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HomeMy WebLinkAboutCC April 15, 1997 / ,J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting - April 15, 1997 agenda Call to Order - 7:00 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes Discussion Items 1. p, Hearing/Boat Trailer Parking/Crooked Lake Access boat 2, p, Hearing/Amend Ord. # 8, Section 703 ord8 3, Discuss Ord, # 222/Adult Uses/Nude Dancing ord222 4, Approve Modifications to Existing City Hall Roof, Continued roof 5, Declare Biting Dog dog 6, Fire Dept.Nerify Part-time Fire Marshal Position tiremarshal 7, City Hall Billboard billboard 8, Regulation of Daycares daycare 9, Assessments Verification/Pine Hills pinehills 10. Timber River Estates Discussion/Geotechnical Report report 11. Discuss Well #6/Feasibility Report/95-12 disc9512 12, Coon Creek Watershed District Appointment ccwd 13, Discuss Lift Station vs, Gravity Sanitary Sewer for Trunk Extension to ps9626 Woodland Estates/Approve Plans & Specs/96-26/S Y, ofSW Y. of Section 22 (Woodland Estates) 14, Discuss Special Request from North Suburban Development Regarding Building Permits for Indian Meadows 4th 15 ,Discuss Request/Ashford Development/Chesterton Commons/97-8 EDA Meeting 16, Restructure Economic Development Authority Reports of Staff. Committees. Commissions 17. Review Quotes on Janitorial Services Non-Discussion/Consent Items 18. Approve Purchase of2 (two) Pickups 19. Special Use PermitlReal Estate Sign/Hunter's Hollow 20, Approve Public Works Storage Site Plan & Dump Station 21. Approve Plans & Specs/97-14/Prairie Rd & Bunker Lake Blvd,lmprovement 22, Approve Quotes/Misc, Items/Sunshine Park 23, Approve Revised 1997 Park Capital Improvement Budget 24, Award Sale of Bond 25, Appoint Chairperson/Comprehensive Plan Task Force 26, Award Bid/Cherrywood Estates/96-30 Mayor-Council Input Payment of Claims Adjournment Bookmark Name minutes inmwds4 ashford restructure janitor pickup sign dump station ps9714 quotes pkcap bond task bid9630 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 15. 1997 AGENDA SECTION Approval of Minutes ORIGINATING DEPARTMENT City Clerk \ ~, I,' ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: March 4, 1997 EDA Meeting (copy attached) March 18, 1997 Joint City Council/Park Board Meeting (copy attached) April 1, 1997 Regular Meeting (Knight absent) April 1, 1997 HRA Meeting (Knight absent) . ) ) J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w, . ANDOVER, MINNESOTA 55304 · (612) 755-5100. ANDOVER ECONOMIC DEVELOPMENT AUTHORITY MEETING MARCH 4, 1997 - MINUTES A Meeting of the Andover Economic Development Authority was called to order by Mayor Jack McKelvey on March 4, 1997, 11:34 p.m., at Fire Station No.1, 13875 Crosstown Boulevard NW, Andover, Minnesota. Present: Absent: Also present: TIF REPORT Councilmembers Dehn, Knight, Kunza, Orttel None City Attorney, William G. Hawkins City Engineer, Scott Erickson Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others Mr. Fursman presented a summary of the Tax Increment Financing as of February 28, 1997. The cash balance is $3,665,960.22; however, with projected future expenditures, that balance is reduced to $151,4778.89. At this time, the EDA is not in a position to approve any other expenditures for TIF dollars. Bond payments are expected to run until J the year 2012, but it is projected that by that time there will be a cash reserve of $1,7 million based on conservative estimates of revenues. Discussion was on proj ected revenues of land sales. The Authority suggested a policy be established regarding the sale of commercial property as to what types of businesses are desirable, the cost of the land per square foot and the types of incentives that may be offered to businesses. No action was needed. REQUEST ASSISTANCE/MEDICAL CLINIC Mike Hurley, representing Columbia Park Medical Group, introduced Bruce Brenholdt, Executive Director and Rolf Skogerboe, Board of Directors from Columbia Park Medical Group. He explained they have three clinics now, in Columbia Heights, Fridley and Brooklyn Park. They are a family practice, community oriented medical group that takes all insurances and provides a full range of services, They are looking to expand into Andover because it is a growing community. They are proposing to locate just south of the proposed Bill's Superette site and build a 12,000 to 15,000 square-foot clinic in two phases. The first phase would cost about $1.9 million, and the second in three to four years would cost about $1.6 plus another $700,000 for equipment in the two phases. Because they expect an operating shortfall the first few years until a client base is established, they are asking Andover for some help with their initial outlay on the land or any other assistance. / Andover Economic Development Authority Meeting Minutes - March 4, 1997 Page 2 J (Request Assistance/Medical Clinic, Continued) Mr. Skogerboe explained they propose to build a multi-specialist center with 25 to 30 physicians. They presently have about 1500 Andover residents that utilize their physicians. They primarily use Unity Hospital, and they ask their physicians and employees to live in the community where they work. Their organization is physician owned and physician run. Mr. Hurley stated they looked at several other locations in Andover, but this one fits their needs best because it has a high traffic pattern and is closer to Unity Hospital, as opposed to any where further west which would identify with Coon Rapids Hospital. They do not feel a site further north would support the kind of practice they want to build. They would not be interested in property west of Hanson Boulevard because awbiance is a factor for their setting. Mr, Fursrnan stated the EDA is land rich and dollar poor. The party who owns the parcel desired hy the clinic may be int~rested in swapping that parcel for one in the commercial center for some type of restaurant and entertainment establishment. If interested, Staff could pursue that idea with all parties involved. It would not obligate the City in any way. If not, the EDA should let these gentlemen know !lOW. Mr, Hurley also stated they understand the EDA cannot make a decision j this evening. They are asking that they be allowed to explore alternatives and bring them back to the Authority. All of the members favored the proposal of the clinic, feeling there is a real need and it would be a great benefit to the City. However, Councilmember Dehn felt that fairness is an issue. What the Authority provides fer one business, it should provide to all. Without a policy in place, she did not know how any recommendation could be made. Councilmember Knight did not think fairness was an issue and had no problem exploring options for the clinic. Councilmember Orttel was not in favor of having any more bars in the City. He also felt it is inappropriate making deals when a policy has not yet been formulated. Councilmember Kunza felt a plan is needed before options can be explored. Mr. Brenholdt appreciated the encouragement and warm welcome. They want to serve the citizens in Andover, and they don't want something for nothing. The City wants the area along Bunker Lake Boulevard and Hanson Boulevard to develop. If an expensive, attractive professional building will help improve the neighborhood on the east side of Hanson Boulevard and also help to stimu~ate future demand on the west side, it will be a win-win situation. If o~her health care organizations are given similar considerations as they would be given, it would help the neighborhood and they would have no problem with it. / Mr. Carlberg stated Staff is working on designs for the development of that commercial park and will be looking at policies relating to the use of TIF incentives. Staff will be coming to the EDA relatively soon to address these items. Andover Economic Development Authority Meeting Minutes - March 4, 1997 Page 3 / (Request Assistance/Medical Clinic, Continued) Councilmember Dehn suggested the Council direct Staff to provide ideas and suggest policies of what types of businesses they would like to see built in the commercial area along Bunker Lake Boulevard and bring it back for the EDA to consider. The others agreed. No further action was taken this evening. MOTION by Dehn, Seconded by Kunza, to adjourn the EDA. Motion carried unanimously. The meeting was adjourned at 12:40 a.m. Respectfully submitted, \~~e~L Recording Secretary '\ J ) ( '. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.w, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 , / SPECIAL CITY JOINT COUNCIL/PARK AND RECREATION COMMISSION MEETING - MARCH 4, 1997 MINUTES A Special Joint Meeting of the Andover City Council and Park and Recreation Commission was called to order by Mayor Jack McKelvey on March 4, 1997. 6:35 p.m., at Fire Station No.1, 13875 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Dehn, Knight (arrived at 7:10 p.m.), Kunza, Orttel (arrived at 6:58 p.m.) None Chairperson O'Toole, Anderson, Barringer, Grabowski, Kieffer Blackstad, Lindahl Assistant City Engineer, Todd Haas Others Councilmembers absent: Commissioners present: Commissioners absent: Also present: COON CREEK BIKET~AY/WALKWAY TRAIL DISCUSSION/IP95-24 Mr. Haas reviewed the proposed Coon Creek Bikeway/Walkway Trail, Project \ 95-24, between Hanson Boulevard and Burlington Northern Railroad. The ) property for that trail was dedicated as part of the developments of Jonathan Woods, Foxberry Farms, Old Colony Estates, Creekview Crossing and Weybridge 2nd Addition on the north side of Coon Creek, plus from the Hills of Bunker Lake 011 the south side of the creek. That land was specifically taken for the future construction of a trail, which has been shown in the City's Comprehensive Plan since 1982. Residents that attended the informational meeting held by the Park and Recreation Commission generally were not in favor of the proposal, though a different alignment was suggested to move the trail closer to the creek. Staff looked at that alignment and determined it would increase the cost of the project by another $100,000. Also, because of the wetlands involved, it may not be possible to build it were the residents suggested. Mr. Haas also addressed several questions raised by the residents at the meeting with the Park Board. The Parks Departments has provided the guidelines and policies for maintenaace and signing of all parks and trailways. Only nonmotorized vehicles would be allowed except for City vehicles for maintenance reasons. The trail will be signed with stop signs where appropriate and other appropriate signage. The bridges will be prefab, similar to what is used for trails in other cities. Trees, plantings and wild flowers can be placed along the trail for buffers and aesthetics. Burlington Northern Re.ilroad requires the bridge, which will go under the tracks on the north side of the creek, to be fully enclosed from one end of the right of way to the other. The City has ) made a serious investment in land for this bikeway/walkway which was planned for that area from the onset. The trail would be open during normal park hours, which are set by ordinance, Special Joint City Council and Park and Recreation Commission Meeting Minutes - March 4, 1997 Page 2 (Cook Creek Bikeway/Walkway Trail Discussion, IP95-24, Continued) Councilmember Dehn had some concerns with snowmobiles that don't seem to recogni ze any signage in the City. Her other concern was with the potential of trespassing onto the back yards of private properties. She felt the planting of trees, shrubs and wild flowers would provide a vegetative barrier between the residents and the trail. Another concern is how emergency vehicles would approach the trail in the event of an emergency. Mr. Haas showed where access to the trail can be made from within the developments. The trail itself will be 10 feet wide to meet state guidelines. Garv Larson. 1294 141st Lane - represented himself and Patty Lindstrom and many of the residents. He reviewed the results of a survey taken of residents along both the north and south sides of Coon Creek regarding the proposed trail. Of those surveyed, 9 wanted the trail, 28 did not want it, 14 wanted a revised location of the trail, 4 had no opinion and 8 wer~ undecided, Nine residents were not contacted, (Councilmember Orttel arrived at this time, 6:58 p.m.) I Mr. Larson stated since the survey he received a call to inform him of pellets flying from passing train cars along the railroad tracks, which is a safety concern of having a trail along the tracks. Another called with the concern of running the trail under high tension electrical wires on Hanson Boulevard. He contacted the Anoka County Highway Department and found they have plans in the next five to ten years to expand Hanson and Bunker Lake Boulevards to fou~ lanes. How feasible is it to spend money for a trail along those roads if they are going to be torn up in a fe\l years? Mr. Haas stated the trails would be run along the edge of the right of way and would not be disturbed because of the reconstruction. Mayor McKelvey understood the widening of Hanson Boulevard would take place within the existing road bed, so pedestrian and bike tr~vel along there w0uld no longer be available, Then it will be necessary to have sorne type of walkway along there. Mr. Haas also reviewed the overall master trails plan for the vicinity and how the proposed trail will even::ually lead to Sunshine Park, the schools and to Kelsey-Round Lake Park. " Other residents preferred the trail be along the road of 140th Lane so the money would not have to be spent on this project or go behind their houses. One asked why the existing bridges over the creek are not used rather than installing ne~ ones. There we~e also concerns with children having to cross potentially four lanes of traffic on Hanson and Bunker Lake Boulevards. ,~othEr felt the City is r~shing into a project just because a small grant is available, but the constituents do not want it. (Councilmember j<'.night arr~c ved at this time, '7: 10 p, m. ) I Questions from the audie~ce were on the extension of the trail along the creek west of Hanson Boulevard, the lack of resources to patrol the trails, using the streets for the trails rather than building them behind back yards and diuturbing the natural and wild life areas along Special Joint City Council and Park and Recreation Commission Meeting Minutes - March 4, 1997 Page 3 ( (Cook Creek Bikeway/Walkway Trail Discussion, IP95-24, Continued) the creek, the fear of lowered property values as a result of the trail, that the trail itself often runs very close to private property lines, and that the current bridge has water in it on occasion so no one can walk through it. There were also accusations that the residents have not been given enough time to express their opinions to the City and that many people do not even know about the proposal. The Mayor, Staff and Commissioners explained the trail plan was approved as a part of both the 1982 and 1991 Comprehensive Plans. There was a systematic taking of valuable property along the creek for the trail system. After further discussion, it was agreed to hold another informational meeting with residents and to invite all residents in the City to learn about the overall trails plan. No meeting date was set at this time. The special joint meeting was closed at 7:29 p.m. Respectfully submitted, \V\~Ct~l , Marcella A. Peach ) Recording Secretary / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 15. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. Public Hearing: Boat Trailer Parking Crooked Lake Access I. The City Council is asked to hold a public hearing to consider an amendment to the parking ordinance which would prohibit the parking of boat trailers without boats on school property or within one thousand (1,000) feet of the launch site, . J As you are aware, this amendment is being requested by the Crooked Lake Association, Said amendment would read as follows: Section 2. Parking of Boat Trailers The parking of boat trailers without boats is prohibited on school property or within one thousand (1,000) feet of any boat launch site, Parking space specifically designated for boat trailer parking adjacent to the boat launch site, and boat trailers located on private property are exempt from the requirements of this Section, The parking ordinance has recently been reviewed by staff and the Planning and Zoning Commission, A new ordinance (Ordinance No, 218) has been drafted for City Council approval that takes into account this language, ) .,.- ,;t~ ~ 'l,~'. If .~." ~" ,....,;..il~: ~:> -':" ~ c,..t '. " ~' '~~!;1 ~"...~.. a~i/' ~;-;;::;;:-:- -",v-. i ii, ' ':;.il ,.~~,~. ~"l:'"" -, <a: -l " ~, Pi. .~. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: March 18. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Administration Richard Fursman ITEM NO. D~lcUSS Letter/Crooked Lake Area Association The residents of Andover living on Crooked lake are faced with three issues for the council to consider. Lake :-esidents are battling the reemergence of Eurasian Milfoil. High volume of traffic on the lake is causing a .,'ncem for safety, Improving the water quality of the lake is another concern, I. Dealing with the reemergence of Eurasian Milfoil: Late last summer the DNR found milfoil growing in a number of locations, The lake association is looking into the possibility of hiring a private contractor to provide for a maintenance and control program, Request: Financial assistance to hire contractor, Qutstions for association: - Is the City of Coon Rapids willing to help as well? - What is the estimated cost of the program? - What level of assistance is being requested? City resources available: Contingency Fund, Present Balance = $35,000 Safe(y on the Lake: High speeds and lake congestion are a serious problem. A major contributor to the problem are the number of visiting water craft. The boat launch and trailer parking area provides room for four (4) trailers. The limited parking was intended to control the number of motorized craft on the lake, Presently, numerous boaters park across the street in the school Jots and in residential areas, e uest: Association members are requesting the council consider an ordinance which wouldprollibit the parking of boat trailers without boats in school lots, or within 1000 feet of the launch (except for private property), Improving water quali(y: Runoff from streets and yards is hard on the lake, Early sweeping of the streets in the area can reduce the amount of pollution entering the lake and streams, Request: Sweep roads in watershed area for the lake as soon as possible in the spring, and then again after the leaves fall. Note: Plans are being made to ensure timely sweeping of tile area of concern. toJ \ / ~ " / i :iF; i~~ ;: /.a.. :. . :3 4" :-:1"';.':.. ; /--; ->' .... Z :::l o U a :~ /.., ~~ EA~ 2 ~ I .- '::: ..! " i / -,.r.:'.7e ~'.f; . ~'~I -- ....,:'1." __......; ',1./1 . i;'o,,134TH.,_ .L~ ;.," .. ," ',.' I . _ .~_ ,.. .. Tc. . ,...?~ .... ;;.-....;-";'..:;- CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO, 218 AN ORDINANCE ESTABLISHING PARKING RESTRICTIONS IN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: Section 1. Parking (City Street/Public Right-or-Way) Restrictions. A, It shall be unlawful for any person to leave, park, permit or allow any vehicle to stand or remain upon any City street or right-of-way or on the traveled portion of the road or to obstruct the flow of traffic, unless for an emergency, between the hours of one (1 :00) o'clock a,m, and six (6:00) o'clock a,m, from November 1 to April15, except as provided by this ordinance, (33F, 10-15-96) B, It shall be unlawful to park or permit to be parked, or to continue to park or permit to stand, any vehicle upon any City street after two (2) inches or more snowfall until such time the snow has been plowed from said street. (33E, 2-1-94) C, It shall be unlawful for any person to leave, park, permit, or allow any vehicle in excess of twenty-four (24) feet in length or having a weight in excess of one (1) ton to stand or remain upon any street or right-of-way or on the traveled portion of the road or to obstruct the flow of traffic at any time of any day unless such vehicle is being used for the purpose of moving goods from or to a commercial or residential location within one (1) block from where such vehicle is located, In no instance shall any vehicle described as being in excess of twenty-four (24) feet or having a weight in excess of one (1) ton be left, parked or permitted to be parked on any street or right-of-way for a period of more than two (2) continuous hours of any day, (33B, 2-15-83) D, No property of any kind or description, except motorized vehicles, together with property lawfully attached thereto, may be parked, stored, or permitted to stand upon any City street or right-of-way at any time, except as the same may be permitted by resolution of the City Council. (33A,1-16-79) E, It shall be unlawful for any person to leave, park or permit any vehicle to be parked in front of or in such a manner or place, as to interfere with or hinder access by persons or vehicles to mail boxes or receptacles therefore or to park or permit to be parked any vehicle in such place or manner as to obstruct or hinder access to any driveway, whether the same are public or private, 1 F, Notwithstanding the foregoing restrictions, the City Council may impose additional parking restrictions on streets within the City if in its opinion such restrictions are necessary to protect the health, safety and welfare of persons or property, Streets subject to such additional restrictions shall be designated by City Council resolution and such restrictions shall not be enforced until after posted notice thereof on such streets has taken place, (33C, 5-19-87) Section 2. Parking or Boat Trailers. The parking of boat trailers without boats is prohibited on school property or within one thousand (1,000) feet of any boat launch site, Parking spaces specifically designated for boat trailer parking adjacent to the boat launch site, and boat trailers located on private property are exempt from the requirements of this Section. Section 3. City Street or Public Right-or-Way Obstructions. No person shall deposit or permit to be deposited and leave on any public street in the City leaves, grass, sand or similar materials, nor shall any person plow, shovel, or blow or permit the blowing, shoveling or plowing of snow onto a public street in the City and leaving it. This provision shall not apply to any person who is in the process of constructing or maintaining a yard or drive provided that the materials are immediately removed from the street. I Section 4. Parking Violationsffowing. The designated law enforcement official is hereby authorized and empowered to remove or cause to be removed any vehicle parked, stored, stalled, or standing on City streets in violation of any of the provisions of this ordinance, Said vehicles may be removed by towing or otherwise and be stored in garages or outside storage areas by persons, individuals, or firms engaged in the general garage or towing business within the City, Said vehicles shall not be removed from place stored until the owner or their authorized agent shall have fully paid the costs incurred for towing and storage to the person or firm who has furnished such service, In the event that any vehicle held or stored is not claimed or recovered by the owner thereof, there is deemed to be imposed upon such vehicle a possessory lien for the amount of the costs incurred for towing and storage, Such lien shall be foreclosed in the manner provided by law for the foreclosure of possessory liens, ) Upon proof that a certain vehicle was parked, stored, or allowed to stand in violation of this ordinance and that a certain person is the registered owner of said vehicle, this shall be prima facie evidence that such person committed or authorized the commission of such violation, 2 Section 5. Enforcement. Community Service Officers or the Anoka County Sheriffs Department may issue citation for violations of this ordinance, provided that no Community Service Officer may require a person served to sign a promise to appear with respect to any such citation, Section 6. Penalty. Any person, finn, or corporation violating any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by State law, Adopted by the Andover City Council on this _ day of , 1997, ATTEST: CITY OF ANDOVER I Victoria V olk, City Clerk J. E, McKelvey, Mayor 3 / '\ I '-J ~ , "- '-..J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The City Council of the City of Andover will hold a public hearing at 7:00 p,m. or as soon thereafter as can be heard, on Tuesday, April 15, 1997 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to discuss restricting the parking of boat trailers at the Crooked Lake Public Access on Bunker Lake Boulevard NW, All written and verbal comments will be received at that time and location, A copy of the agenda item will be available at the Andover City Hall for review prior to said meeting. U ! d~ / . .; / (;.