be paid by the AUTHORITY and shall be deemed at all times a part of the applicable Fund, and the interest accruing thereon and any profit realized from such investments shall be deemed at all times a part of the applicable Fund, and the interest accruing thereon and any profit realized from such investments shall be credited to the Fund from which the investment was made. Any loss resulting from such investment shall be charged to the Fund from which the investment was made. 7-2. Return on Investments. The AUTHORITY will not cause any use to be made of the proceeds of the Bonds to be issued which would cause such obligations to be arbitrage bonds within the meaning of Section 148 of the Internal Revenue Code and any applicable and valid temporary, proposed or final regulations from time to time promulgated thereunder if and to the extent such provisions remain in full force and effect; and the AUTHORITY will comply with the requirements of said Section 148 and with all such applicable regulations pertaining thereto while the Bonds to be issued hereunder remain Outstanding. 356761.1 4l I ' ARTICLE EIGHT ~ DISCHARGE OF OBLIGATIONS TO BONDHOLDERS 8-1. Conditions of Discharqe. When all of the Bonds issued and secured hereunder have been discharged as provided in section 8-2, and if all fees and expenses of the AUTHORITY and Paying Agent required by this Resolution to be paid (other than sums deposited in escrow for such purpose) have been paid, all pledges, covenants and other rights granted by this Resolution shall cease as to the Holders of the Bonds, the Bonds shall no longer be considered Outstanding, and the lien herein created upon any revenues derived from the Project may be discharged. 8-2. Pavrnent of Bonds. (I) Bonds for the payment or redemption of which sufficient cash shall have been deposited with the Paying Agent shall be deemed to be paid and discharged within the meaning of this Section, provided, however, that if such Bonds are to be redeemed prior to the maturity thereof, notice of such redemption shall have been duly given and sufficient cash shall also be deposited with the Paying Agent to pay any redemption premium. (2) The AUTHORITY may also pay and discharge at any time any and all of the Bonds and pay all future paying Agent fees and expenses with respect thereto by irrevocably depositing in escrow for the benefit of the Holders of said Bonds and the Paying Agent in a suitable banking institution a sum of cash and securities in such aggregate face amount, bearing interest at such rates and maturing or callable at the option of the holder thereof on such dates as shall be required to provide amounts sufficient to pay when due (i) all redemption premiums, if any, on said Bonds, (ii) all principal and interest due on said Bonds to their stated maturity dates or any earlier permissible date upon which they may be redeemed prior to maturity in accordance with their terms, (so long as notice of such redemption shall have been duly given as herein required), and (iii) all such future Paying Agent fees and expenses; and provided further that the securities deposited for this purpose shall be limited to securities which may be purchased for an escrow account under the provisions of Section 475.67, Minnesota Statutes, or any amendments or supplements thereto. (3) All liability of the AUTHORITY to the Holders of any Bonds for the payment of principal and interest and any premium thereon shall forthwith cease, terminate and be completely discharged upon payment and discharge of the Bonds as \ 356761.1 42 I ' ) provided in this Section 8-2, and said Holders shall have a claim therefor solely upon the cash or cash and securities so deposited with the Paying Agent or in escrow and shall not be entitled thereafter to any other benefit of or security under this Resolution or the Lease. (4) Any Bonds paid and discharged as provided in this Section 8-2 shall no longer be deemed outstanding for the purposes of this Resolution. 8-3. Cancellation of surrendered Bonds and Coupons. The AUTHORITY may at any time surrender to the Paying Agent for cancellation by it any Bonds previously authenticated and delivered hereunder, which the AUTHORITY acquired in any manner whatsoever, and such Bonds, upon such surrender and cancellation, shall be deemed to be paid and retired. 356761.1 43 ARTICLE NINE '1 SUPPLEMENTAL AND AMENDATORY RESOLUTIONS 9-1. Supplemental and Amendatorv Resolutions Not Reouirinq Consent of Bondholders. The AUTHORITY may, from time to time and at any time, without the consent of or notice to any of the Bondholders, and when so required by this Resolution shall adopt a resolution or resolutions supplemental to or amendatory of this Resolution as shall not be inconsistent with the terms and provisions hereof (which supplemental or amendatory resolution or resolutions shall thereafter form a part hereof), so as to thereby (l) permit the issuance of Additional Bonds as provided in Section 2-5, or duplicate Bonds as provided in Section 2-6, (2) cure any ambiguity or formal defect or omission in this Resolution or in any supplemental resolution, (3) grant for the benefit of the Bondholders any additional rights, remedies powers, authority or security that may lawfully be granted to or conferred upon the Bondholders, (4) substitute or add additional equipment, machinery or land or to release land or property in the manner specifically provided herein or to more precisely identify any equipment or machinery forming a part of the Project and generally described in Exhibit B and any other property, real or personal which may become a part of the Project, (5) modify, eliminate and/or add to the provisions of this Resolution to such extent as shall be necessary to prevent any interest on the Bonds from becoming taxable under the Federal income tax laws or to allow the Bonds to be qualified under a different exemption under Section 103 of the Internal Revenue Code, (6) make any other change determined by the AUTHORITY necessary to reconcile the Resolution with the Lease or any amendment thereto or (7) make any other change to the Resolution which in the reasonable judgment of the AUTHORITY is not to the prejudice of any Holders of the Bonds who have not consented to the change. 9-2. Supplemental and Amendatorv Resolutions Reouirinq Consent of Bondholders. Exclusive of supplemental and amendatory resolutions covered by Section 9-1 hereof and subject to the terms and provisions contained in this Section, and not otherwise, the AUTHORITY upon receipt of an instrument evidencing the consent to the below-mentioned supplemental or amendatory resolution by the Holders of not less than fifty-one percent (51%) of the aggregate principal amount of the Bonds outstanding, secured in accordance with the provisions of Sections 11-1 and 1-2, shall adopt such other resolution or resolutions supplemental or amendatory thereto as shall be deemed necessary and desirable for the 356761. 1 44 I' ') purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the terms or provisions contained in this Resolution or in any supplemental or amendatory resolution; provided, however, that nothing herein contained shall permit or be construed as permitting (l) an extension of the maturity of any Bond of a nonconsenting Holder thereof, or (2) a reduction in the principal amount of any Bond of a nonconsenting Holder thereof, or (3) a privilege or priority of any Bond or Bonds over any other Bond or Bonds of a nonconsenting Holder thereof, or (4) a reduction in the aggregate principal amount of the Bonds required for consent to such supplemental or amendatory resolution or (5) the subordination or release of the AUTHORITY's title to and security interest in the Project except as otherwise permitted herein, without the consent of the Holders of one hundred percent (100%) of the principal amount of the Bonds then outstanding (hereinafter "100% Bondholder Consent") secured in accordance with Section 11-1. Anything herein to the contrary notwithstanding, a supplemental or amendatory resolution under this Article Nine which adversely affects the right of the Lessee under the Lease shall not become effective unless and until the Lessee shall have consented in writing to the adoption and delivery of such resolution, except supplemental or amendatory resolutions adopted after any termination of the Lease. In this regard, the AUTHORITY shall cause notice of the proposed adoption of any such supplemental or amendatory resolution, together with a copy of the proposed amendatory resolution, to be mailed by certified or registered mail to the Lessee at least fifteen (15) days prior to the proposed date of adoption and delivery of any such resolution. The Lessee shall be deemed to have consented to the adoption and delivery of any such resolution if the AUTHORITY does not receive a letter signed by a Representative of the Lessee of protest or objection thereto on or before 4:30 o'clock P.M., Central Standard or Central Daylight time, whichever is then in effect, of the fifteenth day after the mailing of said notice and a copy of the proposed resolution to the Lessee unless such fifteenth day falls on a Business Day in which event the letter of objection must be received on the next succeeding Business Day. 356761.1 45 I ARTICLE TEN ) AMENDMENT TO LEASE 10-1. Amendments Without Bondholder Consent. The AUTHORITY and the Lessee may without the consent of or notice to any of the Bondholders consent to any amendment, change or modification of the Lease or the Ground Lease; (1) to facilitate, (i) the conveyance of an easement for access or utility services and the subordination of the rights of the Lessee, and the AUTHORITY under the Lease or the Ground Lease to such easement as provided in Section 6-2, (ii) the release of unimproved land and equipment as provided in Sections 6-3 and 6-4, or (iii) the issuance of Additional Bonds without Bondholders' consent as provided by Section 2-5 or duplicate Bonds as provided in Section 2-6; (2) which may be required by the provisions of the Lease, the Ground Lease, or this Resolution; (3) for the purpose of curing any ambiguity or formal defect or omission; (4) in connection with any property or equipment acquired and which constitutes a part of the Project, including the Project Equipment described in Exhibit B, so as to more pre- cisely identify the same or substitute or add additional equip- ment supplied pursuant to the Lease or the Ground Lease; (5) to reconcile the Lease or the Ground Lease with any supplement to the Resolution; or (6) to effect any other change therein which in the reasonable judgment of the AUTHORITY is not to the prejudice of any Holders of the Bonds. 10-2. Amendments Reouirina Bondholder Consent. Except for amendments, changes or modifications as provided in Section 10-1 of this Resolution, neither the AUTHOR- ITY nor the Lessee shall consent to any other amendment, change or modification of the Lease or the Ground Lease without publication of notice and the written approval or consent of the Holders of not less than fifty-one percent (51%) in aggregate principal amount of the Bonds at the time outstanding given and procured as provided in Sections 11-1 and 11-2. If at any time the Lessee shall request the consent of the AUTHORITY to any such proposed amendment, change or modification of the Lease or the 356761.1 46 I . . ~ 1 Ground Lease, the AUTHORITY shall in the absence of 100% Bondholder Consent, upon being satisfactorily indemnified with respect to expenses, cause notice of such proposed amendment, change or modification to be published in the same manner as provided in Section 11-2. 356761.1 47 ARTICLE ELEVEN ) MISCELLANEOUS 11-1. Consent of Bondholders. Any consent, request, direction, approval, objection or other instrument required by this Resolution to be signed and executed by the Bondholders may be in any number of concurrent writings of similar tenor and must be signed or executed by such Bondholders in person or by agent appointed in writing. Proof of the execution of any such consent, request, direction, approval, objection or other instrument or of the writing appointing any agent and of the ownership of Bonds, if made in the following manner, shall be sufficient for any of the purposes of this Resolution, and shall be conclusive in favor of the AUTHORITY with regard to any action taken by it under such request or other instrument, namely: (I) The fact and date of the execution by any person of any such writing may be proved by the certificate of any officer in any jurisdiction who by law has power to take acknowledgements within said jurisdictions that the person signing such writing acknowledged before him the execution thereof, or by an affidavit of any witness to such execution. (2) The fact of the holding by any person of Bonds and the amounts and numbers of such Bonds, and the date of the holding of the same, shall be proved by reference to the Bond Register. 11-2. Notice of Amendments. If at any time the AUTHORITY desires to adopt any supplemental or amendatory resolution and/or amend the Lease as herein provided without 100% Bondholder Consent, unless consent of and notice to the Bondholders is not required, the AUTHORITY shall cause notice of the proposed resolution or amendment to be published at least once in a financial periodical or newspaper of general circulation published in a Minnesota city of the first class or its metropolitan area. Such notice shall briefly set forth the nature of the proposed resolution or amendment and shall state that copies thereof-are on file at the principal office of the AUTHORITY for inspection by all Bondholders. The AUTHORITY shall not, however, be subject to any liability to any Bondholder by reason of its failure to publish such notice, and any such failure shall not affect the validity of such resolution or amendment when consented to and approved as herein provided. If the Holders of not less than fifty-one percent (51%) in aggregate principal amount of the Bonds Outstanding hereunder at 356761.1 48 \ the time of the adoption of such resolution or amendment shall have consented to and approved the adoption thereof as herein provided, no Holder of any Bond shall have any right to object to any of the terms and provisions contained therein, or the operation thereof or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the AUTHORITY or the Lessee from adopting or executing the same or from taking any action pursuant to the provisions thereof. 11-3. Severabilitv. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or juris- dictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circum- stances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative or unenforceable to any extent whatever. The invalidity of anyone or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 11-4. Authentication of Transcript. The officers of the AUTHORITY are directed to furnish to the attorneys approving the legality thereof, certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity and marketability of the Bonds. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the AUTHORITY as to the correctness of all statements contained therein. 11-5. Limitation of Liabilitv. To the extent permitted by law, no provision, covenant nor agreement contained in this Resolution shall give rise or impose upon the Lessee or the AUTHORITY or any of its officers, employees or agents any pecuniary liability. 11-6. Reaistration of Bond Resolution. The Secretary of the AUTHORITY is authorized and directed to cause a copy of this Resolution to be filed with the County Auditor of Anoka County, and to obtain from said County 356761.1 49 ) the time of the adoption of such resolution or amendment shall have consented to and approved the adoption thereof as herein provided, no Holder of any Bond shall have any right to object to any of the terms and provisions contained therein, or the operation thereof or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the AUTHORITY or the Lessee from adopting or executing the same or from taking any action pursuant to the provisions thereof. 11-3. Severabilitv. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or juris- dictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circum- stances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative or unenforceable to any extent whatever. The invalidity of anyone or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 11-4. Authentication of Transcript. The officers of the AUTHORITY are directed to furnish to the attorneys approving the legality thereof, certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity and marketability of the Bonds. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the AUTHORITY as to the correctness of all statements contained therein. 11-5. Limitation of Liabilitv. To the extent permitted by law, no provision, covenant nor agreement contained in this. Resolution shall give rise or impose upon the Lessee or the AUTHORITY or any of its officers, employees or agents any pecuniary liability. 11-6. Reqistration of Bond Resolution. The secretary of the AUTHORITY is authorized and directed to cause a copy of this Resolution to be filed with the County Auditor of Anoka County, and to obtain from said County 356761.1 49 I . . Auditor a certificate that the issue of Bonds hereunder has been I duly entered upon his Bond register. 11-7. Approval of Lessee. The Lessee has examined and given approval of this Resolution and all terms hereof and approves the sale of the Bonds as provided for herein for the price and terms set forth herein. 11-8. Authorization to Execute Lease. Ground Lease. Representation Letter. and Incidental Documents. The form of the proposed Lease and Ground Lease between the AUTHORITY and Lessee and the Representation Letter are hereby approved and the President and Secretary of the AUTHORITY are authorized to execute the same, the official statement to be used by the Purchaser in marketing the Bonds, and such other documents as Bond Counselor Independent Counsel consider appropriate for Bond Closing, in the name of and on behalf of the AUTHORITY. 356761.1 50 I ' , ) Adopted: August 5, 1997. Attest: Sec 356761.1 I" 51 mic of the City -) 356761.1 EXHIBIT A LEGAL DESCRIPTION OF REAL ESTATE A-l I , , EXHIBIT B PROJECT EQUIPMENT 356761.1 B-1 I' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RI73-97 A RESOLUTION APPROVING THE LOT SPLIT\ VARIANCE REQUEST OF WADE SHROMOFF ON PROPERTY OWNED BY JAMES J. AND JUDY B. SERVIDIO PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO.8, SECTION 6.02, MINIMUM DISTRICT REQUIREMENT ON PROPERTY LOCATED AT 14572 DAKOTA STREETNW (PIN 30-32-24-14-0037). WHEREAS, Wade Shromoff, has requested to split a parcel, approximately 1,255 square feet from a property owned by James J. and Judy B. Servidio pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No.8, Section 6.02, Minimum District requirements for an R-4, Single Family Urban District located at 14572 Dakota Street NW legally described as Lot 6, Block 3, The Meadows of Round Lake Addition" 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 ofthe 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 binds the split parcel to Lot 17, Block 3, The Meadows of Round Lake Addition so they cannot be sold separately. 3. That a certificate survey of the lot split be recorded with the City of Andover. Page Two LS\V AR 97-06 14572 Dakota Street NW August 5,1997 Adopted by the City Council of the City of Andover on this 5th day of August, 1997. CITY OF ANDOVER ATTEST: d~;./ itb Victoria V olk, City Clerk [" CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R 174-97 A RESOLUTION GRANTING THE V ARlANCE REQUEST OF BRIAN WILLIAMS TO ORDINANCE NO.8, SECTION 6.02 WHICH REQUIRES A TEN (10) FOOT SIDEY ARD SETBACK AND TO ALLOW FOR THE PLACEMENT OF A DECK ENCROACHING TWO AND ONE-HALF (2 1/2) FEET INTO THE REQUIRED SIDEY ARD SETBACK ON THE PROPERTY LOCATED AT 3467 142ND LANE NW, LEGALLY DESRIBED AS LOT 6, BLOCK I, KADLEC SECOND ADDITION. WHEREAS, Brian Williams has requested a variance to Ordinance No.8, Section 6.02 which requires a ten (10) foot sideyard setback and to allow the placement of a deck encroaching two and one-half (2 1/2) feet into the required sideyard setback on the property located at 3467 I 42nd Lane NW, legally described as Lot 6, Block I, Kadlec Second Addition. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance 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 Brian Williams to Ordinance No.8, Section 6.02 which requires a ten (10) foot sideyard setback and to allow the placement of a deck encroaching two and one-half (2 1/2) feet into the required sideyard setback on the property located at 3467 142nd Lane NW, legally described as Lot 6, Block 1, Kadlec Second Addition. Adopted by the City Council of the City of Andover this 5th day of AUf1ust, 1997. ATTEST: CITY OF ANDOVER ~/~ Victoria Volk, City Clerk j. f J1k~ 11. E. McKelvey, May I' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 175-97 MOTION by Councilmember Kunza adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-.1. TO PROJECT NO. 96-26. S % OF SW Y. OF SECTION 22 (WOODLAND ESTATES). WHEREAS, the City of Andover has a contract for Project No. 96-26 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. 96-26. MOTION seconded by Councilmember Ortiel and adopted by the City Council at a regular meeting this 5th day of August , 19~, with Council members Kunza. Ortiel. McKelvey. Dehn (absent). Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (), r m 1__ ./(el~ ClE. McKelvey - Mayor ~i/~ Victoria Volk - City Clerk " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 176-97 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #i TO PROJECT NO. 95-14. CROOKED LAKE BOULEVARD NW. WHEREAS, the City of Andover has a contract for Project No. 95-14 with Forest Lake Contracting. Inc. of Forest Lake MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 95-14. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 19th day of August, 19.J1L, with Council members Kunza. Orttel. McKelvey. Dehn (absent). Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (j Q. E. /7J{/ ~J.:.pi"J U-:E. McKelvey -'Mayor ,II l-L~ ',-~ !!dL/ Victoria Volk - City Clerk I" , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 177-97 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING 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 Excavatin9 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 Orttel and adopted by the City Council at a regular meeting this 5th day of August, 19-.9L, with Councilmembers Kunza. Orttel. McKelvey Dehn (absent). Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: a. rz. m&~~ /~~f.E. McKelvey - Mayor (J {~ i~ ;: -' .:' /. M Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 178-97 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER CONSTRUCTION OF MEADOWLARK HEIGHTS AS BEING DEVELOPED BY SCOTT LENNES, INC. WHEREAS, the developer has completed the streets and storm sewer of Meadowlark Heights. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby approve the final street construction of Meadowlark Heights 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 August 19 97. CITY OF ANDOVER ATTEST: .. { m<- .E. McKelvey - Mayor f u~ Wj Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 179-97 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 95-12 FOR WELL #6 WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 048-97, dated June 24,1997, bids were received, opened and tabulated according to law with results as follows: E. H. Renner & Sons, Inc. Layne Minnesota Company Keys Well Drill Co. Bergerson-Caswell, Inc. $86,715.00 $96,235.00 $118,250.00 $133,625.00 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 & 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 $86.715.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member Ortlel and adopted by the City Council at a regular meeting this 5th day of August , 19~, with Councilmembers Kunza. Ortlel McKelvey Dehn (absent). Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER 1 J;~ IdL~ Victoria Volk - City Clerk I" CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 181-97 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-27 , FOR SUNSHINE PARK BITUMINOUS BIKEWAY TRAIL. WHEREAS, pursuant to Resolution No. 180-97 , adopted by the City Council on the 5th day of August, 19~, the City Engineer has prepared final plans and specifications for Project 97-27 for Sunshine Park Bituminous Bikeway Trail. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 5th 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 10:30 AM, August 19 19 97 at the Andover City Hall. MOTION seconded by Councilmember Ortlel and adopted by the City Council at a regular meeting this 5th day of Auaust , 19 97 , with Councilmembers Kunza Ortlel. McKelvey. Dehn (absent). Knight (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~. t,YJ! G KO-fL.:JL(J (fE. McKelvey - Mayor l LLdb/ Victoria Volk - City Clerk I" CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R182-97 A RESOLUTION AUTHORIZING APPLICATION FOR A METROPOLITAN COUNCIL PLANNING ASSISTANCE GRANT WHEREAS, Minnesota Statutes sections 473.851 requires local units of government to prepare local comprehensive plans with land use controls that are consistent with planned, orderly and staged development and with metropolitan system plans; and WHEREAS, Minnesota Statues sections 473.854 and 473.867 authorize the Metropolitan Council to prepare and adopt guidelines establishing uniform procedures for the award and disbursement of planning assistance grants and loans; and WHEREAS, Minnesota Statutes 473.867 authorize the Council to give funding to local units of government to review and amend their local comprehensive plans, fiscal devices and official controls; and WHEREAS, the City of Andover requires a planning assistance grant to complete comprehensive planning activities. NOW THEREFORE, BE IT RESOLVED that the City of Andover Administrator is hereby authorized to submit an application to the Metropolitan Council for a planning assistance grant to update and revise the City's comprehensive plan; and BE IT FURTHER RESOLVED that a certified copy ofthis resolution be submitted with the planning assistance grant application. Adopted by the City Council of the City of Andover on this 21h day of August, 1997. CITY OF ANDOVER ATTEST: . r. me-. iLt;,.;._ /;./L' Victoria V olk, City Clerk I'. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 183-97 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-25 ,FOR FENCING/SUNSHINE PARK. PLEASANT OAKS. PINE HillS. HillS OF BUNKER LAKE 5TH ADDITION. WHEREAS, pursuant to Resolution No. 142-97 adopted by the City Council on the 17th day of June . 19~, the Citv Enaineer has prepared final plans and specifications for Project 97-25 for Fencina/Sunshine Park. Pleasant Oaks. Pine Hills. Hills of Bunker lake 5th Addition. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 5th day of Auaust , 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 19 19 97 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reQular meeting this 5th day of AUQust , 19 97 , with Councilmembers Kunza. Orttel. McKelvev. Dehn (absent). KniQht (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (), t m<. Yd~ jj.E. McKelvey - Mayor . U~/$ Victoria Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R184 -97 MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF INDIAN MEADOWS 5TH ADDITION ,AS BEING DEVELOPED BY NORTH SUBURBAN DEVELOPMENT, INC., IN SECTION 19 & 20-32-24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of the Development of Indian Meadows 5th Addition ; and WHEREAS, the Developer has presented the final plat of Indian Meadows 5th 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 Indian Meadows 5th 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 escrow 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 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. Variances from Ordinance No. 10, Section 9.06A3 which requires lots to have a minimum buildable area with a minimum width of 150 feet and a minimum depth of 150 feet for Lot 5, Block 2 and Lots 1 &2, Block 3. Adopted by the City Council of the City of Andover this 5th day of Auaust 19~. CITY OF ANDOVER A TTj::ST: r ~dd' Victoria Volk - City Clerk . t. lJ!c- CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. R185-97 A RESOLUTION AUTHORIZING THE CITY OF ANDOVER TO ENTER INTO A GRANT AGREEMENT WITH THE STATE OF MINNESOTA TO FUND COSTS ASSOCIATED WITH THE CLEAN-UP OF CONTAMINATED LAND AT THE FORMER BEST AUTO PARTS SITE (1950 BUNKER LAKE BOULEVARD NW) AND ADJOINING AUTO SALVAGE YARD AREAS. WHEREAS, the 1997 Legislature appropriated $500,000 to make a grant to the City of Andover for the cleanup of contaminated land at the former Best Auto Parts Site and adjoining auto salvage yard areas, and WHEREAS, to request this money, the City must enter into a grant agreement with the Minnesota Department of Trade and Economic Development and WHEREAS, the Mayor and City Clerk are authorized to enter into such agreement and are authorized to sign all applicable contracts with the Minnesota Department of Trade and Economic Development. NOW, THEREFORE, BE IT RESOLVED that the City enter into an agreement with the State of Minnesota to partially fund the cleanup of contaminated land at the former Best Auto Parts property (1950 Bunker Lake Boulevard NW) and adjoining salvage yard areas. Adopted by the City Council of the City of Andover on this 2ili day of August, 1997. ATTEST: CITY OF ANDOVER ilL dd? Victoria Yolk, City Clerk ~. t /IJ~':~ . E. McKelvey, Mayo CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R186-97 A RESOLUTION GRANTING AN EXTENSION OF TIME FOR THE FILING OF THE PRELIMINARY PLAT OF SHADOWBROOK. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to the requirements of Ordinance 10, an extension of one year is hereby granted for the filing of the preliminary plat of Shadowbrook in response to a request by the developer, Bunker LLC. Adopted by the City Council of the City of Andover this 5th day of Auaust , 1997. CITY OF ANDOVER Attest: ., 1.la~ J. E. McKelvey - Mayor ~itL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 187-97 RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSAL FOR A HOUSING FINANCE PROGRAM AND THE ISSUANCE OF REVENUE BONDS TO FINANCE AN ELDERLY HOUSING DEVELOPMENT (PRESBYTERIAN HOMES OF ANDOVER PROJECT) PURSUANT TO MINNESOTA LAW, AND AUTHORIZING THE PUBLICATION OF A NOTICE OF THE HEARING (A) WHEREAS, Minnesota Statutes, Chapter 462C (the "Act"), confers upon cities, the poser to issue revenue bonds to finance multifamily housing developments within the boundaries of the city; and (b) WHEREAS, the City Council of the City of Andover, Minnesota (the "City"), has received from Presbyterian Homes of Andover, Inc. (the "Developer"), a proposal that the City undertake a program to assist in financing a Project hereinafter described, through the issuance of revenue bonds or obligations (in one or more series) (the "Bonds") pursuant to the Act; and (c) WHEREAS, before proceeding with consideration of the request of the Developer it is necessary for the City to hold a public hearing on the housing finance program and proposal pursuant to the Act: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: I. A public hearing on the housing finance program and proposal of the Developer will be held at the time and place set forth in the Notice of Public Hearing Hereto attached. 2. The housing finance program and general nature of the proposal and an estimate of the principal amount of Bonds to be issued to finance the proposal are described in the attached form of Notice of Public Hearing. 3. A draft copy of the housing finance program with proposed forms of all attachments and exhibits is on file in the office of the Clerk. I" 4. The Clerk is hereby authorized and directed to cause notice of the hearing to be given one publication in the official newspaper of the City and also in a newspaper of general circulation available in the City, not less than IS days nor more than 30 days prior to the date fixed for the hearing, substantially in the form of the attached Notice of Public Hearing. Adopted by the City Council of the City of Andover, Minnesota, this 5th day of August, 1997. {J. f. me.; tb u. E. McKelvey, Mayor ATTEST: ~UL Victoria Volk, City Clerk CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. 188-97 RESOLUTION CALLING PUBLIC HEARING ON THE PROPOSED ADOPTION OF THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO.1, AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1-3 THEREIN AND THE PROPOSED ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR BE IT RESOLVED by the City Council (the "Council" of the City of Andover, Minnesota (the "City"), as follows: 1. Public Hearing. This Council shall meet on Tuesday, October 7, 1997, at approximately 7:00 p.m., to hold a public hearing on the following matters: (a) the proposed adoption of the Modification to the Development Program for Development District No.1, (b) the proposed establishment of Tax Increment Financing District No. 1- 3 therein, and (c) the proposed adoption of a Tax Increment Financing Plan therefor, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.179, both inclusive, as amended (collectively, the "Act"). 2. Notice of Hearing: Filing of Program and Plan. The City Clerk is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act and to place a copy of the proposed Modification to the Development Program, and Tax Increment Financing Plan on file in the Clerk's Office at City Hall and to make such copies available for inspection by the public. Adopted by the City Council of the City of Andover, Minnesota, this 5th Day of August, 1997. J. t. me. !(~ . E. McKelvey, Mayor ATTEST: ~~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 189-97 MOTION by Council member Orttel to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF HAMILTON SQUARE ,AS BEING DEVELOPED BY EDWARD AND LORA HAMILTON, IN SECTION 23-32- 24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of the Development of Hamilton Square ; and WHEREAS, the Developer has presented the final plat of Hamilton Sauare. and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, TH EREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Hamilton Sauare contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to 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, CCWD, MPCA and any other agency that may be interested in the site. 8. Park dedication is to be resolved by negotiation between the parties by the October 19,1997 City Council meeting. 9. Bikeway/walkway to be constructed along Hanson Boulevard NWand Crosstown 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 Crosstown Boulevard NW (Co. RD. No. 18) as required by the Anoka Co. Hwy. Dept. letter dated June 2, 1997 from Jane Pemble, Traffic Engineer. 11. Stormwater drainage to the north be coordinated with the drainage of Chesterton Commons and/or be self contained within the plat. 12. Comments on memo dated July 30, 1997 from Scott Erickson City Engineer and Todd Haas, Assistant City Engineer shall be addressed. 13. All outstanding comments from Daniel Fabian, TKDA shall be addressed. 14. Contingent on staff review and approval for compliance with City ordinances, polices & guidelines. Adopted by the City Council of the City of Andover this ~ day of Auaust ,1 g..JlL. CITY OF ANDOVER ATTEST: , '/. ( ai tL...-t~w [H;L Victoria Volk - City Clerk " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 190-97 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-8 , IN THE AREA OF CHESTERTON COMMONS FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER CONSTRUCTION. WHEREAS, pursuant to Resolution No. 154-97, adopted by the City Council on the_ 24th day of June ,19-.9L, by McCombs Frank Roos Associates Inc. has prepared final plans and specifications for Project 97-8 for sanitary sewer. watermain street and storm sewer. WHEREAS, such final plans and specifications were presented to the City Council for theirreview on the 5th day of August , 19-.JlL. 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 28 ,19 97 at the Andover City Hall. MOTION seconded by Councilmember Kunza and adopted by the City Council at a regular meeting this 5th day of August , 1997, with Councilmembers Kunza. Orttel. McKelvey. Dehn (absent). Knight (absent) voting in favor of the resolution, and Council members resolution was declared passed. none voting against, whereupon said CITY OF ANDOVER ATTEST: Ii /I fL- ~ ddL/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 191-97 MOTION by Council member Kunza to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-9 , IN THE AREA OF SECTION 23 (CHESTERTON COMMONS/HAMILTON SQUARE FOR TRUNK SANITARY SEWER AND WATERMAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 078-97 , adopted by the City Council on the _ ~ day of April , 19~, by TKDA has prepared final plans and specifications for Project 97-9 for trunk sanitary sewer and watermain. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 5th day of Auaust , 19.-9L. 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 28 ,19 97 at the Andover City Hall. MOTION seconded by Councilmember Orttel and adopted by the City Council at a reaular meeting this 5th day of August, 19 97 ,with Councilmembers Kunza. Orttel. McKelvey. Dehn (absent). Knight (absent) voting in favor of the resolution, and Councilmembers resolution was declared passed. none voting against, whereupon said CITY OF ANDOVER ATTEST: "~j'"j lUL/ Victoria Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R192-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE PLANNED UNIT DEVELOPMENT OF NIGHTINGALE PRESERVE ,AS BEING DEVELOPED BY NIGHTINGALE PROPERTIES, LLC, IN SECTION 15-32-24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat ofthe Development of Niahtinaale Preserve ; and WHEREAS, the Developer has presented the final plat of Niahtinaale Preserve: 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 ofthe City of Andover to hereby approve the final plat of Niahtinaale Preserve 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 final plat not be signed by the Mayor and Clerk until there is an executed Development Contract and escrow paid. 4. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 5. Receipt of all necessary drainage and utility easements outside the plat if necessary. 6. 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. 7. Variances from Ordinance No. 10, Section 9.06A3 which requires lots to have a minimum buildable area with a minimum width of 150 feet and a minimum depth of 150 feetfor Lots 1-5, Block 1; Lot 2, Block 2; Lot 1, Block 3. 8. Variances from Ordinance No.8, Section 6.02 for lot with requirements for Lots 1-4, Block 1 and Lots 3-5, Block 2. 9. Contingent upon receipt and approval of the covenants and restrictions, by- laws and rules of the association by the City Attorney prior to recording of the Final Plat. 10. Shall adhere to the geotechnical engineering report accepted by the City. Adopted by the City Council of the City of Andover this 19th day of Auaust , 19~L CITY OF ANDOVER ATTEST: ~ (}~L Victoria Volk - City Clerk ~, ! .~--,~4- ~. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 193-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO._ 97-33 FOR 1997 OVERLAYS. WHEREAS, the City Council is cognizant of the need for overlays; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Overlays, Project 97-33; and BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ 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 19th day of August ,19~, with Councilmembers Dehn. Knight 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: {}, ~~ .E. McKelvey - Mayor JL t ILk~ Ii.LL/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 194-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 97-33 ,FOR 1997 OVERLAYS. WHEREAS, pursuant to Resolution No. 193-97 , adopted by the City Council on the 19th day of August , 19~, the City Engineer has prepared final plans and specifications for Project 97-33 for 1997 Overlays. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of August , 19--9l... 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 97 at the Andover City Hall. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of August ,19 97 , with Councilmembers Dehn. Knight. 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: y, f. tJ!(, /l;L1A UE. McKelvey - Mayor tf i:i;;J tI~Lj Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 195-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #--1.. TO PROJECT NO. 95-14. CROOKED LAKE BOULEVARD NW. WHEREAS, the City of Andover has a contract for Project No. 95-14 with Forest Lake Contracting Inc. of Forest Lake MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 95-14. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of August, 19-.J1L, with Councilmembers Dehn Knight. McKelvey Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: t{I;-~ tfd/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 196-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #---.L AND 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 Hugo MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change orders to Project No. 96-15. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of August, 19-.JIT..., with Councilmembers Dehn. Knight. McKelvey. Ortie!. Kunza (absent) voting in favor of the resolution, and Council members none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ..e....., c ,[;:t~ tldv Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 197-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION RECEIVING BIDS FOR THE IMPROVEMENT OF PROJECT NO. 97-6 FOR SHADOWBROOK 2ND ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 170-97, dated July 15 ,1997, bids were received, opened and tabulated according to law with results as follows: C.W. Houle, Inc. Ryan Contracting, Inc. Northdale Construction $651,896.40 $707,501.03 $743,538.53 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. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of August, 19-.9L, with Council members Dehn. Knight. McKelvey. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER ~' ~, 71/( ~1~". .E. McKelvey - Mayor {l L~.J tfdV Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 198-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #--1. TO PROJECT NO. 97-14. PRAIRIE ROAD/BUNKER LAKE BOULEVARD. WHEREAS, the City of Andover has a contract for Project No. 97-14 with Valley Pavin9 of Brooklyn Park MN . NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 97-14. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of August, 19~, with Councilmembers Dehn. Kni9ht McKelvey. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Ii fj. 717 c !( Jl'..e-, tJ.E. McKelvey - Mayor . . d;;t;u.J d,dV Victoria Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R199-97 MOTION by Councilmember Ortlel to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF CHESTERTON COMMONS, AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, IN SECTION 23-32-24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of the Development of Chesterton Commons ; and WHEREAS, the Developer has presented the final plat of Chesterton Commons: and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Chesterton Commons contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading"plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to 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, CCWD, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. 9. Bikeway/walkway to be constructed along Hanson Boulevard NWand Crosstown 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 Crosstown Boulevard NW (Co. RD. No. 18) as required by the Anoka Co. Hwy. Dept. 11. All outstanding comments from Scott Erickson City Engineer and Todd Haas, Assistant City Engineer shall be addressed. 12. All outstanding comments from Daniel Fabian, TKDA shall be addressed. 13. Contingent on staff review and approval for compliance with City ordinances, polices & guidelines. 14. Variance to Ord. No. 10, Section 9.05 for the length of block (Block 2). 15. Variances to Ord. No.1 0, Section 4, Buildable Lots for Lots 5&6, Block 4. Page Two Resolution Final Plat - Chesterton Commons August 19, 1997 Adopted by the City Council of the City of Andover this 19th day of Auqust , 19~L CITY OF ANDOVER ~.dff Victoria Volk - City Clerk , ~. $vl'< ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R200-97 A RESOLUTION AMENDING SPECIAL USE PERMIT SUP 83-2 RELATING TO THE BULK STORAGE OF LIQUID FUELS FOR THE ANOKA COUNTY IDGHW AY DEP ART.MENT PURSUANT TO ORDINANCE NO.8, SECTION 4.26 ON PROPERTY LOCATED AT 1440 BUNKER LAKE BOULEVARD NW (pIN 35-32-24-32-0001 AND 35-32-24-31-0001 ). WHEREAS, The Anoka County Highway Department has requested an Amended Special Use Permit to allow for the replacement of three 10,000 gallon, and three 12,000 gallon under ground storage tanks with two 12,000 gallon underground storage tanks pursuant to Ordinance No.8, Section 4.26 on property located at 1440 Bunker Lake Boulevard NW, legally described as follows: The north half of the Southwest Quarter of Section 35 Township 32 Range 24 Anoka County Minnesota. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 4.26; 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 ~equest; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following conditions: 1) That the applicant shall provide to the City, in writing, proof that the tanks meet all State and Federal requirements and installation regulations. 2) That the Andover Fire Marshall inspect tank removal and installation. Page Two Amended SUP - Storage of Bulk Liquid Fuels Anoka County September 2, 1997 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 2nd day of September. 1997. CITY OF ANDOVER ATTEST: . t J#c-&Jl.~. I.E. McKelvey, M~ ~~ Victoria Volk, City Clerk ,., CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 201-97 A RESOLUTION DESIGNATING NO PARKING ON THE WEST SIDE OF POPPY STREET NW AT 135TH AVENUE NW AND NO PARKING (BOTH SIDES) OF 135TH AVENUE NW AT POPPY STREET NW. WHEREAS, the City Council is cognizant of the public nuisance traffic hazard, congestion; and WHEREAS, the Council believes restricting the parking in the area will be a solution to a potential problem. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover that there be no parking on the west side of Poppy Street NWat 135th Avenue NWand no parking (both sides) of 135th Avenue NWat Poppy Street NW. Adopted by the City Council of the City of Andover this 2nd day of September, 19~. CITY OF ANDOVER ATTEST: j, r. /)1c- /~ C<f. E. McKelvey - Mayo ~de Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 202-97 MOTION by.Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-25 FOR FENCING/SUNSHINE PARK PLEASANT OAKS. PINE HillS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 183-97 ,dated August 5, 1997, bids were received, opened and tabulated according to law with results as follows: Mid-Metro Construction Century Fence BASE BID $51,277.50 $59,723.10 ALTERNATE BID $16,840.00 $17,247.60 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 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 Mid-Metro Construction in the amount of $51 277.50 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 2nd day of September ,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: ~. { mv<~ . . McKelvey - Mayor tLk~ Ub Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 203-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-27 FOR SUNSHINE PARK BITUMINOUS BIKEWAY TRAIL. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 181-97 ,dated August 5, 1997, bids were received, opened and tabulated according to law with results as follows: Barber Construction Co., Inc. Alber Asphalt $12,990.00 $14,705.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Barber Construction 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 Barber Construction Co.. Inc. in the amount of $12.990.00 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 2nd day of September ,19...9L, 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: . t JrJv :J.E. McKelvey - Mayor ~;)~ Victoria Volk - City Clerk COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.204-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF SHADOWBROOK SECOND ADDITION, AS BEING DEVELOPED BY BUNKER. LLC, IN SECTION 36-32-24. WHEREAS, the City Council approved the preliminary plat of Shadowbrook ; and WHEREAS, the Developer has presented the final plat of Shadowbrook Second 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 Second Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Street light costs to be paid to 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. The dedication will be a combination of cash and land. 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. Variance from Ordinance 10, Section 9.06 A3 to allow for the developer to use the letter from GME Consultants dated April 8, 1996 (revised April 19, 1996) to allow lowest floor elevations to be lower than the 100 year flood elevations for detention ponds (areas that drain dry over a period of time) for the following: Page Two Resolution - Approving Final Plat Shadowbrook Second Addition September 2,1997 Lots 1 & 2, Block 3 Lots 10 & 11, Block 3 Lots 4, 5, 10 & 22, Block 4 Lots 17,18 & 20 - 23, Block 4 Lots 6,7,8,10 & 11, Block 6 . 11. Variance 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. Adopted by the City Council of the City of Andover this 2nd day of Seotember, 19~. CITY OF ANDOVER ATTEST: , {. );1C/~ .E. McKelvey - Mayor Lj--~ i? Victoria Volk - City Clerk I" ' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 205-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER WATERMAIN. STREET AND STORM SEWER , PROJECT NO. 97-35, IN THE FARMSTEAD AREA. WHEREAS, the City Council has received a petition, dated Auaust 27 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 $1.000 3. The proposed improvement is hereby referred to the City Engineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 2nd day of September, 19 97, 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: ~, f, m~<~ t<l'.E. McKelvey - Mayor u~~ 14 Victoria Volk - City Clerk '" CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 206-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 96-15 FOR PUBLIC WORKS EXPANSION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 108-97 , dated May 20,1997, bids were received, opened and tabulated according to law with results as follows: KMH Erectors Listullndustries Western Steel Erection $23,165.00 $23,894.00 $24,592.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate KMH Erectors as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with KMH Erectors in the amount of $23 165.00 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 2nd day of September , 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: f). t. h& )';J~ tYE. McKelvey - Mayor 71 ~!I~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 207-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ASTECH SURFACE TECHNOLOGIES CONTRACTING CORP. FOR PROJECT NO. 97-4, FOR THE IMPROVEMENT OF SEAL COATING. WHEREAS. pursuant to a written contract signed with the City of Andover on _ April 1 , 1997, Astech Surface Technologies Contracting Corp. of St. Cloud. MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract 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 on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 2nd day of September, 19~, with Councilmembers Knight. Dehn. McKelvey. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: .1. m",fi .E. McKelvey - Mayor ~(/4 Victoria Volk - City Clerk I ' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 208-97 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #i 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 Corp. 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 2nd day of September , 19~, with Councilmembers Ortte!. Dehn McKelvey. Knight Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J <;, m~~b tJ.E. McKelvey - Mayo ~ i-/b Victoria Volk - City Clerk Extract of Minutes of a Meeting of the City Council of the City of Andover, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Minnesota, was duly held at the City Hall in said City on Tuesday, the 2nd day of September, 1997, at 2-:-up_.M. The following members were present: McKelvey, Knight, Kunza, Orttel, Dehn and the following were absent: none Member Orter",l introduced the following resolution and moved its adoption: RESOLUTION RECITING A PROPOSAL FOR A HOUSING FINANCE PROGRAM TO FINANCE AN ELDERLY HOUSING DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE ISSUANCE OF REVENUE BONDS PURSUANT TO MINNESOTA LAW, AND RATIFYING THE PREPARATION OF A HOUSING FINANCE PROGRAM (PRESBYTERIAN HOMES OF ANDOVER PROJECT) No. R209-97 The motion for the adoption of the foregoing resolution was duly seconded by member Dehn , and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: McKelvey, Knight, Kunza, Orttel, Oehn and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 359417.1 RESOLUTION RECITING A PROPOSAL FOR A HOUSING FINANCE PROGRAM TO FINANCE AN ELDERLY HOUSING DEVELOPMENT PROJECT, GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE ISSUANCE OF REVENUE BONDS PURSUANT TO MINNESOTA LAW, AND RATIFYING THE PREPARATION OF A HOUSING FINANCE PROGRAM (PRESBYTERIAN HOMES OF ANDOVER PROJECT) (a) WHEREAS, Minnesota Statutes, Chapter 462 C (the "Act") confers upon cities, the power to issue revenue bonds to finance a program for the purpose of planning, administering, making or purchasing loans with respect to one or more multifamily housing developments within the boundaries of the city; and (b) WHEREAS, the City of Andover, Minnesota (the "City") has received from Presbyterian Homes of Andover, Inc. (the "Developer") a proposal that the City undertake a program to finance a Project hereinafter described, through the issuance of revenue bonds or obligations (in one or more series) (the "Bonds") pursuant to the Act; and (c) WHEREAS, the City desires to facilitate the development of rental housing within the community; encourage the development of affordable housing opportunities for residents of the City; encourage the development of housing facilities designed for occupancy by elderly person; and encourage the development of blighted or underutilized land and structures within the boundaries of the City; and the Project will assist the City in achieving these objectives; and (d) WHEREAS, the Project to be financed by the Bonds consists of the acquisition, construction and equipping of an elderly rental housing development of approximately 144 units located at 3331 Bunker Lake Boulevard Northwest (i.e., Bunker Lake Boulevard between Quay and Marigold) in the City of which 68 units will be designed for assisted living and 66 for independent living, and consists of the construction and equipping of buildings thereon which will result in the provision of additional rental housing opportunities to elderly persons within the community; and (e) WHEREAS, in accordance with Minnesota Statutes, Section 462C.04, Subdivision 2, the City has heretofore submitted to the Metropolitan Council (the "Council") a program to finance the Project and the City has received a letter dated , 1997 from the Council stating that Council staff has reviewed the proposal and finds no apparent inconsistencies between the proposal and Council policies; and (f) WHEREAS, a public hearing on the Project was held on the date hereof, after notice was published and materials made available for public inspection at the City Hall, all as required by the Act and Section 147 (f) of the I' Internal Revenue Code of 1986, as amended, at which public hearing all those appearing who desired to speak were heard and written comments were accepted; and (g) WHEREAS, no public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota, as follows: I. The City hereby gives preliminary approval to the proposal of the Developer that the City undertake the Project, described above, and the program of financing therefor, pursuant to the Act, consisting of the acquisition and construction of multifamily rental housing facilities within the City pursuant to the Developer's specifications and to a revenue agreement between the City and the Developer on such terms and conditions with provisions for revision from time to time as necessary, so as to produce income and revenues sufficient to pay, when due, the principal and interest on the Bonds in the total principal amount of not to exceed $13,000,000 to be issued pursuant to the Act to finance the acquisition and construction of the Project; and said agreement may also provide for the entire interest of the Developer therein to be mortgaged to the purchasers of the Bonds, or a trustee for the holder( s) of the Bonds; and the City, acting by and through the City, hereby undertakes preliminary to issue its bonds in accordance with such terms and conditions. 2. At the option of the City, the financing may be structured so as to take advantage of whatever means are available and are permitted by law to enhance the security for, or marketability of, the Bonds; provided that any such financing structure must be consented to by the Developer. 3. On the basis of information available to the City it appears, and the City hereby finds, that the Project constitutes a multifamily housing development within the meaning of subdivision 5 of Section 462C.02 of the Act; that the availability of the financing under the Act and the willingness of the City to furnish such financing will be a substantial inducement to the Developer to undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the provision of additional multifamily rental housing opportunities to residents of the City, and to promote more intensive development and use ofIand within the City. 4. The Project and the program to finance the Project by the issuance of revenue bonds, is hereby given preliminary approval by the City subject to final approval by the City, the Developer and the purchasers of the Bonds as to ultimate details of the financing of the Project. 