~ Victoria Volk, City Clerk Publication Dates: April 4, 1997 April 11, 1997 Occupant 13641 Heather Street NW Andover, MN 55304 Occupant 13633 Heather Street NW Andover, MN 55304 / Occupant 13617 Heather Street NW Andover,MN 55304 Occupant 13609 Heather Street NW Andover, MN 55304 Occupant 13557 Heather Street NW Andover, MN 55304 Occupant 13547 Heather Street NW Andover, MN 55304 Occupant 13527 Heather Street NW Andover, MN 55304 Occupant 13517 Heather Street NW Andover, MN 55304 Occupant 13465 Heather Street NW Andover, MN 55304 Occupant 13447 Heather Street NW Andover, MN 55304 . , L / upant 13435 Heather Street NW Andover,MN 55304 Occupant 13425 Heather Street NW Andover, MN 55304 Occupant 13405 Heather Street NW Andover, MN 55304 Occupant 13365 Heather Street NW Andover, MN 55304 Occupant 13345 Heather Street NW Andover, MN 55304 Occupant 13350 Heather Street NW Andover, MN 55304 Occupant 13315 Lily StreetNW Andover, MN 55304 Occupant 2920 Bunker Lake Boulevard NW Andover, MN 55304 Oc~upant 24 Gladiola Street NW / Andover, MN 55304 Occupant 13608 Gladiola Street NW Andover, MN 55304 Occupant 13625 Heather Street NW Andover, MN 55304 Occupant 13601 Heather Street NW Andover, MN 55304 Occupant 13537 Heather StreetNW Andover, MN 55304 Occupant 13507 Heather Street NW Andover, MN 55304 Occupant 13445 Heather Street NW Andover, MN 55304 Occupant 13415 Heather Street NW Andover, MN 55304 Occupant 13355 Heather Street NW Andover, MN 55304 Occupant 13333 Lily Street NW Andover, MN 55304 Occupant 2908 Bunker Lake Boulevard NW Andover, MN 55304 Occupant 13558 Gladiola Street NW Andover, MN 55304 Occupant 13554 Gladiola Street NW Andover, MN 55304 Occupant 13524 Gladiola Street NW Andover, MN 55304 Occupant 13522 Gladiola Street NW Andover, MN 55304 Occupant 13520 Gladiola Street NW Andover, MN 55304 Occupant 13514 Gladiola Street NW Andover, MN 55304 Occupant 13504 Gladiola Street NW Andover, MN 55304 Occupant 13458 Gladiola Street NW Andover, MN 55304 Occupant 13450 Gladiola Street NW Andover, MN 55304 Occupant 13440 Gladiola Street NW Andover, MN 55304 Occupant 13428 Gladiola Street NW Andover, MN 55304 Occupant 13364 Gladiola Street NW Andover, MN 55304 Occupant 13354 Gladiola Street NW Andover, MN 55304 Occupant 13344 Gladiola Street NW Andover, MN 55304 Occupant 13336 Gladiola Street NW Andover, MN 55304 Occupant 13326 Gladiola Street NW Andover, MN 55304 / (J".:upant 13316 Gladiola Street NW Andover, MN 55304 Occupant 13306 Gladiola Street NW Andover, MN 55304 Occupant 2940 - 135th Lane NW Andover, MN 55304 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 15. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. Public Hearing: Amend Ordinance No, 8, Section 7,03 - Special Uses ~. The City Council is asked to approve an amendment to Ordinance No, 8, Section 7,03 - Special Uses, Said amendment reflects the current ordinance No, 222 - Adult Use Businesses, / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO, 8XXXX AN ORDINANCE AMENDING ORDINANCE NO, 8, KNOWN AS THE ZONING ORDINANCE OF THE CITY OF ANDOVER, The City Council of the City of Andover hereby ordains: Ordinance No, 8, is hereby amended as follows: Section 7.03 Special Uses GB General Business District Adult Use Businesses as defined in Ordinance M #222 and as ascended amended, I Industrial Districts Adult Use Businesses as defined in Ordinance M #222 and as amended, / Note: All other information provided in this and other Sections of the Zoning Ordinance shall remain as written and adopted by the City of Andover. Adopted by the City Council of the City of Andover on this 15th day of April, 1997, ATTEST CITY OF ANDOVER Victoria V olk, City Clerk ], E, McKelvey, Mayor - \ '-.J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The City Council of the City of Andover will hold a public hearing at 7:00 p,m, or as soon thereafter as can be heard, on Tuesday, April 15, 1997 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to amend Ordinance No.8, Section 7,03, Special Uses, Said amendment would allow adult use businesses (as defined by Ordinance No, 222) by Special Use Permit in General Business and Industrial zoned districts, All written and verbal comments will be received at that time and location. A copy of the proposed amendment will be available at the Andover City Hall for review / \ prior to said meeting, \J /[Z:i~ if ,/p Victoria V olk, City Clerk Publication Dates: April 4, 1997 April 11, 1997 , '\ '-..-J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 15. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnso ITEM NO. Adult Uses (Adult Cabarets) 8. At the last City Council meeting, Council asked staff to research the topic of nude dancing/adult cabarets and determine if we can legally ban this type of an adult use in the City, As you are aware this type of use is regulated in Ordinance No, 222 - Adult Uses, Staff has contacted the City Attorney in regards to this matter and has indicated that the City should not ban this type of an adult use (constitutional rights protect the owners who wish to operate or open an adult use establishment in a community), The Courts have concluded that this type of business or use is therefore protected by the First Amendment. I The primary way that nude dancing establisments can be regulated are through zoning regulations, licensing, and prohibiting this use in licensed liquor establishments, The U, S, Supreme Court has affirmed the right of cities to use locational zoning ordinances to regulate adult use businesses without infringing on the constitutional rights of the establishments, Nude dancing may be prohibited in licensed liquor establishments when all nudity is prohibited in these bars, provided it is permitted in various other defined areas within the City, As you are aware, our adult use ordinance prohibits adult uses from selling or dispensing any non- intoxicating or intoxicating liquor, The City Council may ask staff to amend this ordinance to ban nude dancing, but it is quite evident that the City would be challenged upon any request. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: April 15 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Ericksond[ Engineering ITEM NO. Approve Modifications to Existing ::;ity Hall Roof, Cont. il. At the April 1, 1997, City Council meeting the City Council tabled this item for additional information, The City's construction manager, Craig Kronholm of A&P, will be available at the Council meeting to provide additional information regarding this construction and answer any other questions the Council may have. If the Council concurs with the work, a change order will be submitted for your approval. J MAR-31-97 MON 11:40 AM ADOLFSON PETERSON FAX NO. 16125252340 e3/21,'1"7 ee:55 F~OI't ROOF TIiC~, INC. TO :;252::133 , , ......... HOOf TtCH . INC. Commercial Roolingend Waterproofing , J March 21. 1997 Mr. Craig Kronholm . Adol1son &. peterson, Inc. 6701 We9t 23rc1 Street Minneapolis. MN 55426 Re: Andover City Hall - Reroof Craig, Below you will find II break-out for the Deducts and Adds for Changing the to a parapet for the Existing City Hall Roof, and an Add ~rice to install Prefi . Soffits at Doors 111 A and 112A, . . Change Edga Condition at the Existing City Hall. , DEDUCT:. Materials: 60 mil EPDM: 3/4' Woodfiber Bd: Bonding Adhesive: 3/4-Plywood: ' G" Cover Strip: 12" Drip Edge: Cover Plate: Keeper: 156S Sf @ $O,41/9f . 1566 Sf@$O.21/8f... 26 Gal. @ $14.00/~a/ = , 205 $f @ $Q,e1/Sf '" 410 lft@ S1.15/lft;:: 410 Lft @ $1.50/l~ = 41 Ea @ i3.00lEa "'" 410 Lft@ $O.40/lft... $642.00 $328.00 S3G4.00 $1ee.OO $471,00 s615,OO $123.00 $1~.CO Total Materials: $2.673,00 labor. 4 Men 8 Hrs. @ $44.80/Hr = $1.434.00 Total Labor:: Total Material & Labor: 1~ MElrk-up: $1 ,434.00 $4~7.00 $4W.OO Total DecklctAmount: <$4,737.00> 14520 North 51 M Street Court. P.o. /1Qx 700 Sd/lwa.tfJr, MN 66(]82 . (612) U1-r.J{)2 .F6x: (612)361-7 P.03 P.92 ~C'.......: ~YI~ _..:~ ., '7 '-(7.37 (oo/L - H?~ '7 ( $27 '7\ l \.J ! -0 '-../ MAR-31-97 MON 11:40 AM ADOLFSON PETERSON 11:3'21'1"7 ae::!6 .ROI'I ROO. TEcH. lHe. i ADD: Materials: GO mil EPDM: 1750 Sf @ SO.41/Sf _ 6" RTS: 350 Lft @ $O.40/L.ft = Plate & Fastener:. . 350 Ee. @ $O.30lEa =. Primer: . 3 Gal @ S9.50/GaI = Seam Adhesive: 4 Gal @ $19.oo/GaI = &ndlng Adhesive: 24 GaI@ $13.OQ/GaJ :::; g" Uncured EPOM: . 50 Lft @ $O.65Jlft = Cl'ickets: ' 1 Lot @ $1,048.00 = 24" Cap: 350 Lit @ $3.15,1...1t .. Cover Plates: 37 Ea @ $3,oo,'Ea "" Keeper: ' 350 lft @ SO.40/Lft .. Scuppers: . SEa @ $4O.OOIEa - Total Material: Labor: 4 Men e Hrs 3.5 Days @ $44.eolHr :m Total Laobr: ToW MaterHlJ I: Labor: 10 ~ Mark-up: Totlll Add Amount: Add Prefirrished Metal Soffits at Doors 111 A and 11 2A Atomic Sheet Metal PrIw: Roof Tech 10% Mark-up: Total Add AlnOdnt FAX NO. 16125252340 TO 52S23S~ $718.00 $140.00 $105.00 $29,00 $76.00 $312.00 ~.oo $1,048.00 $1,102.00 $111.00 $176.00 1240,00 $4,089.00 $5,017.00 $5.017 .00 'S9,1oe.oo $910.00 $10,016.00 $4OO.QO $40,00 $4l!IO.OO ' Please feel free to contact uS with any questions'that you may have. SIrx:erery,. rprt? 9 ft~ , 8rian D. Brezinka Estimator/Project Manager c::>1t:: TOTRL P.93 P. 04 P.03 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: April 15. 1997 AGENDA SECTION Discussion Items ORIGINATING DEPARTMENT City Clerk \.~ ' ITEM NO. gnsider Declaring a Dog a "Biting Dog" The City Council is requested to declare an Australian Shepherd mix as a "biting dog", The dog is owned by Brenda Lee Hobart, 17110 Navajo Street NW, On July 11, 1996 the dog bit Crystal Luebesmier, age 10 and on March 28,1997 the same dog bit the same child, \ J After the March dog bite, the Hobarts were instructed to quarantine the dog for 10 days and before the 10 days were up, the dog was observed running at large. Attached for Council review are copies of the police reports on this dog and a resolution declaring the dog a "biting dog", The dog owner and the mother of the child who was bitten have been notified of the meeting, ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J NO,R 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, E. McKelvey - Mayor Victoria Volk - City Clerk I Call for service Anoka County Sheriff's Dept. Incident: 97052972 INCIDENT CASE REPORT isn: 01 Juvenile Involved ili activity: cfs activity: date-tm rptd: operator id: mise number: time received: time dispatch: time arrived: time complete: evidence: location: addr num high: -No Entry 50003 -Dog bites 3/28/97 1021 how recvd: mari disposition: unit assnd: off1 assnd: off2 assnd: patrol area: grid: juris: navajo st nw 1021 1021 1036 1122 no 17170 I I I I I I I I a2000 -andover co 9)co 7,157th)181s! 01 -mn002120x - Andover I apt: city: andover I s t: mn zip: I I s 5z47 cso07 -No Entry -Assit./Advised -Andover CSO -CSO William Carik -No entry -no entry Offense Person Reporting Juv Person Reporting Vj -oim / Juv Victim isn: 01 None -- None None None name: luebesmier, crystal kay address: 17170 navajo st nw sex: f -FEMALE race: w -WHITE eyes: -No Entry isn: 1 psn: 9 activity: 50003 -Dog bites dob: 8/24/85 age: 11 andover mn h g t &- wg t: ph: 612-323-7667 Adult Arrested Juv Contact None None Run: 3/31/97 10:26 mari (continued) page 1 signed: Anoka County Sheriff's Dept. Incident: 97052972 INCIDENT CASE REPORT / Juvenile Involved Juv Owner name: hobart, jennifer lynn address: 17110 navajo st nw sex: f -FEMALE race: w -WHITE eyes: -No Entry dob: 7/09/84 andover mn age: 12 55304-0000 hgt & wgt: ph: 612-422-8442 isn: 1 psn: 2 activity: 50003 -Dog bites Juv Owner I I I I I I I I isn: 1 psn: I activity: I. / name: hobart, melissa joann address: 17110 navajo st nw sex: f -FEMALE race: w -WHITE eyes: -No Entry dob: 2/02/86 age: 11 andover mn hgt & wgt: ph: 612-422-8442 3 50003 -Dog bites Vehicle isn: 01 None STOLEN property isn: 01 None EVIDENCE property isn: 01 None \ ) Run: 3/31/97 10:26 mari (complete) page 2 csw-print20r05t102611 Anoka County Sheriff's Dept. Incident: 97052972 INCIDENT NARRATIVE REPORT ; Juvenile Involved Writer: mari Action Date-Time: 03/31/97 10:23:00 On 3-28-97 at 1021 hours, Crystal was watching her two brothers play tennis in the roadway when the two owners of the dog were rollerblading down the street. Melissa had the dog on the leash when they got to the point where the kids were playing tennis. The dog broke from the owner and bit the victim in her left ankle where she has two teeth marks where it broke the skin. This was the 2nd time this person was bitten by this dog. The dog is an Austrailian Shepherd mix with Blue Hillerd. a medium sized dog, black with white and brown patches. (#96-129000) It is I advised the owner that I have to quarantine the dog to because it broke the skin. The dog had it rabies shots. their house This dog also attacked kids before but did not bite. (#96-128956) I then cleared. Th J will be going to Andover City Hall Clerk on Monday, 3-31-97. CSO Carik cc: Andover City Hall ---------------------------------------- \ ) Run: 3/31/97 10:26 mari (complete) page 3 csw-print20r05t102611 . - Office of A1VOKA COUNTY SHERIFF KE,'iSETJI G, WILKINSON 325 Jackson Street - Anoka, Millllesota 55303 612-421-4760 Fax 612-422-7503 DOG BITE REPORT City of Occurrence: 4\1)0 c)LF Case Number: q 7 - ^c;-7 7 -Z . Deputy: Dog Owner: !k--J...,,+. T .,'1. 1),. ...M I.JC c., SG . Co- ~ '. 'f- DOB: /D--/ ~- (,Lj Owner Address: / "7 J J(") . IJA\lA 30 Sl tJ L. J Phone Number: Lf c Z. fjLjLf z.. Dog's Name (if know: ..--:- "/ /'7'<'." ,. , Dog's Description (Breed, Size, Color, Hair Length) /:1..,51".'_/"<1) :5Lr&--/ - t5 (...<., )./:/"'-;- J M-4/ 7)/"-,,1. I..,'.(.L.. w\.,k c,~j75N'~...J ? I--...i-;). :::>kyt t.~;~ . Substantial Eodily Harm: Y N 'X Unprovoked At.t.ack: Y X N Bite Wound: Y 'x' N OR Chased: Y N )< DO NOT WRITE BELOW THIS LINE On File: Y N Dcg was declared potent.ially dangerous: Y Dog is declared pot.entially dangerous: Y Date: N N Dog was declared dangerous: Y Dog is now declared dangerous:Y Date: Date: N N Previous reports on file: WHEN THIS REPORT IS RETURNED TO YOU, THEN TAKE THE NECESSARY ACTION Affirmative Action I Equal Opportunity Employer Anoka County Sheriff's Dept. Incident: 94134349 INCIDENT NARRATIVE REPORT Call for service isn: 01 ili activity: cfs activity: date-tm rptd: operator id: mise number: time received: time dispatch: time arrived: time complete: evidence: location: addr num high: 17110 rmks: Reporting Party upon revieu by captain -No Entry m8199 -CRUELTY TO ANIMALS-OTHER 8/02/94 1157 how recvd: buel disposition: n unit assnd: 1157 offl assnd: 1157 off2 assnd: 1226 patrol area: 1233 grid: no juris: navajo st nu u lz25 12099 I I I I I I I I I a2000 -andover co 9)co 7,157th)181sl 01 -mn002120x - Andover I apt: city: andover I st: mn zip: 55304-0000 I I I I -No Entry -Unfounded -Patrol-A-Andover -Dep. Suaggert -No entry -no entry / - MN Federation Humane Society christ, unfound 8-4-94 Offense isn: 01 activity: m8199 -CRUELTY TO statute: CHAPTER 343 case ref: disposition: u -unfounded ANIMALS-OTHER earliest occ'd: latest occ'd: disp date: 8/02/94 1157 8/04/94 / Person Reporting None Juv Person Reporting None Victim None Juv Victim None Adult Arrested None Juv Contact None Person With Knouledge name: hobert, brenda lee address: 17110 navajo st nu sex: f -FEMALE race: u -WHITE eyes: -No Entry dob: 10/15/64 andover mn age: 29 55304-0000 hgt & wgt: ph: 612-422-8442 isn: 1 psn: 2 activity: m8199 -CRUELTY TO ANIMALS-OTHER Run: 3/28/97 12:11 lori (continued) page 1 signed: Anoka County Sheriff's Dept. Incident: 94134349 INCIDENT NARRATIVE REPORT Owner name: hobert, timothy harlen address: 17110 navajo st nw sex: m -MALE race: w -WHITE eyes: -No Entry dob: 4/24/59 andover mn age: 35 55304-0000 hgt & wgt: ph: 612-422-8442 isn: 1 psn: 1 activity: m8199 -CRUELTY TO ANIMALS-OTHER Vehicle isn: 01 None STOLEN property isn: 01 None EVIDENCE property isn: 01 None / Run: 3/28/97 12:11 lori (complete) page 2 csw-print20r05t121112 Anoka County Sheriff's Dept. Incident: 94134349 INCIDENT NARRATIVE REPORT Writer: buel Action Date-Time: 08/03/94 01:20:05 / -------------------------------------- Received complaint regarding an anonymous call to Humane Society about owner kicking, hitting with a stick and shooting with a BB gun, the family dog. Found dog to be in good health. Owner admitted to attempting to teach dog yard boundary with aid of a stick. Denied any use of BB gun. Cleared 1233 hours. Deputy Swaggert 8/3/94/tb ******** SUPPLEMENTAL ******** Dog found to be in good health, shows no signs of abuse, no signs of fear of owners. Deputy Swaggert, 8/4/94/bf / / Run: 3/28/97 12:11 lori (complete) page 3 csw-print20r05t121112 Anoka County Sheriff's Dept. Incident: 96128956 Call for service isn: 01 INCIDENT NARRATIVE REPORT ili activity: -No Entry cfs activity: 50004 -Dog complaints date-tm rptd: 7/12/96 1652 how recvd: operator id: lori disposition: mise number: n unit assnd: time received: 1652 off1 assnd: time dispatch: 1652 off2 assnd: time arrived: 1709 patrol area: time complete: 1800 grid: evidence: no juris: location: 17100 navajo st nw addr num high: 17199 rmks: see 96-129000 as well -No Entry -Assit./Advised -Andover CSO -CSO Gary Westlund -No entry -no entry a0000 -andover 01 -mn002120x - Andover apt: city: andover st: mn zip: 55304-0000 s 5z47 cs006 Offense isn: 01 -- None -- Person Reporting J I I I I name: fleisher. celia jane address: 17125 navajo st nw sex: f -FEMALE race: w -WHITE eyes: -No Entry isn: 1 psn: 9 activity: 50004 -Dog complaints dob: 9/16/64 andover mn county: 02 -Anoka hgt & wgt: ph: 612-427-8127 age: 31 55304-0000 Juv Person Reporting None Victim None Juv Victim None Adult Arrested None Juv Contact None Run: 3/28/97 12:11 lori (continued) page 1 signed: Anoka County Sheriff's Dept. Incident: 96128956 INCIDENT NARRATIVE REPORT Owner / name: hobert, brenda lee address: 17110 navajo st nw sex: f -FEMALE race: w -WHITE eyes: -No Entry dob: 10/13/64 andover mn county: 02 -Anoka hgt & wgt: ph: 612-422-8442 age: 31 55304-0000 isn: 1 psn: 1 activity: 50004 -Dog complaints Vehicle isn: 01 None STOLEN property isn: 01 None EVIDENCE property isn: 01 None ; Run: 3/28/97 12:11 lori (complete) page 2 csw-print20r05t121112 Anoka County Sheriff's Dept. Incident: 96128956 INCIDENT NARRATIVE REPORT Writer: lori Action Date-Time: 07/17/96 14:11:00 The complainant stated that while her children were in the street in front of their residence, juveniles from 17110 Najavo Street instructed their dog to attack the complainant's children. The dog reportedly chased but did not have physical contact with the children. 4z45 and I advised the dog owner of Andover Ordinance #53 and possible consequences resulting from the dog's actions. eso Westlund ---------------------------------------- j Run: 3/28/97 12:11 lori (complete) page 3 csw-print20r05t121112 Anoka County Sheriff's Dept. Incident: 96129000 Call for service isn: 01 INCIDENT NARRATIVE REPORT Juvenile Involved ili activity: cfs activity: date-tm rptd: operator id: misc number: time received: time dispatch: time arrived: time complete: evidence: location: addr num high: 17110 rmks: see 96-128956 as well -No Entry 50003 -Dog bites 7/12/96 1652 how recvd: lori disposition: n unit assnd: 1652 off1 assnd: 1652 off2 assnd: 1709 patrol area: 1800 grid: no juris: navajo st nw -No Entry -Assit./Advised -Andover CSO -CSO Gary Westlund -No entry -no entry a0000 -andover 01 -mn002120x - Andover apt: city: andover st: mn zip: 55304-0000 s 5z47 cs006 Offense None -- isn: 01 Person Reporting None Juv Person Reporting None Victim None Juv Victim name: luebesmier. chrystal address: 17170 navajo st nw sex: f -FEMALE race: w -WHITE eyes: -No Entry kay isn: 1 psn: 2 activity: 50003 -Dog bites dob: 8/24/85 andover mn county: 02 -Anoka hgt I'< wgt: ph: 612-323-7667 age: 10 55304-0000 Adult Arrested None Juv Contact None / Run: 3/28/97 12:11 lori (continued) page 1 signed: Anoka County Sheriff's Dept. Incident: 96129000 Ol.Jner INCIDENT NARRATIVE REPORT Juvenile Involved / name: hobert, brenda lee address: 17110 navajo st nl.J sex: f -FEMALE race: I.J -WHITE eyes: -No Entry isn: 1 psn: 1 activity: 50003 -Dog bites dob: andover county: hgt & I.Jgt: ph: 10/13/64 age: 31 mn 55304-0000 02 -Anoka 612-422-8442 Vehicle isn: 01 STOLEN property isn: 01 EVIDENCE property isn: 01 / Run: 3/28/97 12:11 lori (complete) None None None page 2 csw-print20r05t121112 Anoka County Sheriff's Dept. Incident: 96129000 INCIDENT NARRATIVE REPORT Juvenile Involved Wri ter: lori Action Date-Time: 07/17/96 14:00:00 ~---- On 7/11/96, at 1100 hours, the victim entered the dog owner's yard to see a friend when the dog reportedly attacked and bit her on the right calf, without being provoked. The bite left a bruise, but did not break the skin. 4z45 and I spoke to the dog owner and advised her of Andover Ordinance ~53, but did not advise to quarentee the dog because the bite did not break the skin. CSO Westlund .I Run: 3/28/97 12:11 lori (complete) page 3 csw-print20r05t121112 Call for service Anoka County Sheriff's Dept. Incident: 96132728 isn: 01 INCIDENT NARRATIVE REPORT / ili activity: cfs activity: date-tm rptd: operator id: misc number: time received: time dispatch: time arrived: time complete: evidence: locati.on: addr num high: rmks: see also tag 584-850 -No Entry 50006 -Dog at large 7/17/96 1059 how recvd: lori disposition: n unit assnd: 1059 off1 assnd: 1059 off2 assnd: 1059 patrol area: 1059 grid: no juris: navajo st nw 17110 96-12900 as well -No Entry -other -Andover CSO -CSO Todd Hanson -No entry -no entry a0000 -andover 01 -mn002120x - Andover apt: city: andover st: mn zi.p: 55304-0000 t 5z47 cs001 Offense Person Reporting isn: 01 -- None -- age: name: hanson, todd william 1lddress: sex: m race: w I empl/parent: acso -MALE -WHITE cso isn: 1 psn: 9 activity: 50006 -Dog at large dob: mn hgt &. wgt: work ph: 612-754-4545 Juv Person Reporting Victim Juv Victim Adult Arrested Juv Contact / Run: None None None None None 3/28/97 12:11 lori (continued) page 1 signed: Anoka County Sheriff's Dept. Incident: 96132728 INCIDENT NARRATIVE REPORT Ticket Issued / name: hobert. brenda lee address: 17110 navajo st nw sex: f -FEMALE race: w -WHITE eyes: -No Entry dab: 10/13/64 age: 31 andover mn 55304-0000 county: 02 -Anoka hgt & wgt: ph: 612-422-8442 isn: 1 psn: 2 activity: 50006 -Dog at large Vehicle isn: 01 None STOLEN property isn: 01 None EVIDENCE property isn: 01 None Run: 3/28/97 12:11 lori (complete) page 2 csw-print20r05t121112 Anoka County Sheriff's Dept. Incident: 96132728 INCIDENT NARRATIVE REPORT Writer: lori Action Date-Time: 07/17/96 13:32:00 Whiel I was out on follow-up from two other calls on this same dog, I witnessed the dog running loose in the yard with no one else present. I noticed the dog lying under a truck in yard when I left. Other ICRs are 96-128956 and 96-129000. CSO Hanson cc: Clerk of Courts J Run: 3/28/97 12:11 lori (complete) page 3 csw-print20r05t121112 ,J :J 'J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 15, 1997 AGENDA SECTION Discussion Item-Clarify Hiring of Part-time Fire Marshal ORIGINATING DEPARTMENT Fire Department Dan Winkel, Fire Chief h tj), ITEM NO. (0, At the request of City Council, this item was tabled at a previous Council meeting, Staff is asking for a clarification on this position, Enclosed, Council wiII find a copy of an informational memorandum that was distributed for the February 4, 1997 City Council meeting, In addition to the information provided, staff would like to clarify an item discussed at the January 28 Council meeting, The proposed fee schedule previously discussed was established as a result of discussions that were held last swnmer as the 1997 budgets were being prepared, The fec schedule would allow the City to charge for some services provided by the Fire Chief and Fire Marshal. The position of part time Fire Marshal is a 1997 budgeted item and is not contingent upon collecting fees, Staff understands the Council's desire not to charge for all the fees listed, however staff believes that the appropriate fees and charges should be collected from developers as new plats are proposed and reviewed by Fire Department staff, Staff is also recommending that a part time Fire Marshal be hired at this time, This position is needed to assist with building inspections, fire scene investigations, and other functions as described in the job description, The Fire Department appreciates the Council's support regarding this position, Memorandum Date: January 28, 1997 To: Mayor and City Council From: Dan Winkel, Fire Chief D. W. Re: Review of Part-Time Fire Marshal Hiring Procedure, Duties and Responsibilities I would like to take this opportunity to update and inform Council on procedures related to the hiring of the proposed part-time Fire Marshal. As discussed during the 1997 budget process, the City of Andover is growing rapidly, requiring all staff to work hard and diligently in order to keep up with the pace. The need for additional assistance with fire-related issues can best be outlined by reviewing the job responsibilities and duties as they relate to the growth of Andover. The Fire Marshal will, first and foremost, enforce all appropriate fire codes and standards. Additional duties include building inspections, building plan reviews, plat reviews, and existing building inspections. The above mentioned are all examples where fire codes and standards are applied to ensure proper construction and ongoing compliance with codes. I A proper inspection of a facility may take from one hour to one or more days, depending on the size of the building and the type of occupancy. The initial review process may take many hours for large and complicated facilities. After the on-site inspection has been completed, a proper report must be prepared indicating follow-up action required by the building occupants or property owner. A copy is forwarded to the occupant or owner with a follow-up inspection date identified. Severity of violations dictate the amount of time allowed to correct problems. Ideally, businesses would be checked at least once a year to guarantee ongoing compliance. The City of Andover has approximately 90 known businesses that require the above inspection process yearly. In addition to the "known" businesses, Andover has many home occupancies that must be inspected The Fire Marshal will work with individual home business owners to ensure that the business continue to operate in a safe manner. It is important to prioritize the highest risk occupancies in order to inspect these first. New building plans, sprinkler plans, plat and development reviews are also very important to properly complete. The initial review for buildings and developments is the opportune time to ensure compliance. Fire investigation is also a crucial part of the Fire Marshal position. The successful completion of a fire investigation begins with many hours of e"."perience and knowledge. With some fires it is easy to determine what happened, while others can take many hours or days to complete. For example, the gathering of facts for an arson fire can take weeks to complete. The gathering of facts is often times tedious and time consuming. The Fire Marshal has to demonstrate communication skills and the ability to work closely with other agencies. Current state statutes require that all fires that exceed $100 (one hundred dollars) in damage be investigated to determine origin and cause. / A proper investigation may also include a lengthy written report outlining all of the details of the investigation. Attention to detail is a necessary component in these reports, especially when a crime, injury, or death has occurred. During 1996, Andover had 10 incidents requiring an extended amount of time spent investigating origin and cause. / As part of new building plan reviews, fire protection or sprinkler system plans need to be studied to check for compliance to appropriate National Fire Protection Standards. Sprinkler plans may take a few hours or, in some cases, a day or two to check. The Fire Marshal must have familiarity with NFPA 13, which regulates the installation and operation of all protection systems. Knowledge of community water supply systems is a must when reviewing these types of plans. The fire department's monitoring of fire protection systems also includes the review of annual test results that must be completed on all protection systems. The Fire MarshaI should be available to observe the testing and maintenance of these systems. The Fire Marshal will also be responsible for updating current preplan fire reports for all businesses. A preplan document is used by fire fighters to plan how a fire might be approached in the event of a real incident. The preplan identifies all utility shut offs, hazardous material locations, and unusual building designs or functions that may be dangerous to fire fighters. A preplan will also include a complete floor plan of the facility outlining all rooms, stairs, waIls, etc. Preplans should be updated every time something changes in the building or facility. The maintenance ofpreplans includes frequent inspections to look for any change. The Fire Marshal will also assist the Fire Chiefwith organizing and coordinating all public fire education and fire prevention activities. In the event that the Fire Chief is not available to speak to civic groups, students, or others as requested, the Fire Marshal will assume these duties. From time to time, the Fire Marshal is required to perform other miscellaneous duties and inspections. Examples include underground fuel tank removals, installation of new fuel tanks, inspect existing building remodeling. etc. These kinds of inspections occur about five or six times a month. Note: When Kottke's Bus Company's underground fuel tanks were removed and replaced this past summer, I spent about 10 hours making sure this was done correctly. 1 also observed the testing ofpotentiaIly contaminated soils and installation of new tanks and plumbing. The Fire Marshal will also oversee the administration of all open burning in Andover. All residents who want to conduct open burning other than recreational fires must apply for a permit. The permit process includes an on-site inspection by our Fire Marshal. We have a complete set of rules and regulations that must be adhered to when conducting open burning. Violations of the rules could result in a citation being issued In 1996, over 100 burning permits were issued. The cost for a permit in 1997 is $20. The Fire Marshal must also maintain the knowledge and skills for this position. This position will require somewhere between 80 and 150 hours of annual training to keep current with code changes and miscellaneous required skills. I was hired to perform both the Fire Chief's job and the Fire Marshal's responsibilities. My time is currently split with about 55% being Fire Marshal activities and 45% fire department administrative functions. It can be, at times, difficult to do both of these jobs effectively. Many times, I need to be in two different locations at the same time. The following is a breakdown of job duties and responsibilities for Fire Chief and Fire Marshal. Administrative Duties Currenth' Performed bv FIRE CHIEF . Oversees all Fire Department activities . Prepares annual Operating and Capital budgets . Responds to emergency incidents as needed . Administrates all personnel issues for 50 member department . Reviews all completed emergency incident reports . Oversees all equipment and building maintenance / . Continues professional education . Develops fire safety and public education programs . .Aclminiltters all fire department purchases . Updates by-laws and Operating Guidelines . Attends in-house practical skills training as time allows . Attends staff meetings when available . Attends Andover City Safety Committee meetings . Chairs Andover Disaster Planning Committee . Establishes fee schedule for fire related inspections . Maintains membership in dPluOPliate associations . Attends various meetings as Andover Fire Department representative. Examples include North Suburban Regional Mutual Aid Association, Anoka County Fire Protection Association, Metro Fire Chiefs, Minnesota State Fire Chiefs, Minnesota State Fire Department Association, International Association of Arson Investigators. . Attends City Council meeting . Networks with other fire service professionals Additional FIRE CHIEF duties (Requiring more time to complete) / . Finish updating by-laws . Continue review of suggested operating guidelines . Study future staffing needs . Develop specifications for truck replacement at Station 3 (scheduled for 1998) . Plan for new Station 3 facility . Continue professional education . Review all plans for Andover Review Committee . Update city-wide disaster plan . Study ways to reduce Andover ISO ratings . Expand fire department safety program . Develop fire fighter recruitment and retention programs FIRE MARSHAL duties currentl" performed bv FIRE CHIEF . Enforcement of Uniform Fire Codes and other appropriate codes and standards . Inspect existing businesses as time permits . Attend Andover Review Comminee meetings when available . Review new building plans and inspect new facilities . Review fire sprinkler plans for new buildings . COIiduct on-site inspection of sprinkler installations including pressure tests . Monitor all stages of construction for new buildings . Review all new proposed developments . Investigate thoroughly the origin and cause of fires . Conduct miscellaneous inspections such as underground fuel tanks, building remodels, etc. . Perform follow-up inspections as needed . Inspect open burning sites as needed and when time allows . Conduct final inspections for certificates of occupancy FlRE MARSHAL duties that are not beinl! done or are partiallv completed / . Annual inspection of most existing businesses . Home occupancy inspections . Updating fire department preplans . Review of safety plans for city businesses when requested . Development of Juvenile Firesetter Program . Provide community fire safety training programs such as proper use of fire ex1inguishers, emergency evacuation for homes and businesses, etc. . Help to establish fire prevention programs for businesses and industry, nursing homes, schools, and others as requested . Oversee annual sprinkler tests . Inspect day care facilities if available . Conduct in-house training regarding emergency incident response, fire scene observation and preservation of evidence . Conduct technical research regarding interpretation and application of codes . Provide technical consultation services to architects, engineers, attorneys, etc. . Prepare annual fire marshal budget / In addition to my time spent performing Fire Marshal activities, the fire department has also had a fire fighter who has performed some of the basic duties of Fire Marshal for eight hours a week. Before the Fire Chief was hired, this individual was spending 20 hours a week doing Fire Marshal activities. The new position description calls for the Fire Marshal to accomplish more advanced duties compared to what was previously expected in this position. The status of the fire fighter who previously acted in the capacity of Fire Marshal is: someone who could execute some of the outlined duties, does not receive benefits from the city, and would not be qualified to collect such things as unemployment. The 1996 budget originally deleted all hours for this person to perform these duties. Through some budget changes the fire department was able to keep an eight hour per week position that could assist with some basic activities. The hiring process for the new part-time Fire Marshal will include the following: . Review of applications by the Fire Chief who will select six to eight candidates based on qualifications. . A written test, which includes essay questions, to be given to the chosen candidates. The written test will be administered by a member of the Minnesota State Fire Certification Board. This same written test is used by other fire departments in the state who are hiring Fire Marshals or Inspectors. . Candidates attaining the top four to six written test scores will be interviewed by a panel consisting of two or three area Fire Marshals, Fire Chief, City Administrator or designee, City Personnel Director, City Council representative. and others as needed . Identification of top candidate to be recommended to City Council for hire . Hiring approval at FebruaI)' 18, 1997 council meeting. It was my intent to outline the need for additional assistance for the fire department. If the Council has questions or concerns regarding this position, please contact me. Thank you for your consideration in this matter. / [IDOOill~~ JOB DESCRIPTION PosmON: FIRE MARSHAL DEPARTMENT: FIRE SUMMARY: Under the direction of the Fire Chief, the Fire Marshal manages the safety related plans for all businesses within the city, reviews fire safety related plans for new building, conducts periodic fire inspections during construction, and conducts inspections in existing buildings for compliance with the Uniform Fire Code and any other state related codes and city ordinances, and administers city ordinance on burning permits. The Fire Marshal will also be responsible to administer the Public Fire Education and Fire Safety Programs. The Fire Marshal will also develop and control the Juvenile Fire Setter Program. ESSENTIAL DUTIES AND RESPONSmILITIES: 1. Enforce the Uniform Fire Code and any other state related codes and city ordinances 2. Reviews proposed building construction projects, monitors stages of construction, and reviews and evaluates drawing for code compliance. 3. On-site survey of all commercial, industrial and institutional complexes annually or as often as State Pire Mar:h:u's office detennines. 4. Attend staff and committee meetings, as necessary, and attend other meetings as directed by the Fire Chief 5. Participate in the department's administration, budgeting, and establishment of goals and objectives. 6. Evaluates and approves fire protection or suppression systems. 7. Signs off on certificates of occupancy or final occupancy inspections. 8. Documents inspections by inspection fol1Il, citation, letter or hazard removal order. 9. Conducts training on the use offire extinguishers, evacuations, and fire prevention for industries, nursing homes, schools and other groups. 10. Performs other duties, assumes other responsibilities as apparent or as delegated. 11. Administers the public education of fire safety for the community of Andover. Fire Marshal Position Description January 1997 Page 2 , , 12. Directs the investigation of all fires of questionable or suspicious origin, in coordination with other agencies. 13. Prepares comprehensive reports on fire incidents as required by the City or State Fire Marshal's Office. 14. Recommends the necessary amendments to ordinances and codes to effectively perform the duties of the position. 15. Must be prepared to appear as an expert witness if needed. 16. Performs fire suppression duties as needed. KNOWLEDGE, SKILLS AJ.~ ABILITIES: 1. Good knowledge of the Uniform Fire Code, State Code and City Ordinances. 2. Ability to maintain good rapport with business establishments in the City of Andover. 3. Knowledge of city ordinances, procedures, licensing and permit requirements, relating to department responsibilities. 4. Minimum offour years experience in fire prevention field, with at least one year serving in a supervisory capacity preferred. 5. Ability to establish positive working relationships with the public, city staff and other agenCIes. 6. Ability to express oneself clearly and concisely, both orally and in writing. 7. Ability to work independently as well as a leader and as a member of a team. 8. Knowledge of national, state, and local fire and building laws, codes, policies and standards. . , TRAINING AND EXPERIENCE: 1. High school graduate, or equivalent, is required. 2. Firefighting and emergency response experience. 3. Minimum of two years experience with relevant fire codes, city ordinances, state laws, and rules and regulations in the area of fire prevention and investigation. 4. A combination of education and experience in inspection, fire prevention, or administration may be substituted for some of the educational requirements. PHYSICAL DEMANDS: The physical demands described herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job, the employee is regularly required to sit, use hands to finger, handle or feel objects, tools or controls; speak intelligibly and hear. The employee frequently is required to stand, walk, and reach with hands and arms. The employee must frequently lift and/or move objects up to 50 pounds. Specific visual abilities required by this job include close vision, distance vision, depth perception and ability to adjust focus. . , Fire Marhsal Position Description January 1997 Page 3 RESPONSmILITY FOR PUBLIC CONTACT: Extensive public contact requiring tact and courtesy. SUPERVISION OF OTHERS: None. The City of Andover will not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: April 15. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning David L. Carlberg ~ Community Development Director ITEM NO. '[, City Hall Billboard Order Bids The City Council is asked to order bids for a new community billboard sign to be located on the northwest comer of the intersection of Hanson Boulevard NW and Crosstown Boulevard NW. The Andover Lions Club has indicated they would graciously contribute $28,000 toward the acquisition of the billboard. Staff will present the options on the type of signage available at the meeting. / I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ) DATE: April 15. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Jeff Johnson Planning ITEM NO. ~:ulation of Day Cares At the April 1, 1997 City Council meeting, a couple residents had concerns in regards to the number of day cares located in their neighborhood. Staff has had the opportunity to research this issue. Permitted Single Family Use Day cares are a permitted single family use in residential zoned districts provided they meet the provisions stated in Minnesota Statute 462.357 Subd. 7 and 8. (See attached copy of Statute). Andover Zoning Ordinance No.8, Section 7.03 - Special Uses, allows day nurseries in residential zoned districts serving thirteen (13) or more person by Special Use Permit. Staff has contacted the City Attorney in regards to the number of children. The City cannot be more restrictive than the State law when it comes to regulating the number of children. Concentration of Day Cares in Residential Zoned Districts Staff has contacted several metropolitan communities in regards to the concentration of day cares in residential zoned districts. Most communities have indicated that they do have concentrations but have no means of regulating this matter due to the fact that day cares are a permitted use by State law. Most communities regulate day care facilities and their operations by enforcing other ordinances related to nuisances (noise, property conditions, etc.). / '\ ) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100. REGULAR CITY COUNCIL MEETING - APRIL, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jack McKelvey, April 1, 1997, 7:00 p.m., at The Bunker Hills Activity Center, 550 Bunker Lake Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Dehn, Kunza Orttel Knight City Attorney, Barry Sullivan City Engineer, Scott Erickson Planner, John Hinzman Community Development Director, Dave Carlberg City Administrator, Richard Fursman Others J RESIDENT FORUM L(L-1' ~"l.flr Debbie Olstrom. 3746 139th Lane - wondered if the number of day cares. in one neighborhood is regulated. There are 18 houses in their neighborhood, and five of them do day care for a total 88 children. Those day cares create a lot of traffic, and she cited specific instances where other neighbors are not able to get in and out of their own driveways because of that additional traffic. She also showed pictures on the traffic problem. Even though the yards of the day care providers are fenced in, there is a problem with children throw:ing' rocks. A neighbor's pool liner was ripped as a result. Mr. Carlberg stated the City allows day care as a home occupation, and there is no regulation as to how many or on a separation between facilities. They can research that further and come back with that information. The day cares are licensed through the county. Debbie Lindberq. 3706 139th Lane - stated she has five different day cares around her house, but a person on Undercliff was denied a home occupation because it will create a traffic problem. These are home occupations which get all the tax deductions as regular businesses. She didn't think the City wants five automotive dealers on one block, but this creates a major traffic problem. Traffic is the worst between 6 and 8 a.m. with doors slamming, etc., and in the afternoon between 4 and 5 p.m. Council also suggested that Staff inspect the site during those time periods to observe the situation. Mr. Carlberg stated they will look at the issue and bring it back to the Council. Daniel Kociemba. 3430 159th Avenue - had an issue relating to Item 15, the lot split/variance for Robert Dehn, Jr., which is on the Consent Agenda. He noted the petition given to the City from the residents of Pine Hills regarding the assessments for the streets. The Council suggested Mr. Kociemba hold his comments, as that item will be pulled' from the Consent Agenda for discussion. / / 830 831 HOUSING, REDEVELOPMENf, PlANNING, ZONING 462.357 nent thereto shall be adopted ICY or by the govern!ng body. ublished in the official news- )e hearin". When an amend- )f fi ve ac~es or less. a similar ing to each owner of affected t of the property to which Ihe ~ person responsible for mail- names and addresses of own- ; to which the notice was sent 1e a part of the records of the pertv owners, or defects in the Ie attempt to comply with this nance may be initiated by the property owners as defined in ling agency shall be referred to m:i'y not be acted upon by the Ie planning agency on the pro- of reference of the amendment @ governing body of any such city. The governing body of such city may, by a two-thirds vote of its members, after hearing, adopt a new zoning ordinance without such written consent whenever the planning commission or planning board of such city shall have made a survey of the whole area of the city or of an area of not less than 40 acres, within which the new ordinance or the amendments or alterations of the existing ordinance would take effect when adopted, and shall have considered whether the number of descriptions of real estate affected by such changes and alterations renders the obtaining of such written consent impractical, and such planning commission or planning board shall report in writing as to whether in its opinion the proposals of the governing body in any case are reasonably related to the overall needs of the community, to existing land use, or to a plan for future land use, and shall have conducted a public hearing on such proposed ordinance, changes or alterations, of which hearing published notice shall have been given in a daily newspaper of general circulation at least once each week for three successive weeks prior to such hearing, which notice shall state the time, place and purpose of such hearing, and shall have reported to the governing body of the city its findings and recommendations in writing. Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions im- posed by the zoning ordinance. The board of appeals and adjustments has the following pow- ers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, re- quirement, decision, or detennination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circum- stances unique to the individual property under consideration. and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. the plight of the landowner is due to circumstances unique to the proper- ty not created by the landowner, and the variance. if granted. will not alter the essential char- acter of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the tenns of the ordinance. Undue hardship also includes, but is not limited to. inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06. subdivision 2. when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not pennit as a variance any use that is not per- mitted under the ordinance for property in the zone where the affected person's land is lo- cated. The board or governing body as the case may be, may pennit as a variance the tempo- rary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. Subd. 6a. Normal residential surroundings for handicapped. It is the policy of this state that handicapped persons and children should not be excluded by municipal zoning or- dinances or other land use regulations from the benefits of nonnal residential surroundings. For purposes of subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. Subd. 7. Permitted single family use. A state licensed residential facility serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a pennitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudi- cated delinquent on the basis of conduct in violation of criminal statutes relating to sex of- fenses shall not be considered a pennitted use. Subd. 8. Permitted multifamily use. Except as otherwise provided in subdivision 7 or in any town, municipal or county zoning regulation as authorized by this subdivision. a state ,division 2, relocated resi- e with sections 327.31 ,to :d pursuant to this secti?~. lrface areas of the mumCl- a. The regulations shall be Id for each class or kind of y differ from those in other wn as the zoning ordinance d the application of its ~on- es of its limits in any dlrec- ations; provided that whe~e Ian four miles apart. each IS istant between the two non- ~d area has adopted zoning le area to the same extent as I the county or town board lrea. 1st not enact, amend, or en- ng density, lot-size require- iilanufactured home park ark. when constructed. com- 'ements. tion of a land use plan for the Jut the policies and goals. of d submit it to the governmg irerr " of subdivisions 3. 4 anCL ,a two-thirds vote of ct with the zoning ordinance. [he provisions of this subdivi- ; to a zoning ordinance shall be III have been filed in the office s of the several descriptions of ptic 'f real estate held by ~e )em ..nin one year preceding m~ority of the members of the 462.357 HOUSING, REDEVELOPlVIENT, PLANNING, ZONING 832 licensed residential facility serving from 7 through 16 persons or a licensed day care facility serving from 13 through 16 persons shall be considered a permitted multifamily residential use of property for purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential facility. Nothing herein shall be construed to exclude or prohibit residential or day care facilities from single family zones if otherwise permitted by a local zoning regulation. History: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 1973 c 539 s 1; 1973 c 559 s 1.2; 1975 c 60 s 2; 1978 c 786 s 14.15; Ex1979 c 2 s 42.43; 1981 c 356 s 248; 1982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-8; 1985 c 62 s 3; 1985 c 194 s 23; 1986 c 444; 1987 c 333 s 22; 1989 c 82 s 2; 1990 c 391 art 8 s 47; 1990 c 568 art 2 s 66.67; 1994 c 473 s 3; 1995 c 224 s 95 462.358 PROCEDURE FOR PLAN EFFECTUATION; SUBDIVISION REGULA- TIONS. Subdivision I. [Repealed, 1980 c 566 s 35] Subd. la. Authority. To protect and promote the public health. safety, and general wel- fare, to provide for the orderly. economic, and safe development of land. to preserve agricul- turallands, to promote the availability of housing affordable to persons and families of all income levels, and to facilitate adequate provision for transportation, water, sewage, storm drainage, schools, parks, playgrounds. and other public services and facilities, a municipality may by ordinance adopt subdivision regulations establishing standards, requirements, and procedures forthe review and approval or disapproval of subdivisions. The regulations may contain varied provisions respecting, and be made applicable only to, certain classes or kinds of subdivisions. The regulations shall be uniform for each class or kind of subdivision. A municipality may by resolution extend the application of its subdivision regulations to unincorporated tenitory located within two miles of its limits in any direction but not in a town which has adopted subdivision regulations; provided that where two or more noncon- tiguous municipalities have boundaries less than four miles apart, each is authorized to con- trolthe subdivision of land equal distance from its boundaries within this area. Subd. 2. [Repealed, 1980 c 566 s 35] Subd. 2a. Terms of regulations. The standards and requirements in the regulations may address without limitation: the size. location, grading, and improvement of lots, structures, public areas, streets. roads. trails, walkways, curbs and gutters, water supply, storm drainage, lighting, sewers. electricity. gas, and other utilities; the planning and design of sites; access to solar energy; and the protection and conservation of flood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features. The regulations shall re- quire that subdivisions be consistent with the municipality's official map if one exists and its zoning ordinance, and may require consistency with other official controls and the compre- hensive plan. The regulations may prohibit certain classes or kinds of subdivisions in areas where prohibition is consistent with the comprehensive plan and the purposes of this section, particularly the preservation of agricultural lands. The regulations may prohibit, restrict or control development for the purpose of protecting and assuring access to direct sunlight for solar energy systems. The regulations may prohibit, restrict, or control surface, above sur- face, or subsurface development for the purpose of protecting subsurface areas for existing or potential mined underground space development pursuant to sections 469.135 to 469.141, and access thereto. The regulations may prohibit the issuance of permits or approvals for any tracts, lots, or parcels for which required subdivision approval has not been obtained. The regulations may permit the municipality to condition its approval on the construc- tion and installation of sewers, streets, electric, gas, drainage, and water facilities. and similar utilities and improvements or, in lieu thereof, on the receipt by the municipality of a cash deposit, certified check, irrevocable letter of credit, or bond in an amount and with surety and conditions sufficient to assure the municipality that the utilities and improvements will be CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: April t S. t 997 ITEM NO. Assessments Verificationl q, Pine Hills Addition ORIGINATING DEPARTMENT Planning John Hinzman, J""',.f- City Planner AGENDA SECTION Discussion Items ) During the lot split\variance discussion for Robert J. Dehn Jr. at the April 1 , 1997 City Council meeting, some neighboring residents were concerned about the policy for assessing street improvements in Pine Hills Addition (City Project 93-18). It was noted that a home located at 3519 159th Avenue NW was not assessed although it abutted an improved street in Pine Hills. Staff explained that at the time of the assessment, the five acre parcel could only meet buidability requirements if it fronted Tulip Street. Since the assessments were enacted, the Subdivision Ordinance (Ordinance No. 10) was amended to allow more flexibility in siting the building pad. The change in the ordinance allowed for the construction of a home on either Tulip Street or 159th Avenue. It was not anticipated at the time of the assessments that a home could be located at the terminus of 159th Avenue, therefore the property was not assessed. Staff has contacted legal counsel for an opinion on this matter. Attached is a legal opinion from William G. Hawkins, City Attorney. \ ) 04/11/97 10:44 LAW OFFICES 2140 4TH AVE ~ 755 8923 NO,718 002 u.... OmClS O. William G. Hawkins and Associates / WILLIAM (j. J-lA WICINS BARRY A. SUl..UVAN L~(/11 A$JlsIQnl WENDY B. DEZ~'" 2J40 FOUlm A. VENUE NoRm ANoKA, MINNESOTA S530] PHONE (612) -427-8877 April 11, 1997 Th~ Honorable Mayor McKelvev and Council Members City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Re: Reassessment 159XX Tulip Street NW (Robert J. Dehn, Jr.) Dear Mayor McKelvey and Members of the City Council: You have asked for our opinion regarding the ability of the City to specialJy assess the above-referenced property for costs previously incurred by the City as a part of 93-18 street improvement project which benefited the Pine Hills Addition, I have reviewed the factS and files In this case and applicable Minnesota law. In my opinion, it is not possible for the city to specially assess this propQrty for previously incurred expenses. / STATEMENTS OF FACTS Mr. and Mrs, Robert J. Oehn, Jr. are owners of a five Clcre parcel located at 159XX Tulip Street in the City of Andover, The Pine Hills residential addition is behind the parcol. In 199~, the City undertook Project 93-18 which was the construction of bituminous streets in the Pine Hills Addition, The total cost of the proiect was $95,500.50 and was assessed against 21 parcels. The Oehn parcel was not Included in the assessment. 159'" Avenue NW was one of the roads improved e~ port of the project. This street is contiguous with th~ rear of the Dehn parcel. The City determined at the time of the original improvement that the Oehn parcel should not be included in the assessment as the parcel fronted onto Tulip Street and was not benefited by the project. Subsequently, the Dehns have petitioned the City for 8 lot split and variance. They propose to divide their parcel into two 2.5 acre parcels, One parcel will front onto Tulip Street and one parcel will front onto and have access to 159111 Avenue. A petition signed by residents of the Pine Hills Addition has been circulated and received by the council. The petition requests that the Oehn parcel now be included in the assessment and that credit be given to the other re:sidenu, ISSUE Whether the CitY may now reassess Project 93-16 to inclUde the Dehn parcel. / 04/11/97 10:44 LRW OFFICES 2140 4TH RUE ~ 755 8923 NO,718 (;103 I Mayor and Council Members April 11 , 1997 Page 2 LEGAL ANALYSIS In my opinion, the answer is no, Under Minn. Stat. t 429.051, it municipality may not assess an area that is greater than the oree proposed to be assessed in the Notice of Public Hearing on tho project, Under certain circumstances. a city may reimburse itself for certain project costs by levying additional assessments upon properties not previously assessed. However, these eligible costs are fimited to projects involving the construction of water, storm sewer, or sanitary sewer Improvements. Street improvementS are specifically not Included. Street assessments may not be deferred in the same monner as other utilities for collection at a later date. Minn. Stat. ~ 429.071, subdivision 1, authorizes a city council to make .supplemental assessments. in cenain circumstances. However, a council may only make supplemental assessments in order to .correct omissions, errors. or other mistakes in the assessment,... The absence of the Oehn parcel from the original assessment was not due to oversight or inadvGrtenCQ, It was a conscious decision made by the City in 1993 that the Dehn parcel did not benefit from the project. A lot split with one parcel fronting 159~ Avenue was not contemplated at the time of the project. Its existence now does not. in my opinion, constitute an .omisslon, error or mistake- in the originel assessment. Consequently, iI supplemental 8s~ssment under this section is not appropriate. I Under Minn. Stat. ! 429,071, subdivision 2, a municipality is authorized to undertake a reassessment under cenaln circumstances. Those circumstances Include; (1) when any pan of the original assessment Is set asid8 by the district court; (2) if the council finds the asseS:iment is excessive; (31 if tho council determines that the assessment is invalid. None of these conditions applv to the Dehn parcel. Obviously, the assessment has not been set aside by the district court as no propeny owner filed an appeal. There is no basis upon which the council could conclude that the original assessment was excessive or invalid. As I Indicated earlier, the decision by the city not to assess the Oehn parcel as part of Project 93-19 was based upon the conclusion that it received no benefit, If you have any questions or comments regarding this opinion, please feel free to contact me, Sincerely, William G. Hawkins BAS:wbd CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: April 15. 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ITEM NO. Timber River Estates Discussion! Geotechnical Report 10. Scott Erickson,~ t- Engineering At the April 1 , 1997, City Council meeting the Council approved the preliminary plat for Timber River Estates contingent upon a geotechnical review of this project. Attached is a copy of the developer's geotechnical report (provided by Braun Intertec) and the review letter provided by the City hired geotechnical engineer (provided by Maxim). Also, attached is a letter from the developer's engineer (Mr. Pete Raatikka of Hakanson Anderson & Assoc.) identifying their proposal. This item is being brought back to Council for review as what is being proposed has not been implemented in the City before. As you will note in the report provided by Braun Intertec, what is proposed is the installation of a drain tile system around the lots as identified on their drain tile plan. The drain tile as / proposed would be set three (3) feet below the lowest house floors around the identified lots in an attempt to intercept perched water at these locations. Also, a perimeter drain tile system around each of the houses would be installed. The developer, Woodland Development, and their engineers will be present at the meeting to explain their proposal to the Council. / 8PR. 8.1997 1:10PM NO. 840 P.2/3 l=n~ Hakanson 1':;;- Anderson . k Assoc., Inc. 3601 Thurston Avenue Anoka, Minnesota 55303 612/.427-5860 Fax 612/427-34&+- 0520 -' April S, 1997 Mr. Byron Westlund Woodland Development 830 West Main Street Anoka, MN 55303 RE: Proposed Drain Title Improvements Timber River Estijtes - Andover, MN Dear Byron: This letter is prepared to summarize the prop~sed drain tile system discussed with the Andov~r City Staff on March 27, 1997 to mB~t the buildability intent of the Ordinance. The Andover ordinance requires that aHlow ~Ioors be constructed at least three feet above the highest seasonal water level and afleast one foot above the 100 year flood, i , J Due to varying soil types with low permea~i1ity rates on the west side of the plat, areas of perched water and mottled soils hav~ been encountered. These mottled soils appear to be scattered randomly over the we$t side of ttle plat, therefore, it is difficult to make sure bUilding pads are construct~d above mottled soils. Mottled soils Indicates levels that water was present at one time and could affect 15 lots. I To fl55ure that the groundwater does no~ r~aCh previous levels and impact building pods it is proposed to construct a drain tile IJphill from the building pad to intercept groundwater from topographically higher are~s. It is also proposed to construct two drain tiles on the side of the lot to prevent grO~ndwater from entering the site laterally. , In addition each builder will be required to olaoe a perimeter drain tile around each house on the 1 5 Questionable lots and either ~aYlight the tile to a downstream area or connect the tile to the drain tile surroundin~ the Jot, Also, at the time of footing construction, the builder will have a geote!:hnical engineer review each site with possible problem soils and render a written op'inion 1f1at the tiles are adequate for a dry basement or make additional recommendati~ns for water control. I MaIntenance of the drain systems would b~ the responsibility of the homeowner. Vertical access pipes (normally capped) wo~ld be installed to facilitate cleanout, if necessary. Another re5ult of this design is t~at the water in the drains will be limited to interceptod groundwater, which should br of equal or bettor quality than surface I Engineers Landscape Ar~hitects Surveyors I / APR. 8.1997 1:11PM NO.840 P.3/3 / Mr. Byron Westlund Page 2 April a, 1997 -, water runoff, therefore, it is proposed that all drains will flow under gravity (i.e., without pumps or other mechanical devices and discharge to the storm sewer. Testing of this project has been completed by Braun rntertec, therefore, builders should contact Mark Collins at (612) 683-8754 or Bob Janssen at (612) 487-7017 for any questions regarding this site or for the geotechnical review of the questionable lots. Sincerely, HAKANSON ANDERSON ASSOCIATES INC. ~Z:~~~~ Peter R, Raatikka, PE kas ) CC: Robert J. Janssen ~ Braun Intertec Mark A. Collins - Braun Intertec e44-?3.bw:! / .11 Hakanson Anderson 1 Assec.,lne. APR-11-1997 11:57 MAXIM ST PAUL 612 659 7348 P.02/03 ~".