5. All prior actions taken by the City Staff in directing Briggs and Morgan, Professional Association, acting as bond counsel to prepare a housing program for financing the Project prepared in accordance with the provisions of Minnesota Statutes, Section 462C.03 is hereby ratified, affirmed and approved. 2 I" 6. The Developer has agreed and it is hereby determined that any and all costs incurred by the City in connection with the financing of the Project whether or not the Project is carried to completion will be paid by the Developer. 7. Briggs and Morgan, Professional Association, acting as bond counsel, is authorized to assist in the preparation and review of necessary documents relating to the Project, to consult with the City Attorney, Developer and the underwriter to the Bonds as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to the City for final approval. 8. Nothing in this Resolution or the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City for this purpose. The Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City except the revenue and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon. The holder of the Bonds shall never have the right to compel any exercise of the taxing power of the City to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereon against any property of the City, except such property as may be expressly pledged for the security of the Bonds. The Bonds shall recite in substance that Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the City within the meaning of any constitutional or statutory or Charter limitation. 9. In anticipation of the approval by all necessary entities of the housing program and the issuance of the Bonds to finance all or a portion of the Project, and in order that completion of the Project will not be unduly delayed when approved, the Developer is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Bonds, as the Developer considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Bonds if any when delivered but otherwise without liability on the part of the City. 10. That the entire resolution is subject to the owner obtaining a rezoning of the property prior to the resolution taking effect. Adopted by the City Council of the City of Andover, Minnesota this 2nd day of September, 1997. !l g. mv~~ LMayor ATTEST: Uw tf& Clerk 3 I STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes related to a resolution granting preliminary approval to the Presbyterian Homes of Andover Project. WITNESS my hand this 2nd day of September, ~997. ~kb City Clerk 359417.1 6 , CITY OF ANDOVER COlJ'NTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 210-91 A RESOLUTION GRANTING THE AMENDED SPECIAL USE PERMIT REQUEST OF RAYMOND BECK TO ALLOW FOR THE OUTDOOR STORAGE OF VEHICLES. SAID VEHICLES SHALL BE SCREENED (SCREENING TO CONSIST OF A SIX [6] FOOT HIGH SOLID WOOD FENCE) SO AS NOT TO BE VISIBLE FROM ADJACENET PROPERTIES AND PUBLIC RlGHT-OF-WAYS ON THE PROPERTY LOCATED AT 13585 THRUSH STREET NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 3, ANDOVER COMMERCIAL PARK. WHEREAS, Raymond Beck has requested an Amended Special Use Permit to allow for the outdoor storage of vehicles on the property located at 13585 Thrush Street NW, legally described as Lot 1, Block 3, Andover Commercial Park. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that the request meets the criteria as stated in the Zoning Ordinance; 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 Amended Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Raymond Beck to provide screening by means of a six (6) foot high solid wood fence for the outdoor storage of vehicles on the property located at 13585 Thrush Street NW, legally described as Lot 1, Block 3, Andover Commercial Park with the following conditions: Conditions (1-4) of Special Use Pennit Resolution 187-94 apply. 5. After close of each business day, all vehicles shall be stored inside a building or screened by means of a solid six (6) foot high wood fence. I' , 6. No outside storage of inoperable, partially dismantled, unlicensed or not currently licensed vehicles shall be allowed. 7. No outside storage of vehicle parts or parts which are kept for the scrapping, dismantling, or salvage of any kind shall be allowed. 8. The maximum number of vehicles to be stored outdoors shall not exceed twenty (20). Adopted by the City Council of the City of Andover on this 2nd day of September, 1997. ATTEST; CITY OF ANDOVER LLU Victoria V olk, City Clerk , r.,?;J, .~v . E. McKelvey, May<ff CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 211-97 A RESOLUTION APPROVING CHANGE ORDER #-1- 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. Adopted by the City Council of the City of Andover this 2nd day of September , 19~, CITY OF ANDOVER ATTEST: t! t, m&~~ fE. McKelvey - Mayor L~ tf,&J Victoria Volk - City Clerk I" CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 212-97 MOTION by Councilmember Ortlel to adopt the following: A RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-8 FOR CHESTERTON COMMONS. WHEREAS, awarding to the low bidder is contingent upon City staff receiving confirmation from the Coon Creek Watershed District that all its requirements for the plat have been met and City staff acknowledging that all requirements by the City for the development have been met. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 190-97, dated August 5, bids were received, opened and tabulated according to law with results as follows: Richard Knutson, Inc. Northdale Construction Burschville Construction $739,245.76 $742,793.19 $743,170.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Richard Knutson. Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Richard Knutson Inc. in the amount of $739,245.76 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 2nd day of September , 19~, with Councilmembers Ortlel. Dehn. Knight. McKelvey Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: 11~; A / Ii;/? Victoria Volk - City Clerk CITY OF ANDOVER J ~, )1J,,- ,f:)d~ U( E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. N0213 -97 A RESOLUTION ADOPTING THE CITY OF ANDOVER 1998 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR AND ESTABLISHING THE PROPOSED BUDGET FOR THE GENERAL FUND. WHEREAS, the preparation and adoption of operating budgets is recognized as sound fmancial practice; and WHEREAS, the City of Andover receives significant fmancial 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, 1997. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 1998 property tax levy totaling $ 3,667,518, of which $ 3,172,835 is for general ~1)erating purposes and is levied against all taxable property within the City of Andover, $16,629 is levied c;ainst property located within the Lower Rum River Watershed District for the City of Andover's share of costs of this organization and $478,054 is for the repayment of bonded indebtedness as follows: 1991 Fire Station Bonds 1994 Certificate of Indebtedness 1995 Certificate of Indebtedness $ 320,775 $ 33,445 $ 123.834 Total $ 478.054 BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the preliminary General Fund budget as follows: REVENUES EXPENDITURES Property Taxes License and Permits Intergovernmental Revenue Charges for Current Services Fines and Forfeits Miscellaneous Revenue Transfers "olal $ 2,904,311 359,215 896,137 483,600 41,300 189,284 171.000 $ 5.044.Bi7 General Government Public Safety Public Works Other $ 1,570,573 1,599,174 1,634,132 240.968 Total ~ Adopted by the City of Andover this 2nd day of September, 1997. CITY OF ANDOVER fl. (. IY;v J0~ :i(E. McKelvey - Mayor ATTEST: Lt-~" d?'b Victoria Volk - City Clerk STATE OF MINNESOTA) COUNTYOFANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution NO.213 -97 adopting the 1998 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 2nd day of September, 1997. LL /;ct Victoria Volk - City Clerk I" ANOKA COUNTY OFFICE OF PROPERTY TAX ADMINISTRATION PAYABLE 1998 TRUTH IN TAXATION CERTIFICATION FORM FOR CITIES District: Public Hearing Date: Time of Meeting: Place of Meeting: Continuation Date: Continuation Time: city of Andover Wednesday, December 3, 1997 7:00 P.M. Andover City Hall Council Chambers . Tuesday, December 16, 1997 7:00 P.M. The "Notice of Proposed Property Tax" sent to each taxpayer contains the following information about where to send comments anellor review a copy of your proposed budget. Please provide it as you want it to appear on that notice. Name or Title: Address: Finance Director 1685 Crosstown Boulevard NW Andover, MN 55304 Phone Number: 612-755-5100 Proposed Pay 1998 Levy: General: Debt: Watershed: Other: Subtotal: Less HACA: Total Tax Cap.-Based Levy Proposed Tax Levy by Referendum/Election: (Mkt. Value-based) Signature of person completing this form: Title: Phone Number: Date: 3,172,835 478,054 16,629 o 3.667,518 462,938 3,204.580 ~~ '" ~ \'\\~ A.V"'.. Finance Director 612-755-5100 September 3. 1997 THIS FORM MUST BE RETURNED TO ANOKA COUNTY PROPERTY TAX ADMINISTRATION BY SEPTEMBER 15, 1997 truth.cert. form.cities CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 214-97 MOTION by Councilmember Orttel to adopt the following: A RESOLUTION AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-6 FOR SHADOWBROOK 2ND ADDITION. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No 170-97 , dated July 15 , 19.[Z, bids were received, opened and tabulated according to law with results as follows: C.W. Houle, Inc. Ryan Contracting, Inc. Northdale Construction $651,896.40 $707,501.03 $743,538.53 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. After that the contract would be awarded to C.W. Houle. Inc. subject to the developer meeting all requirements of all agencies that are outstanding on the plat, and that staff send a letter to the contractor noting that. 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 $651.896.40 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 2.nQ day of September ,19~, with Councilmembers Orttel. Dehn. McKelvey. Knight. Kunza (absent) voting in favor of the resolution, and Counci/members none voting against, whereupon said resolution was declared passed. ~~ Victoria Volk - City Clerk CITY OF ANDOVER 1/ t, me- ~~ i/E. McKelvey - Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 215-97 A RESOLUTION APPROVING A V ARlANCE TO ALLOW MORE THAN ONE (I) PRINCIPAL STRUCTURE ON ONE (I) PARCEL OF LAND FOR A PERlOD UNTIL JUNE 30, 1998 AND TO ALLOW AN ACCESSORY STRUCTURE TO ENCROACH 41.4 FEET INTO THE REQUIRED SIXTY (60) FOOT SETBACK FROM THE FRONT LOT LINE ON THE PROPERTY LOCATED AT 4345 157TH AVENUE NW, LEGALLY DESCRlBED AS UNPLATTED CITY OF ANODVER, THAT PART OF WEST 1/2 OF SE Y. LYING EAST OF ANOKA COUNTY ROAD SECTION 18-32-24 (EXCLUDING PART PLATTED AS ANOKA COUNTY lllGHWAY RlGHT-OF-WAY PLAT NO. 4) (EXCLUDING PART PLATTED AS FOX MEADOWS). WHEREAS, John and Rita Burgeson requested a variance to Ordinance No.8, Section 4.04 which requires that no more than one principal building shall be located on a residential lot and Ordinance No.8, Section 4.05 which requires detached accessory buildings on parcels of one (I) acre of more to be a minimum distance of sixty (60) feet from the front lot line. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined 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 ofthe 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 John and Rita Burgeson to have two (2) principal structures on the same parcel of land and to allow for an accessory structure to encroach 41.4 feet into the required sixty (60) foot setback from the front lot line on the property located at 4345 157th 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 June 30, 1998. Adopted by the City Council of the City of Andover on this.l.61h day of September, 1997. A TIEST: CITY OF ANDOVER tL~ lv-tv Victoria Volk, City Clerk ci ~C~~IV~~YO~~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 216-97 RESOLUTION AUTHORIZING EXECUTION OF SUB-GRANT AGREEMENT . Be it resolved that the City of Andover enter into a Sub-grant Agreement with the Division of Emergency Management in the Minnesota Department of Public Safety for the program entitled Infrastructure Program for FEMA 1 1 87-DR-MINNESOTA. Richard Fursman is hereby authorized to execute and sign such Sub-grant Agreements and amendments as necessary to implement the project on behalf of the City of Andover. I certify that the above resolution was adopted by the City Council of the City of Andover on September 16, 1997. ATTEST: J;;t;~ ;/~ Victoria Volk, City Clerk September 16, 1997 .E. McKelvey, Mayor September 16, 1997 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 217-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 97-33 FOR OVERLAYS. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 194-97 , dated August 19,1997, bids were received, opened and tabulated according to law with results as follows: Bauerly Bros., Inc. Valley Paving Vi-Con $177,926.77 $195,229.10 $203,461.10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Bauerly Bros.. Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Bauerly Bros.. Inc. in the amount of $177.926.77 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 16th day of September , 19..9L, with Councilmembers Knight. Dehn. McKelvey. Kunza. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER a, g. m~t:~7:t tiE. McKelvey - Mayo iz;;~ iUv Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 218-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-1.. AND 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 Maertens Brenny Construction Co. of Mpls. MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change orders to Project No. 96-15. MOTION seconded by Council member Dehn and adopted by the City Council at a regular meeting this 16th day of September, 19 97, with Councilmembers Knight. Dehn. McKelvey. Kunza. Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ct. r. J?lv a~ ::IE McKelvey - Mayo/l li~ I~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 219-97 MOTION by Council member Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...2... TO PRO,IECT 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 reaular meeting this 16th day of September , 19~, with Councilmembers Knight. Dehn. McKelvey. Kunza. Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: y. {. >>Jc-Jr:1.::r; 0.E. McKelvey - Mayor ~tf~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 220-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR PROJECT NO. 96-27 , FOR OAK VIEW MIDDLE SCHOOL TRAIL/HANSON BOULEVARD. WHEREAS, pursuant to Resolution No. 140-97 , adopted by the City Council on the 17th day of June, 19-.--9L, SEH has prepared final plans and specifications for Project 96-27 for Oak View Middle School Trail/Hanson Boulevard. WHEREAS, such final plans and specifications were presented to the City Council for their review on the 16th day of September , 19-91.... NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 16th day of September , 19 97 , with Councilmembers Knight Dehn. McKelvey. Kunza. Ortlel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~, {, );k~~ U.E. McKelvey - Mayor .tL~ Idb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 221-97 A RESOLUTION APPROVING THE EXPENDITURES OFF THE MUNICIPAL STATE AID STREET SYSTEM AND ONTO THE COUNTY STATE AID AND HIGHWAY SYSTEM WITHIN THE CITY OF ANDOVER WHEREAS, it has been deemed advisable and necessary for the City of Andover to participate in the cost of a construction project located on (C.SAH.) No. -.JJL within the limits of said municipality; and WHEREAS, said construction project has been approved by the Commissioner of Transportation and identified in his records as (SAP.) No. 198- 101-09 and 198-020-12 . NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $59.510.74 dollars to apply toward the construction of said property and request the Commissioner of Transportation to approve this authorization. Adopted by the City of Andover this 16th day of September, 1997. CITY OF ANDOVER ATTEST: ~ f. Ja-;f;L liE. McKelvey - Mayor (J ~ JdV Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. 222-97 A RESOLUTION DECLARING A PIT BULL MIX DOG KEPT ON THE PROPERTY LOCATED AT 13808 NORTHWOOD DRIVE AS A "BITING DOG". WHEREAS, several reports of the pit bull mix dog kept on the property located at 13808 Northwood Drive, have been received from the Anoka County Sheriff's Office indicating that the dog has been allowed to run at large; and WHEREAS, the dog did bite a person jogging along the street; and WHEREAS, on September 13, 1997 the dog attempted to attack a child. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Angover to declare a pit bull mix dog kept on the property located at 13808 Northwood Drive as a "biting dog" pursuant to Ordinance 53. Adopted by the City Council of the City of Andover this 16th day of September, 1997. CITY OF ANDOVER Attest; 1. 1. mv j{~ tt E. McKelvey - May fL~ tUv Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R223-97 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF PRESBYTERIAN HOMES OF MINNESOTA FOR A PLANNED UNIT DEVELOPMENT TO DEVELOP A SENIOR HOUSING DEVELOPMENT WITH TWIN/TOWN HOMES, SINGLE FAMIL Y RESIDENTIAL LOTS AND RETAIL USE FOR AN ANTIQUE/CRAFT SALES IN THE ROUND BARN BUILDING ONL Y TO BE KNOWN AS THE SUBDIVISION "THE FARMSTEAD" ON THE PROPERTY LEGALL Y DESCRIBED ON EXHIBIT A. WHEREAS, Presbyterian Homes of Minnesota has requested a Special Use Permit for a Planned Unit Development to develop a senior housing development with twin/town homes, single family residential lots and retail use for antique/craft sales in the Round Barn building only to be know as the subdivision of "The Farmstead" pursuant to ' Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance Regulating Planned Unit Developments on the property legally described on the attached Exhibit A; and Vv1fEREAS. the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03, Special Uses. The Commission finds the proposed use will not be detrimental to the health, safety, morals and general welfare of the occupants of the surrounding lands; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect on the property values and scenic views of the surrounding area; and WHEREAS, the Planning and Zoning Commission finds the request meets the criteria of Ordinance No.8, Section 4.18, Planned Unit Developments and Ordinance No. 112, An Ordinance Regulating Planned Unit Developments; and WHEREAS, a public hearing was held and there was opposition to the request; and WHEREAS, a maximwn density of 144 units is approved; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit. Page Two Resolution Special Use Permit - Planned Unit Development The Farmstead - Presbyterian Homes of Minnesota 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 Presbyterian Homes of Minnesota to develop a Planned Unit Development on said property with the following conditions: 1. That 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. 3. The Special Use Permit for the Planned Unit Development shall be contingent on the approval of the preliminary plat of "The Farmstead". Adopted by the City Council of the City of Andover on this 16th September .1997. day of CITY OF ANDOVER ATTEST cL~/ a4 Victoria Volk, City Clerk Exhibit A Lots 1-5, Block 3, Woodland Creek Addition and Lot 1, Block 4, Andover Community Shopping Center and The south 487.38 of the west 715 feet of the Southeast Quarter of the Northeast Quarter of Section 32, Township 32, Range 24, Anoka County, Minnesota. Except roads. Subject to easements of record, ifany. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R224-97 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PLANNED UNIT DEVELOPMENT OF "THE FARMSTEAD" BY PRESBYTERIAN HOMES OF MINNESOTA LOCATED IN SECTION 32, 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: I. The developer obtains all necessary permits from the Coon Creek Watershed District, Lower Rum River Watershed Management Organization, DNR, Corps of Engineers, LGU, MPC.A and any other agency that may be interested in the site. 2. Bikeway/walkway construction along right-of-way of Bunker Lake Boulevard NW (Cost share of 50/50 split between developer and City). 3. Dedication of right-of-way for Bunker Lake Boulevard NW. 4. Contingent upon approval of the Special Use Permit for the Planned Unit Development. 5. Address TKDA comments the satisfaction of the City. 6. Address Engineering Department comments to the satisfaction of the City. 7. Park dedication per Ordinance No. 10, Section 9.07. 8. The owner shall dedicate all easements at the time of the final plat. 9. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines. 10. The restrictive covenants existing on the replatted lots of Lots 1-5, Block 3, Woodland Creek shall be recorded and enforced with the plat of "The Farmstead". Adopted by the City Council of the City of Andover this 16th September , 19...!lL-. day of ATllL '..tV Victoria Volk, City Clerk CITY OF ANDOVER 1/ t. }l! v k,!:7 ff.E. McKelvey, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 225-97 A RESOLUTION GRANTING THE VARIANCE REQUEST OF MICHAEL BAHN TO ORDINANCE NO.8, SECTION 4.21 WHICH REQUIRES A FOUR (4) FOOT HIGH FENCE TO BE LOCATED IN TIfE MINIMUM FRONT YARD SETBACK AND TO ALLOW FOR TIfE PLACEMENT OF A SIX (6) FOOT HIGH WOOD FENCE TO BE LOCATED IN THE MINIMUM REQUIRED FRONT YARD SETBACK ON THE PROPERTY LOCATED AT 13313 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS: Lot 1, Block I, Weises Second Addition; Excluding Part Platted as Woodland Terrace 5th Addition; Subject to Easement of Record. . WHEREAS, Michael Bahn requested a variance to Ordinance No.8, Section 4.21 which requires a four (4) foot high fence to be located in the minimum required front yard setback and to allow for the placement of a six (6) foot high (wood) fence to be located in the minimum front yard setback on the property located at 13313 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 of Ordinance No.8, Section 5.04 in that a hardship exists due to the difficulties which would preclude the property owner reasonable use of the property; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance requested 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 Pianning and Zoning Commission and hereby approves the variance requested by Michael Bahn to allow for the placement of a six (6) foot high (wood) fence to be located in the minimum required front yard setback on the property located at 13313 Round Lake Boulevard NW, legally described above. Adopted by the City Council of the City of Andover on this 7th day of October, 1997. ATTEST: CITY OF ANDOVER ~~ d-tb ~ ~, /J4){J!? (7E. McKelvey, Mayor Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 226-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN AND SANITARY SEWER, PROJECT 95- 14. CROOKED 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 $664.369.00, with the assessable watermain amount of $148200.00 and sanitary sewer amount of $3.800.00 so that the total cost of the improvement will be $812.569.00. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 512.569.00 the amount to be assessed against benefited property owners is declared to be $ 151.800.00 . 2. Assessments shall be deferred. Upon change of the assessment from deferred to active the installments shall be extended over a .1Q year period and bear an interest rate of 1 percent per annum. 3. Upon request of the property owner 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 7th day of October, 19~, with Councilmembers Knight. Dehn. McKelvey. Kunza. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER IE- ~, mC/ j(~ .E. McKelvey - Mayor u;u~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 227-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN, FOR PROJECT 96-25, 14139 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 $ 8.133.95 so that the total cost of the improvement will be $ 8.13395 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 $ 8.133.95 2. Assessments shall be payable in equal annual installments extending over a period of Ji... years. The first of the installments to be payable on or before the 1st Monday in January 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 Dehn and adopted by the City Council at a regular meeting this..11L day of October , 19~, with Council members Knight. Dehn. McKelvey Kunza Orttel favor of the resolution, and Councilmembers none voting in voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER {J, {. /1l"K~ kfE. McKelvey - Mayo .~ddb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 228-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, FOR PROJECT 96-29,3448 - 142ND AVENUE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 4267.35 so that the total cost of the improvement will be $ 4.267.35 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- the amount to be assessed against benefited property owners is declared to be $ 4267.35 2. Assessments shall be payable in equal annual installments extending over a period of Ji... years. The first of the installments to be payable on or before the 1 st Monday in January 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 Council member Dehn and adopted by the City Council at a regular meeting this..11L day of October , 19~, with Councilmembers Knight. Dehn. McKelvey. Kunza. Orttel favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. voting in ATTEST: CITY OF ANDOVER jl (, )Jk~~ U'E. McKelvey - Mayo ~d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 229-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER FOR PROJECT 97-18, 752 - 140TH LANE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 2.508.20 so that the total cost of the improvement will be $ 2 508.20 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 $ 2 508.20 . 2. Assessments shall be payable in equal annual installments extending over a period of Ji... years. The first of the installments to be payable on or before the 1st Monday in January 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 Dehn and adopted by the City Council at a regular meeting this ..11L day of October ,19~, with Councilmembers Knight. Dehn. McKelvey. Kunza. Orttel favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. voting in ATTEST: CITY OF ANDOVER >>. f nt~ UE. McKelvey - Mayor ~d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 230-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN, FOR PROJECT 97-22, 1736 ANDOVER BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 7.177.52 so that the total cost of the improvement will be $7.177.52. 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 $ 7.177.52 . 2. Assessments shall be payable in equal annual installments extending over a period of Ji... years. The first of the installments to be payable on or before the 1 st Monday in January 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 Dehn and adopted by the City Council at a regular meeting this ..11L day of October ,19~, with Councilmembers Knight. Dehn. McKelvey. Kunza. Orttel favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. voting in ATTEST: CITY OF ANDOVER (j, f me. )( d~ GYE. McKelvey - Mayor u~/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 231-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF WATERMAIN ,PROJECT NO. 97-38, IN THE AREA OF 14056 RAVEN STREET NW. WHEREAS, the City Council has received a petition, dated September 22. 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 the City Engineer 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 7th day of October, 1997, with Councilmembers Knight. Dehn McKelvey. Kunza. Orttel voting in favor of the resolution, and Council members none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j), r:.. me- )lob vE. McKelvey - Mayor Lt:. . { . ~ I/rt!b- Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 232-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ AND CHANGE ORDER M 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 orders to Project No. 96-15. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 7th day of October , 19~, with Councilmembers Knight Dehn. McKelvey. Kunza. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~,f. >>70/ J~ .E. McKelvey - Mayo (l~L;:~/ (/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 233-97 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 Fabcon. Inc. of Savage. 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 October , 19~, with Councilmembers Knight. Dehn. McKelvey. Kunza. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: (). r /J7c.-!ll~ CY.'E. McKelvey - May L~ Ifv-tb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 234-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...1.. TO PROJECT NO. 96-26. SY:, OF SWv. OF SECTION 22 (WOODLAND ESTATES) TRUNK UTILITIES. WHEREAS, the City of Andover has a contract for Project No. 96-26 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. 96-26. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 7th day of October, 19~, with Councilmembers Knight. Dehn. McKelvey. Kunza. Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: l { JJ;v~~ {,J. E. McKelvey - May tL~~ d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 235-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO CW. HOULE. INC. FOR PROJECT NO. 96-26 FOR THE IMPROVEMENT OF SY:, OF SWv. OF SECTION 22 (WOODLAND ESTATES). WHEREAS, pursuant to a written contract signed with the City of Andover on _ May 20 ,19 97, 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 under said contract 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 on such contract, 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 October, 19~, with Councilmembers Knight. Dehn. McKelvey Kunza Orttel voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: /). f. m~ J1~~ (j. E. McKelvey - Mayor d tL~t!,,$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 236-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF DELINQUENT SEWER, WATER AND/OR STREET LIGHT CHARGES' WHEREAS, in accordance with City Ordinances 32, 55 and 86 a listing of delinquent sewer, water and/or street light charges has been prepared. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER,MINNESOTA: 1. A hearing shall be held the 4th day of November, 1997, 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 City Council at a regular meeting this De h n and adopted by the 7st day of October ,19~, with ATTEST: Councilmembers Kunz a. Ort tel. McKe 1 vey, Deh n, Kni gh t voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER y, t. JllG)(~ <4.E. McKelvey - Mayor ~d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 237-97 MOTION by Councilmember Knight 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 $ 66,684.64 exist as of September 30. 1997; 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 $ 66,684.64 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 1998, 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 pr par~1 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 Council member Dehn City Council at a reaular meeting this 7st day of with and adopted by the October ,19 97 , Council members Kunza. . Dehn.. ~ f McKe 1 vey. Ort te 1, Knlght, voting In ,avor 0 the resolution, and Council members None against, whereupon said resolution was declared passed. voting ,./ 'J..-. (/1# ~~ (),rU/ c.- .E. McKelvey - Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 238-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION AUTHORIZING MUNICIPAL WELL OPTIMIZATION STUDY, PROJECT NO. 97-39. WHEREAS, the City Council is cognizant of the need for the Municipal Well Optimization Study: and NOW, THEREFORE BE IT RESOLVED by the City Council to order the Municipal Well Optimization Study. Project 97-39; and BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of_ TKDA to prepare the study for such project. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this ....11tL day of October , 19~, with Councilmembers Dehn. Knight. McKelvey Orttel. Kunza voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Q. ~ ' me- r~1t IE. McKelvey - May b~ tf~ Victoria Volk - City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA HELD: October 7, 1997 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held on the 7th day of October, 1997, 7:00 p.m. The following members of the Council were present: Kunza, Orttel, McKelvey, Knight, Dehn and the following were absent: None Member Orttel introduced the following resolution and moved its adoption: 239-97 RESOLUTION ADOPTING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. I, AND APPROVING THE ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1-3 THEREIN AND ADOPTING THE TAX INCREMENT FINANCING PLAN THEREFOR WHEREAS: A. The City of Andover, Minnesota (the "City"), has heretofore on July 29, 1986, established Development District No. 1 and it has been proposed that the City adopt a Modification to the Development Program therefor, and establish Tax Increment Financing District No. 1-3 therein and adopt a tax increment financing plan therefor under the provisions of Minnesota Statutes, Sections 469.124 to 469.134 and 469.174 to 469.179 (collectively, the "Act"); and B. The City Council has investigated the facts and has caused to be prepared a proposed Modification to the Development Program for Development District No.1, and has caused to be prepared a proposed tax increment financing plan for Tax Increment Financing District No. 1-3; and C. The City has performed all actions required by law to be performed prior to the establishment of Tax Increment Financing District No. 1-3, and adoption of the proposed modification to the development program and tax increment financing plan therefor, including, but not limited to, notification of Anoka County and Independent School District No. 11 having taxing jurisdiction over the property to be included in Tax Increment Financing District No. 1-3 and the holding of a ./ 361669.1 7. Filinq. The City Clerk is further authorized and directed to file a copy of the Modification to the Development Program and Tax Increment Financing Plan for Tax Increment Financing District No. 1-3 with the Commissioner of Revenue. 8. Administration. The administration of Development District No. 1 remains assigned to the City Administrator who shall from time to time be granted such powers and duties pursuant to Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate. The motion for the was duly seconded by member taken thereon, the following adoption Dehn voted in of the foregoing resolution and upon vote being favor thereof: Knight, Kunza, Orttel, McKelvey,Dehn and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. ~ 361669.1 4 public hearing upon published and mailed notice as required by law; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Andover as follows: 1. Develooment District No.1. The City of Andover is not modifying the boundaries of Development District No.1. 2. Modification to the Development Proqram. The modification to the development program for Development District No.1, a copy of which is on file in the office of the City Clerk, is adopted as the Modification to the Development Program for Development District No.1. 3. Tax Increment Financinq District No. 1-3. There is established in the City of Andover within Development District No. 1 a tax increment financing district, the initial boundaries of which are fixed and determined as described in the Tax Increment Financing Plan. 4. Tax Increment Financinq Plan. The Tax Increment Financing Plan is adopted as the tax increment financing plan for Tax Increment Financing District No. 1-3, and the City Council makes the following findings: (a) Tax Increment Financing District No. 1-3 is a housing district as defined in Minnesota Statutes, Section 469.174, Subd. 11, the specific basis for such determination being that the one hundred forty (140) unit multifamily rental housing development to be undertaken by Presbyterian Homes Housing and Assisted Living, Inc. consists of a project, or a portion of a project, intended for occupancy, in part, by persons or families of low and moderate income, as defined in chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of those acts. (b) The proposed redevelopment in the op1n1on of the City Council, would not occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary. oj The reasons supporting this finding are that: Presbyterian Homes Housing and Assisted Living, Inc. has represented to the City that it would not undertake the project in Andover without the. City's use of tax increment financing. Private investment will not finance these development activities because of 361669.1 2 prohibitive costs. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within Municipal Development District No.1. (c) The Tax Increment Financing Plan for Tax Increment Financing District No. 1-3 conforms to the general plan for development or redevelopment of the City of Andover as a whole. The reasons for supporting this finding are that: (i) Tax Increment Financing District No. 1-3 is properly zoned; and (ii) The Tax Increment Financing Plan will generally compliment and serve to implement policies adopted in the City's comprehensive plan. (d) The Tax Increment Financing Plan will afford maximum opportunity, consistent with the sound needs of the City of Andover as .a whole, for the development or redevelopmen~ of Development District No. 1 by private enterprise. The reasons supporting this finding are that: The development activities are necessary so that development and redevelopment by private enterprise can occur within Development District No.1. 5. Public Purpose. The adoption of the Modification to the Development Program for Development District No.1, and the adoption of the Tax Increment Financing Plan for Tax Increment Financing District No. 1-3 conform in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State which is already built up to provide employment opportunities to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. 6. Certification. The Auditor of Anoka County is requested to certify the original net tax capacity of Tax Increment Financing District No. 1-3 as described in Tax Increment Financing Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Clerk is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within Tax Increment Financing District No. 1-3 for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. / 361669.1 3 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract. of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the establishment of Tax Increment Financing District No. 1-3 in the City. WITNESS my hand this 7th day of October, 1997. ! LL~/ r!~ City Clerk ) 361669.1 5 Tax Increment Financing District Certification Request Supplement j 1. TIF District Location (Municipality/County): Andover. Anoka County. Minnesota. 2. TIF District Name & Number: TIF District No. 1-3 of the City of Andover 3. I!I New District D District Expansion D Hazardous Substance Subdistrict 4. District Type: a. D Redevelopment (M.S. 469.174, Subd. 10). Maximum Duration: 25 years of tax increments. b.oo Housing (M.S. 469.174, Subd. 11). Maximum Duration: 25 years of tax increments. c. D Mined Underground Space (M.S. 469.174, Subd. 13). Maximum Duration: 25 years of tax increments. d. D Renewal and Renovation (M.S. 469.174, Subd. lOa). Maximum Duration: 15 years of tax increments. e. D Housing Replacement (1995 Laws, Chapter 264, Article 5, Sections 44-47). Maximum Duration: 15 years of tax increments from each parcel. I f. D Soils Condition (M.S. 469.174, Subd. 19). Maximum Duration: Tax increments may be received for 12 years from the approval of the tax increment plan by the municipality. g. D Economic Development (M.s. 469.174, Subd. 12). Maximum Duration: In the 11 year period following the approval of the tax . increment plan by the municipality, 9 years of tax increment may be received. 5. If the district is a Redevelopment, Housing or a Hazardous Substance Subdistrict, is the minimum market value tax increment delay option elected (M.S. 469.175, Subd. 1, Paragraph (b))? D Yes 00 No 6. Does the district have extended duration limits provided by a special law? DYes I!I No If yes, law citation: 7. Does the district's plan provide for any sharing of captured net tax capacity with the local taxing districts (M.S. 469.177, Subd. 2, Paragraph (a))? DYes I!I No J 361669.1 8. Does the district's Indn provide for its captured net tax capacity to be reduced by the fiscal disparity contribution (M.S. 469.177, Subd. 3)? (Seven Metropolitan County and Taconite Tax Relief Area County Only) Not Applicable. o Yes (Clause B Option) o No (Clause A Option) 9. Does the aid reduction provision apply to this district (M.S. 273.1399)? o Yes l!JNo If no, what is the basis for the exemption? a. l!J b. o c. o d. o o e. f. o J Qualified Housing District (M.s. 273.1399, Subd. I, Paragraph (c) and Subd. 6, Paragraph (c)). Housing Replacement District (1995 Laws, Chapter 264, Article 5, Section 47). Ethanol Production Facility (M.S. 273.1399, Subd. 6, Paragraph (b)). Agricultural Processing Facility (M.S. 273.1399, Subd. 7). Municipal Local Contribution Election (M.S. 273.1399, Subd. 6, Paragraph (d)). . Special Law. Law Citation; 10. Date the district plan was approved by the municipality; October 7. 1997 11. District contact person; Name; Dick Fursman Phone; 612-755-5100 Address; City of Andover Signature; Date; Note; All statute references are as amended by Laws 1995, Chapter 264, Article 5, and Laws 1996, Chapter 471, Article 7. County Auditor Use Only 12. Certification Request Date; 13. Certification Date; 14. Original Value and Tax Rate Year; Taxes Payable ) 361669.1 Page 2 / I -) MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-3 CITY OF ANDOVER, MINNESOTA ADOPTED: October 7, 1997 This document was drafted by: BRIGGS AND MORGAN, Professional Association 2200 First National Bank Building 332 Minnesota Street St. Paul, Minnesota 55101 Financia+ Information provided by: Juran & Moody 1100 Minnesota World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101-2091 361669.1 TABLE OF CONTENTS '\ , paoe ARTICLE I - DEFINITIONS AND EXHIBITS Section 1.01. Definitions Section 1.02. Exhibits . . . . 1 1 2 ARTICLE II - THE MODIFICATION TO THE DEVELOPMENT PROGRAM 3 Section 2.01. Statement of Need and Public purpose 3 Section 2.02. Statutory Authority. . . . . . . . 3 Section 2.03. Increase Estimates for Public Costs and Budget . . . . . . . . . . . 4 ARTICLE III - THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-3 5 Section 3.01. Statement of Objectives. . . . . . 5 Section 3.02. Statement of Development Program 5 Section 3.03. Parcel(s) to be Included in Tax Increment Financing District No. 1-3 5 Section 3.04. property to be Acquired. . . . . . . 5 Section 3.05. Development Activity in the Development District for which Contracts Have Been Signed . . . . . . . . . . . . . . .. 5 Section 3.06. Other Specific Development Expected to Occur Within The Development District . 5 Section 3.07. Estimated Public Costs . . . . . . .. 5 Section 3.08. Estimated Amount of Bonded Indebtedness 5 Section 3.09. Sources of Revenue . . . . . . . . 6 Section 3.10. Estimated Recent Net Tax Capacity. 6 Section 3.11. Estimated Captured Net Tax Capacity and Computation of Tax Increment 6 Section 3.12. Type of Tax Increment Financing District .. . . . . . . . ... 7 Section 3.13. Duration of Tax Increment Financing District No. 1-3 ........ 7 Section 3.14. Estimated Impact of Tax Increment Financing . . . . . . . . . . . . . 7 Section 3.15. Cash Flow and Other Financial Analysis 8 Section 3.16. Use of Tax Increment . . . . . . . .. 8 Section 3.17. Prior Planned Improvements . . . . .. 8 Section 3.18. Modifications of Tax Increment Financing Districts . . . . . . . . . . . . . .. .9 Section 3.19. Limitation on Administrative Expenses. 9 Section 3.20. Limitation on Duration of Tax Increment Financing Districts . . . . . . . . .. 10 Section 3.21. Limitation on Qualification of Property in Tax Increment Financing Districts Not. Subject to Improvement . . . . 10 Section 3.22. Excess Tax Increments. . . . . 10 Section 3.23. Administration of Tax Increment Financing District No. 1-3 11 Section 3.24. Annual Disclosure Requirements 11 361669.1 Section 3.25. Reasonable Expectations . . . . . . . . 13 'J Section 3.26. Restriction on Pooling; Five Year Limit 13 Section 3.27. Other Limitations on the Use of Tax Increment . . . . . . . . . . . . 13 Section 3.28. Use of Tax Increment from Housing Districts . . . . . . . . . 14 Section 3.29. Income Requirements . . . . 14 Section 3.30. Qualified Housing District 14 Section 3.31. Wage and Job Goals . . . . 14 361669.1 ARTICLE I ') DEFINITIONS AND EXHIBITS Section 1.01. Definitions. The terms defined below have, for purposes of this Development Program and Tax Increment Financing Plan, the meanings herein specified, unless the context specifically requires otherwise: "City" means the City of Andover, a municipal corporation and political subdivision of the State of Minnesota. "City Council" means the City Council of the City. "County" means Anoka County, Minnesota. "Development District Act" means Minnesota Statutes, Sections 469.124 through 469.134, as amended and supplemented from time to time. "Development District" means Development District No. 1 of the City, the boundaries of which are described on the attached Exhibit A. "Development Proaram" means the Development Program for the Development District, initially adopted by the City Council on July 29, 1986, as the same may, from time to time, be further amended or supplemented. "Governina Body" means the duly elected City Council. "Land Use Reaulations" means all federal, state and local laws, rules, regulations, ordinances and plans relating to or goyerning the use or development of land in the City, including but not limited to environmental, zoning and building code laws and regulations. "Municipality" means any city, however organized. "Public Costs" means the repayment of debt service on any Tax Increment Bonds and the costs set forth in Sections 3.07 and 3.16 of the Tax Increment Financing Plan, and any other costs eligible to be financed by Tax Increments under Minnesota Statutes, Section 469.176, subdivision 4. "State" means the State of Minnesota. "Tax Increment Bonds" means any tax increment bonds issued by the City to finance the Public Costs of the Development District as stated in the Development Program and in the Tax Increment Financing Plan, and any obligations issued to refund i such bonds. 361669.1 ) "Tax Increment Financina District" means any tax increment financing district presently established or to be established in the future in the Development District. "Tax Increment Financina Act" means Minnesota Statutes,. Sections 469.174 through 469.179, both inclusive, as amended and supplemented from time to time. "Tax Increment Financing Plan" means the respective Tax Increment Financing Plan for each Tax Increment Financing District located within the Development District. "Tax Increments" means the tax increments derived from the Tax Increment Financing District. Section 1.02. attached to and by program: Exhibits. The following exhibits are reference made a part of this Development Exhibit A: Map of Development District No.1; Description of Tax Increment Financing District No. 1-3; Estimated Project Costs; Impact of Tax Increment Financing District No. 1-3 on Other Taxing Jurisdictions; and Cash Flow Projections and Other Financial Data relating to Tax Increment Financing District No. 1-3. Exhibit B: Exhibit C: Exhibit D: Exhibit E: 361669.1 2 I ARTICLE II THE MODIFICATION TO THE DEVELOPMENT PROGRAM ) Section 2.01. Statement of Need and Public Purpose. The City Council of the City has determined that there is a need for the City to take certain actions designed to encourage, ensure and facilitate development and redevelopment by the private sector of under utilized and unused land located within the corporate limits of the City in order to provide additional employment opportunities for residents of the City and the surrounding area, to improve the tax base of the City, the County and Independent School District No. 11 (the "School District") thereby enabling them to better utilize existing public facili- ties and provide needed public services, and to improve the general economy of the City, the County, and the State. Specifically, the City Council has determined that the property within the Development District is either under utilized or unused due to a variety of factors, including inadequate public improvements to serve the property; which has resulted in a lack of private investment; that, as a result, the property is not providing adequate employment opportunities, and is not contribu- ting to the tax base and general economy of the City, the School District, the County and the State to its full potential; and, therefore, that it is necessary for the City to exercise its authority under the Development District Act and the Tax Increment Financing Act to develop, implement and finance a program designed to encourage, ensure and facilitate the commercial development and redevelopment of the property located in the Development District, to further and accomplish the public purposes specified in this paragraph. The development proposed for the Development District would not occur solely through private investment in the foreseeable future; the Tax Increment Financing Plan proposed herein is consistent with the Development Program; and the Tax Increment Financing Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the property located in the Development District by private enterprise. The'welfare of the City, the County and the State of Minnesota requires active promotion, attraction, encouragement and development of economically sound industry and commerce by the City. Section 2.02. Statutory Authority. The Development District Act authorizes the City, upon certain public purpose findings by the City Council, to establish and designate development districts within the City and to establish, develop and administer development programs therefor to meet the needs and accomplish the public purposes specified in Section 2.01. In 361669.1 3 ~ accordance with the purposes set forth in Section 469.~24 of the Development District Act, the City Council has established the Development District comprising the area described on the attached Exhibit A and has adopted this Development Program therefor. The Tax Increment Financing Act authorizes the City, upon certain findings by the City Council, to establish and designate tax increment financing districts within the Development District and to adopt and implement a tax increment financing plan to accomplish the Development Program established for the Development District. In accordance with the Tax Increment Financing Act, the City has established Tax Increment Financing District No. ~-3 in the Development District as a housing district described in Section 469.~74 subdivision ~~, and has adopted therefor the Tax Increment Financing Plan set forth in Article III hereof, which provides for the use of tax increment financing to finance the cost of qualified public activities and improvements in the Development District, as specified in the Development Program and the Tax Increment Financing Plan. Section 2.03. Increase Estimates for Public Costs and Budqet. The additional costs estimated to be incurred by the City, directly or indirectly, in carrying out the Development Program, as modified are amended to include the Public Costs set forth in the Tax Increment Financing Plan. 361669.1 4 ) ARTICLE III THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-3 Section 3.01. Statement of Obiectives. See Section 2.01 of the Development Program entitled Statement of Need and Public Purpose and Section 3.01 entitled Statement of Objectives for the Development District. Section 3.02. Statement of Development Proaram. The Statement of the Development Program for the Development District is set forth in Articles II and III hereof. Section 3.03. Parcel(s) to be Included in Tax Increment Financinq District No. 1-3. Tax Increment Financing District No. 1-3 is described on the attached Exhibit B and includes the parcel identification number(s) or legal description set forth on the attached Exhibit B. Section 3.04. Property to be Acauired. The City does not intend to acquire any property within Tax Increment Financing District No. 1-3 as the developer currently owns the land within Tax Increment Financing District No. 1-3. The City may reimburse the Developer for land acquisition. Section 3.05. Development Activitv in the Development District for which Contracts Have Been Siqned. The City intends to enter into a Development Agreement with Presbyterian Homes Housing and Assisted Living, Inc. with respect to the construction of an approximately one hundred forty (140) unit multifamily elderly rental housing facility. Section 3.06. Other Specific Development Expected to Occur Within The Development District. It is anticipated that develop- ment will occur within the Development District. Additional development may occur in the Development District in the future; however, no contracts have been entered into at this time with respect to such development. The nature and timing of further development cannot accurately be predicted at this time. Section 3.07. Estimated Public Costs. The estimated total Public Costs to be paid from Tax Increments is described in Exhibit C. Section 3.08. Estimated Amount of Bonded Indebtedness. It is anticipated that Tax Increment Bonds will not be issued to finance the estimated Public Costs of the Development Program. The City intends to utilize 100% of the available Tax Increments to finance said Public Costs. The City, however, reserves the right to issue bonds estimated not to exceed $6,138,194 to \ 361669.1 5 ) finance said Public Costs. Such Public Costs will be paid from sources described in Section 3.09 hereof. Section 3.09. Sources of Revenue. The revenues to pay the Public Costs of the Development District are the proceeds of the Tax Increments and any other available sources of revenue which the City may apply to pay Public Costs. Section 3.10. Estimated Recent Net Tax Caoacitv. The estimated net tax capacity of all taxable property in Tax Increment Financing District No. 1-3 as most recently certified by the Commissioner of Revenue of the State of Minnesota, being the certification made in 1997 with respect to the net tax capacity of such property as of January 2, 1997, for taxes payable in 1998 is estimated to be $29,000. Section 3.11. Estimated Caotured Net Tax Caoacitv and Computation of Tax Increment. Each year the County Auditor will measure the amount of increase or decrease in the total net tax capacity value of Tax Increment Financing District No. 1-3 to calculate the Tax Increments payable to the City. In any year in which there is an increase in total net tax capacity in Tax Increment Financing District No. 1-3 above the original net tax capacity, Tax Increments will be payable to the City. In any year in which the total net tax capacity in Tax Increment Financing District No. 1-3 declines below the net tax capacity, no net tax capacity will be captured and no tax increment will be payable. ) The County Auditor shall certify in each year after the date the original net tax capacity was certified, the amount the net tax capacity has increased or decreased as a result of: 1. change in tax exempt status of property; 2. reduction or enlargement of the geographic boundaries of the district; 3. change due to stipulations, adjustments, negotiated or court-ordered abatements. Upon completion of the development expected to occur in Tax Increment Financing District No. 1-3 the City estimates the net tax capacity of taxable property in Tax Increment Financing District No. 1-3 will be approximately $258,832. The captured net tax capacity upon completion of development is expected to be approximately $229,832. The Tax Increments will be captured for up to 25 years from receipt of the first Tax Increments or until the Public Costs described in the Tax Increment Financing Plan have been paid. The City elects to retain no Tax Increment that is payable 1998. The City determines that 100% of the available increase in net tax 361669.1 6 ) capacity from Tax Increment Financing District No. 1-3 shall be used for the repayment of the Tax Increment Bonds, and payment of Public Costs of the Development District in accordance with the Development Program and Tax Increment Financing Plan. Section 3.12. TYpe of Tax Increment Financinq District. Pursuant to Section 469.174, Subdivision 11 of the Act, the City has determined that Tax Increment Financing District No. 1-3 qualifies as a "housing district". ) "Housing district" means a type of tax increment financing district which consists of a project, or a portion of a project, intended for occupancy, in part, by persons or families of low and moderate income, as defined in Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal, state, or municipal legislation, or the regulations promulgated under any of these acts. A project does not qualify under this subdivision if the fair market value of the improvements which are constructed for commercial uses or for uses other than low and moderate income housing consists of more than 20 percent of the total fair market value of the planned improvements in the development plan or agreement. The fair market value of the improvements may be determined using the cost of construction, capitalized income, or other appropriate method of estimating market value. The City Council has found that all of these facts exist. Section 3.13. Duration of Tax Increment Financinq District No. 1-3. The Act allows "housing districts" to remain in existence for a period of 25 years from the receipt of the first Tax Increments. Therefore, Tax Increment Financing District No. 1-3 may remain in effect until 25 years from the receipt of the first Tax Increments or until the Public Costs described in the Tax Increment Financing Plan have been paid. The first Tax Increments are expected to be received in 1999. Section 3.14. Estimated Impact of Tax Increment Financinq.. The estimated impact of Tax Increment Financing District No. 1-3 on the other taxing juriSdictions is set forth on Exhibit D. In accordance with Minnesota Statutes, Section 469.175, Subdivision 1, clause (b), alternative estimates of the impact have been made, assuming in one case that the captured net tax capacity would be available without creation of the district and in the other case that none of the captured net tax capacity would be available without creating the district. \ 361669.1 7 ') Section 3.15. Cash Flow and Other Financial Analvsis. See Exhibit E attached hereto. Section 3.16. Use of Tax Increment. The City hereby determines that it will use 100% of the captured net tax capacity of taxable property located in Tax Increment Financing District No. 1-3 for the following activities: 1. To pay principal and interest on the Tax Increment Bonds. 