~ '~, ",4'.'!'I}III~ 'f" . r .' (" ~:~~~ :"t .:!'~ ~'J YJ!I:J.','J Y;C:HNOlOGIES IHC April 10, 1997 " Mr, Scott Eric[Qon City of Andover 16R5 CrosstmvIl Boulevard N. W. Andover, MN 55304 Re: Geotechnical Review Timber River Estates Andover. Minnesota Dear Mr. Erickson: This report presents the results of the Geotechnical Review for tbe project. lbis was requested and authorized by you on February 13, 1997. The scope of services consisted of reviewing the information provided by you and presenting our opinions regarding the present grading plan for the residential housing development. I We have reviewed the infonnation provided by you. 'This infonnation consisted of the following: Grading, Drainage and Erosion Control Plan - December 23. 1996, Ordinance 10 Amendments, page 4 - September 25, 1996. Subsurface Drain System Design Plan - January 27, t 997 . Letter from Braun Intertec - January 27. 1997. ~ .. .. .. The subsurface conditions are quite variable at the site, based on the soil descriptions. 'The soils consist of various layers of sands, and clays. The penneability of these soil types range from very free draining sands to relatively impermeable clays, The subsurface water levels are also variable based on measurements in the boreholes during the subsurface exploration, and within the piezometers. Measured subsurface water levels ranged from elevation 848.3 feet to 889.7 feet. Water was not noticed at several boring locations. The sc.atic groundwater level is at elevation 870 plus/minus 5 feet, based on water-table data from U. S. Geological Survey, The variability of subsurface water levels and because water was measured above the anticipated static water level suggests water is perched on less permeable soil layers. Bas.:d on measured and int(;rpolated subsurface water elevations, the planned lowest floor elevations meet the criteria of the Ordinance 10 Amendmentc; at the lots with regards to the relationship of the lowest tloor to the highest anticipated water level. However, certain lots do not meet the criteria pertaining ro the lowest slab elevation in relation to mottled soils. These lots are primarily at blocks 2, 3,4, 8, and 10. The specific lots are tabulated. in the letter by Braun / 662 Cromwell . st. Paul, MN 55114 . 612-e45-3601 . Fax lS12-659-7346 Asteco. Austin Research Enginl!l!lS . Chen-NcrtIlern . Empie Sotls Investigafuns . Kansas City Tes~ng Maxim Er,gineers . Nebraska Testing. patzg Testing. Southwestern lBboralones . TI1omas-Hartig . Twin City Testing I"'*;.. ~.,. APR-11-1997 11:58 MAXIM ST PAUL 612 659 7348 P.03/03 Geotechnical Review Timber River Estates Page 2 Intertec, ,/ The plan indicates a subsurface drainage system has been desigred to collect the subsurface waters Within the planned basemem depIh at tbese lots. The drainage system indicated on the plan should collect ;mbsurfacc water locally surrounding the draintile, The effectiveness of subsurface drainage further away from the draintile is dependant on the penneability of the soils. The clayey and silty soils described at the site are relatively slow draining (low permeability). These soils may decrease performance of the system. In swnmary, the drainage system should reduce the risle the quantity of perched water at these portions of the site, which should minimize the risk of wet basements. However, effectiveness of d1e system at a specific house location is difficult to predict because of the variability in soil conditions. The best opportUnity to detennine the subsurface water conditions is at the time of basement excavation. Therefore, we recommend an experienced geotechnical engineer or groundwater hydrologht should observe and document the exposed soil and groundwater conditions. If wet conditions are noticed in the excavation, additional subsurface drainage and/or construction changes may be needed to reduce the risk of potential wet basements. With regards to surface waters, the ordinance 10 Amendments concerning tho relationship of the lowest floor elevation to the 100 year flood elevation is satisfied based on me Grading, Drainage, and Erosion Control plan data. Furthennore, me planned site grading appears to provide sufflcient global surface drainage away from the planned house locations. This judgement is based on the 100 year flood data and grading plan provided to us. Local site drainage of the individual lots must also be maintained during and at the completion of construction to promote positive drainage away from each house. We are pleased to assist you with this project. If you have 3l1Y questions or if we can be of further ,/ assistance, please call us at (612) 659-7405. Maxim Tednlologies, Inc., SL~ Steven J. Olson, P.E. Senior Geotechnical Engineer i:,tuUIOU,,1-1JO'1oz::l!\ MAXIM TOTAL P.03 ~_J BiC.AUNSM I NTE RTEC Braun Intertec Corporation 1017 1 09th Avenue Northeast Blaine, Minnesota 55434-3729 612.4B7.3245 Fax: 754-2750 Engineers and Scientists Serving the Built and Natural Env;ronments~ Mr. Byron Westlund Woodland Development 830 West Main Street Anoka, MN 55303 Project BPDX-96-073A -RECEI"ED APR 1 1 1997 CITY OF ANDOVER January 27, 1997 Dear Mr. Westlund: Re: Subsurface Drain System Design for Proposed Timber River Estates Housing Development, Southwest of Roanoke Street N.W. and 173rd Avenue N.W. in Andover, Minnesota. /\ '0 Woodland Development is planning to develop a 180-acre site, referred to as Timber River Estates, located southwest of Roanoke Street N.W, and 173rd Avenue N.W. in Andover, Minnesota. It is currently planned to construct approximately seventy-nine single-family homes in the proposed development. New roadways and utilities will also be constructed as part of this development. Background Braun Intertec has performed a total of twenty-seven (27) penetration test borings to depths of about 20 to 25 feet. Piezometers were installed at ten of the boring locations for long-term monitoring of groundwater levels. The complete results of soil boring investigations are contained in the Braun Intertec report "Geotechnical Evaluation for Proposed Timber River Estates Housing Development", dated November 14, 1996. The borings generally encountered about 1/2 foot to 2 feet of topsoil at the surface. Two borings, located in a topographic low area of site, encountered about 2 feet of organic soils at the surface. Beneath the topsoil and organic soils, alluvial and glacially deposited soils were encountered to the tennination depth of the borings. The alluvium consisted of primarily of silty sand, sand and sand with silt. Lean clay and sandy lean clay were encountered at two of the boring locations. The glacial outwash consisted of silty sand and sand; the glacial till consisted of lean clay, sandy lean clay, clayey sand or silty sand; and the glaciolacustrine soils consisted of lean clay or silty sand. , '\ '-~ Although groundwater was observed in some of the borings, piezometers were instalLd to better evaluate the groundwater levels. Based on our groundwater observations, evaluation of moisture contents observed in soil samples retrieved from the borings, and the piezometer readings recorded to-date, it appears that groundwater currently exists between about elevations 854.5 to 891.5 feet above mean sea level (ft.-AMSL). Since the completion of the geotechnical report, groundwater levels have been periodically measured in the ten piezometers. The attached table, Table 1, contains this water level data. ',J Woodland Development Project No. BPDX-96-073A January 27, 1997 Page 2 The City of Andover requires a separation of at least 3 feet between the lowest floor elevation and the seasonal high water level, unless a geotechnical evaluation demonstrates that a separation of less than three feet can be achieved and is warranted. We have estimated the seasonal high water level at each boring and piezometer location. The seasonal high water level was interpreted to be the highest groundwater level observed or the elevation of mottled soils above the water table. These elevations were compared to lowest floor elevations provided on the Grading, Drainage and Erosion Control Plan (sheets 1 and 2 of 3), prepared by Hakanson Anderson Associates, Inc., dated December 23, 1996. Based on this comparison, Table 2 summarizes the proposed lots which do not meet the City's requirements for separation of lowest level floors and our estimate of the high water level. Where the tops of hills are comprised of glacial till andlor glaciolacustrine lean clays, the seasonal high water levels typically occur within a few feet of the surface. Since these soils are relatively impermeable, drainage occurs from tops of the hills to the surrounding wetlands or toward the Rum River terraces. Rainfall or snow meltwaters which infiltrate these soils will drain very slowly (Le., over a period of months). As a result, these soils tend to be saturated during the spring and early summer, and drier in the late summer, fall and winter. Drain System Design A series of subsurface drains are proposed to control the elevation of groundwater in the areas ,-" of the lots indicated in :Table 2.. Tht'overall.strategy iI'.designing these drain systems is to '..J intercept water from the areas of higher topography before it reaches the building pads at lower elevations. In most cases, drains have been placed on three sides of the building pad, except where they would interfere with septic systems. Water captured by the drains flows by gravity for discharge to the stormwater handling system (i.e., sewers or retention ponds). . Drain and pipe slopes of 1 percent (0.01 ft/ft) have been used where possible. Drains have generally been placed alongthe property lines or in public areas. Elevations of drains were generally established such that the lot comer with the highest drain elevation will have the drain installed 3 feet below the low floor elevation for that building pad. In a few cases, it has not been possible to obtain a full 3-foot separation at the lot comer and maintain proper slopes to the discharge point. In these cases, we have assumed the groundwater elevation in the interior of the lot will be the same as the slope of the drains, and the elevation of the drains were set to obtain a 3-foot separation at the upgradient comer of the building pad (rather than the lot comer). Based on the possible discharge areas, a total of five drain systems are proposed. Drain and building pad elevations are summarized in the attached Table 3. The proposed drain locations, discharge lines and invert elevations are shown on the attached Figure 1. :.) Drain Construction Drains should be constructed of 4-inch diameter perforated PVC pipe or plastic drain tile. A geotextile filter sock should be placed around each pipe. Discharge lines should be at least 4 inches in diameter, with six-inch lines used where slopes are less than 1 percent. Clean-outs should be placed at intersections and comers so that at a minimum, a cleanout is provided for every 200 feet of pipe. , '\ ,-) .~ , "- ---) Woodland Development Project No. BPDX-96-073A January 27, 1997 Page 3 The drain pipe should be bedded in a clean, coarse, free-draining sand or gravel (Le., less than 5 percent passing the No. 200 sieve and less than 50 percent passing the No. 40 sieve). The granular bedding material should extend beyond the drain at least 3 inches in all directions. The drain trench should be backfilled with granular material to within about 2 to 3 feet of the surface. The granular backfill material should meet MNIDOT 3149 gradation specification for Select Granular Borrow (Le., less than 12 percent by weight passing the No. 200 sieve). General Remarks The analysis and recommendations submitted in this report are based upon the data obtained from the twenty-seven soil borings and piezometers performed at the locations indicated on the attached sketch. Variations may occur between these borings, the nature and extent of which may not become evident until construction. If variations are encountered, it will be necessary to make a reevaluation of the recommendations of this report after performing on- site observations during the construction and noting the characteristics of any variations. Such variations may result in additional construction costs and it is suggested that a contingency be provided for this purpose. Services performed by Braun Intertec personnel on this project have been conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in this area under similar budget and time restraints. No . . warranty, expressed or implied, is made. We hope this design meets your needs. Please contact Mark CoIlins at (612) 683-8754 or Bob Janssen at (612) 487-7017, if we can provide any additional information. s~~~ 4- Mark A. CoIlins Senior Hydrologist ~~ylJf/;fJd.#Jrr/ft{~ ~. Robert J. Janssen, PE Senior Project Engineer Attaclunents: Tables 1 - 3 Figure 1 mac: rjj\rpts\b96-073a. rpl " '\ ) ~ .... ~ ~ c .9 .... ~ ... <1l ..... ~ ,...., -l '\ l-o en ) <1l ::E , .... ~ < :>; 0 "0 a:: c .5 - '-' C l-o c;I ..... <1l ..... ,Q ~ Eo< " ) N N N N r- r- r- r- r- N 00 00 00 00 I 00 00 00 00 t:l.. V V V V \0 00 C\ ,., lI'l N 00 \0 r- oo 0 0. 00 00 00 00 00 00 00 00 lI'l ,., lI'l 00 \0 N r- oo C\ C\ , 0. r- r- r- r- oo 00 00 00 00 00 00 00 "<l' r- r- r- r- N r- r- r- r- , 00 00 00 00 0. V V V V ,., lI'l r- ,., N lI'l "<l' lI'l \0 , t:l.. lI'l lI'l lI'l "<l' 00 00 00 lI'l 00 . ,., ,., ,., ,., N 00 00 00 00 N r- r- r- r- 0 00 00 00 00 t:l.. V V V V '<l: "<l' "<l' "<l' ..... ..... ..... ..... ..... N 00 00 00 00 0 00 00 00 00 t:l.. V V V V 0 r- r-: C\ ..... N N ..... "<l' lI'l , t:l.. C\ C\ C\ C\ 00 00 00 00 C\ \0 r- ..... ,., ..... ,., C\ N N , 0. C\ 00 C\ C\ 00 00 00 00 00 C\ \0 ,., \0 ..... ..... 0 ..... 0 , t:l.. 00 00 00 00 00 00 00 00 \0 \0 \0 r- <l.l C\ C\ C\ C\ ...... ...... ...... ...... ~ C\ \0 \0 ..... '" 0 0 0 ..... N ...... ...... ...... -- C\ 0 N ..... 0 ..... ..... 0 =: .S -c;; > <l.l ;:; "0 ~ .~ <l.l oS -c;; .... .... "0 .~ .... <l.l ti a o N <l.l '6. VI <l.l ~ o =: <l.l "0 = V = <l.l ~ o Z " '--~ ::J \ -J Table 2. Lots Without the Required 3-foot Separation I Block I Lot II Block I Lot I 2 1 3 4 2 2 3 5 2 3 3 6 2 4 3 7 2 5 3 8 2 6 4 1 2 9 8 2 2 10 8 3 3 2 10 1 3 3 10 2 'J ~-J :.J Table 3. Sununary of Lowest Level Floor and Proposed Drain Elevations (Elevations in ft-AMSL) Lot Block Low Floor Drain Elevations Elevation High Low 2 1 883.0 880.0 879.2 2 2 888.5 885.1 883.4 2 3 888.5 885.5 881.6 2 4 889.5 886.5 881.6 2 5 891.0 887.4 885.2 2 6 892.7 889.7 885.2 2 9 892.7 889.0 884.5 2 10 890.7 887.0 881.2 3 2 883.0 877.8 876.0 3 3 881.5 878.71 876.8 3 4 881.5 879.61 876.7 3 5 894.7 891.0 889.0 '" 6 900.7 890.1 889.8 oJ 3 7 894.5 890.1 886.3 3 8 890.0 888.31 884.5 4 1 887.5 884.5 883.0 8 2 890.0 884.9 883.8 8 3 887.5 883.8 879.8 10 1 886.0 883.82 879.8 10 2 889.0 884.9 883.8 Notes: 1. Minimum 3-foot separation applied at building pad comer, not lot comer 2. Drain constructed in storm sewer trench. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: April 15. 1997 ITEM NO. I Discuss Well #6/Feasibility ReporU95-12 I. ORIGINATING DEPARTMENT Scott Erickson~L Engineering AGENDA SECTION Discussion Item Attached is a report from Mr. Kurt Johnson of TKDA regarding the test well which was drilled, pumped and tested for Municipal Well #6. The proposed well site is located on the north east corner of Andover Blvd. and Xeon Street. To summarize the report, the test well identified a aquifer (water bearing geological formation) at a depth of approximately 268 feet. The aquifer is referred to as a glacial drift aquifer and is commonly utilized by municipalities for their sources of potable water. The test well identifies this aquifer as a potential high capacity source of water (+1,200 gallons per minute). The one draw back to utilizing this aquifer is the relative high level of manganese found in it. The high level of manganese does not pose health risks but could affect the aesthetics of the water. The standard practice is to sequester (suspend) the manganese in the water to reduce the negative aesthetic effects it may have. Based on the TKDA report there are three options to consider: / 1. Construct Well #6 at this location, sequester the manganese, and utilize this well as a supplemental well during the high demand periods in order to dilute the manganese levels from this well. With this option future water treatment may be necessary. 2. Construct Well #6 and construct a water treatment plant at this time. This well would then be utilized as our primary well thus diluting the manganese and iron level found in Wells #4 and #5 resulting in improved overall water quality from what currently exists. 3. Do nothing. Evaluate a different location for Well #6. J APR-02-1997 09:24 TKDA 612 292 0083 P.02/20 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEER5-ARCHITECI'S.PLANNERS SAINT PAUL. MINNESOTA / MlU'ch 31, 1997 ADDENDUM TO FEASmILITY REPORT WELL AND PUMPHOUSE NO.6 CITY OF ANDOVER, MINNESOTA CITY PROJECT NO. 95-12 COMMISSION NO. 10890-01 / 9 1098(}.OI APR-02-1997 09:24 TKDA 612 292 0083 P.03/20 Purpose J The December 1996 Feasibility Report, prepared for proposed Well No.6, recommended the installation of a test or pilot well prior to construction of the full-size municipal well. This recommendation was based on known geologic conditions which exists within Andover. During periods of glacial retreat, the bedrock beneath the City has been eroded and re-deposited with glacial materials. These areas or channels are known to be present in different parts of the City and have been mapped by the Minnesota Geological Survey (MGS) to the extent possible. Drilling operations, for installation of a bedrock well located over a glacial valley, could result in either low capacity well or abandon attempt. The intent of the test well was to verify the geology beneath the site as to its suitability to successfully drill a bedrock Franconia- Ironton/GalesvilJe well, similar to the recent Well No.'s 4 and 5.. Additionally, water quality information could be obtained from the test well to determine its compatibility with the water presently distributed to the customers from No.4 and No.5. At this time, the test well has been completed and well logs and water sampling results are known. Therefore, the pUIJlOse of this addendum is to present these finding and discuss thejr implications on the design, cost and alternatives available to the City of Andover, at this site. / Test Well No.6 Results The test drilling at the proposed Well No.6 site disclosed the presence of a buried glacial valley beneath the site. The normal bedrock surface, in its non-eroded condition, was expected to be encountered at a depth of approximately 150 feet. The first bedrock contact should have been the St. Lawrence fonnation. Drilling proceed to a depth of 268 feet before bedrock wa<> encountered. The well log indicates that the rock encountered at this depth is the Franconia formation. With an estimated total depth of about 350 feet to the bottom of the Franconia-IrontonlGalesville formation (based on Well No.'s 4 and 5), it was concluded that the remaining rock fonnation would be insufficient to yield the quantity of water necessary for a municipal well. While this observation precludes the construction of a bedrock well, sampling of the glacial materialsduring the drilling indicated a strong possibility that a high-yield drift well could be constructed at this location. The depth of a glacial well would be similar to Well No.'s 4 and 5 and probably produce water of similar quality. / 10 10980-01 APR-02-1997 09:24 TKDA 612 292 0083 P.04/20 Since the glacial drift has not been used by the City as a Source of water, a casing and screen were installed ) in the well to obtain water quality infonnation. After installation and development of the well, a sample was withdmwn and analyzed by an independent water labomtory. The water testing indicated a soft water with no detectable pollution, low solids content and extremely low iron level. Manganese, however, was reported at 0.365 milligrams per liter (mg/l). This level is si~cantly higher (by a factor of 2) than Well No.'s 4 and 5, and exceeds the recommended secondary standard of 0.05 mgll, established by the US EPA. Finally, the sand and gravel samples were delivered to Wheelabrator Engineered Systems (Johnson Screen) for sieve analysis, The results of the analysis indicate a uniform fme gravel at a depth of 235 to 268 feet. Based on these results, the predicted capacity for a naturally developed screened well is about 1200 gpm. In conclusion, this site appears to be suitable for the constrnction of a municipal well of equal or greater capacity than Well No.'s 4 and 5, however, the high manganese level will likely produce consumer complaints and add to City maintenance of meters and watermains. Alternatives / The following considerations and/or alternatives exists with respect to the construction of a glacial drift well at the site proposed in the Feasibility Report for Well and Pumphouse No.6. 1. Consideration could be given to additional testing and re-analysis of the water quality. It is possible that the sampling of the manganese was not accurate or that additional testing will result in a changed manganese level. Manganese may also increase and the probably outlook would result in similar testing results. If this step is taken, as many as three samples should be directed to separate labs for analysis and comparison of the samples and laboratories. 