2. To pay principal and interest on any loans, advances or other payments made to the City or for the benefit of the Development District by the Developer. 3. To finance or otherwise pay Public Costs of the Development District. 4. To finance or otherwise pay premiums and other costs for insurance, credit enhancement, or other security guaranteeing the payment when due of principal and interest on the Tax Increment Bonds or bonds issued pursuant to the Tax Increment Financing Plan or pursuant to Minnesota Statutes, Chapter 462C and Minnesota Statutes, Sections 469.152 to 469.165, or both. ) 5. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the Tax Increment Bonds or bonds issued pursuant to Minnesota Statutes, Chapter 462C and Minnesota Statutes, Sections 469.152 to 469.165, or both. 6. To payor finance Public Costs described in the Development Program and Tax Increment Financing Plan. 7. To finance other Public Costs as may be allowed by the Tax Increment Financing Act. These revenues shall not be used to circumvent levy limitations applicable to the City nor for other purposes prohibited by Section 469.176, Subdivision 4 of the Tax Increment Financing Act. Section 3.17. Prior Planned Improvements. The City shall, after due and diligent search, accompany its request for certification to the County Auditor or its notice of district enlargement with a listing of all properties within Tax Increment Financing District No. 1-3 for which building permits have been issued during the eighteen (18) months immediately preceding approval of the Tax Increment Financing Plan by the City. The County Auditor shall increase the original net tax capacity of Tax Increment Financing District No. 1-3 by the net tax capacity of the improvements for which the building permit was issued. 361669.1 8 ) \ Section 3.18. Modifications of Tax Increment Financinq Districts. In accordance with Minnesota Statutes, Section 469.175, Subdivision 4, any reduction or enlargement of the geographic area of the Development District or Tax Increment Financing District No. 1-3, increase in amount of bonded indebtedness to be incurred, including a determination to increase the amount of capitalized interest on debt to be paid on the Tax Increment Bonds over the amount shown in this Tax Increment Financing Plan, or to increase or decrease the amount of interest on the debt to be capitalized, increase the portion of the captured net tax capacity to be retained by the City, increase in total estimated Public Costs or designation of additional property to be acquired by the City shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the Tax Increment Financing Plan. The geographic area of a Tax Increment Financing District may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a housing district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of section 469.174, subdivision 11 must be documented. The requirements of this paragraph do not apply if (1) the only modification is elimination of parcels from the project or district and (2) (A) the current tax capacity of the parcels eliminated from the district equals or exceeds the tax capacity of those parcels in the district's original tax capacity or (B) the authority agrees that, notwithstanding Section 469.177, subdivision 1, the original tax capacity will be reduced by no more than the current tax capacity of the parcels eliminated from the district. The authority must notify the county auditor of any modification that reduces or enlarges the geographic area of a district or a project area. Section 3.19. Limitation on Administrative Expenses. In accordance with Minnesota Statutes, Section 469.174, Subdivision 14 and Minnesota Statutes, Section 469.176, Subdivision 3, administrative expenses means all expenditures of an authority other than amounts paid for the purchase of land or amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected with the physical development of the real property in the district, relocation benefits paid to or services provided for persons residing or businesses located in the district or amounts used to pay interest on, fund a reserve for, or sell at a discount bonds issued pursuant to Section 469.178. Administra- tive expenses includes amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. No Tax Increments shall be used to pay any administrative expenses for a project which exceed ten percent of the total expenditures authorized by the Tax Increment Financing Plan or the total Project Costs, whichever is less. 361669.1 9 -) Section 3.20. Limitation on Duration of Tax Increment Financinq Districts. Pursuant to Minnesota Statutes, Section 469.176, Subdivision 1(d), . . ."no tax increment shall be paid to an authority for a tax increment district after three years from the date of certification of the original net tax capacity of the taxable real property in the district by the county auditor. . unless within the three-year period (1) bonds have been issued pursuant to section 469.178, or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to sections 469.152 to 469.165, or (2) the authority has acquired property within the district, or (3) the authority has constructed or caused to be constructed public improvements within the district." Section 3.21. Limitation on Oualification of Prooertv in Tax Increment Financing Districts Not Subject to Improvement. Pursuant to Minnesota Statutes, Section 469.176, Subdivision 6, "if, after four years from the date of certification of the original net tax capacity of the tax increment financing district..., no demolition, rehabilitation or renovation of property or other site preparation, including qualified improve- ment of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced, and the county auditor shall certify the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district." The City must submit to the county auditor evidence that the required activity has taken place for each parcel in the tax increment financing district. The evidence for a parcel must be submitted by February 1 of the fifth year following the year in which'the parcel was certified as included in the district. Section 3.22. Excess Tax Increments. Pursuant to Minnesota Statutes, Section 469.176, Subdivision 2, in any year in which the Tax Increments exceeds the amount necessary to pay the Public Costs authorized by the Development Program and Tax Increment Financing Plan, inclUding the amount necessary to cancel any tax levy as provided in Minnesota Statutes, Section 475.61, Subdivision 3, the City shall use the excess amount to": \ 1. prepay the outstanding Tax Increment Bonds; 361669.1 10 ) thereto; 2. discharge the pledge of Tax Increments 3. pay into an escrow account dedicated to the payment of the Tax Increment Bonds; or 4. return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their respective tax capacity rates. In addition, the City may, subject to the limitations set forth herein (in particular in Section 4.26), choose to modify the Tax Increment Financing Plan as described in Article III, in order to finance additional Public Costs of the Development District. Section 3.23. Administration of Tax Increment Financinq District No. 1-3. Administration of Tax Increment Financing District will be handled by the Administrator. The Tax Increments received as a result of increases in the net tax capacity of Tax Increment Financing District No. 1-3 will be maintained in a special account separate from all other municipal accounts and expended only upon municipal activities identified in the Development Program and Tax Increment Financing Plan. Section 3.24. Annual Disclosure Reauirements. Pursuant to Minnesota Statutes, Section 469.175, subdivision 5, the City must file with the County Board, the County Auditor, the School Board, and the State Auditor on or before July 1 of each year a report of the status of Tax Increment Financing District No. 1-3. The report shall include the following information: (1) The amount and source of revenue in the account established for Tax Increment Financing District No. 1-3. (2) The amount and purpose of expenditures from each account. (3) The amount of any pledge of revenues, including principal and interest on any outstanding bonded indebtedness. (4) The original net tax capacity of Tax Increment Financing District' No. 1-3. (5) The captured net tax capacity retained by the City in Tax Increment Financing District No. 1-3, and the captured net tax capacity, if any, shared with other taxing districts. (6) The tax increment received from the Tax Increment Financing District No. 1-3. 361669.1 11 ') (7) Any additional information necessary to demonstrate compliance with this Tax Increment Financing Plan. In addition, the City shall publish an annual statement as required under Minnesota Statutes, Section 469.~75, subdivision 5. Pursuant to Minnesota Statutes, Section 469.~75, Subdivision 6, the City must file with the State Auditor on or before July ~, an annual financial report for Tax Increment Financing District No. ~-3. The report shall also be filed by the City with the school board and county board. The report shall: (~) make full disclosure of the sources and uses of public funds in Tax Increment Financing District No. ~-3; (2) permit comparison and reconciliation with the City's accounts and financial reports; (3) permit auditing of the funds expended on behalf of Tax Increment Financing District No. ~-3, or that is funded in part or whole through the use of a development account funded with tax increments from other Tax Increment Financing Districts or with other public money; and (4) be consistent with generally accepted accounting principles. In addition, the report shall contain the following infor- mation: (~) the original net tax capacity of Tax Increment Financing District No. ~-3; (2) the captured net tax capacity of Tax Increment Financing District No. ~-3, including the amount of any captured tax capacity shared with other tax districts; (3) for the reporting period and for the duration of Tax Increment Financing District No. ~-3, the amount budgeted under the Tax Increment Financing Plan, and the actual amount expended for, at least, the following categories: (a) acquisition of land and buildings through condemnation or purchase; (b) site improvements or preparation costs; (c) installation of public utilities, parking facilities, streets, roads, sidewalks or other similar public improvements; 361669.1 ~2 ') I (d) administrative costs, including the allocated cost of the City; (e) public park facilities, facilities for social, recreational, or conference purposes, or other similar public improvements; and (4) For properties sold to developers, the total cost of the property to the City and the price paid by developers; (5) the amount of increments rebated or paid to developers or property owners for privately financed improvements or other qualifying costs, other than those reported under clause (3), that were issued on behalf of private entities for facilities located in Tax Increment Financing District No. 1-3. In addition, pursuant to Minnesota Statutes, Section 469.175, subdivision 6a, the City shall submit to the State Auditor the annual report required thereunder. Section 3.25. Reasonable Exoectations. As required by the Tax Increment Financing Act, in establishing Tax Increment Financing District No. 1-3, the determination has been made that the anticipated development would not reasonably be expected to ) occur solely through private investment within the reasonably foreseeable future and therefore the use of tax increment financing is deemed necessary. In making said determination, reliance has been placed upon written representatives made by the developer to such effects and upon City staff awareness of the feasibility of developing the project site. Section 3.26. Restriction on Poolinq: Five Year Limit. Pursuant to Minnesota Statutes, Section 469.1763, (1) at least 80~ of the Tax Increments derived from Tax Increment Financing District No. 1-3 will be expended on Public Costs incurred within said district, and up to 20~ of said Tax Increments may be spent on Public Costs incurred outside of said district but within the Development District; provided that in the case of a housing district, a housing project, as defined in Minnesota Statutes, Section 469.174, Subdivision 11 is deemed to be an activity in the Tax Increment Financing District, and (2) Public Costs within said district shall be limited to reimbursement of Public Costs paid before or within five years after certification of said district by the County Auditor and interest on all such unreimbursed expenditures. Section 3.27. Other Limitations on the Use of Tax Increment: General Limitations. All revenue derived from tax increment shall be used in accordance with the tax increment financing plan. The revenues shall be used to finance or otherwise pay public capital and administration costs pursuant to 361669.1 13 ') Minnesota Statutes, Section 469.124 through 469.134. These revenues shall not be used to circumvent existing levy limit law. No revenues derived from tax increment shall be used for the construction, renovation, operation or maintenance of a building to be used primarily arid regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government; this provision shall not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure, a commons area used as a public park or a facility used for social, recreational or conference purposes and not primarily for conducting the business of the municipality. Section 3.28. Use of Tax Increment from Housinq Districts. Revenue derived from Tax Increments from Tax Increment Financing District No. 1-3 must be used solely to finance the cost of housing projects as defined in Minnesota Statutes, Section 469.174, Subdivision 11. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the City may be included in the cost of a housing project. Section 3.29. Income Reauirements. The housing project must satisfy the income requirements for a "qualified residential rental project" as defined in Section 142(d) of the Internal Revenue Code. Section 3.30. Financing District within the meaning Subdivision L Qualified Housing District. Tax Increment No. 1-3 is a "qualified housing district" of Minnesota Statutes, Section 273.1399, Section 3.31. Waqe and Job Goals. The City is not providing tax increment financing for the purpose of economic development or job growth purposes and therefore the provisions of Minnesota Statutes, Section 116J.991 are not applicable and the City is not establishing wage and job goals in connection with Tax Increment Financing District No. 1-3. \. 361669.1 14 ) EXHIBIT A Map of Development District No. 1 (See attached) ) 361669.1 A-l I 1 , I I , I I . ! , " " i Iii i ! , ---- -.- ') -.- --- .'.- ."'-' ..--- ..-. -.- :.:= p --- e .._ ....-- III .__ -.-. .. .-- ......- -'- "....-. -.- :::I: ---: I" lL ...-- -.- ..--- -.- --- ->>-. --- --- -=.:= 11 -.- -'- .'.- -.- -.- "II .'..... 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I ~~a ~ '. J. f -U!. p.L..l, II ~ r r:;:r ). ;..a l..!..I:l. ~ I.. , , ~ i-== y~~~lf'lt ~..,I~ . . . . . . I . . . , . . . . . I . i i , i I I . . . . . I , I , , , , , i I I i , ~ ~ i i ! ! i l ! i . , 1 =- ",!J.Ji - .... "...,. a. Jd . .. .i. ~ ii: o ~ :Ii . f . a ~ r 0 . ., I "1; i.8 : .:iiJ!!: ..! ~~::. ai~! ~ ~c:iuu tlo';:: leeu ., c c CD ~~ .~ ~.. ., 11l c.~ c." ~ "0 O.C . 0 0'" Gis2 '" c 'ii:; > O"~ - '" ><7 ~~ 11l 0 Z ~" . CD "'.!!! o-a:E lJ... lD W o:g~ ~~.~ ~ "ij) SIlO", CD e C) 4:0'l' 4:0::; 1ii 11l 0 . ~ a. w <: ..J : ;..:.. . .....~ , ........:::w. L.--,- -l ..r.: =:. _ dL.c:.C.J ...;. )-2 L- --' ~ ..::::;. , ~~ -:., "'- ~~ I '{t/ //, I, " " z*. . yt: 1- r= ..J :!::: ~, ~ ,r/.:~ ~~ '-': "W<l: .;."'" ;,;: :r',,; II II ~ ..bl. .... \ 1lLL.LL ill ;~ - . s ~ ~ g ~ ~~ I .:. ';; ti~ -= ~ i" 8 - Ii ~ 0 , . ~b~ .. =-. ..- ,r15 :t. ~_ ... ~ " . ; I o I I ;; & V ~ 11 l i . ~ . ~ c il ~ u & ; i J . i . I EXHIBIT B ') Description of Tax Increment Financinq District No. 1-3 The We.t7lS.00 feet oflbe South 487.38 feet, a. mellSUIed at right angles to the South and West linea thereof, of the East Half of the Northeast Quartl:r of Section 32, Township 32, Range 24, Anob County, Minnesota, except that part thereof lying within the following described parcel: Commencing at the East Quarter corner ofSeclion 32; thence West along the South liDe of the Northeast Quamr of said Section 32 a distance of593.07 feet to the actual point of beginning: thence continuing West along the said South line o!6aidNortheast Quarler ofSecli01132. a dis1ance of225.29 feet; thence deflection to the North with an Interior angle of g8 degrees 20 nrlnutes, 54 seconds a distll1ce ofl63.07 feet; thence detlectins to the East with an Interior IUlsle of91 degrees 39 minutes 06 seconds a dislaDce of 220.61 feet, !benee deflecting to the South with an Intmor angle of 89 degrees S3 minutes 50 seconds a distance of 16J.OO feet to the point ofbeginnillg and there tenn.inating. Subject to Co. Rd. 16 over the South 33 feetand ",ilb rigbts of ingress and egress over 16 foot wide parcel adjacent to the South 83.03 feet of the west line. AND Thatpart of the West 715.00 feet of the South 487.38 feet, as measured at right angles to the South and West lines thereof, of the East Half of the Northeast Quarter of Section 32, Township 32, Fange:l4, Anon County, Minnesota, lying within the following described percel: Commencing at the East Quarter comer of Section 32; thence West along the South line ofth. Northeast Quarter of said Seedon 32 a distance of 593.07 feet to the actual point of beginning : tl:1ence continuing West along tho said South line of ..id Northeast Quarter ofSectio" 32, a distance of225.29 fee~ thence deDeclio>> to the North with an interior angle of 88 degrees 20 minute., 54 seconds a distance of 163.07 feel, thence detlO<lting to the East with an interioi angle of91 degrees 39 minutes 06 seconds a distance of 220.61 feet; thence doflecting to the South with an interior angle of 89 degrees S.3 minutes 50 seconds a distance ofl63.00 feet to the point of beginning and there terminating. Subject to Co. Rd. 16 over the South 33 reet a.ad with right; ofingres. lII1d egress over 16 foot wide parcel adjacent to the south 83.03 reef of the west line. 361669.1 B-1 EXHIBIT C ) Estimated Public Costs and Bonded Indebtedness ESTIMATED PUBLIC COSTS TO BE FINANCED It is the intention of the City of Andover to reimburse the developer of this parcel for costs associated with site improvements, acquistion and construction. road improvements. utility extensions to the extent authorized by this plan. It is the expectation that this district will generate increment annually, and thus will over a period of 25 years generate approximately $245,528 annually, or $6,138,194 over 25 years. As stated earlier. these monies will be utilized for eligiblil costs,... incurred by the developer including, but not limited to, site preparation and acquisition, parking, structural construction, sign age. footings and foundation, and utility and road improvements. ESTIMATED BONDED INDEBTEDNESS It is not the intention of the City to general obligation issue bonds for the project, including administrative expenses. The developer will be required to provide evidence of the eligible costs incurred prior to the distribution of increment receipts or bond proceeds. The application of the increment distributions are as follows: Utilities, Road and Infra- Structure Improvements, and Site Development. Capitalized interest Administrative expenses $5,524,375 $0 $613,819 TOTAL $6,138,194 361669.1 C-l ) EXHIBIT D Impact of Tax Increment Financing District No. 1-3 on Other Taxing Jurisdictions Estimated Average Captured Tax Capacity Payable 1997 Local Tax Rate Estimated Annual Tax Increment $25,774 106.829 % $27,534 PAYABLE 1997 TAX CAPACITIES OF AFFECTED TAXING JURISDICTIONS Anoka County Anoka-Hennepin ISD #11 City of Andover Met Council TAX CAPACITY VALUE 183,317,918 118,358,038 14,112,304 2,161,233,611 CAPTURED TAX CAPACITY $25,774 $25,774 $25,774 $25,774 DOLLAR IMPACT ON AFFECTED TAXING JURISDICTIONS Anoka County Anoka-Hennepin ISD #11 City of Andover Other PAY 1997 LOCAL TAX RATE 30.091 % 55.588 % 19.804 % 1.346 % 106.829 % %OF TOTAL 28.17% 52.03% 18.54% 1.26% 100.00% PERCENT CAPTURED 0.01 % 0.02 % 0.18 % 0.00 % TAX INCREMENT SHARE 7,756 14,327 5,104 347 27,534 ADDED LOCAL TAX RATE 0.004 % 0.012 % 0.036 % STATEMENT #1: Assuming that ALL of the captured tax capacity would be available to all taxing jurisdictions even if the City does not create Tax Increment Financing District No. 1-3, then the creation of the District will reduce the tax capacities and increase the tax capacity rates as illustrated in the above-referenced tables. STATEMENT #2: Assuming that NONE of the captured tax capacity would be available to all taxing jurisdictions if the City did not provide tax increment assistance through Tax Increment Financing District No. 1-3, then the plan has virtually no initial impact on the tax capacities of the taxing jurisdictions. However, once the District is established, allowable costs are paid from increments, and the District is terminated, all taxing jurisdiction will enjoy an improvement in their tax base. 361669.1 D-l ~ 361669.1 EXHIBIT E Cash Flow Projections and Other Financial Data Relating to Tax Increment Financing District No. 1-3 CAPTlJRED TAX CAPACITY A.SSUMPTIONS: Distrlcl Established October 7, 1997 Project Constructed During 1997 and 1998 firs! Tax IMremen! Received in 1999 IA) (S) (C) (0) (E) (F) (G) (H) (I) CAPlUlSl 100.00% 90.00% ASSESSORS "EN BASE TAX ESTIMATED ESTlMA.TB> VALUE PAY MARKET ClASS TAX TAX CAPACIlY TAX TAX ""'" ""'" VALue RATE CAPACITY CAPACITY VALUE JoCAEP,IENT """..err 1996 1997 0 O.OO~, 0 0 0 0 0 1997 1998 0 0.00"- 0 0 0 0 0 1998 1999 8.925,258 2.90-A 258,832 29.000 229,832 245,528 220,975 1999 2000 8.925,258 2.90% 25~.832 29,000 229.832 245,528 220.975 2000 2001 8,925,258 2.90% 258.832 29,000 229,832 245,528 220,875 2001 2002 8,925.258 2.90% 258,832 29,000 229,832 245,528 220,975 2002 2003 8,925,258 2.90% 258,832 29,000 229,832 245.528 220,975 2003 2004 8.925,258 2.90% 258,832 29,000 229,832 245.528 220,975 2004 2005 8,925,258 2.90~ 258.832 29,000 229,832 245,528 220,975 2005 2006 8,925,258 2.90". 258,832 29,000 229,832 245,528 220,975 2006 2007 B,925,258 2.90% 258.832 29,000 229,832 245,528 220,975 2007 2008 8,925,258 2.90% 258,832 29,000 229,832 245,528 220,975 2008 2009 8,925,258 2.90% 258,832 29,000 229,832 245,528 220,975 2009 2010 8,925,258 2.90% 258,832 29,000 229,832 245,528 220,975 2010 2011 8,925,258 2.90% 258,832 29,000 229,832 245,528 220,975 2011 2012 8,925,258 2.90% 258,832 29,000 229,832 245,528 220,975 2012 2013 8,925,258 2.90% 258,832 29,000 229,832 24$,528 220,975 2013 2014 8,925,258 2.90% 256,632 29,000 229,832 245,528 220,975 2014 2015 8,925,258 2.90%. 258,832 29,000 229,832 245,528 220,975 2015 2016 8,925,258 2.90% 258.832 29,000 229,832 245,528 220,975 2016 2017 '8,925,258 2.90% 258,832 29,000 229,832 245,528 220,975 2017 2018 8,925,258 2.90% 256.832 29,000 229,832 245,528 220,975 2018 2019 8.925,258 2.90% 258,832 29,000 229,832 245,528 220,975 2019 2020 8,925,258 2.90% 256,832 29,000 229,832 245,528 220,975 2020 2021 8,925,258 2.90". 258.832 29,000 229,832 245,528 220,975 2021 2022 8,925,258 2.90% 258,832 29,000 229,832 245,528 220,975 2022 2023 8,925,258 2.90"!. 258,832 29,000 229,832 245,528 220,975 2023 2024 0 0.00% 0 0 0 0 0 2024 2025 0 0.00% 0 0 0 0 0 $6,138,194 $5,624.374 NPY_ $2,994,917 $2,895,425 Ava_ $245,528 $220,V75 fB) This P1an Idenlllies 8 25 )"881 Housing Dlslrlcl with pay 2023 as being the lasl year to colleel IncremenL IC) Assumes 8 .new~ markel valua 01 $9,925,258. Assumes $1,000,000 for land and $8,925,258. (0) As per current slate law for residential l'\Qn-homesleacl four or more units. IE) Esrd assessors market value upon completion 01 the proposed slructure mulUplied by the dass rate. (F) Ba,ed on developers estimate 01 $1,000,000 lor land. IG) The dillerence belween ltle new lax capacity and lhe base lax capacny. (H) The estimaled lax Incremenl based 00 an assumed lax tale of 106.829".. (Pay 1997) Please nole that. Minnesota SlaMas 469 slates that the tax capacity rate usacl lor this calculation shall be Ihe currenl rale or the base year rale. whichever is less. E-1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R240-97 A RESOLUTION CERTIFYING TO THE COUNTY AUDITOR FOR COLLECTION UNPAID SPECIAL ASSESSMENTS. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: Pursuant to Paragraph D of a Development Contract between the City of Andover and Finest Homes, Inc., the charges on attached Exhibit A for properties in Woodland Pond 2nd Addition are hereby certified to the County Auditor to be placed on the tax rolls and collected with the 1998 taxes. Adopted by the City Council of the City of Andover this 21st day of October, 1997. CITY OF ANDOVER Attest: J{h1vft~ j7E. McKelvey - Mayor /J;;J t&L Victoria Volk - City Clerk Woodland Pond 2nd - Project 94-2 PIN Lot Block Principal Interest Total 29 32 24 43 0072 5 1 8,724.50 948.84 9,673.34 29 32 24 43 0075 8 1 8,724.50 948.84 9,673.34 29322443 0076 9 1 8,724.50 948.84 9,673.34 29 32 24 43 0078 11 1 8,724.50 948.84 9,673.34 29 32 24 43 0081 14 1 8,724.50 948.84 9,673.34 29 32 24 43 0082 15 1 8,724.50 948.84 9,673.34 29 32 24 43 0083 16 1 8,724.50 948.84 9,673.34 29 32 24 43 0085 18 1 8,724.50 948.84 9,673.34 29 32 24 43 0088 3 2 8,724.50 948.84 9,673.34 Total: 78,520.50 8,539.56 87,060.06 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 241-97 MOTION by Councilmember following: Kniaht to adopt the A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 95-14, CROOKED LAKE BOULEVARD NW. WHEREAS, by a resolution passed by the City Council on October 7 , 1997, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 95-14; 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 18th day of November , at the Andover City Hall at _ 7:01 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 reaular meeting this 21st day of October, 19~, with Councilmembers_ Kniqht. Dehn. Kunza. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ATTEST: ~~ Victoria Volk - City Clerk CITY OF ANDOVER g !~Z~-1ib CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 242-97 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 96-25. 14139 CROSSTOWN BOULEVARD NW. WHEREAS, by a resolution passed by the City Council on October 7 . 1997, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 96-25; 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 18th day of November, at the Andover City Hall at _ 7:01 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 reaular meeting this 21st day of October, 19~, with Councilmembers Kniaht. Dehn. Kunza. Orttel. McKelvev and Councilmembers None voting in favor of the resolution, voting against, whereupon said resolution was declared passed. ~1Ub Victoria Volk - City Clerk CITY OF ANDOVER rfit m~,~ . E. McKelvey --Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 243-97 MOTION by Council member Kniaht to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 96-29, 3448 ~ 142ND AVENUE NW. WHEREAS, by a resolution passed by the City Council on October 7 . 1997. the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 96-29; 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 18th day of November , at the Andover City Hall at _ 7:01 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 reaular meeting this 21st day of October , 19~, with Councilmembers and Councilmembers None voting in favor of the resolution, voting against, whereupon said Kniaht. Dehn. Kunza. Orttel. McKelvev resolution was declared passed. ATTEST: CITY OF ANDOVE .r c.. :J.E. McKelvey - Mayor Uv i/ffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 244-97 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 97-18.752 - 140TH LANE NW. WHEREAS, by a resolution passed by the City Council on October 7 . 1997. the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 97-18; 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 18th day of November, at the Andover City Hall at _ 7:01 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 reoular meeting this 21st day of October, 19~, with Councilmembers Kniaht. Dehn. Kunza. Orttel. McKelvev and Council members None voting in favor of the resolution, voting against, whereupon said resolution was declared passed. A TIEST: CITY OF ANDOVER j, r;, n;c-~ U.E. McKelvey - Mayor ~ ;UL/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 245-97 MOTION by Council member Knioht to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 97-22, 1736 ANDOVER BOULEVARD NW . WHEREAS, by a resolution passed by the City Council on October 7 . 1997. the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 97-22; 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 18th day of November, at the Andover City Hall at _ 7:01 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 reoular meeting this 21st day of October , 19~, with Councilmembers Knioht. Dehn. Kunza. Orttel. McKelvev and Councilmembers None voting in favor of the resolution, voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER ri: {, hk th .E. McKelvey - Mayor i~~ ov-IL Victoria Volk - City Clerk MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 246-97 Kniaht 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. 97-38 FOR WATERMAIN IN THE FOLLOWING AREA 14056 RAVEN STREET NW. WHEREAS, the City Council did on the 7th day of October , 19 97 , order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the City Enaineer and presented to the Council on the 21st day of October , 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 $ 9.923.70 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 9,923.70 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a..Q.. year period. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reaular meeting this 21st day of October ,19~, with Councilmembers Kniaht. Dehn. Kunza. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~/$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 247-97 MOTION by Councilmember Kniaht to adopt the following: A RESOLUTION AWARDING THE QUOTE FOR THE IMPROVEMENT OF PROJECT NO. 97-38 FOR 14056 RAVEN STREET NW. WHEREAS, quotes were received, opened and tabulated with results as follows: Old Is Gold Inc. Hydrocon, Inc. Volk Sewer & Water, Inc. $9,920.00 $12,950.00 $14,615.00 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 $9.920.00 for construction of the improvement. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reaular meeting this 21st day of October , 19~, with Councilmembers Kniaht. Dehn. Kunza. Orttel. McKelvev voting in favor of the resolution, and Council members None voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER tJ { htc-^:~ pE. McKelvey - Mayor ilL tf~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 248-97 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO. 96-16, IN THE 14220 CROSSTOWN BOULEVARD NW AREA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. Escrow amount for feasibility report is -0- 2. The proposed improvement is hereby referred to the Citv Enoineer 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 reoular meeting this 17th day of October, 19 97, with Councilmembers Knioht. Dehn. Kunza. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: (J t );fe- ~~ ?i.E. McKelvey - Mayo u~ d-I~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 249-97 MOTION by Councilmember Kniqht 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. 97-35 FOR SANITARY SEWER. WATERMAIN. STREET AND STORM SEWER IN THE FOLLOWING AREA THE FARMSTEAD WHEREAS, the City Council did on the 2nd day of September ,19~, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the Citv EnQineer and presented to the Council on the 21st day of October , 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 $ 270.497.38 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total project cost of improvements of $ 270.497.38 and waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Enqineer 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 $ 0 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 reqular meeting this 21st day of October ,19~, with Councilmembers Kniqht. Dehn. Kunza. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: c.- .E. McKelvey - Mayor ~(/db Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 250-97 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO. 97-41, IN THE AREA OF 1748 ANDOVER BOULEVARD NW. WHEREAS, the City Council has received a petition, dated October 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 the Citv Enqineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Council member Dehn and adopted by the City Council at a reqular meeting this 21st day of October, 19 97, with Councilmembers Kniqht. Dehn, Kunza, Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: vi ~~J(~ c7'E. McKelvey - Mayor . j[~ fkL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 251-97 MOTION by Councilmember Knioht 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. 97-41 FOR SANITARY SEWER AND WATERMAIN IN THE FOLLOWING AREA 1748 ANDOVER BOULEVARD NW WHEREAS, the City Council did on the 21st day of October, 19 97, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by the Citv Enoineer and presented to the Council on the 21st day of October ,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 $ 7.351.07. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 7.351.07 waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED the property would be assessed over a ~ year period. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reoular meeting this 21st day of October , 19~, with Councilmembers Knioht. Dehn. Kunza. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ff ~, JlJu~~if ClE. McKelvey - Mayor IL;t;~ tI~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 252-97 A RESOLUTION APPROVING THE EXPENDITURES OFF THE MUNICIPAL STATE AID STREET SYSTEM AND ONTO THE COUNTY STATE AID AND HIGHWAY SYSTEM WITHIN THE CITY OF ANDOVER. WHEREAS, it has been deemed advisable and necessary for the City of Andover to participate in the cost of a construction project located on (C.S.A.H.) No. 18 within the limits of said municipality; and WHEREAS, said construction project has been approved by the Commissioner of Transportation and identified in his records as (S.A.P.) No. 198-020-13 . NOW, THEREFORE, BE IT RESOLVED that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $40,000.00 dollars to apply toward the construction of said property and request the Commissioner of Transportation to approve this authorization. Adopted by the City of Andover this 21st day of October, 1997. CITY OF ANDOVER ATTEST: tl {, a.~1~1 ~E. McKelvey - Mayor U~d& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R253-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT OF DELINQUENT MOWING CHARGES. WHEREAS, in accordance with City Ordinance, a listing of delinquent mowing charges has been prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota: 1. A hearing shall be held the 18th day of November, 1997 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 assessment will be given an opportunity to be heard. 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 the assessment. 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 Coutny Auditor, pay the whole of the assessment on such property with no interest. MOTION seconded by Councilmember Dehn and adopted by the City Council at a regular meeting this 21st day of October, 1997 with Councilmembers Knight, Kuma, OrtteL McKelvey, Dehn voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. Attest: CITY OF ANDOVER g ~-mv~~ r. E. McKelvey - Mayor d~ dr/v Victoria Volk - City CIerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 254-97 MOTION by Councilmember Knight to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-1.. TO PROJECT NO. 94-30. CITY HALL ADDITION WHEREAS, the City of Andover has a contract for Project No. 94-30 with the following contractors: Adolfson & Peterson of Mpls, MN VEIT & Company, Inc. of Rogers, MN Crosstown Masonry of Ham Lake, MN Gateway/ACG, Inc. of St. Paul, MN Mulchay, Inc. of Oakdale, MN Wasche Interiors of Ham Lake, MN Spartan Mechanical of Eden Prairie, MN Industrial Electric of Mpls, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-30. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this 21st day of October, 19 97, with Councilmembers McKelvev. Orttel. Dehn and Kunza voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: y. {. )yJv~~ c/j.E. McKelvey - Mayor ii~ tI~ Victoria Volk - City Clerk WF-14-,\fC ruE lU: 4l:l All AJ)UL/"sot'''TERSON FAK 00. 181252f '0 ( P.01 . . . f _. . :- r _ . . L. October 13,1997 CONSl'.lwCTION MANAGERS .II West 23Id Slreel. MinnellllOflS. MinIwMlta 55428. (612) !l4A-1561 . FAX (812) &2Il2aaa TO: Scott Ericlcson City of Andover I, FROM: Craig Kronholm VV Adolfson & P<A..lIOd Andover City Hall - Quae Order No. 4 The following is a breBkdoWll oftbe cIJaoses in CfJanse Order No.4 Adolfsoo & Peterson SI,22S .Flagpole ven & Company $6,113 Sewer and Watcr changes lit the erdsdDg manhole and on the line to the bulIcfiDg. Chimge ofLocatiOll CrosstoWn Maaomy $2,917 Adding plaa and sidewalk.OD south end ~otbuildiug Gateway / ACG. Inc. $2,4$4 Changes to the vestibule entry doors Mulchay. 1nc $6.042 Add drywall to the existing building corridors and a parapet on the existiDg roof. Wasche Interiors $1,420 Add fur painriltg gypsum added to tile offices and the ~ builcliIJ8 Spartan Mechanical S2" 157 Credit for domestic wat.e6 changes - Add !lr additional Boor drain in the mechanical room md for quicIc response sprinklers. Industrial Electric $13,080 Miscellaneous field changes and add ClwIge Order $ Total $35,431 rYll..... ,4- ......oto.,.. . ....~a ~J ;:OrTI10lAmlrlla '-'.1Y~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MlNNESOTA RES. NO. R 25~97 A RESOLUTION AMENDING RESOLUTION NO. R276-96 GRANTING THE VACATION OF EASEMENT REQUEST OF RADEMACHER COMPANIES TO VACATE A DRAINAGE AND UTILITY EASEMENT LOCATED AT 14041 ROUND LAKE BOULEVARD NW, LEGALLY DESCRIBED AS LOT 1, BLOCK 2, ANDOVER COMMUNITY SHOPPING CENTER (pIN 32-32-24-12-0077 & 0078) WHEREAS, Rademacher Companies has requested to vacate a drainage and utility easement located at 14041 Round Lake Boulevard l'\i'W, legally described as Lot 1, Block 2, Andover Community Shopping Center: The 15.00 foot wide utility and drainage easement over, under and across Lot 1, Block 2, ANDOVER COMMUNITY SHOPPING CENTER, Anoka County, Minnesota, according to the recorded plant thereofthat has a west line that is 82.50 feet east of the west line of said Lot 1 and its northerly extension. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby amends Resolution No. R276-96 and grants the vacation of the drainage and utility easement as requested. Adopted by the City Council of the City of Andover on this 21st day of October. 1997. CITY OF ANDOVER ATTEST J. {. me, J(~ aE: McKelvey, Mayor ~U.b Victoria Yolk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R"",,97 A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF ASHFORD DEVELOPMENT CORPORATION TO VACATE A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED AT 637 141ST LANE NW, LEGALLY DESCRIBED AS LOT 4, BLOCK 8, CROWN POINTE EAST ADDITION (PIN 25-32-24-33-0052) WHEREAS, Ashford Development Corporation has requested to vacate the following portion of a drainage and utility easement located at 637 141 st Lane NW, legally described as Lot 4, Block 8, Crown Pointe East Addition: The east 35.00 feet of the west 45.00 feet of the north 35.00 feet of the south 45.00 feet of Lot 4, Block 8, CROWN POINTE EAST, Anoka County, Minnesota, according to the recorded plat thereof. AND The east 30.00 feet of the west 40.00 feet of the south 20.00 feet of the north 40.00 feet of said Lot 4. WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as requested with the following cop-clition: I. That additional drainage and utility easement be dedicated to the City to maintain a ten foot easement along the entire length of the western property boundary of said lot. Adopted by the City Council of the City of Andover on this 21st day of October, 1997. CITY OF ANDOVER a t We.- ~/o tlF: McKelvey, M~ ATTEST Lt~ t!~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 257-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...1.. TO PROJECT NO. 95-24. COON CREEK BIKEWAYIWALKWAY TRAIL. WHEREAS, the City of Andover has a contract for Project No. 95-24 with Alber Asphalt of Roaers. MN . NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 95-24. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 4th day of November, 19..Jrr" with Councilmembers Dehn. Kniaht. McKelvev, Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: a, (, hJ0~~ a.E. McKelvey - Mayor ~ddL Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 258-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF SANITARY SEWER AND WATERMAIN PROJECT NO. 96-16 IN THE 14220 CROSSTOWN BOULEVARD NW AREA. WHEREAS, pursuant to Resolution No. 248-97, adopted the 21st day of October, 1997 a Feasibility Report has been prepared by the Citv Enqineer for the improvements: and WHEREAS, such report was received by the City Council on the 4th day of November 4, 1997; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated cost of $5.699.43. 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. 96-16, 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 $5.699.43. 3. A public hearing shall be held on such proposed improvement on the 2nd day of December, 1997 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 Kniqht and adopted by the City Council at a reoular meeting this ~ day of November ,19--.lrr., with Councilmembers Dehn, Kniqht. McKelvev. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. ATTEST: CITY OF ANDOVER O. ~, 0~ I(~ arE. McKelvey - Mayor ~da Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 259-97 MOTION by Council member Dehn to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER , PROJECT NO. 95-5, IN THE AREA OF 14122 Prairie Road NW . WHEREAS, the City Council has received a petition, dated October 24, 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 the Citv Enaineer and he is instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Kniaht and adopted by the City Council at a reaular meeting this 4th day of November, 19 97, with Councilmembers Dehn. Kniaht. 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: Ji ~. mc-[~ .E. McKelvey - Mayor rLtw do; Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 260-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...Q. 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 Kniqht and adopted by the City Council at a reqular meeting this 4th day of November , 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: ~ t m~J(~ .E. McKelvey - Mayor IL~ tf~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 261-97 MOTION by Councilmember Dehn 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 KMH Erectors. Inc. of Maole Plain. 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 reqular meeting this 4th day of November , 19 97, with Councilmembers Dehn. Kniaht. 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. { dle- ~~ .(i.E. McKelvey - Mayor .lk~ t!,& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 262-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO MID-METRO CONSTRUCTION FOR PROJECT NO. 97-25 FOR THE IMPROVEMENT OF FENCING/SUNSHINE PARK. PLEASANT OAKS AND PINE HILLS. WHEREAS, pursuant to a written contract signed with the City of Andover on _ September 2 ,19 97 , Mid-Metro Construction of Wyomino. 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 under said contract 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 on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Council member Knioht and adopted by the City Council at a reoular meeting this 4th day of November, 19~, with Councilmembers Dehn. Knioht. McKelvev. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ~. t, m~~~ .E. McKelvey - Mayor L~ d,/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 263-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-1- 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 Excavatina of New Briahton, 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 Kniaht and adopted by the City Council at a reaular meeting this 4th day of November, 19-.-R, with Councilmembers Dehn, Kniaht. McKelvev. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: 0. ~. ffk~~ trE. McKelvey - Mayor ~~ tidU Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 264-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...2. 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 Kniaht and adopted by the City Council at a reaular meeting this 4th day of November , 19~, with Councilmembers Dehn, Kniaht. McKelvev. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: a.f!, >>Jv~~ .E. McKelvey - Mayor d~ dLb Victoria Volk - City Clerk EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA Held: NOVEMBER 4, 1997 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Minnesota, was duly called to order on the 4th day of November, 1997 at 8:01 P.M. The following members were present: Dehn, Knight, McKelvey and Orttel and the following members were absent: Kunza Councilmember adoption: Dehn introduced the following resolution and moved its RESOLUTION NO. R265-97 RESOLUTION CALLING FOR THE REDEMPTION OF THE OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978 WHEREAS: A: The City Council ofthe City of Andover, Minnesota issued $270,000 General Obligation Improvement Bonds of 1978, dated November I, 1978, of which, bonds maturing on February 1, 1998, and thereafter, $40,000 still remain outstanding: and B. All of said bonds maturing on February 1, 1992 through 1999 are subject to redemption, in whole or in part, and prepayment at the option of the City on February 1, 1991 and on any payment date thereafter at 100% plus accrued interest, all as provided in the resolution of the City authorizing the issuance of said bonds; and C. The City deems it desirable and in the best interest of the City to call $20,000 of the outstanding of said bonds maturing in the year 1999, for redemption on February I, 1998, in accordance with said resolution authorizing the issuance of said bonds, and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota as follows: I. $20,000 of the General Obligation Improvement Bonds of 1978, dated November I, 1978 of the City of Andover, Minnesota, maturing in the year 1999, bearing serial nwnbers 51 through 54, inclusive, and having a stated coupon rate of6%, shall be redeemed and prepaid on February I, 1998 at 100% of their principal amount plus accrued interest for each such bond called. 2. The City Clerk is hereby authorized and directed to publish the Notice of Call for Redemption as provided in the resolution of the City authorizing the issuance of the Bonds, and to give mailed notice of call to the bank where said bonds are payable and to all holders of the bonds. Said notice shall be in substantially the following form: 3. The City Clerk is hereby authorized and directed to deposit with the bank where said bonds are payable, prior to said call date, sufficient funds to pay all principal and interest due on the bonds as of the call date. The motion for the adoption of the foregoing resolution was duly seconded by councilmember Knight and upon a vote taken thereon, the following voted in favor thereof: Dehn, Knight, McKelvey and Orttel and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978 DATED: NOVEMBER 1, 1978 CITY OF ANDOVER, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Minnesota, there have been called for redemption and prepayment on February 1, 1998 those outstanding bonds of the City designated as General Obligation Improvement Bonds of 1978, dated November I, 1978, having the stated maturity date in the year of 1999, bearing serial numbers 51 through 54, inclusive, having the stated coupon rate of 6%, with the assigned cusip number 034313-CM-6, and totaling $20,000 in principal amount. The bonds are being called for redemption at a price of 100% of their principal amount plus accrued interest to February 1, 1998, 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 with subsequent coupons attached for payment at Norwest Bank Minnesota, National Association (formerly Northwestern National Bank of Minneapolis), ifby mail to: Corporate Trust Operations, Sixth and Marquette Avenue, Minneapolis, Minnesota 55479-0113; or ifin person to: Corporate Trust Bond Window, Northstar East 12th Floor, 608 Second Avenue South, in Minneapolis, Minnesota, on or before February 1, 1998. Dated: November 4, 1997 BY ORDER OF THE CITY COUNCIL Is/Vicki Volk City Clerk Important Notice: Under the Interest and Dividend Compliance Act of 1983, 31 % will be withheld if tax identification is not properly certified. Additional Information may be obtained from: JURAN & MOODY 110 Minnesota World Trade Center 3 East Seventh Street St. Paul, Minnesota 55101-2091 Telephone No. (612) 224-1500 Attn: Lori A. Gianpaolo Public Finance Department STATE OF MINNESOTA CITY OF ANDOVER CITY OF ANOKA I, the undersigned, being the duly qualified and acting Clerk of the City of Andover, Minnesota, do hereby certifY that I have carefully compared the attached and foregoing extract of minutes of the City Council meeting held on the date therein indicated, with the original thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to calling for redemption the outstanding General Obligation Improvement Bonds of 1978, dated November I, 1978. WITNESS my hand as such Clerk of the City of Andover, Minnesota, this 4th day of November, 1997. ,d~Uv , City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R266-97 A RESOLUTION ADOPTING TIlE ASSESSMENT ROLL FOR TIlE CERTIFICATION OF DELINQUENT SEWER, WATER AND/OR STREET LIGHTING SERVICE CHARGES. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water and/ or street lighting service charges. NOW, THEREFORE, BE IT RESOLVED BY TIlE 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 1998 and shall bear interest at the rate of 8 percent. 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 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. Adopted by the City Council of the City of Andover this 4th day of November, 1997. CITY OF ANDOVER Attest: ~~~~& lL;~~ d./b Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 267-97 RESOLUTION APPROVING THE ELIMINATION OF A PARCEL FROM TAX INCREMENT FINANCING DISTRICT NO. I - I WITHIN DEVELOPMENT DISTRICT NO. I OF THE CITY OF ANDOVER Whereas, the City of Andover (The City) has heretofore created Tax Increment Financing No. I-I (the "District") within Development District No. I; and Whereas, the City proposes to eliminate Lot 1, Block 4 Andover Commrmity Shopping Center (the "Parcel") from the District thereby reducing the size of the District; and Whereas, since the current net tax capacity of the Parcel to be eliminated from the District equals or exceeds the net tax capacity of the parcel in the District's original net tax capacity, the holding of a public hearing is not required by Minnesota Statues, Section 469.175, Subd. 4. NOW THEREFORE BE IT RESOLVED by the City of Andover that the Parcel hereby is eliminated from the District. DATED: November 4,1997 CITY OF ANDOVER ;; lKe~~-~~ ATTEST: ~U Victoria V olk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. R268-97 A RESOLUTION APPROVING THE VARIANCE REQUEST OF THOMAS SCHIEBOUT FOR THE CONSTRUCTION OF AN ADDITION TO THE FRONT ENTRANCE OF THE PRINCIPAL STRUCTURE THAT WILL ENCROACH 12.75 FEET INTO THE REQUIRED FORTY (40) FOOT FRONT YARD SETBACK FROM A MAJOR ARTERIAL, AN ATTACHED GARAGE THAT WILL ENCROACH 12.5 FEET INTO THE REQUIRED FORTY (40) FOOT FRONT YARD SETBACK FROM A MAJOR ARTERIAL, AND A THIRD STALL GARAGE THAT WILL ENCROACH 10.5 FEET INTO THE REQUIRED FORTY (40) FOOT FRONT YARD SETBACK FROM A MAJOR ARTERIAL ON THE PROPERTY LOCATED AT 1425 ANDOVER BOULEVARD NW, LEGALLY DESCRIBED AS: That part of the south 660.00 feet of the west 330.00 feet of the east 530.00 feet of the Southwest Quarter of the Northwest Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota, as measured along the south and east lines thereof, lying southerly of the following described line: Commencing at the southwest comer of said east 530.00 feet; thence on an assumed bearing of North along the west line of said east 530.00 feet, a distance of250.00 feet to a point of beginning of the line to be described; thence South 89 degrees 29 minutes 15 seconds East, a distance of202.24 feet; thence North 81 degrees 36 minutes 14 seconds East, a distance of 129.14 feet to the East line of said west 330.00 feet of the east 530.00 feet, and said line there terminating, AND the west 50.00 feet of Lots 5 and 6, Block 4, HARTFIEL'S ESTATES, according to the recorded plat thereof, Anoka County, Minnesota. Reserving an easement for drainage purposes over that part thereof described as follows: Beginning at a point on the west line of the east 530.00 feet of the Southwest Quarter of the Northwest Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota, as measured along the south line thereof, distant 250.00 feet northerly of the southwest comer thereof, for the purposes of this description, said west line is assumed to have a bearing of North; thence South 89 degrees 29 minutes 15 seconds East, a distance of 202.24 feet; thence South 16 degrees 04 minutes 54 seconds East, a distance of 107.46 feet; thence South 54 degrees 57 Page Two Resolution 1425 Andover Boulevard NW minutes 24 seconds West, a distance of 166.79 feet to the north line of the south 50.00 feet of said Southwest Quarter of the Northwest Quarter, as measured at right angles to the south line thereof; thence North 89 degrees 29 minutes 15 seconds West, along said north line, a distance of 95.45 feet to the west line of said east 530.00 feet; thence North, along said west line, a distance of 200.00 feet to the point of beginning. Subject to an easement for road and utility purposes over the south 50.00 feet, as measured at right angles, of the west 330.00 feet of the east 530.00 feet of the Southwest Quarter of the Northwest Quarter of Section 26, Township 32, Range 24, Anoka County, Minnesota, as measured along the south line thereof. Subject to other valid easements, ifany. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval ofthe 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 Thomas Schiebout for the construction of an addition to the front entrance of the principal structure that will encroach 12.75 feet into the required forty (40) foot front yard setback from a major arterial, an attached garage that will encroach 12.5 feet into the required forty (40) foot front yard setback from a major arterial, and a third stall garage that will encroach 10.5 feet into the required forty (40) foot front yard setback from a major arterial on the property located at 1425 Andover Boulevard NW, legally described above. Adopted by the City Council of the City of Andover on this 4th day of November, 1997. ATTEST: CITY OF ANDOVER t~~ dw Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 269-97 MOTION by Councilmember 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 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 Kniqht and adopted by the City Council at a reqular meeting this 4th day of November , 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: ~. t. m~~~ .E. McKelvey - Mayor 12; .(, , ..~ tJ~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 270-97 MOTION by Councilmember Dehn 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 Reliance Electric of Zimmerman. 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 Knioht and adopted by the City Council at a reoular meeting this 4th day of November , 19~. with Councilmembers Dehn. Knioht. McKelvev. Orttel. Kunza (absent) voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: a' ~, mv~~ .E. McKelvey - Mayor ~~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R271-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO MID-METRO CONSTRUCTION FOR PROJECT NO. 97-27 FOR THE IMPROVEMENT OF SUNSHINE PARK BITUMINOUS BIKEWAY TRAIL. WHEREAS, pursuant to a written contract signed with the City of Andover on _ September 2 , 19 97 , Barber Construction Co.. Inc. of Hopkins. MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract 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 on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Kunza and adopted by the City Council at a reqular meeting this 18th day of November, 19~, with Councilmembers Dehn. Kunza, Kniqht, Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: a, f. h1vl(.~ t<f.E. McKelvey - Mayor \#~u Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R272-97 MOTION by Council member Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ALBER ASPHALT CO. FOR PROJECT NO. 95-24 FOR THE IMPROVEMENT OF THE COON CREEK BIKEWAYIWALKWAY TRAIL. WHEREAS, pursuant to a written contract signed with the City of Andover on _ June 17 , 19 97, Alber Asphalt Co. of Roaers. MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract 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 on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Kunza and adopted by the City Council at a reqular meeting this 18th day of November, 19~, with Councilmembers Dehn. Kunza. Kniqht. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ,~ IdI/ Victoria Volk - City Clerk .~, ftkJ(, .E. McKelvey - Mayo ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R273-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-40 FOR THE HILLS OF BUNKER LAKE 1-4 ADDITIONS TRAIL IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the trail improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Hills Of Bunker Lake 1-4 Additions Trail Improvements, Project 97-40; and BE IT FURTHER RESOLVED by the City Council to hereby direct the ~ Enoineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Kunza and adopted by the City Council at a reoular meeting this 18th day of November , 19~, with Councilmembers Dehn. Kunza. Knioht. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER u~ [4/ Victoria Volk - City Clerk . f )n~K. .E. McKelvey - Mayo ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R274-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-43 FOR CROSSTOWN BOULEVARD NW & HANSON BOULEVARD NW TRAIL IMPROVEMENTS. WHEREAS, the City Council is cognizant of the need for the trail improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Crosstown Boulevard NW & Hanson Boulevard NW Trail Improvements, Project 97-43; and BE IT FURTHER RESOLVED by the City Council to hereby direct the ...Qty Enqineer to prepare the plans and specifications for such improvement project. MOTION seconded by Councilmember Kunza and adopted by the City Council at a reqular meeting this 18th day of November , 19~, with Councilmembers Dehn, Kunza, Kniaht. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~,g, lrkkob .E. McKelvey - Mayor L~iIL/ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R275-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER CONSTRUCTION OF HUNTER'S HOLLOW AS BEING DEVELOPED BY GOLD NUGGET DEVELOPMENT INC. WHEREAS, the developer has completed the streets and storm sewer of Hunter's Hollow. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby approve the final street construction of Hunter's Hollow 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 November 19 97. CITY OF ANDOVER j{~ 1n!V Victoria Volk - City Clerk ~. i. h1C/ Ko~ (J.E. McKelvey - Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R276-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER CONSTRUCTION OF ROLLING MEADOWS ESTATES AS BEING DEVELOPED BY TSM DEVELOPMENT, INC. WHEREAS, the developer has completed the streets and storm sewer of Rolling Meadows Estates. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby approve the final street construction of Rolling Meadows Estates 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 November 19 97. CITY OF ANDOVER ATTEST: (). q. >JJ& )(~L '1 (jE. McKelvey - Mayor l;ta; I~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R277-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER CONSTRUCTION OF NIGHTINGALE RIDGE AS BEING DEVELOPED BY NORTH SUBURBAN DEVELOPMENT. WHEREAS, the developer has completed the streets and storm sewer of Nightingale Ridge. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby approve the final street construction of Nightingale Ridge 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 November 19 97. CITY OF ANDOVER iz;~w Victoria Volk - City Clerk a. { J?7~~b (jE. McKelvey - Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R278-97 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 97-41, 1748 ANDOVER BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 7,351.07 so that the total cost of the improvement will be $ 7,351.07 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 $ 7.351.07 2. Assessments shall be payable in equal annual installments extending over a period of 2- years. The first of the installments to be payable on or before the 1st Monday in January 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 reaular meeting this 18th day of November , 19..J1L, with Councilmembers Dehn. Kunza, Kniqht. Orttel. McKelvev favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER 2~. ~~KZ~/- ~~; I voting in ATTEST: ~/$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R279-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN PROJECT NO. 97-41.1748 ANDOVER BOULEVARD NW. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of --L years, the first of the installments to be payable on or before the 1st Monday in January, 19-.illL 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 reqular meeting this 18th day of November , 19~, with Councilmembers Dehn. Kunza. Kniqht. Orttel. McKelvev voting in favor of the resolution, and Councilmembers none against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: g. E, >>Jv~b /iE. McKelvey - Mayo ~w Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, R280-97 MOTION by Councilmember Dehn 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 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 Kunza and adopted by the City Council at a reaular meeting this 18th day of November , 19~, with Councilmembers Dehn, Kunza. Kniqht. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ), f. f1J~/01~ CO.E. McKelvey - Mayor li~ tI~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R281-97 MOTION by CounciImember Dehn to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR DELINQUENT MOWING CHARGES FOR CERTIFICATION TO THE 1998 PROPERTY TAXES. WHEREAS, pursuant to a proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed. assessment for delinquent mowing charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANDOVER, MINNESOTA: . 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, if hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein. MOTION seconded by Councilmember Orttel and adopted by the City Council at a regular meeting this 18th day of November, 1997 with Councilmembers Knight, Kunza, McKelvey, Orttel. Dehn voting in favor of the resolution, and CounciImembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Attest: .~. 1770 . E. McKelvey - Mayor i~ 1& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R282-97 MOTION by Council member Dehn to adopt the following: A RESOLUTION APPROVING COSTS FOR THE CROOKED LAKE BOULEVARD WATERMAIN IMPROVEMENTS AND PROVIDING FOR FUTURE LEWING OF ASSESSMENTS. WHEREAS, The City funds were expended to install watermain on Crooked Lake Boulevard NW between Bunker Lake Boulevard NW and the Coon Rapids City Limit. WHEREAS, the City of Andover chooses to levy the assessments at such time as the property owner requests connection to the City municipal water system and waives the public hearing; and WHEREAS, interest will not be accrued until such time as the property owner requests connection to the City municipal water system. At the time the assessments are levied they shall be payable in equal annual installments extending over a period of 1Q years and shall bear an interest rate of L percent per annum from the time the connection is requested by the property owner; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Minnesota: 1. To approve the costs associated with the watermain improvements for Crooked Lake Boulevard. 2. Make provision for the future levying of assessments upon petition from property owner and their waiving of the public hearing. MOTION seconded by Councilmember Kunza and adopted by the City Council at a reaular meeting this 18th day of November , 19~, with Councilmembers Dehn. Kunza. Kniaht. Orttel. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. A TTJST: ~!~ Victoria Volk - City Cierk CITY OF ANDOVER a, t, 117<:; 101~ WE. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 283-97 MOTION by Councilmember Or1-1-pl to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATERMAIN ,PROJECT NO. 96-25. 14139 CROSSTOWN BOULEVARD NW. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments, extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 19...illL 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 Council member Knigh1- and adopted by the City Council at a reoular meeting this 18th day of November , 19~, with Councilmembers Dehn. Kunza. McKelvey. Orttel. Kni.5mlng in favor of the resolution, and Councilmembers nnnp voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: .LLfh Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 284-97 MOTION by Councilmember Ort-h> 1 to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN , PROJECT NO. 96-29. 3448 - 142ND AVENUE NW. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments, extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 19~ 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 nehn and adopted by the City Council at a reoular meeting this 18th day of November, 19---.lIT...., with Ort-t-pl Kn~lng in favor . Councilmembers Ophn r Run",.. Ml"'Rp 1 vPy r of the resolution, and Councilmembers Nnne voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: j/ t. )7Jv ~~ U.E. McKelvey - Mayor Ji~ d/b Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 285-97 MOTION by Councilmember Knight- to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER, PROJECT NO. 97-18. 752 - 140TH LANE NW. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments, extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 19~ 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 Dehn and adopted by the City Council at a reqular meeting this 18th day of November , 19~, with Dehn CouncilmembersKnn"'>1, M"Kpl "'''Y, T<'ni ght-. f'lrt-t-...l. voting in favor of the resolution, and Councilmembers Done voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J/1. ffk/0~~ tI.f.E. McKelvey - Mayor /i~ d& Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.286-97 MOTION by Councilmember Kunza to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN , PROJECT NO. 97-22, 1736 ANDOVER BOULEVARD NW. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments, extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in January, 19~ 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 Dehn and adopted by the City Council at a reaular meeting this 18th day of November , 19~, with Councilmembers Orttel, McKelvey, Kniqht. Kunza. De\mting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: y. ct me- k'~ U.E. McKelvey - Mayor ~w Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R287-97 MOTION by Council member Kniaht to adopt the following: A RESOLUTION CALLING PUBLIC HEARING ON IMPROVEMENTS OF SANITARY SEWER AND WATERMAIN PROJECT NO. 96-16 IN THE 14220 CROSSTOWN BOULEVARD NW AREA. WHEREAS, pursuant to Resolution No. 248-97, adopted the 21st day of October, 1997 a Feasibility Report has been prepared by the City Enaineer for the improvements: and WHEREAS, such report was received and accepted by the City Council on the 4th day of November, 1997; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated cost of $5,699.43. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 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 $5.699.43. 2. A public hearing shall be held on such proposed improvement on the 16th day of December, 1997 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 Dehn and adopted by the City Council at a reaular meeting this 2nd day of December ,19~, with Councilmembers Kniaht. Dehn. Orttel. Kunza, McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. ~~ Victoria Volk - City Clerk CITY OF ANDOVER f). f, $~/d.~ VE. McKelvey - Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R288-97 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER CONSTRUCTION OF INDIAN MEADOWS 4TH ADDITION AS BEING DEVELOPED BY NORTH SUBURBAN DEVELOPMENT, INC. WHEREAS, the developer has completed the streets and storm sewer of Indian Meadows 4th Addition. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby approve the final street construction of Indian Meadows 4th Addition contingent upon providing the following: 1. Developer provide a 1 year performance bond or an escrow as determined by the City Engineer from the date of this resolution. Adopted by the City Council of the City of Andover this 2nd day of December 19 97. CITY OF ANDOVER ~rUb Victoria Volk - City Clerk j, { mv~+t lYE. McKelvey - Mayor ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R289-97 MOTION by Councilmember Knioht to adopt the following: A RESOLUTION APPROVING THE FINAL STREET AND STORM SEWER CONSTRUCTION OF INDIAN MEADOWS 5TH ADDITION AS BEING DEVELOPED BY NORTH SUBURBAN DEVELOPMENT, INC. WHEREAS, the developer has completed the streets and storm sewer of Indian Meadows 5th Addition. NOW, THEREFORE BE IT RESOLVED by the City Council of Andover to hereby approve the final street construction of Indian Meadows 5th Addition contingent upon providing the following: 1. Developer provide a 1 year performance bond or an escrow as determined by the City Engineer from the date of this resolution. Adopted by the City Council of the City of Andover this 2nd day of December , 19 97. CITY OF ANDOVER ATTEST: y. f. m~~~ UE. McKelvey - Mayor U~d$ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R290-97 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER. WATERMAN STREET AND STORM SEWER , PROJECT NO. 97-44, IN THE SHADOWBROOK 3RD ADDITION AREA. WHEREAS, the City Council has received a petition, dated November 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 $1.000 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this 2nd day of December, 19 97, with Councilmembers Kniqht. Dehn. Orttel. Kunza, McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~ { $v~~ P.J.E. McKelvey - Mayor J~d~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R291-97 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION APPROVING CHANGE ORDERS #~ AND #,!L 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 reqular meeting this 2nd day of December , 19~, with Councilmembers Kniqht. Dehn. Orttel, Kunza. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: . i. /#&~ . E. McKelvey - Mayor ILL iLll! Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R292-97 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 Maertens Brennv Construction Co. of Minneapolis, 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 reqular meeting this 2nd day of December , 19~, with Councilmembers Kniqht. Dehn, Orttel. Kunza. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: , 1, )gv/i ;L;t;;~ (/~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R293-97 MOTION by Councilmember Kniqht 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 Dehn and adopted by the City Council at a reqular meeting this 2nd day of December , 19~, with Councilmembers Kniqht. Dehn. Orttel. Kunza, McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: fl f. J/t-~!7 /j.E. McKeivey - Mayor \ti%~ I~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R294-97 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FOREST LAKE CONTRACTING FOR PROJECT NO. 94-33 FOR THE IMPROVEMENT OF COMMERCIAL BOULEVARD NW EXTENSION. WHEREAS, pursuant to a written contract signed with the City of Andover on _ Julv 16 ,19 96 , Forest Lake Contractina 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 under said contract 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 on such contract, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember the Dehn and adopted by City Council at a reqular meeting this 2nd day of December, 19~, with Councilmembers Kniqht. Dehn. Orttel. Kunza. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: . (Me- .E. McKelvey - Mayor d,L;w tiIb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R295-97 MOTION by Councilmember Kniqht adopt the following: A RESOLUTION APPROVING CHANGE ORDER #3 (COMPENSATING) TO PROJECT NO. 94-33, COMMERCIAL BOULEVARD NW EXTENSION. WHEREAS, the City of Andover has a contract for Project No. 94-33 with Forest Lake Contractinq of Forest Lake, MN. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 94-33. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this 2nd day of December, 19~, with Councilmembers Kniqht. Dehn. Orttel. Kunza. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: % (. Me- \~ UE. McKelvey - Mayor J~~ ildb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R296-97 RESOLUTION ESTABLISIllNG THE 1998 WATER FUND, SEWER FUND AND CENTRAL EQUWMENT FUND BUDGET& 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 1998 budgets for the Water Fund, Sewer Fund and the Central Equipment Fund. A~opied by the City Council of the City of Andover this 2nd day of December, 1997. ATTEST: CITY OF ANDOVER I {, . . ~iLo. . E. McKelvey, ~7 .~d/b Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R-297-97 RESOLUTION ADOPTING THE 1997 SPECIAL REVENUES 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 Septic Disposal Forestry Capital Equipment Reserve Adopted by the Andover City Council on this 2nd day of December, 1997. CITY OF ANDOVER ~.1. J1k.j(~ J. E. McKelvey, Mayo ATTEST: ~;)~ Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R-29aC).7 RESOLUTION ADOPTING THE 1998 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 1998 Risk Management budget as submitted in the amount of $21,200. Adopted by the Andover City Council on this 2nd day of December, 1997. CITY OF ANDOVER a, f!,. 7J1C//(~ /1. E. McKelvey, Mayo ATTEST: ~~ /4.- Victoria Volk, City Clerk Extract of Minutes of Meeting of the City Council of the City of Andover, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Andover, Minnesota was duly held at City Hall in said City of Andover, on Tuesday, the 2nd day of December, 1997, at 7:00 o'clock ~.M. The following Council members were present: Dehn, Knight, Kunza, McKelvey, Orttel and the following were absent: None Council member Knight then introduced and read the following written resolution and moved its adoption: No. R299-97 A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF ELDERLY HOUSING REVENUE BONDS, TO PROVIDE FUNDS FOR AN ELDERLY HOUSING PROJECT, ON BEHALF OF PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. The motion for the adoption of the foregoing resolution was duly seconded by Council member Dehn , and upon vote being taken thereon the following voted in favor thereof: Dehn, Knight, Kunza, McKelvey, Orttel and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. 369683.1 A RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF ELDERLY HOUSING REVENUE BONDS, TO PROVIDE FUNDS FOR AN ELDERLY HOUSING PROJECT, .ON BEHALF OF THE PRESBYTERIAN HOMES HOUSING AND ASSISTED LIVING, INC. BE IT RESOLVED by the City Council of the City of Andover, Minnesota (the "City"), as follows: l. Authoritv. The City is, by the Constitution and laws of the State of Minnesota, including Minnesota Statutes, Chapter 462C, as amended (the "Act"), authorized to issue and sell its revenue bonds for the purpose of financing the cost of housing developments for the elderly and to enter into agreements necessary or convenient in the exercise of the powers granted by the Act. 2. Authorization of proiect: Documents Presented. Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota nonprofit corporation (the "Corporation"), has proposed to this Council that the City issue and sell its City of Andover Elderly Housing Revenue Bonds (Presbyterian Homes of Andover, Inc. project), Series 1997, in substantially the form set forth in the hereinafter-mentioned Indenture (the "Bonds"), pursuant to the Act and loan the proceeds thereof to the Corporation, in order to provide financing with respect to costs of the acquisition, construction and equipping of an elderly housing development known as The Farmstead consisting of approximately 140 units located at 333l Bunker Lake Boulevard Northwest (i.e., Bunker Lake Boulevard between Quay and Marigold) of which 68 units will be designated for assisted living and 72 for independent living (the "Project"). Forms of the following documents relating to the Bonds have been submitted to the City: (a) Loan Agreement (the "Loan Agreement") dated as of December l, 1997 between the City and the Corporation, whereby the City agrees to make a loan to the Corporation of the gross proceeds of sale of the Bonds and the Corporation agrees to undertake and complete the Project and to pay amounts in repayment of the loan sufficient to provide for the full and prompt payment of the principal of, premium, if any, and interest on the Bonds; and (b) Trust Indenture (the "Indenture") dated as of December l, 1997, between the City and Firstar Trust Company, as trustee (the "Trustee"), authorizing the issuance of and pledging certain revenues, including those to be derived from the loan Agreement, as security for the 369683. 1 2 Bonds, and setting forth proposed recitals, covenants and agreements relating thereto; and (c) Combination Mortgage, Security Agreement and Fixture Financing Statement and Assignment of Leases and Rents (the "Mortgage"), dated as of December 1, 1997, from the Corporation to the City, by which the Corporation grants to the City a mortgage lien on and security interest in certain mortgaged property, as described therein, as further security for the payment of the Bonds and assigns to the City its interests in all leases and rents with respect to the mortgaged property; and (d) Assignment of Mortgage (the "Assignment") dated as of the date of delivery of the Bonds, from the City to the Trustee, by which the City assigns its interest in the Mortgage to the Trustee; and (e) Guaranty Agreement (the "Guaranty") dated as of December 1, 1997, from The Presbyterian Homes of Minnesota, Inc., Presbyterian Homes Housing and Assisted Living, Inc., Presbyterian Homes Management and Services, Inc., Presbyterian Homes Bloomington Care Center, Inc. and Presbyterian Homes of Arden Hills, Inc. (collectively, the "Guarantors") to the Trustee (this document not to be executed by the City); and (f) Bond Purchase Agreement (the "Bond Purchase Agreement"), by and between Miller, Johnson & Kuehn Incorporated (the "Underwriter"), the Corporation and the City, providing for the purchase of the Bonds from the City by the Underwriter and setting the terms and conditions of purchase; and (g) Preliminary Official Statement, together with the form of final Official Statement and the insertion of the final underwriting details of the Bonds, including the interest rates thereon, and any other changes deemed necessary or desirable, intended to constitute the form of the final Official Statement, and including all Appendices thereto (together the "Official Statement"), describing the offering of the Bonds, and certain terms and provisions of the foregoing documents; and (h) Development Agreement (the "Development Agreement") dated as of December 1, 1997 between the City and the Corporation relating to the tax increment financing assistance for the Project. 369683. 1 3 3 . that: Findings. It is hereby found, determined and declared (a) The Project constitutes aa elderly residential rental project authorized by and described in the Act. (b) There is no litigation pending or, to the best of its knowledge, threatened against the City relating to the Bonds, the Loan Agreement, the Bond Purchase Agreement, the Development Agreement or the Indenture or questioning the due organization of the City, or the powers or authority of the City to issue the Bonds and undertake the transactions contemplated hereby. (c) The execution, delivery and performance of the City's obligations under the Bonds, the Indenture, the Bond Purchase Agreement, the Development Agreement and the Loan Agreement do not and will not violate any order of any court or other agency of government of which the City is aware or in which the City is a party, or any indenture, agreement or other instrument to which the City is a party or by which it or any of its property is bound, or be in conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under any such indenture, agreement or other instrument. (d) It is desirable that the Bonds be issued by the City upon the terms set forth in the Indenture, under the provisions of which the City's interest in the Loan Agreement will be pledged to the Trustee as security for the payment of principal of, premium, if any, and interest on the Bonds. (e) The Loan Agreement provides for payments by the Corporation to the Trustee for the account of the City of such amounts as will be sufficient to pay the principal of, premium, if any, and interest on the Bonds when due. The Loan Agreement obligates the Corporation to pay for all costs of operation and maintenance of the Project Facilities, including adequate insurance, taxes and special assessments. A reserve fund has been established under the provisions of the Indenture in connection with the issuance of the Bonds. (f) Under the provisions of the Act, and as provided in the Loan Agreement and Indenture, the Bonds are not to be payable from nor charged upon any funds other than amounts payable pursuant to the Loan Agreement and moneys in the funds and accounts held by the Trustee which are pledged to the payment thereof; the City is not subject to any 369683.1 4 liability thereon; no owners of the Bonds shall ever have the right to compel the exercise of the taxing power of the City to pay any of the Bonds or the interest thereon, nor to enforce payment thereof against any property of the City; the Bonds shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City (other than the interest of the City in the Loan Repayments to be made by the Corporation under the Loan Agreement); and each Bond issued under the Indenture shall recite that such Bond, including interest thereon, shall not constitute or give rise to a charge against the general credit or taxing powers of the City. 4. Aooroval and Execution of Documents. The forms of Loan Agreement, Indenture, Bond Purchase Agreement, Guaranty, Mortgage, Assignment and Development Agreement, referred to in paragraph 2, are approved. The Loan Agreement, Indenture, Development Agreement and Bond Purchase Agreement shall be executed in the name and on behalf of the City by the Mayor and the City Clerk, or executed or attested by other officers of the City, in substantially the form on file, but with all such changes therein, not inconsistent with the Act or other law, as may be approved by the officers executing the same, which approval shall be conclusively evidenced by the execution thereof; and then shall be delivered to the Trustee. Modifications to the forms of Guaranty, Mortgage and Assignment may be made at the discretion of the parties thereto. . 5. Aooroval. Execution and Delivery of Bonds. The City shall proceed forthwith to issue the Bonds, in an aggregate principal amount of not to exceed $15,500,000, in the form and upon the terms set forth in the Indenture, which terms are for this purpose incorporated in this resolution and made a part hereof; provided, however, that the initial aggregate principal amount of and the maturities of the Bonds, the interest rates thereon, and any provisions for the optional or mandatory redemption thereof shall all be as set forth in the final form of the Indenture to be approved, executed and delivered by the officers of the City authorized to do so by the provisions of this Resolution, which approval shall be conclusively evidenced by such execution and delivery; and provided further that, in no event, shall such maturities exceed 35 years or such rates of interest produce a net interest cost in excess of 7.00% per annum. The Underwriter has agreed pursuant to the provisions of the Bond Purchase Agreement, and subject to the conditions therein set forth, to purchase the Bonds at the purchase price set forth in the Bond Purchase Agreement, and said purchase price is hereby accepted. The Mayor, City Clerk and other City officers are authorized and directed to prepare and execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee, 369683.1 5 together with a certified copy of this Resolution and the other documents required by Section 2.02 of the Indenture, for authentication, registration and delivery to the Underwriter. As provided in the Indenture, each Bond shall contain a recital that it is issued pursuant to the Act, and such recital shall be conclusive evidence of the validity and regularity of the issuance thereof. 6. Official Statement. The City hereby approves the form of and consents to the circulation by the Underwriter of the Official Statement in offering the Bonds for sale; provided, however, that the City has not participated in the preparation of the Official Statement or independently verified the information in the Official Statement and takes no responsibility for, and makes no representations or warranties as to, the accuracy or completeness of such information. 7. Certificates. etc. The Mayor, City Clerk and other officers of the City are authorized and directed to prepare and furnish to bond counsel and the purchaser of the Bonds, when issued, certified copies of all proceedings and records of the City relating to the Bonds, and such other affidavits and certificates as may be required to show the facts appearing from the books and records in the officers custody and control or as otherwise known to them; and all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the City as to the truth of all statements contained therein. 