2. The next alternative would be constrnction of a glacial drift well at this site, accepting the manganese level, and adding polyphosphates at higher doses to help sequester this metal and diminish its impact on customers and city maintenance. 3. Move to a new site and construct Well No.6 and reserve this site for future consideration. Well No.7 Peasibility has been authorized and may help provide this alternative. ) 11 10980-01 APR-02-1997 09:25 TKffi 612 292 0083 P.05/20 / 4. Construct a treatment plant for the removal of manganese from a glacial well drilled at this site. The test well has indicated a very uniform [me gravel which will likely permit completion of a hidl-yield well at this location. Treatment for removal of the manganese will yield a water of equal or better quality them either Well No.4 or No.5. Cods: lUld Benefits The costs associated with each of the above alternatives vary considerably due their potential benefits. No attempt is made here to suggests the true long-tenn cost/benefit ratio, rather. a representative number is offered as guidance to the disposition of the site and the constmction of new well to serve the City of Andover. . '\ , / Testing and analysis of tlIe water obtained from additional pumping is estimated to cost approximately $1,000. Alternative No.2 has DO significant impact on the Project cost. however, slightly higher operating cost might be experienced for chemical (polyphosphllte) additioos. Alternative No. 3 would require a review of available sights and their potential geologic implications. This may result in property cost and additional test-well construction, Finally, Alternative No.4 will significantly increase the cost of a the well and pumphouse facility de~ribed by the Feasibility Report due to the addition of a water treatment plant. The magnitude of tbb cost may escalate the cost of a pumphouse from $26~,<XlO to over $750,000. It is beyond the scope of this report to accurately determine and evaluate the facilities and capacities for water treatment at this time. If this consideration is pursued by the City a feasibility or project design report should be prepared to accurately present an opinion of its COSt, facilities required for backwash handling and other design considerations. Appendix - Pilot w(!n and Water Quality Information · Test Well No.6 Drillers Log (1 Page) · Water Sampling Test - Well No.6 (6 Pa~) · Water Quality - Well No.' 8 4 and S (S Pages) · Sieve Analysis Report (5 Pages) / 12 I 09So..0 1 APR-02-1997 09:25 TKDA 612 292 0083 P.06/20 ,~., l H. Henner' Bllns '':ORPORATED , WELL, DRILlING FOR ;OUR GENERATIONS 15688 JARVIS STftEET N.W. I ELX RIVER. MH SS33D PHONE: (612) 427.6100 I FAX: (612) 421.0533 FAX TR~SMISSION ROGER E. RBHHER***..****.*....... RECIPIENT: FAX: NUMBER: ) ~ q -z..co~ ~ AT; r'-.~ IJ, PAGE ONE O~ ~ Dear -s..'.{ ~~~ . SUBJ'EC'1'. t4-",...~ou.. -- .... DATE; ~ TIME. (!-~ @.lPHl {HAILED??}~~ (NO) ~iE~ Roger B. Renner. President MASTER GROUND WATER CONTRACTOR ) / APR-02-1997 09:25 TKDA 612 292 0083 P.07/20 330 SO. CLEVELAND St P.O. BOX 349 CAMBRIDGE, MN 55008 MIDWEST ANAL YllCAL SERVICES LAB METRO FAX (612) 689.2175 (612) 444-9270 (612) 689-3660 / MINNESOTA CERTIFIED \.ABOR#UQRY NUMBER 027.059-156 March 4. 1997 Roger Renner E.H. Renner & Sons. Inc. 15688 Jarvis St N.W. Elk River, MN 55330 Project 10: Andover Test Well #6 Chain of Custody: 14789 Date Sampled: 02-21~97 Date Received: 02-21-97 Matrix: Water Sample Identification: Lab ID: 13494 Test Well Samples were analyzed for ORO by the Wisconsin Modified ORO procedure. The results are reported on the following pages. ;' Sincerely. tYlfJ~ Deb Mariton tf Biologist ~. ~f Lon 10 OrganiclBio Group Leader I APR-02-1997 09:26 TKDA 612 292 0083 P.08/20 - . MIDWEST ANALYTICAL SERVICES Page 2 cae 14789 l Parameter 13494 Date TestWeU Analyzed Chloride (mgIL) <O.S 02-25-97 Iron Bacteria (PIA) Present 02.24-97 Sulfate (mgIL) <0.5 02-25-97 Total Dissolved Solids (mWL) 152 02-27-97 Total Solids (mgIL) 156 02-27-97 Total Suspended Solids (nfgIL) <1.0 02-24-97 Total Alkalinity as CaC03 (mglL) 168 02-26-97 Fluoride (mg/L) 0.20 03-03-97 Total Hardness as CaC~ (mg/L) 142 02-26-97 Iron (mg.IL) <0.100 02-26-97 Manganese (mgIL) 0.365 02-25-97 pH (units) 7.86 02-26-91 Sodium (mgtL) 4.79 02-24-97 " ) Anal Date lYzed: 02-24-97 Total Hyd~rbons Parameter: as GRO Ubits: -______.__..................!.J!l~}............................ ..............._._.__........_~--------_.._-.............~.._.- MDL: OJ 13494 BDL Test Well BDL '" Below Detection Limit, MDL'" Method Dmction Limit APR-02-1997 09:25 TKDA 512 292 0083 P.09/20 MIDWEST ANALYTICAL SERVICES Page 3 coe 14789 J D Anal d 02 24-97 I ate lyze : - Lab ID: 13494 MDUPQL Test Well (u~) (lion .) Dichlorodifluoromethane 0.212.0 BOL Chloromethane 0.4/4.0 BOL Vinyl chloride 0.313.0 BDL Bromomethane 0.4/4.0 BOL Chloroethane 0.4/4.0 BOL Dicblorofluororoethane 0.4/4.0 BOt Trichlorofluoromethane 0.5/5.0 BDL Ethyl ethtr 0.6/6.0 BOL Acetone 0.3/3.0 BOL 1,l-Dichloroethenc 0.S/5.0 BOL Methylene chloride 0.6/6,0 BDL Allyl chloride 0.4/4.0 BOL Trichlorotrifluoroetbane: 1.0/10.0 BOL Methyl tert-butyl ether 0.313,0 BDL trans-I,2-0ichloroethene 0.4/4.0 BDL l,l-DicbIoroethane 0,3/3.0 BDL Methyl ethyl ketone 2.8/28.0 BOL cis-l,2-Dichloroethene 0.3/3,0 BDL Bromochloromethane 0,212,0 BOL Chloroform 0,212,0 BDL 2,2-Dichloropropane 0.8/8,0 BDL Tetrahydrofuran 0.6/6.0 BOL l.2-Dichloroethane 0.3/3.0 BOL l,l,l-irrichloroetl1ane 0.4/4.0 BDL 1 ~t -Oichloropropene 0.313.0 BDL Carbon retrachloride 0.4/4.0 BDL Benzene 0.5/5.0 BDL Dibromomethane 0.3/3.0 BDL l,2-Dichloropropane 0.3/3.0 BDL TrichloJ:Oethene 0.3/3.0 BOL Bromodichloromethane 0,4/4.0 BDL cis-I,3-0ichloropropene 0.3/3.0 BDL Methyl isobutyl ketone 0.717.0 BOL trans~ 1 ,3~Dichloropropene 0.212.0 BDL BOL = Below ~n Umil. MOL'" MCIhocI Detection Limil. PQL .. ~ Qu.nti1:lltion Limit I , / APR-02-1997 09:26 TKDA 612 292 0083 P.10/20 MIDWEST ANALYTICAL SERVICES Page 4 COC 14789 / Date Analyzed: 02-24-97 Lab ID: 13494 MDUPQL Test Well ( u2IL\ (,,~IT , 1, 1,2. Trichloroethane 0,313.0 BDL Toluene 0,4/4.0 BDL 1,3-0ichloropropane 0.3/3.0 BOL DibromochIoromethane 0.3/3.0 BOL ] ,2-Dibromoethane 0,818.0 BDL Tetracl1loroethene ,,,. 0.414.0 .. BDL 1, t, 1,2. Tetrachloroethane 1.4/14,0 BOL Chlorobenzene 0.4/4.0 BOL Ethylbenzene 0.4/4.0 BDL m- and p-Xylene 0.S/5.0 BDL Bromoform 0.5/5.0 BOL Styrene 0.5/5.0 aDL O-Xylene 0,313,0 BDL 1,1,2,2- Tetrachloroethane 0.4/4.0 BDL 1,2,3- Trichloropropane 0,515.0 BOL Isopropyl benzene 0.7n.0 BDL Bromobenzene 0.212.0 BOL n-Propyl benzene 0.8/8.0 BDL 2.Chlorotoluene 0-3/3.0 BDL 4-Chlorotoluene 0.3/3.0 BOL 1,3,5- Trimethylbenzene 0,2/2.0 BOL tert-Butyl benzene 0.6/6.0 BOL 1,2,4- Trimetbylbenzene 0.1n.O BDL see-Butyl benzene 0.5/5.0 BOL 1,3-Dichlorobenzene 0.4/4.0 BOL 1,4-Dichlorobenzene 0.4/4.0 BDL p-.Isopropyl toluene 0.4/4.0 BDL l,2-Diehlorobenzene 0.515.0 BOL n-Butyl benzene 0.3/3.0 BOL 1,2-Dibromo-3-cllloropropane 0.4/4,0 BDL 1,2,4- Trichlorobemene 0,5/5,0 BDL Naphthalene 0.7n.0 BDL Hexachlorobutadiene 0.5/5.0 BDL 1,2,3- Trichlorobenzene 0,212.0 BOL BOL '" Below ~ Limit MDL = Method D&Clian Limit, PQL '" I'nctical ~titolion l.imil J TOTAL P. e6 APR-02-1997 09:27 TKDA .r U:IU nngmeenng, Inc. WATER ANALYSIS 7609 119th Lane North . Champlin, Minnesota 55316 Telephone: 427-<1626 FED. ro #411443n3 612 292 0083 P.11/20 22 February 1997 To: E.H. RENNER & SON 15688 JARVIS STREET ELK RIVER, MN 55330 Test #: Time: From: Date drawn: Date tested: Unique #: Lic. #: 79952 4:00 PM Well 20 February 1997 21 January 1997 562996 71015 RE: Water test at: 1350 Andover Blvd; Andover, MN Owner: City of Andover/Erickson Owners address: 1685 Crosstown Blvd Andover, MN Field Engineering personnel in conjunction with TCWC tested the water that was drawn by vic Prought at the above address and the results were as follows: ~itrate ~itrogen-per Electrode Method less than 1.0 mg/ll / (Maximum allowable limits, less than 10.0 mg/l) Coliform Bacteria-per MF Method less than 1.0 per 100 ml (Maximum allowable limits, less than 1 per 100 ml) This water DOES meet F~, VA, and U.S.p.H.S. specifications for the tests listed above, Field Engineering, Inc. and TCWC are authorized to perform these tests by the Minnesota Department of Eealth. Sincerely Yours, I ~~ (OETACH B~LOW ANO RETURN Wffil PAYMENT) . APR-02-1997 09: 27 TKm 612 292 0083 P.12/20 LH. Renner Ii BIlls ~_-./~PORATeD WELL DRILLING FOR FOUR GENERATIONS 15&88 "ARYlS ST1IEa N,W, I ElK RIVER, MN ~D PHONE: (&12) .n.&10lJ , FAX: (612) 4Z7.0533 FAX TRANSMISSION:' . ............~..*......SEMDKR. ROGER E. KilliR.................. RRC'IPIBH'f: AT: 7' (.( 't:>~ rAX BUHBJl'lh ( PAGE ON& OJ!' Dear 5.'/ . . SUBJECT; AJt.Jb&U~ ...... .._ L-OO q:fr 4- ,.. S- DATB: ~.. F>'" '17. ~re? TIME: df:O <@(PM) {HAnED??} (YES) ~ .L Roger S_ RenDer. Presid~nt HA5rS~ GROUND WA~KR COH~RAC~OR / J APR-02-1997 09:27 TKDA .... . ../ ~ 330 SO. CLEVELAND ST. P.O. BOX 349 CAMBRIDGE, MN 55008 MIDWEST ANAL YTlCAL SERVICES MINNESOTA CERTIFIED LABORATORY NUMBER 027.059-'56 , , / August 22. 1995 Roger Renner E.H. Renner & Sons, Inc. 15688 Jarvis St. N.W. Elk River, MN 55330 Project ID: Andover Well #5 559342 Chain of Custody: 14766 Date Sampled: 08-01-95 Date Received: 08-09-95 Date Analyzed: See below Matrix: Water Sample Identification: La.b ID: 95-06329 One Gdlon The results are reported on the following page. / ~~~ Deb MarIton ~~ Biologist ~ a~.\ r/1:' Brian Anderson Inorganic Group Leader 612 292 0083 P.13/20 LAB METRO FAX (612) 689-2175 (612) 444-9270 (612) 689-3660 APR-02-1997 09:27 TKDA 612 292 0083 P.14/20 330 $0. CLEVELAND ST, P.O. BOX 349 CAMBRIDGE. MN 55008 MIDWEST ANALYTICAL SERVICES LAB METRO FAX (612) 669-2175 (612) 444-9270 (6,2) 6eg.3660 " MINNESOtA CERTIFIED LABORA1ORV NUMBER 027-059-156 / Febt'uary 16, 1993 ....... Roger Renner E.R. Renner 15688 Jarvis St. N.W. Elk Rivet', MN 55330 Project Nue: Andover Well 14 Project NUlIlber: 3643-W92 Chain of Custody: 516065 Date Sampled: 01-22-93 Date Received: 01-22-93 Date ADa11zed: See below Matt'lx: Water Sample Identification: Lab ID: 93-00420 Andover Well 14 \ / Thi!: 1s a revised repOrt. pH of stability bas been added to tbe previous report dat.ed February 4, 1993. The. results al'e reported on the following page. ....-. Sincet'el'1, W-)~ ~'b Marlton :Jftv Biologist Sin~rel,., ~~~ Brian Anderson teac:l Inorganic Chemist. / APR-02-1997 09:28 TKDA 612 292 0083 P.15/20 MIDWEST ANALTIlCAL SERVICES P~ge 2 \ COC 516065 / Lab ID: 93-00,(20 Andover Well .4 Date Ana11'Zed --------------------------------------~------"----------------------~--- Sand (lIg/L) 2.4 02-02-93 Total Solids (llg/L) 168 02-02-93 Total Dissolved Solids (lIg/L) 132 02-02-93 Alkalinity (mglL) 137 02-02-93 CalciulI Hardness (ag/L) 99.4 02-02-93 Magnesium Hardness (ar/L) 33.6 02-02-93 Total Hardness (IIIg/L) 133 02-02-93 Chloride (Dlg/l) <4.3 02-02-93 Sulfate (lIIg/L) 2.1 02-03-93 Fluoride (mg/L) 0.24 01-22-93 / Iron (mg/L) 0.022 02..02-93 Manganese (mg/L) 0.20 02-03-93 SodiUIII (llIg/L) 5.35 02-02-93 CalciullI (q/L) 1.63 02-02-93 pH (Units) 8.18 02-02-93 pH of Stab i 15. ty (Units) 7.0 NtA Ryznar Index / APR-02-1997 09:28 TKDA E. H. Henner' 81118 INCORPORATED 612 292 0083 P.16/20 WELL DRILLING FOR FOUR GENERATIONS 15688 JARVIS STREET N.W. I ELK RIVER, MN 55330 PHONE: (612) 427-6100 I FAX: (612) 427.0533 '. J February 27, 1997 TKDA, INC. 1500 PIPER JAFFRAY PLACE ,444 CEDAR STREET SAINT PAUL, HN 55101-2140 ATTN. MR DAN FABIAN. P.El. (612) 292-4512 292-0053 fax SUBJECT: Pilot Well No. 6 City of Andover. MN City Project No. 95-12 Commission No. 10980-02 [/, ',.1!t:/" . IjI;WI'.'f : ,'.\ ' " \ \ ';(" .;:':3~ ',.J .. ''''" ""I..."..1.. i {)~/. '~~.~\!~~ \1 "'" \.. 1 ! !",.' , . ( . \; \, / '. ,# :r~ RE: SIEVE ANALYSIS REPORT ", .,: 'I'" ' .\.' \ ,. -. ,'e'" ',:1./>." ly~.,j: I "/"']',' .. "'I/U'."" _, J J' ..'~, \. ,",1: ._ ""'_--........... ="'......~~tl.~: .:...".~.-..-.... " Dear Sir, ) Enclosed you will find the test results on Wheelabrator Engineered Systems (Johnson Screen) recently completed for toe City of Andover. the gravel from on the test hole The area from 195ft to 230ft was a uniform sand and the area from 235ft to 268ft was a uniform fine gravel. Four samples were taken from the lower portion of the gravel zone which lies from 235ft to 268ft. We took samples at 2.5ft intervals and the bags taken for sampling were from: 240-242ft 250-252:ft 260-262ft 270-272ft. The for the entire formation is very ~ NATURAL developed well. following slot sizing for uniform and coarse which would The slot size at 40% retained these intervals; allol-l shows 240-242tt. 250-252ft. 260-262ft 270-272ft, 95 slot 130 slot 110 slot 100 slot ~PIl!W IJ HAml.El' ~[1l(0WlTZ 0 HENOHtCKSOtI Q...!?vJ:u CJ 'l';1';l~~ Q: ......'~:;H Cl H!.,. ~':;'. ;;r:~~E~:?f;~"'~Il' [l~:~..;- . . -'- %8.!i~ $:.ILf: LJ ~l\:',"~f.l FiI';S. o U~N 0 ~U5. D~v. o COImW:T 0 Ac:cra J An Equal Opport//JI/tr Employer RPR-02-1997 09:28 TKDR 612 292 0083 P.17/20 We concur with Johnson Screens recommendation for a 70 slot screen which is a bit. more conServative than the slot sizes above. We could go as high as 100 slot with some additional development. / If We used the 70 slot standard constructed screen that 1s 30ft in length positioned from 237ft to 267ft you shOUld expect about 1400 gallons per minute at .1ft per second entrance velocity. The well could be constructed by cable tool method by drilling 24" casing to 195ft. Setting in 18" casing and drill & drive, or bail in the 18" caSing to 268ft (bedrock). A 12" pipe size stainless steel screen 30ft long with a 10ft 12" diameter steel leader and FIGURE-W neoprene packer would be installed. The 18" casing would then be extracted 35ft to expose the screen. Once the development process is complete, the two casing-a would then be grouted in place with neat cement grout. ENCLOSED in an article that I wrote for the WATER W~tL JOURHAL that deacribea the basics using gravel pack method. We are, however, recommending that a natural development method be used on this well but the basics are still used. I believe that a permanent pump for 1200 gpm would be appropriate in this well w1th an inner casing of 18" to give the pump plenty of room. If you should have any questions concerning this well design, please call. / Sincerely Submitted, ~iE~ Roger E. Renner. President HASTER GROUND WATER COHTRACTOR E.H. RENNER & SONS. INC. MINNESOTA LICENSE '71015 '1'.'7\a.tt"I.'" / APR-02-1997 09:28 TKDA 612 292 0083 P.18/20 U S ==:- ==== ~i; ;;:J:::;;;;................ . ._ _I = =-=--= 511 ..~_;;;;;;;;;;;;;;;;;;;;a... / tI.5. f1LlUIJOHNSCN 5CIWlU cO ~~O,'1:5 )'" ~AlIL II(N :51 M Illur; 101 JI. e.1:? 6"3 :;"O'J t-....~.::.~Ir 61:~-{)~JIj-~~I:I: February 27, 1997 Roger Renner R.H. Renner & Sons 15688 Jarvis st. N.W. E1X River, MN 55330 Reference: Johnson 1.0. 97057-1 I Dear Roger, Enclosed are the grQph5 and cumulat~ve percent retained ~ummaries for your tests. We recommend using a .070 slot soreen in the 240 to 212-ft interval with natural development. So many cons~deration5 enter into the maXing ot a 900d well that, while we believe slot sizes furnished or recommended from sand samples are correct, we assume no responsibility for the successful operation of any well. Thank you tor the opportunity to be Of service. Best regards. ~~ L.C. Trotta Technical service well Products Enclosures - CC. Don Baron -Johnson Screens / . 1 . APR-02-1997 09:29 TKDA 612 292 0083 P.19/20 , / WHEELABRATOR ENGINEERED SYSTEMS, JOHNSON SCREENS SAND ANALYSIS REPORT Johnson ID No.: 97057-1 Job Name......: ANDOVER 6 Driller.......: . . Engineer......: . . sample Sent by: RENNER DRL Analysis by...: LEE TROTTA Date..........: February' 25, ).997 WHEELABRATDR ENGINEERED SYSTEMS SAND SAMPLE ANALYSIS A 1 ell w. ge / Z '""l ell <I: I- " W 0:: 611 ~ 58 W ::> .", 1-4 I- JB <t: ..J l!ll ::J z: Ill! :::J U I! 1\1 ~n:: 11 .. ., ~ to - III II "' ~ - r-..: 1"'0. ~ ~ ~....... ~ ~ ~ ............. I ~ ~ "':1'\ ~~ "- ......, r.::: ~....... " .... -.: N.... -- ......- -.. ... ~ :- 8 ee -t8 6e 68 tBB lee li8 168 lse ee8 SLOT, IN THOUSANDTHS OF AN INCH -' Page ). ... 1 2 3 4 x .0. ... APR-02-1997 09:29 TKDA 612 292 0083 P.20/20 WHEELABRATOR ENGINEERED SYSTEMS, JOHNSON SCREENS SAND ANALYSIS REPORT Page 2 I / Johnson 10 No.: 97057-1 Sob Name......: ANDOVER 6 TEST HOLE DATA ",.************ Diameter: 0.000 De)?th: 272 Dr111ing Method...: Static Water Level: o WELL DATA ********* Casing Diameter: Desired Yield: Well App'n: 0.000 o PHYSICAL SAMPLE DESCRIPTION NO. ** 01 02 03 04 Depth *************** z..1(~ . :tJ. ~ po ~ 1.(']..0- 260-262 270-272 Description *************~********************************** .s,t.$"" rb PN\} FU'U-tlc"1- t.. , '-1 SILT TO FINE GRAVEL SILT TO FINE GRAVEL COM1JLATIVE PERCENT RETAINED 1tIJIl 4.76 Inches .187 US Sieve # 4 3.36 .131 6 2.38 .094 8 1.68 .066 12 . 1.19 .047 16 .840 .033 20 .590 .023 30 .420 .016 40 .297 .012 50 .210 .008 70 .149 .006 100 -----------.--------------------------.------------------------------------ 01 5.5 20.1 36.9 56.7 77.1 90_4 94.2 96,2 97.6 98.3 98.6 02 30.2 39.6 46.0 56,6 72 .2 81.5 87.1 92.3 96.S 98.3 98.6 03 3.7 25.1 55.6 72.8 82.7 88.9 91.4- 93.0 94.2 95.~ 95,9 , 04 12.0 21.9 40.3 58.7 80.6 89.8 93.3 95.8 97.2 98.2 98.6 J SCREEN RECOMMENDATIONS Dia1Uater: No. ** 01 02 03 04 0.000 Slot ***** 0.000 0_000 0.000 0.000 in. Length ***trtr 0.0 0.0 0.0 0.0 Setting *************** COMMENTS ************************ D~SIGN RECOMMENDATIONS ************************ / . l" ~. '. j. TOTAL P.20 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ / DATE: April 15. 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ITEM NO. Coon Creek Watershed District Appointment ~. Scott Erickson~( Engineering The City Council has received an application request from Mr. Jeff Knoll to be considered for the Coon Creek Watershed District appointment. If the Council would like to forward Mr. Knoll's application or other potential candidates to the County for consideration, this should be done as soon as possible. According to the County they are also searching for individuals to fill this position. As you are aware, our legal time frame to submit names to the County for consideration has passed. / Andover City Council iviembers: Please, consider my name as an applicant for the Coon Creek vVatershed District Board. I am a lifetime resident of Anoka County. Our family farm, where I have worked with my father and brothers for more than twenty-five years is located in Andover. With farm fields in Blaine and Ham Lake as well as in Andover I clearly understand the unique land and water issues facing Anoka County. I was a supervisor on the Anoka County Soil and Water Conservation District from 1990 to 1994 where I served as the board treasurer. As a supervisor my goal was to encourage more awareness and participation by the community in soil and water issues. From 1992 to 1994 I served on the Coon Creek Watershed District Citizen's Advisory Committee. I have an interest in conserving the unique features of our community while encouraging responsible economic growth. Respectfully submitted, . , Jeff Knoll 3301 157th Ave. NW Andover, MN 55304 Home (421-4678), Work (421-3257) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: April 15. 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ITEM NO. Discuss Lift Station vs. Gravity Sanitary Sewer for Trunk Extension to Woodland Estates/Approve Plans & Specs/96-26/S Y2 of SW Y4 of Section 22 (Woodland Estates) 13. Scott Erickson,~~ Engineering The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for Project 96-26, S 1/2 of SW 1/4 of Section 22 (Woodland Estates) for trunk sanitary sewer and watermain construction. Specifications are available in the Engineering Department for review. The City Council at their April 1 , 1997 Council meeting requested that staff evaluate the cost of a sanitary sewer lift station versus the proposed deep trunk sewer line for this project (see attached cost estimate). As you will note, the estimated cost of a lift station is slightly more / than installing a deeper trunk sewer. Although there may be cases where a lift station is more cost effective than deep trunk lines, this particular project does not have a cost benefit associated with it. We will evaluate the option of installing sanitary sewer lift stations as the opportunities arise. / -' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember 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 Y2 OF SW % 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----9.L. 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 and adopted by the City Council at a regular meeting this 15th day of April , 19 97 , with Cou ncilmembers favor of the resolution, and Councilmembers said resolution was declared passed. voting in voting against, whereupon CITY OF ANDOVER ArrEST: J.E. McKelvey - Mayor I Victoria Volk - City Clerk / PRELIMINARY COST ESTIMATE - LIFT STATION Trunk Utilities To Woodland Estates City Project 96-26 City of Andover, Minnesota Commission No. 11235 LIFT STATION WITH 12" GRAVITY SANITARY SEWER Item Unit No. Description Quantity Price Amount 1 Lift Station 1.0 LS $190,000.00 $190,000.00 2 12" SDR 26 Sanitary Sewer 1,200.0 LF 20.00 24,000.00 3 15" SDR 26 Sanitary Sewer 175.0 LF 125.00 21,875.00 4 Standard 4' Dia. Manhole 10' Depth 6.0 EA 1,400.00 8,400.00 5 Extra Depth 4' Manhole 40.0 LF 80.00 3,200.00 6 Restoration 1.0 EA 6,500.00 6.500.00 Subtotal $253,975.00 Contingencies 20,325.00 Total Estimated Construction Cost - 274,300.00 Lift Station I Expenses (30%) 82,290.00 Total Project Cost - Lift Station $356,590.00 Future Cost for Upgrading Pumps $30,000.00 5 11235 \ / PRELIMINARY COST ESTIMATE 18" GRAVITY SANITARY SEWER Trunk Utilities To Woodland Estates City Project 96-26 City of Andover, Minnesota Commission No. 11235 TRUNK SANITARY SEWER Item Unit No. Description Quantity Price Amount 1 Mobilization 1.00 LS $10,000.00 $10,000.00 2 Connect to Existing Sewer 1.00 LS 5,000.00 5,000.00 *3 8"DIP 30.00 LF 30.00 900.00 4 18" PVC ASTM F679 WT 0.536" 1250.00 LF 110.00 137,500.00 5 30" Steel Casing Pipe 100.00 LF 300.00 30,000.00 6 Standard 4 Dia. Manhole 10' Depth 6.00 EA 1,400.00 8,400.00 7 Extra Depth Manhole 100.00 LF 80.00 8,000.00 8 Outside Drop 1.00 EA 1,100.00 1,100.00 9 Trench Stabilization Rock 1000.00 LF 6.00 6,000.00 . / 10 Televising 1300.00 LF 1.00 1,300.00 11 Traffic Control 1.00 LS 5,000.00 5,000.00 12 Rem/Rep. Exist. Sprinkler System 1.00 LS 7,500.00 7,500.00 13 Seeding 4.00 AC 900.00 3,600.00 14 Topsoil Borrow 2200.00 CY 7.00 15,400.00 Subtotal $239,700.00 Contingencies $18,300.00 Total Estimated Construction Cost - Trunk Sanitary Sewer $258,000.00 Expenses (30%) $77.400.00 Total Estimated Project Cost - Trunk Sanitary Sewer $335,400.00 4 11235 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: April 15. 