369683.1 6 STATE OF MINNESOTA } ) SS. COUNTY OF ANOKA } I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota (the "City"), do hereby certify that attached hereto is a compared, true and correct copy of a resolution giving final approval to an issuance of revenue bonds by the City on behalf of Presbyterian Homes Housing and Assisted Living, Inc., duly adopted by the City Council of the City on December 2, 1997, at a regular meeting thereof duly called and held, as on file and of record in my office, which resolution has not been amended, modified or rescinded since the date thereof, and is in full force and effect as of the date hereof, and that the attached Extract of Minutes as to the adoption of such resolution is a true and accurate account of the proceedings taken in passage thereof. WITNESS My hand this 2nd day of December, 1997. .~I.& City Clerk 369683.1 L..l.l1 UL' ni.~UVV.LJU, County of Anoka State of Minnesota R300-97 RESOLUTION APPROVING THE ISSUANCE AND SALE OF THE $720,000 ELDERLY HOUSING REVENUE NOTE, SERIES 1997 AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO (PRESBYTERIAN HOMES OF ANDOVER, INC. PROJECT) BE IT RESOLVED by the City Council of the City of Andover, Minnesota (the "City"), as follows: SECTION 1. LEGAL AUTHORIZATION AND FINDINGS. 1.1 Findinqs. The City hereby finds, determines and declares as follows: (a) The City is a political subdivision of the State of Minnesota and is authorized under Minnesota Statutes, Chapter 462C, as amended (the "Act") to assist the revenue producing project herein referred to, and to issue and sell the Note, as hereinafter defined, for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. (b) As required by the Act and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the City has, on this same date, held a public hearing on the issuance of one or more revenue notes to finance the Project. (c) The issuance of the $720,000 Elderly Housing Revenue Note, Series 1997 (Presbyterian Homes of Andover, Inc. Project) to be issued in three notes (collectively, the "Note") by the City, pursuant to the Act, is in the best interest of the City, and the City hereby determines to issue the Note, as provided herein. (d) Pursuant to a Loan Agreement (the "Loan Agreement") to be entered into between the City and the Borrower, the Borrower has agreed to repay the Note in specified amounts and at specified times sufficient to pay in full when due the principal of, premium, if any, and interest on the Note. In addition, the Loan Agreement contains provisions relating to the construction, the maintenance and operation of the Project, indemnification, insurance, and other agreements and covenants which are required or permitted by the Act and which the City and the Borrower deem necessary or desirable for the financing of the Project. A draft of the Loan Agreement has been submitted to the City Council. (e) Pursuant to a Pledge Agreement to be entered into between the City and the Purchaser (as herein defined), the City has pledged and granted a security interest in all of its rights, title, and interest in the Loan Agreement to the Purchaser (except for certain rights of indemnification and 370703.1 "".""'1 to reimbursement for certain costs and expenses) . of the Pledge Agreement has been submitted to the Council. A draft City (f) The Note will be a special limited obligation of the City. The Note shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the City be subject to any liability thereon. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the City. The Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation. (g) It is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note. SECTION 2. THE NOTE. 2.1 Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be in substantially the form attached as Exhibit A with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof. A Note in the amount of $525,000 shall be issued to John D. parsinen and Mae L. Adolfson as trustees under the George A. Adolfson marital trust. A Note in the amount of $110,000 shall be issued to James F. and Bonnie J. Adolfson. A Note in the amount of $85,000 shall be issued to A.P. Development Corporation. The foregoing individuals and entity are herein referred to collectively as the "Purchaser". The Note may be issued in such amounts but not to exceed $800,000 unless a duplicate Note is issued pursuant to Section 2.7 and shall be registered to such individuals or entities as designated by the Purchaser. The Note will be issued in exchange for the conveyance by the Purchaser to the Borrower of the land on which the Project will be constructed. The Note shall bear interest at the rates set forth in the Note. 2.2 The Note. The Note shall be dated as of the date of delivery to the Purchaser, shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2.3 Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and City Clerk and shall be sealed with the seal of the City; provided that the seal may be intentionally omitted as provided by law. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if had remained in office until delivery. In the event of the absence or disability of the Mayor or the City Clerk such 370703.1 2 officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council execute and deliver the Note. 2.4 Deliverv of Initial Note. Before delivery of the Note there shall be filed with the Purchaser t.he following items: (1) an executed copy of each of the following documents: (a) the Loan Agreement; (b) the Pledge Agreement; (2) an opinion of Counsel for the Borrower as prescribed by the Purchaser and Bond Counsel; (3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; (4) a 501 (c) (3) determination letter from the Internal Revenue Service evidencing that the Borrower is exempt from income taxation under Section SOl(c) (3) of the Code; (5) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Purchaser may reasonably require for the closing. 2.5 Disposition of Note Proceeds. Upon delivery of the Note to the Purchaser, the Purchaser shall transfer the land on which the Project shall be constructed to the Borrower in exchange for the receipt of the Note. 2..6 Reqistration of Transfer. The City will cause to be kept at the office of the City Administrator a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be initially registered in the name of the Purchaser and shall be transferable upon the Note Register by the Purchaser in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the Finance Director, duly executed by the Purchaser or its duly authorized agent. The following form of assignment shall be sufficient for said purpose. For value received hereby sells, assigns and transfers unto the within Note of the City of Andover, Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of said City with full power of substitution in the premises. 370703.1 3 The undersigned certifies that the transfer is made in accordance with the provisions of Section 2.9 of the Resolution authorizing the issuance of the Note. Dated: Registered Owner Upon such transfer the City Clerk shall note the date of registration and the name and address of the new Purchaser in the Note Register and in the registration blank appearing on the Note. 2.7 Mutilated. Lost or Destroved Note. In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Purchaser's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2.8 Ownership of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2.9 Limitation on Note Transfers. The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except upon receipt of a written opinion of Bond Counsel that an exemption exists for such transfer. 2.10 Issuance of New Notes. Subject to the provisions of Section 2.9, the City shall, at the request and expense of the Purchaser, issue new notes, in aggregate outstanding principal amount equal to that of the Note surrendered, and of like tenor except as to number, principal amount, and the amount of the monthly installments payable thereunder, and registered in the 370703. 1 4 . , name of the Purchaser or such transferee as may be designated by the Purchaser. SECTION 3. MISCELLANEOUS. 3.1 Severabilitv. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of anyone or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 3.2 Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 3.3 Authorization to Execute Aqreements. The forms of the proposed Loan Agreement, the Development Agreement and the Pledge Agreement, are hereby approved in substantially the form on file with the City, together with such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by Bond Counsel and the City Attorney prior to the execution of the documents, and the Mayor and City Clerk of the City are authorized to execute the Loan Agreement, the Development Agreement and the Pledge Agreement in the name of and on behalf of the City and such other documents as Bond Counsel consider appropriate in connection with the issuance of the Note. In the event of the absence or disability of the Mayor or the City Clerk such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. The execution of any instrument by the appropriate officer or officers of the City herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. 370703.1 5 The motion for the adoption of the foregoing Resolution was duly seconded by Dehn , and upon vote being taken, the following voted in favor thereof: Kunza, Dehn, Knight, Orttel, McKelvey and the following voted against the same: None and the following were absent: None whereupon, said Resolution was declared duly passed and adopted and signed by the Mayor and attested by the City Clerk. Adopted: December 2, 1997 a. ti, Jr7c--~ ~yor of the City of dover Attest: d;L~ ~ City Clerk 370703.1 6 EXHIBIT A NOTE [On file with the City] 370703.1 A-1. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R301-97 MOTION by Councilmember Kniqht adopt the following: A RESOLUTION APPROVING CHANGE ORDER #~ TO PROJECT NO. 97-8, CHESTERTON COMMONS. WHEREAS, the City of Andover has a contract for Project No. 97-8 with Richard Knutson. Inc. of Savaae. MN . NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 97-8. MOTION seconded by Councilmember Dehn and adopted by the City Council at a reqular meeting this 2nd day of December , 19~, with Councilmembers Kniqht. Dehn, Orttel. Kunza. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: ri' t )/Jv~~ .E. McKelvey - Mayor l~~ iLl___ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R302-97 MOTION by Councilmember Kniqht to adopt the following: A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO. 97-46 FOR THE WELL #6 PUMPHOUSE DESIGN. WHEREAS, the City Council is cognizant of the need for Well #6 Pump house Design improvements; and NOW, THEREFORE BE IT RESOLVED by the City Council to order the improvement of Well #6 Pumohouse Desiqn, Project 97-46; 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 Council member Dehn and adopted by the City Council at a reqular meeting this 2nd day of December ,19~, with Councilmembers Kniqht. Dehn. Orttel. Kunza, McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: ~.{ }Jk~ .E. McKelvey - Mayor ~ Ifffi Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R-303-97 A RESOLUTION REVISING THE 1997 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 fmancial 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, 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-280-96 establishing the 1997 Levy; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby revises the 1997 General Fund Budget as submitted, with revisions of revenues and expenditures each totaling $129,085. Adopted by the City Council of the City of Andover on this 2nd day of December, 1997. CITY OF ANDOVER ATTEST: A E~ 1::.~~:f:;tr Iit~ ;J~ Victoria Volk, City Clerk CITY OF ANDOVER, MINNESOTA HOUSING FINANCE PROGRAM PRESBYTERIAN HOMES OF ANDOVER PROJECT RES. NO. 304-97 This housing finance program is undertaken by the City of Andover, Minnesota (the "City") for an elderly rental housing development located at 3331 BWlker Lake Boulevard Northwest (i.e., Bunker Lake Boulevard between Quay and Marigold). The Development (as Hereinafter described) will be financed by an issue of revenue bonds issued by the City pursuant to Minnesota Statutes, Chapter 462C. The Development will be undertaken to further the policies and goals stated in the City's Housing Plan. The Development, called The Farmstead, will consist of the acquisition, construction and equipping of an elderly rental housing development of approximately 140 units, of which 68 units will be designed for assisted living and 72 for independent living. The Development will be undertaken by Presbyterian Homes Housing and Assisted Living, Inc., a Minnesota nonprofit corporation. The expected base monthly rental fees for a one-bedroom independent living unit will be between $625 and $835; a two-bedroom independent living unit will be between $990 and $1,375; and a two- ' bedroom cottage-style independent living unit will be $1,650. The expected base monthly rental fees for a studio assisted living unit will be $1,750: a one-bedroom assisted living unit will be $1,900; and a two-bedroom assisted living unit will be $2,500. The Development will be available for rental to the general public, and will be operated only as an elderly rental housing facility for the term cfthe revenue bonds The City will issue revenue bonds to finance the Development in the principal amount not to exceed $15,500,000. The o'-"ner of the Development will be required, pursuant to a revenue agreement, to make payments sufficient to pay when due the principal of, premium, if any, and interest on all such revenue bonds. The revenue bonds may be structured so as to take advantage of whatever means are available or necessary and are permitted by law to enhance the security for and marketability of the revenue bonds. Substantially all of the net proceeds ofthe revenue bonds (the initial principal amount thereof, less amounts deposited in a reasonably required reserve or paid out as costs of issuance of the revenue bonds) will be used to pay the costs of the Development, including any functionally related and subordinate facilities. The Development will be operated as an elderly rental housing development within the meaning of Minnesota Statues, Chapter 462C. Acquisition of the Development will be calricd out in accordance with applicable land use and development restrictions, and construction ofthe Development is subject to applicable state and local building codes. The Development is consistent with the City's Housing Plan under Minnesota Statutes, Chapter 462C. The owner of the Development will be required to operate the project in accordance with state and local allti- discrimination laws and ordinances. The City has adequate existing capacity to administer, monitor and supervise the Development, although the City has reserved the right to contract with other public agencies or private parties for these purposes. The costs of the Development and the program of financing the Development, including specifically the costs of the City generally will be paid or reimbursed by the owner of the Development or from the application fee paid to the City by the owner. Adopted by the City Council of the City of Andover this 2nd day of December. 1997. City of Andover ,t. ~~~ .E. McKelvey, Mayor Attest: ,[j!;,;J ,~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R305-97 A RESOLUTION APPROVING THE REGISTERED LAND SURVEY BY COUNTRY RIDGE. INC. LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA. WHEREAS, pursuant to published and mailed notice thereof, the Planning and Zoning Commission has conducted a public hearing; and WHEREAS, as a result of such public hearing, the Planning and Zoning Commission recommends to the City Council approval ofthe Registered Land Survey. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Registered Land Survey with the following conditions: I.. That Tract C be legally bound to the property to the south so that they cannot be sold separately. Adopted by the City Council of the City of Andover this 16th December , 19~. day of CITY OF ANDOVER ATTEST: ~d~ Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R- 307- 97 RESOLUTION ADOPTING THE 1998 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 payment of property taxes; and WHEREAS, the Andover City Council has the responsibility to appropriately and efficiently manage the funds of the City; WHEREAS, the City of Andover complies with the State of Minnesota Truth in Taxation requirements including soliciting public input through a public hearing; and WHEREAS, the City Council of the City of Andover passed Resolution Number 308 establishing the 1998 Levy; NOW, THEREFORE, BE IT RESOLVED that the Andover City Council hereby establishes the 1998 General Fund Budget as submitted, with revenues and expenditures each totaling $5,456,612. Adopted by the Andover City Council on this 16th day of December, 1997. CITY OF ANDOVER ATTEST: G- . E. McKelvey, Mayor U~i./b Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R30897 A RESOLUTION ESTABLISIllNG THE 1998 LEVY TO BE CERTIFIED TO THE COUNTY DEPARTMENT OF PROPERTY TAX ADMINISTRATION BY THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The total non-bonded indebtedness levy is hereby set at $2,726,526. Of this levy, $2,709,897 is of general purposes and is levied against all taxable property within the City of Andover. The remaining $16,629 is levied against the properties located within the Lower Rum River Watershed Management Organization Taxing District for the City of Andover's share of costs for this organization. The total bonded indebtedness levy is hereby set at $478,054 to fund the following indebtedness: 1994 Certificate of Indebtedness 1995 Certificate ofIndebtedness 1991 Fire Station Bonds 33,445 123,834 320.775 Total 478.054 THE CITY COUNCIL OF THE CITY OF ANDOVER FURTHER RESOLVES that the scheduled levy of $24, 166 for the FHA/G.O. Improvement Bonds of 1977 is hereby canceled for 1998 per R68-81. Adopted by the City Council of the City of Andover on this 16th day of December, 1997. CITY OF ANDOVER ATTEST: J t }jCF Jfh u. E. McKelvey, MaYOr?' '. ( iLL aLt- Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R309-97 A RESOLUTION SETTING FEES FOR PERMITS, REZONINGS, SPECIAL USE PERMITS, VARIANCES, PLATTING, LICENSE FEES, LOT SPLITS, RENTAL FEES AND VARIOUS OTHER FEES. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The following fees are hereby established for the year 1998: Tvpe of Fee Rezoning Recording fee for rezoning Abstract Property Torrens Property Special Use Permit Commercial Residential Amended Special Use Permit Recording Fee/Special use Abstract Property Torrens Property Special Home Occupation Permit Variances Single Family Other Requests Sign Permits Erected Without Permit Plat Fees Preliminary Plat Filing Fee Preliminary Plat Per Acre Fee Final Plat Fee Plat Escrow Deposit Urban Lot Rural Lot Commercial Site Plan Review Comprehensive Plan Amendment Lot Split Fee Lot Split Recording Fee Abstract Property Torrens Property Fee Ordinance $200.00 8 25.00 40.00 $200.00 150.00 100.00 8 25.00 40.00 50.00 8 100.00 125.00 1.00 per Sq. Ft. Per Side 3.00 per Sq. Ft. Per Side 8 8 60.00 22.00 20.00 10 100.00 450.00 750.00 300.00 40 100.00 25.00 40.00 Pawnbroker License New 5,000.00 per year Renewal 5,000.00 per year Therapeutic Massage Establishment Single Application Fee Corporate Application Fee Partnership Application Fee Renewal Fee Massage Therapist Annual License Fee Moving of Buildings Up to 350 Square Feet 351 to 600 Square Feet 601 to 824 Square Feet 825 Square Feet & Over Contractor Licenses Contractor Verification Fee Contractor License Demolition Permits Single Family Structures Two Family Structures Single/Double Garages Barns 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 Hydrant Use Transient Merchant License False Alarm Fine Rental Housing License Reinspection Fee per Call Garbage Hauler License Fire Meter Cost (deposit) 55 + Standard Water Rates 50.00 per six months 79 75.00 96 50.00 per unit (except owner occupied) 30.00 50.00 per year +$25.00 per truck 102 104 110 200.00 300.00 300.00 150.00 150.00 200 15.00 25.00 50.00 75.00 5.00 25.00 30.00 40.00 10.00 10.00 42.00 per hour 20.00 Building Reinspection Fees Burning Permits Fire & Pyrotechnics Special Effects Home Occupation Inspections Other inspections as requested Permits outlined in Article 4, 1991 UFC 25.00 Special Investigation as requested 42.00 per hour Sewer Availability Charge 1,000.00 250.00 42.00 per hour 42.00 per hour Boarding of Horses Boarding Impoundment of horses Transportation (Trailer rental) Stable Fee Non-Intoxicating Liquor Off Sale On Sale Tree Trimming License Fee Plan Check Fee for Trees Street Opening Permit Adult Use Business License Junkyard License License First Reinspection Fee Second Reinspection Fee Third Reinspection Fee Cigarette license Outdoor Party Permit Dog License One year license Two year license Commercial Kennel Recording Fee: Abstract Property Torrens Property Renewal Private Kennel Intoxicating Liquor On Sale Liquor On Sale Wine On Sale Sunday Off Sale Liquor 10.00 per day 25.00 per hour per person 40.00 3.00 40.00 per year 200.00 per year 25.00 per year 60.00 10.00 7,500.00 per year 200.00 150.00 200.00 250.00 75.00 5.00 2.50 5.00 150.00 25.00 40.00 25.00 25.00 4,000.00 per year 500.00 per year 200.00 per year 200.00 per year 207 213 214 220 222 226 227 232 233 235 Adopted by the City Council of the City of Andover this 16th day of December, 1997. Attest: tJ/t;,--.,/ tfuf/J Victoria Volk - City Clerk CITY OF ANDOVER , t. J?~ . E. McKelvey - Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R310-97 A RESOLUTION ESTABLISHING SERVICE CHARGES TO BE COLLECTED IN 1998. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RFSOL VES: The following service charges are hereby established for the year 1998. Service Flood Zone Search Well and Septic Locate Special Assessment Searches City Maps Zoning Maps Colored Zoning Map Copies (per sheet) Up to 8-1/2 x 14 Oversize 18" x 24" 24" x 36" Larger sizes Copies of Surveys Up to 11" x 17" Requested by owner Ordinance 8 Ordinance 10 AJlotherordinances Notary Fee Bad check fee Topographical Maps Approval of Deeds Abstract Property Torrens Property Maintenance Cost Recovery Research by Staff Administrative Fee Removal of Sediment & Debris from Streets Charlte 15.00 30.00 per hour 12.00 2.00 3.50 15.00 .25 .50 2.50 3.00 6.00 5.00 1.00 25.00 10.00 1.00 3.00 25.00 11.00 per acre 25.00 40.00 Union scale + 25% 25.00 per hr. (Min. $13.00) 25 % oftotaIlabor charge 80.00/hour (min. 1/2 hour) Adopted by the City Council of the City of Andover this 16th day of December, 1997. ClTY OF ANDOVER Attest: (). r J1?~ K~ If. E. McKelvey - Mayo LL.vj~ Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO.311-97 A RESOLUTION ESTABUSHING 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 1997. Tvpe of Permit Fee Certificate of Occupancy Plan Check/Residential Plan Check/Trees Heating Installations Air Conditioning Installations Plumbing (Per Opening) Minimum Fee On-Site Septic System installation Sanitary Sewer Installation Septic System Pumping Water Installation (public) Agricultural Building Footing to Grade Heath Authority Certification Escrow Inspection Fee Building Reinspection Fee Grading Inspection Fee First Inspection Second Inspection Third Inspection Fourth Inspection Fifth & Above Septic Dumping Gas Fireplace Permit Trail Fee Residential 250.00 Commercial/Industrial 750.00 The permit fee schedule for the Building Department for 1998 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. $ 4.00 65% of permit fee 60.00 25.00 15.00 8.00 15.00 35.00 40.00 3.00 50.00 5.00 15.00 5.00 25.00 42.00 No charge No charge 35.00 75.00 100.00 each 5.00 per load 40.00 per unit 3. Permit fee shall be based on the 1994 Uniform Building Code Schedule 1A. The above fees apply to repairs and alterations requiring inspections as well as all new installations. Adopted by the City Council of the City of Andover this 16th day of December, 1997. OTY OF ANDOVER Attest: (J, {. #J ~ I/~~r If E. McKelvey - Mayor tiL~ ~ / tfdb Victoria Volk - City Oerk \, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R- 312- 97 RESOLUTION ADOPTING THE 1998 DEBT SERVICE BUDGET WHEREAS, the preparation and adoption of operating budgets is recognized a sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the Andover City Council has the responsibility to appropriately and efficiently manage the funds of the City; WHEREAS, the City of Andover complies with the State of Minnesota Truth in Taxation requirements including soliciting public input through a public hearing; and NOW, THEREFORE, BE IT RESOLVED that the Andover City Council hereby establishes the 1998 Debt Service Budget as submitted. Adopted by the Andover City Council on this 16th day of December, 1997. ATTEST: Ltw ~ Victoria Yolk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R - 313 -97 RESOLUTION ESTABLISHING THE PERMANENT IMPROVEMENT REVOLVING FUND BUDGET. WHEREAS, the Permanent Improvement Revolving Fund was established to provide for the acquisition of equipment of financing of improvement projects deemed appropriate by the City Council; and WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial management for planning and monitoring financial condition; and NOW, THEREFORE BE IT RESOLVED that the City Council of City of Andover hereby established the 1998 budgets for the Permanent Improvement Revolving Fund. Adopted by the City Council of the City of Andover this 16th day of December, 1997. CITY OF ANDOVER ATTEST: ~ . E. McKelvey, May r ILL tfJb Victoria Volk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R314-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION CALLING PUBLIC HEARING ON IMPROVEMENTS OF SANITARY SEWER AND WATERMAIN PROJECT NO. 96-16 IN THE 14220 CROSSTOWN BOULEVARD NW AREA. WHEREAS, pursuant to Resolution No. 248-97, adopted the 21st day of October, 1997 a Feasibility Report has been prepared by the Citv Enqineer for the improvements: and WHEREAS, such report was received and accepted by the City Council on the 4th day of November, 1997; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated cost of $5.699.43. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 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 $5,699.43. 2. A public hearing shall be held on such proposed improvement on the 20th day of Januarv , 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 Council member Kniqht and adopted by the City Council at a reqular meeting this 16th day of December ,19~, with Councilmembers Dehn. Kniqht. Orttel. Kunza, McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ,[~ (/db Victoria Volk - City Clerk ATTEST: CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R315-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND CALLING A PUBLIC HEARING FOR THE IMPROVEMENT OF STREET LIGHTING, PROJECT NO. 97-48, IN THE AREA OF ROSELLA'S ADDITION WHEREAS, the City Council has received a petition, dated December 3, 19 97 requesting the installation of street lighting; and WHEREAS, such petition has been validated to represent the signatures of more than 50% 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. A public hearing shall be held on such proposed improvement on the 20th day of January, 1998 in the Council Chambers of the City Hall at 7:00 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 16th day of December, 19 97, with Councilmembers Dehn. Kniqht. Orttel. Kunza. McKelvev voting in favor of the resolution, and Councilmembers None against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: 2. {. llf/.~Lp tE. McKelvey - Mayor ~ ;;!dP Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R316-97 MOTION by Councilmember Dehn to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO OLD IS GOLD FOR PROJECT NO. 94-33G FOR THE IMPROVEMENT OF COMMERCIAL BLVD. NW EXT.lPHASE IIINVESTIGATION/MISTELSKE. WHEREAS, pursuant to City Council approval of quotations on Januarv 21, 19 97, Old Is Gold of Andover. MN has satisfactorily completed the construction. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember Kniqht and adopted by the City Council at a reqular meeting this 16th day of December, 19~, with Councilmembers Dehn. Kniqht. Orttel. Kunza. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: {j, {, J7k<~ {J.E. McKelvey - Mayor. L~;u IUb Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R317-97 MOTION by Councilmember Dehn 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. 97-49 , IN THE CHESTERTON COMMONS 2ND ADDTION AREA. WHEREAS, the City Council has received a petition, dated December 16, 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 $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 Council member Kniqht and adopted by the City Council at a reqular meeting this 16th day of December, 19 97, with Councilmembers Dehn. Kniqht. Orttel. Kunza. McKelvev voting in favor of the resolution, and Councilmembers None voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: 0. t. Jtlc-~lf (j J.E. McKelvey - Mayor LLd~ Victoria Volk - City Clerk