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ITEM NO. Discuss Special Request from North Suburban Development Regarding Building Permits for Indian Meadows 4th Addition 14. Scott Erickson~l Engineering The City Council has received a request from North Suburban Development to allow building permits to be received internally for the Indian Meadows 4th Addition development. The development contract limits building permits to be issued only to lots adjacent to existing city streets. The reason for this was to reduce the damage that was occurring to the subgrade of the streets prior to the asphalt surface being installed. If the Council approves this request it should be stipulated that all traffic will be limited to driving across the existing lots as noted in their letter and any damage or contamination of the road bed will be the responsibility of the developer to repair at their cost. I ~. ....._,';...._... ..,'~.,"" -~.'.lo.1""'~ __,-"pO . ~~,,,--. ~. ... .... ..L ....... ,- ,,~..o:.r.,,'C\.i'_'....... _.........aI.~_~....."'.. ~~.~i:4.-"'~_....~.._---... """"'!1;, . j North Suburban Development, Inc. 1333 Osborne Road Spring Lake Park, Minnesota 55434 (612) 786-6000 fax (612) 780-2746 ,. April 10, 1997 City of Andover ATTN: City Council RE: Indian Meadows Building Permits Council Members: We are requesting a variance to allow the builders to start new home construction on Lot 2, Block 1, 'and Lot 3, Block 3, Indian Meadows 4th Addition prior to installation of blacktop. ) We have placed all the class 5 gravel on the new streets and are waiting for weather change to place blacktop. We are proposing theat builders bring building materials accross the front of the adjacent lots next to the existing road. If emergency vehicles require access, they can use the class 5 gravel road. If class 5 gravel gets roughed up or contaminated, North Suburban Development will repair street prior to installation of blacktop, at no cost to the city. Sincerely, North Suburban Development, Inc. tL-~.ft- Bruce D. Kerber General Manager. ,\. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION . / DATE: April 15 1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT ITEM NO. Discuss RequesUAshford DevelopmenU Chesterton Commons/97-8 16, Scott Erickson~~ Engineering Mr. Jerry Windschitl of Ashford Development has verbally requested that the City Council authorize an alternate consulting engineering firm to be used on the Chesterton Commons development, Project 97-8. Mr. Windschitl will be present at the meeting to discuss this item. I / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: April 15, 1997 AGENDA SECTION ORIGINATING DEPARTMENT EDA Meeting Administration Richard Fursman ITEM NO. Restructure Economic Development Authority llo. Request: The City Council is requested to consider and discuss the option of changing the character of the Economic Development Authority. Staff requests the Council consider the establishment of a seven-member authority, made up of only two members of the City Council. It would appear beneficial if the Authority had available some members with banking, legal, real estate and general economic development experience. Some changes/advantages to the reformation of the EDA may include: i 1. Consistent regular meeting times: [ex: 6 p.m. before each council meeting] 2. Relieve some pressure off the council 3. Provide official venue for economic development planning 4. Provide an excellent source for development leads 5. Bring level of expertise to the table on a consistent basis There are a number of control issues which need to be discussed as well. Further information will be presented at the meeting. / \ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 15. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Public Works Staff, committees and commissions lITEM NO. 11. Review quotes on janitorial services REQUEST: The Andover City Council is requested to review quotes on janitorial services. These quotations are for the following locations. / 1. City Hall (old and new additions) 2. Senior Center 3. Public Works current facility and proposed addition 4. Fire Stations #1, #2 and #3 5. Sunshine Park Staff is requesting the City Council to review these quotations and also compare the total cost to what a full time janitor would cost. It is always vital to make these comparisons to determine if the City is receiving the best service for the dollar. Currently, the 1997 budget reflects a total budget for janitorial services of$16,000.00 or $1,333.33 per month. During the first quarter of this year, the City has spent $2,157.13 of janitorial services. This leaves a balance of $13,842.87 for services for the rest of 1997. There will be a shortfall of budgeted funds for janitorial services. City staff recommends the additional funds come from the contingency fund. The shortfall should be approximately $3,000 to $6,000 depending on the option the City Council chooses. Listed below are the quotations received for the cleaning of all City owned buildings. Vendor Monthly Cost I Merry Maids Service Cia's Cleaning Coverall Cleaning Concepts Jani-King Terhaars Maintenance Service $4,085 3,104 1,922 1,680 (cleaning supplies not included) 1,639 If the City should choose to hire a maintenance person full time, the cost for wages and benefits should be $24,336. This is calculated at $10.00 per hour for 2,080 hours per year and adding 17% of the gross wage for benefits. This calculates to a monthly expenditure of $2,028. The advantage of having janitorial services on staff is that a flex schedule could be developed to ensure meetings are prepared for, park area cleaned after tournaments, general maintenance now performed by public works employees could be done by janitorial employee thus freeing up time for public works employees. The disadvantage of having janitorial service on staff would be the additional expense of cleaning supplies. ) This comparative analysis has been to determine if janitorial services should be performed on a contract basis or if it would be cost beneficial to do this service in house. At this time, staff requests the City Council to review this material and make a recommendation to staff as to what direction to take. I CITY OF ANDOVER '. J REQUEST FOR COUNCIL ACTION DATE: April 15, 1997 AGENDA SECTION NO, Non-Discussion/Consent Item ORIGINATING DEPARTMENT APPROVED FOR Frank Stone - Public Works AGENDA ITEM Superintendent BY: NO. Approval Purchase of Two Four-wheel Drive Pickups B Ig, One month ago we advertised for bids on two pickups and received only one bid. I personally don't understand the reason for receiving one bid, I asked Council to reject that bid and we would give this item another try though the State Bid process. This time we had success! / The first vehicle is a 1/2 ton 4-wheel drive pickup to be used by the Engineering Department for field inspection, ect. This unit was budgeted for purchase in 1997 and funding is in the Capital Equipment Reserve Fund. ( 1 ) Buffalo Chrysler Pickup with Strobe and Tax ( 2) Main Motors Pickup with Strobe and Tax ( 3 ) Falls Automotive Pickup with Strobe and Tax ( 4) Coon Rapids/McKay Pickup with Strobe and Tax ( 5) Superior Ford No Bid. $20,397.00 20,708.93 21,633.00 21,914.00 We recommend the purchase of the 1/2 ton Dodge pickup from Buffalo Chrysler for: 1/2 ton Dodge pickup $20,397.00 Motorola Maxtrac city radio (Installed) 975.00 License's Plates (Est.) 150.00 Total Cost $21,522,00 ( CONTINUED NEXT PAGE ) MOTION BY: SECOND BY: CITY OF ANDOVER ) REQUEST FOR COUNCIL ACTION The second vehicle is a one-ton 4-wheel drive pickup for the Water and Sewer Department, having a front plow to be used for cul-de-sac snow removal. This unit was budgeted in the Water Distribution and Sanitary Sewer budgets for purchase this year. Specifications ( 1) 1997 4 Wheel Drive, One-Ton Pickup Options: A. 9 Fisher snowplow with Mounts and Hydraulics B. Timbren load boosters installed on front axle C. 2 Weather Guard Model #R-I64 aluminum side boxes installed D. Aluminum tailgate protector installed E. (Backrack) Rear cab protector, with strobe mount F. Whelen Model #800C High Dome strobe G. ABS Brakes / BIDS (1) Coon Rapids McKay 1997 One-Ton Dodge This unit is bid to spec. Tax Included $29,672.63 (2) Superior Ford 1997 One-Ton Ford Tax Included $28,703.89 This unit is not to spec. No ABS Brakes, If it was bid to spec the total cost would be $ 29,158.89 The Est. Cost of ABS brakes is $455.00 (3) Falls Automotive 1997 One-Ton Dodge Tax Included $29,385.00 This unit is not to spec. They bid a 8'6" straight Boss Plow. 99% of our small plows are Fisher. If we accept this bid, we would have to stock another type of plow blade. At this time our small truck blades are standard. (4) Buffalo Chrysler 1997 One-Ton Dodge This bid is to spec, Tax Included $29,371.00 j ( Continued next Page) , , / / / We recommend the purchase of the One-Ton Dodge pickup from Buffalo Chrysler for Motorola Maxstrax city radio (Installed License Plates (Est.) Total Cost $29,371.00 975.00 150.00 $30,496.00 This bid meets all the Specifications. The delivery date of all Bids is 60 to 90 days. Andover City Council reserves the right to reject all bids in the best interest of the City. If you have any questions concerning this item, please call me before the Council Meeting. MOTION BY: SECOND BY: CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , DATE: April 15, 1997 AGENDA SECTION ORIGINATING DEPARTMENT ITEM NO. Non-Discussion Special Use Permit Real Estate Sign 3179 166th Lane NW Gold Nugget Development Co. \q, Request The City Council is asked to review the Special Use Permit request of Gold Nugget Development Company to erect a real estate sign at 3179 1 66th Lane NW, legally described as Lot 1, Block 1, Hunters Hollow. Background For background information please consult the attached staff report presented to the Planning and Zoning Commission and the minutes from their March 25, 1997 meeting. Planning and Zoning Commission Review The Planning and Zoning Commission at their March 25, 1997 meeting, reviewed the request and recommends to the City Council approval of the Special Use Permit. A resolution is attached for City Council review and approval. J CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RESOLUTION NO. -97 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF GOLD NUGGET DEVELOPMENT COMPANY TO ERECT A REAL ESTATE SIGN LOCATED AT 3179 166TH 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 166th Lane NW, legally described as Lot 1, Block 1, 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: 1. 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. I . I 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 of the City of Andover on this _ day of 1997. ATTEST: CITY OF ANDOVER / Victoria V olk, City Clerk J. E. McKelvey, Mayor CITY OF ANDOVER REQUESTF,OR PLANNING C,OMMISSI,ON ACTI,ON March 25,1997 DATE / DEPARTMENT APPROVED FOR AGENDA Jeff Johnson Zoning Administrator BY: REOUEST The Planning and Zoning Commission is asked to review the Special Use Permit request of Gold Nugget Development Company to erect a real estate sign at 3179 166th Lane NW, legally described as Lot 1, Block 1, Hunters Hollow. APPLICABLE ORDINANCES Ordinance No.8. Section 8.07 - Signs . / Ordinance No.8, Section 8.07(2)(E) lists sign types that are allowed by a Special Use Permit. Real Estate signs may be allowed for a residential project of five (5) acres or more provided: 1. The sign is at least one hundred thirty (130) feet from any residential structure. 2. The sign area shall not exceed two hundred (200) square feet in area. 3. An agreement is made to remove the sign within two (2) years unless an extension oftime is granted by the governing body, after approval of a Special Use Permit has been granted. Ordinance No.8. Section 5,03 - Special Uses Ordinance No.8, Section 5.03 regulates the Special Use Permit process. In reviewing a Special Use Permit request for a sign, the following criteria shall be considered: 1. No sign shall be permitted that constitutes a hazard to vehicular safety. 2. No sign shall be permitted that may tend to depreciate nearby property values, be a detriment to scenic or pleasant views, or otherwise mar the landscape. / Page Two Special Use Permit - Real Estate Sign 3179 166th Lane NW Gold Nugget Development Company GENERAL REVIEW The applicant is requesting a Special Use Permit to erect a thirty-two (32) square foot real estate sign to promote the sale of lots in the Hunters Hollow single family home development (see attached drawing of sign). COMMISSION OPTIONS A. The Planning and Zoning Commission may approve the Special Use Permit requested by Gold Nugget Development Company. / The Commission finds the request meets the criteria established in Ordinance No. 8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestion or hazards; the use will not depreciate surrounding property values; and the use is consistent with the Comprehensive Plan. The Commission also finds that the request meets the criteria established in Ordinance No.8, Section 8.07. The Commission shall also make the following conditions in accordance with ordinances: 1. 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. The sign area shall not exceed two hundred (200) square feet in area. 4. An agreement is made to remove the sign within two (2) years unless an extension of time is granted by the governing body, after approval of the Special Use Permit has been granted. 5. 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. 6. The Special Use Permit shall be subject to annual review by staff. / / Page Three Special Use Permit - Real Estate Sign 3179 l66th Lane NW Gold Nugget Development Company 7. The owner shall be responsible for the maintenance of the sign. B. The Planning and Zoning Commission may deny the Special Use Permit requested by Gold Nugget Development Company. The Commission finds the request does not meet the criteria established in Ordinance No.8, Sections 5.03 and/or 8.07. In denying the request, the Commission shall state those reasons for doing so. C. The Planning and Zoning Commission may table the item. STAFF RECOMMENDATION Staff recommends Option A. / / FEB-21 97 13:12 FROM: 755-B923 TO:1 612 424 1030 PAGE: 04 \ I / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (612) '15$-5100 SPECIAL USE P8aKIT Property Address 3179 166th Lane NW Legal Description of property: (Fill in whichever is approp;iate): Lot 1 Block 1 Add! tion Hunters Hollow (If metes and bounds, attach the complete legal description.) Is the property: Abstract X or Torrens ? (This information auat be provided and can be obtained from the County. ) ______________NN_________~_______________~~___________----~-~---- P1N 093224330002 Reason for Request Applicant proposed to erect a double sided 8 x 4 foot t-PT1)IY'lrFlry rPFll estate sign. The purpose of the sian is to nrormtp t-np SFllp nf lnt-c: in the Hunters Hollow developrent. j Section of Ordinance Ord. No.8 Current 'Zoning R-l SinglA P"mil'{ lillral ______________________~~~~J~2j~10U~__~_________________---------- Name of Applicant Real F.st-at-p F.'<))rAC:C: Address 500 Central Ave.. Osseo MN 553fic) Home phone Signature Phone 425-6860 Da te 2-26-97 property Owner (Fee Owner) Gold Nuqqet Develoarent Tnr. (If different from above) Address 8857 Zealand AvenllP Nnrt-n Rrnnklyn PFlrk. MN ""44" / Si9nature Phone 424-4955 oa te 2-26-97 Home phone ----_.---------------------~~.--------------~-- FEB-21 97 13:12 FROM: 755-8923 TO:1 612 424 1030 PRGE:05 / SPECIAL USE PERMIT PAGE 2 The following information sha\l be submitted prior to review by the City of Andover: I. A scaled drawing of the property and structures affected showing: scale and North arrow; dimension ofthe property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures wi thin 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property T ouens property S200.00 ~ $100.00 ($25.llii) $40.00 Date Paid tIt c;g2- Receipt # # ()3r'if~ 1.:f O]gQ5cl Rev. 5-06-93:d' A 5-04-94:bh 2-01-95:bh 3-22-95 :bh 9-30-96:bh 1-07-97:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS Tn granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The et'tect on values of property and scenic views in the surroWlding area. 4. The elJect of the proposed use on the Comprehensive Plan. 03/04/97 10:04 / / l' 't"d REi'lL ESTRTE EXP -> NO IJRK-FLECK NO. 523 (;)02 I~ ~ r' . _ - l " UUiJ ~I ~~~ - ,\ ,-or ,,~[M]M ~ ~ Ii Ii "\.OJ 2:~/1 9 ~ !:8l? ~ ~ i ,: GUiJ [JUt] esl {~ : ii ~fJ!il ~l ~ Ii II .<D ~~.. ~!i ::=~ ~t ~L I' 8 r:-:l r-I~ f7 ~ L ii @ uuu L~ II.i I::Y LJ I ,; ~ I~~ L":J~ 6 i; ,I ~"~ ~~ ~ ' I C!ff~ ~ I <0 , [F=::.J I wJW [ 1'y [F=::J i' @~~I ~~ 9 ...... <. -.., ...JL 5 ~~ ~ e-...-. ~ <3>:n'3L<;~t'3flN::3:n,v, ')I00~8 w \... dm:9a 1.6 . E0 ~w . " I' I ; .. . / ; ,....... :()') I . 10 !Z i I . II I . l~ ! (/) . , . u ......... i,., c ....0:: 01lJ~ r~ -'0: '}if co '? a a::: <( > w ...J ::> .' o' CD Jw I ~?' ..::J l~ ::> ,---------- I I I I I. I ----} r-:;-"" '1_.,["') \ ~~-' \. 1 ~J ,- " '-J \ "~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, March 25, 1997 at Oak View Middle School, 15400 Hanson Boulevard NW to review the Special Use Permit request of Gold Nugget Development Inc., for the erection of a real estate sign as defined by Ordinance No.8, Section 8.07 located at 3179 166th Lane NW, legally described as Lot 1, Block 1, Hunters Hollow. All written and verbal comments will be received at that time and location. A copy of the application will be made available at City Hall for review prior to said meeting. tl...L;;Al/1 t(,c0 Victoria V olk, City Clerk Publication Dates: March 14, 1997 and March 21,1997 PIN: 083224410008 HICKERSON KENNETII D & RENEE C 3235 167TII LN NW 'DOVERMN 55304 , / PIN: 083224410013 RIVERWooDS CONSlRUCTION CO INC 1500 JACKSON ST NE MINNEAPOLIS MN 55413 PIN: 083224410014 MAY HARRY L & PATRICIA L 3230 167TII LN NW ANDOVER MN 55304 PIN: 083224440003 WOODLAND DEVELOPMENT CORP 830 W MAIN ST ANOKA MN 55303 PIN: 083224440004 ROWE DAVID L & FOX RITA A 3231I66TIILNNW ANDOVER MN 55304 PIN: 083224440014 WOODLAND DEVELOPMENT CORP 830 W MAIN ST ANOKA MN 55303 PIN: 093224320004 OLSEN MELVIN L & MARY A 3110 I67TII LN NW ANDOVER MN 55304 PIN: 093224320006 KIMMEL LEO B 3146I67TIILNNW ANDOVER MN 55304 PIN: 093224320008 LENZ DARYL C & BONNIE R 3109I67TIILNNW ANDOVER MN 55304 PIN: 093224320009 NEVILLE T J & NEVll..LE J L 3I45I67TIILNNW ANDOVER MN 55304 , J PIN: 093224330002 GOLD NUGGET DEVEL INC 8857 ZEALAND AVE N BROOKLYN PK MN 55445 PIN: 093224330003 GOLD NUGGET DEVEL INC 8857 ZEALAND AVE N BROOKLYN PK MN 55445 PIN: 093224330004 GOLD NUGGET DEVEL INC 8857 ZEALAND AVE N BROOKLYN PK MN 55445 PIN: 093224330005 GOLD NUGGET DEVEL INC 8857 ZEALAND AVE N BROOKLYN PK MN 55445 PIN: 093224330006 GOLD NUGGET DEVEL INC 8857 ZEALAND AVE N BROOKLYN PK MN 55445 PIN: 093224330009 GOLD NUGGET DEVEL INC 8857 ZEALAND AVE N BROOKLYN PK MN 55445 PIN: 093224330010 GOLD NUGGET DEVEL INC 8857 ZEALAND AVE N BROOKLYN PK MN 55445 PIN: 093224330011 GOLD NUGGET DEVEL INC 8857 ZEALAND AVE N BROOKLYN PK MN 55445 / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 15, 1997 AGENDA NO. SECTION ORIGINATING DEPARTMENT Andover Public Works Division APPROVED FOR AGENDA Discussion Item ITEM NO. Public Works Storage Site and 0..0, Dump Station BY: Brian Kraabel BY: ~ We request that City Council review and approve the Public Works site as drawn on the attached site plan. We will make some changes to the location of utilities, storage buildings and the Recycling Center. We would move the watermain from under the new storage building and reinstall it to the east side of the building. The Chemical Storage Building would also be moved to the east side of the new building. We would relocate the Recycling Center to the North of its present location and use the north driveway as the new entrance into the Center. The square footage will be smaller than the present location, but large enough to "old everything necessary. / Presently, our septic dumping station is on the west side of the site. Staff is looking into an area on the southeast comer of Andover Boulevard and Crosstown Boulevard for relocating the dumping station. This site seems to be the best site, as it would use the main trunk line that is already in place. The very high flow on this line would eliminate any potential problems that could happen on the present line. Originally we thought to move this station to the east side of the new storage building, as it would have been in the parking area on the west side. However, Administration did not agree with this location. Although it would have used the same sanitary line that is currently in place, it would have basically put the dumping station in the Park. Therefore, we request City Council consider the site at Andover Boulevard and Crosstown Boulevard as the new site for the dumping station. MOTION BY: . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: April 15. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ~l Engineering ~ ITEM NO. Approve Plans & Specs/97-14/Prairie Road & I ~unker Lake Boulevard Improvements 10<1. The City Council is requested to approve the resolution approving plans and specifications and ordering the advertisement for bids for Project 97-14, Prairie Road NW & Bunker Lake Boulevard NW for intersection and trail improvements. Specifications are available in the Engineering Department for review. Todd Blank, consulting engineer with SEH hired by the City, and myself will be meeting with the neighborhood on Monday evening to review the plan with the homeowners along Bunker Lake Boulevard that are effected by the trail. / Scott Erickson, City Engineer, will update the City Council at the meeting to let you know how the meeting went with the neighborhood. " If you have any questions, feel free to contact me at 755-5100, ext. 131. CITY OF ANDOVER i COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember 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~, 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~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. I 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 and adopted by the City Council at a regular meeting this 15th day of April , 19 97 , with voting in voting against, whereupon Council members favor of the resolution, and Councilmembers said resolution was declared passed. CITY OF ANDOVER ATTEST: J. E. McKelvey - Mayor I Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " / DATE: April 15. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Approve Quotes/Misc. Items/Sunshine Park ~-i' ~. Todd Haas, ~ Engineering The City Council is requested to the quotes for purchase of miscellaneous items for Sunshine Park. This will be paid from the park dedication fund which was previously approved by the Park and Recreation Commission and also by the City Council. / . ; / * Sunshine Park Site Furnishings * I have been directed by Park Board to continue forward with furnishing in, and around Sunshine Park building, in the amount of $ 15,900: February 6 tho Park Board minutes. Staying in line with the proposed plan, here is what we have on order, along with price comparisons: * 2 A.D.A. concrete tables; Flanagan 638.00 Upbeat 746.00 * 3 concrete round planters 42 x 17 inch Flanagan 367.00 Upbeat 407.00 * 8 concrete square planters 36 x 18 x 25 inch Flanagan 173.00 / E.F.A. 207.00 Upbeat 232.00 * 2 concrete round planters 22 X 18 inch Flanagan 105.00 Upbeat 282.00 * 13 concrete waste containers with tops and liners Flanagan 331.00 E.F.A. 460.00 Upbeat 440.00 * I concrete bench Flanagan 266.00 E.F.A. 275.00 Upbeat 310.00 As you can see, Flanagan Sales has the lowest bid prices. They also have the best shipping value. \Ve will be ordering 12 more concrete benches in the next couple of \veeks. Thank You, // ~-L"'-I~ J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ; DATE: April 15. 1997 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ~ Todd J. Haas, ITEM NO. Parks Coordinator ~:rove Revised 1997 Park Capital Improvement Budget The City Council is requested by the Park and Recreation Commission to approve the revised 1997 Park Capital Improvement Budget as follows: . / . $7,500 - Oak Bluff - New Playground (ages 2-5) . $7,500 - Langseths Park - New Playground (ages 2-5) . $7,500 - Pheasant Oaks Park - New Playground (ages 2-5) . $2,200 - Sunshine Park - 2 sets of small soccer goals (previously was $4,500) . $ 7,100 - City Hall Park Complex # 1 - Install irrigation system for soccer field/south side of water tower . $2,300 - Sunshine Park - rain gutters (remaining funds from soccer goals) . $ 12,000 - Sunshine Park - 3 sets of bleachers for soccer fields . $6,000 - Sunshine Park - 3 concrete pads for bleachers . $2,5000 - Pine Hills Park - outfield fencing for 1 baseball field . $1,500 - Pleasant Oaks - fence along west property line as recommended by Berkley Risks. . $3,900 - Sunshine Park - outside fencing for the 2 small softball fields . $2,000 Unexended 1996 Park Capital Improvements (Sunshine Park - outfield fencing for the 2 small softball fields) $62,000 TOTAL AVAILABLE / / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 15. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Finance Jean D. McGann Non-Discussion I ITEM NO. dLJ. Award Sale - 1997 G.O. Special Assessment Bond REOUEST: The Andover City Council is requested to award the sale of the 1997 G.O. Special Assessment Bond. The results of the sale will be presented at the City Council meeting. Within you packets you will find the \ preliminary Offical Statement for the issuance of these bonds and a resolution awarding the sale. J BACKGROUND: At the March 18, 1997 City Council meeting, the Andover City Council authorized staff to proceed with the sale of the 1997 G.O. Special Assessment Improvement Bond. The sale was authorized for Tuesday, April 15, 1997. ADDITIONAL INFORMATION: Standard and Poors has given the City of Andover an A rating on this bond sale. Enclosed is a copy of the press release issued by Standard and Poors. / '. 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: and the following were absent: Member and moved its adoption: introduced the following resolution J 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 A. WHEREAS, on March 18, 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 $3,120,000 General Obligation Improvement Bonds 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 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. , J 2. Bond Terms. (a) Title: Oriqinal 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 Svstem. 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 \ ) / J 346358,' 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 System. 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 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 % 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. 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: 346358.1 7 '\ I / ) 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"),. conunencing December 1, 1997, at the rate per annum specified above (calculated on the basis of a 36D-day year of twelve 3D-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 , I 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 k~ 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 j 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 " j / / 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 j / / ON REVERSE OF BOND Redemption. 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 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 $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; Exchange; Resolution. The Bonds are issuable solely as fully registered bonds in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable / regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of 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. 346358.1 12 , , J Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Oualified Tax-Exempt 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 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 - (Minor) Uniform (Cust) under the (State) Transfers to Minors Act / Additional abbreviations may also be used though not in the above list. I 346358.1 13 ASSIGNMENT I 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 346358.1 AMOUNT 15 AUTHORIZED SIGNATURE OF HOLDER , / ) 1 / 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 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 J 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 Uoon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carryall the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment: Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest, Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of 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: A09lication 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 (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 Desianation Collection Years Amount Levy Years Rate $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. Coverage Test. The special assessments are such that if collected in full they, together with estimated collections of other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. 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. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure") . The City hereby certifies and/or covenants as follows: ) (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) 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. J 20. Continuina 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. J 346358.1 23 1 , I 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 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 Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as he or she shall require, and to obtain the County Auditor's certificate that the Bonds have been entered in the County Auditor's Bond Register. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality 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 \. J furnished, shall be deemed representations of the City as to the facts recited therein. 24. Neaative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (I) 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 (I) 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. Designation of Oualified Tax-Exempt Obliaations. 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 prov1s1on 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. Headinas. 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 discussion thereof and upon a vote being following voted in favor thereof: the foregoing resolution and, after a full taken thereon, the and the following voted against the same: adopted. Whereupon said resolution was declared duly passed and / 346358.1 26 " J 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. / Clerk (SEAL) ) 346358.1 27 , ) ) / EXHIBIT A PROPOSALS [To be supplied by Juran & Moody] 346358.1 A-I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " ) DATE: April 15. 1997 AGENDA SECTION Non-Discussion Items ORIGINATING DEPARTMENT Planning John Hinzman, -1"., tI-' City Planner ITEM NO. Appointment of Comprehensive ~ c! Plan Task Chairperson and Acting 'YJ. Chairperson Request The City Council is asked to appoint a Chairperson to the Comprehensive Plan Task Force Committee. The task force nominated Gretchen Sabel to serve as chair at the last meeting. Although the appointment of an Acting Chairperson was not discussed, the Council may want to consider selecting one from the remaining members of the ) committee. The task force includes the following members: Maynard Apel Brian Barringer Lynette Barry Mike Gamache Al Grabowski James Knoll Marjorie Perry Gretchen Sabel Byron Westlund Tom Widhalm ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " , DATE: April 15 1997 / AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Scott Erickson,~ Engineering ITEM NO. Award Bid/Cherrywood Estates/96-30 16if(), The City Council is requested to approve the resolution accepting bids and awarding contract to Kober Excavating in the amount of $228,302.90 for Project 96-30, Cherrywood Estates for sanitary sewer, watermain, street and storm sewer construction. The bids received are as follows: Contractor Bid Amount Kober Excavating ) C.W. Houle, In. Volk Sewer & Water, Inc. Annandale Contracting, Inc. LaTour Construction Redstone Construction Ryan Contracting SJ Louis Construction Kuechle Underground Burschville Construction Minger Construction Northdale Construction Brown & Cris, Inc. SR Weidema Bonine Excavating Landwehr Construction $228,302.90 $236,500.00 $242,255.15 $248,152.40 $249,182.80 $251,697.28 $256,889,70 $265,343.50 $271,955.00 $272,970.65 $273,636.90 $275,268.66 $285,550.75 $294,608.60 $318,887.71 $321,673.00 Engineer's Estimate $268,000.00 J ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember 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 and adopted by the City Council at a regular meeting this 15th day of April , 19--9L, with Councilmembers the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting in favor of voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor , / Victoria Volk - City Clerk n'~-~~-~~J( ~~.~o IKUH TKDA 612 292 0083 P.02/15 '.OINEERS . ARCHITECTS. PLANNERS / TOLTZ. KING. DUVALL. AND~RSON AND ASSOCIAT~S. INCORI'ORATED April 10, 1997 Honorable Mayor and City Council Andover, Minnesota Re: Cherrywood Estates Utility and Street Improvements City Project 96-30 City of Andover, Minnesota Commission No. 11258 Dear Mayor and Council Members: 1500 I'Il'EA JAFFAAY I'LAZA "4 CEDAR STllEU SAINT PAUL. MINNESOTA 55101-21-40 PHCNE:S1212ll204COD FAX:lI12J21l2.<<l113 Bids for the referenced project were received on April 9, 1997, with the following results: Contractor Amount of Bid , ) Kober Excavating, Inc. C. W. Houle, Inc. Vo1k Sewer & Water, Inc. Annandale Contracting, Inc. LaTour Construction, Inc. Redstone Construction, Inc. Ryan Contracting, Inc. S. J. Louis Construction, Inc. Burschville Construction, Inc. Kuechle Underground, Inc. Minger Constntction Brown & Cris, Inc. S. R. Wedima, Inc. Bonine Excavating, Inc. Landwehr Construction,Inc. Northdale Construction Company, Inc. $228,302.90 $236,500.00 $242,255.14 $248,152.40 $249,182.80 $251,473.00 $256,889.70 $265,343.50 $270,415.65 $271,959.85 $273,636.90 $285,550.75 $294,608.60 $316,523.81 $321,673.00 $569,777.80 $269,280.50 Engineer's Estimate A complete Tabulation of Bids is attached for your information. / An Equal Opportunity Employer H,~-~~-~~~( ~~.~~ IKUH 612 292 0083 P.03/15 Honorable Mayor and City Council April 1 0, 1997 , Page 2 / It is recommended that a contract be awarded to the low bidder, Kober Excavating, Inc., in the amount of their low bid of $228,302.90. Sincerely yours, ~m~ Richard M. Odland RMO/cjy Enclosure ) , , I " ) ..! .. - - I 18888888&l888888~ 888 8 8 8:fJ 8 8 8 8 &lIB ~ ' . , . . . . . . . '.. 0:; . , ~~~~~~i~i~~d~ d Z ! !!~!!~~~i!a o;~i ~ ::l .:.... ~.,f..;...ci ':"':if w- i ... <( ""Vi wi.. ""... w""'..... www-.." 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T1 -n- 1"1 ,i 0 :;;0 0 0 l!:_ :lO Qj Cii W...l~:;; (I) Z ~:;;r: I , '~I-;'" ~i~ ~'''',"" :J;- 0 0 w ~ :;; u~uu ii5 ~ Q O_Nf')..,tftCQ Q -N~"'II1CO"'CDg)_______ - N rJ ''It \n ~1",,";aJ 0)- ~l_ _ ":'1.- _._ Sl/Sl . d (800 e6e el9 1:10>11 90:9l L66~-O~-ddl:l DATE April 15 1997 ITEMS GIVEN TOTHE. CITY COUNCIL . Planning and Zoning Minutes - March 25, 1997 . Comprehensive Plan Task Force Minutes - March 26, 1997 . City Council Minutes - April 1 , 1997 . HRA Minutes - April 1 , 1997 . Park & Recreation Commission Minutes - April 3, 1997 . March 1997 Building Dept. Report . Ordinance 8VIJWI/'INV . Public Works/Sketch Plan . General Obligation Improvement Bonds of 1997 . Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR THE NEXT AGENDA. THANK YOU. " ) / , '~J \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 8WWWW AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended from R-l, Single Family Rural to SC, Shopping Center as shown on the attached map and legally described as follows: Unplatted Grow Township that part of the Southwest Quarter of Section 23, Township 32, Range 24, Anoka County, Minnesota, lying north and west of County Road 18, as the same is now laid out. NOTE: All other Section of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this.l]1h day of March, 1997. CITY OF ANDOVER ATTEST: iz;,,~ / tL/L Victoria V olk, City Clerk t' L /' \ I(.~", .... .... (' 't"..t~ -( :: '~! 1 "" ~_~~'\~, >--> 1'(( '~..:J :~: ,...J-_..J., ),,?\' ~ \: ~ -,.l.... J ..L. -{ '".:> ,j C' ~ "7 C ! I ,,}/ '101 < -<.~..L.;;...-~,~I.~ ---"1 ,I", ! v ,. .. ~\~ -\ \, ) ~ J 1\ ),C I i~/ I I ~-:< / ,,\ A. \ \ -~~,~- .'/ / _.J' ., . . " .7 7' to' , , ~.-- ;1 ~3 ; R .--..,' ...i.._::TI"'"......__.._ -J'I ~ ~ ~ ~ , . I .- ~ /': ;- 4-;_ .-.. : - ,~ .i' . ,-. -- ~lr~~4 ~ ' ~/ . C?-r- 3 /. I;, /' ' -"1.-1 ,..; i: z ~.- . ~, /,."", .::1:,,:c R-I ~,..,AII 'f"' " -r c..- tsrATIS . . --. ... .. ,~ , (~I. .". .- 'r.- > ) 'll! .,. " , / ~ (.I ..- ~ R-I CD ;4 .,~ --- -.... ... ._-_. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 15.1997 AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance:~ C)<"'"' Jean D. McGann I ITEM NO. Schedule of Bills Due to the moving of City Hall and having to establish computer communication in the new facility, the schedule of bills was not able to be printed. Business Records Incorporated, our fmancial software company, should have our fmancial printers up and running prior to the council meeting. The schedule of bills will be presented at the meeting. Our apologies for the inconvenience this has caused. T+~IY\ tt 8 LAw OffiCES OF William G. Hawkins and Associates WILLIAM G. HAWKINS BARRY A. SULLIVAN Legal Assistant WENDY B. DEZELAR 2140 FOURTH AVENUE NORTH ANOKA: MINNESOTA 55303 PHONE (612) 427-8877 April 10, 1997 Mr. Jeff Johnson City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 RECEIVED APR 1 4 1997 CITY OF ANDOVEF, Re: Daycarcs Dear Jeff: You have inquired about the applicable statutes regarding regulation of daycare centers in Minnesota. There are many statutes that may be applicable, depending upon the circumstances. I shall address a few which may be relevant. With regard to zoning, the applicable statute is ~ 462.357, subdivisions 7 and 8. Subdivision 7 requires a city treat a licensed daycare facility serving 12 or fewer persons as a permitted use in a single family residential district. Subdivision 8 requires a city tre.at licensed daycare facilities serving from 13 to 16 persons as a permitted use in a multi-family residential district though, under certain circumstances, a conditional use permit may be required. r. Regarding licenses, Minn. Stat. ~ 245A.03 provides that a license is required in most daycare situations. Subdivision 3 provides that unlicensed activity is a crime. Importantly, ~ 245A.15 discusses the ability of local government to regulate family daycare. This section simply provides that local government is limited by the terms of ~ 299 at .011, subdivision 4a(1) and (2). Those sections prohibit the city from adopting or enforcing a rule that (1) establishes staff ratios, age distribution requirements, and Iimit;3tions on the number of children in care; and (2) regulates the means of egress from famiiy or group family daycare homes in addition to the egress rules that apply to the home as a single family dwelling. Other statutes that may apply which I have not reviewed include 16B.61 in the building code, 299F .841 in the fire code, 299A.11 regarding transportation and 157.22 an 256.01 regarding licenses. I ffpe t is in rmation is of some c mmen pie e feel free to call. " I , ' ' rjihcerely,j' .. ' ,","' , ' , QNi IV ',,' " " ~ A~ mVan BAj'Wbd\ benefit to you. If you have any questions or :Tf.(yYJ III April 14, 1997 RE: Boat Trailer Parking, Crooked Lake Access RFCEIVED APR 151997 CITY OF ANDOVER Jack McKelvey, Mayor City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Mayor McKelvey, I am writing to oppose the proposed ban on limited watercraft trailer parking at the public boat launch at Crooked Lake and adjacent public streets in Andover. The Crooked Lake association's proposal to limit parking is a fictitious attempt to limit the access of Crooked Lake, a public State of Minnesota natural resource that is frequented and enjoyed by numerous Andover area water enthusiasts. Crooked Lake should be operated in the best interests of all residents, not a few adjacent home owners. It is important to recognize that local home owners do not own this lake, access or city streets. I really do not honestly believe limiting outside watercraft access to control Eurasian Milfoil and pollutants is the real reason for the Lake Association's proposal. Minnesota State law prohibits the transfer of a boat or trailer with attached Milfoil. It is a known fact that two-cycle outboard motors produce pollutants into the lake. The association fails to report that most of them own and operate outboard watercraft of their own on Crooked Lake. Will the adjacent lake residents be receptive to restricting use of their watercraft on this natural resource? I will agree that high speed's are a valid safety issue concerning all Minnesota lakes, not just Crooked Lake. One adjacent Crooked Lake home owner even has a 200 horsepower outboard motor on a barefoot designed ski boat docked on the lake. Fact: a standard adult is required to travel in excess of forty m.p.h. to barefoot ski. Excessive speed and congestion is a problem on America's roadway's. Does this mean we should make laws that restrict public parking and access to our roadway's? A sheriffs water patrol has proven to be practical and more efficient way to enforce watelcraft speed and safety. I know that you and the Andover City Council will look at all issues and make your final decision in the best interests of everyone involved, not just interests of a few adjacent home owners. Limiting trailer parking is not a rational solution to this issue. I would be glad and willing to participate in a local task force to study and offer solutions to make Crooked Lake a safe and enjoyable public resource for everyone. I welcome any comments or questions pertaining to this topic. Sincerely, Ct7J; 'Th( j>J;.v-- (' . Darren J. ann 1958 134m Lane NW Andover, MN 55304 612/754-6070 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Apri115.1997 AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance ~ Jean D. McG~ I ITEM NO. Schedule of Bills REQUEST: The Andover City Council is requested to approve total claims in the amount of$622.136.30. BACKGROUND: Claims totaling $ 44.885.33 on disbursement edit list # 1 dated 04-08-97 have been issued and released. Claims totaling $282.610.97 on disbursement edit list #2 dated 04-15-97 will be issued and released upon Council approval. In addition, the Fire Truck approved for payment through the PIR fund is ready to be picked up. The balance due on this Fire truck is $294.640.00. Date: 04-15-97 Approved By: 1..., I.". '-' '- " I ~ "-' ..... " c '- " o r-CJ"H .0 " '" 0(01+ ~ 0.',' "'-" c ~~~ "'-' ~, CD 0 '" ::. 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OJ H r r 'f) " " I , I" > I " -< ,,., > ,0 OJ If} ,< r () 1m m I ::; :0 , ,1'. oC Q, OJ > 0 -< '1) i 0 CO I H H 'l. '" >V >V '.0 '" '" ITl 0> <Xl OJ <Xl '" '" ro co Q < "', '" G '" www...."'(1) <D ,- -+, ,. H '" c;; - . - - - . '" I. ITl "'I '" '.0 w,J:-owO)"'(O ro- o '-0 .. ~ m (J'lt;--,(Oco,J:'-(J'I~-,.e-- m ,. ITl 0 0 3: ,0 .."J (J'-O) t;- 0 (!) co I.D 0 u' 3: , . 0 .1 m m ~ <D 2 <D co t."1 w ro rv '" 0) 00 v-' en 2 'i. > -.I --< -.I <D (0 W (0 -....J (.."1 0 ~mro --< 2 I '.0 'Jl 0 > ." ." '" 0 < ITl .' 9 '" 0 '" '1 ." > " -< :3: ITl Z --< 'J_l Gi ,- ,- .~, 0 c' m 0 ,-0 ?J '-'J < ,::; .:4, '.I' ., 0 -< 0 r:, ;;:. ." " " ,. z c' ':' " < ~ ~. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: April 15. 1997 AGENDA SECTION ADD-ON ORIGINATING DEPARTMENT City ClerIf ~ l~' ITEM NO. Reconveyance of Tax Forfeit Parcel In 1991 the City acquired a tax forfeit parcel of land located at 173rd and Butternut Street NW. The purpose of the acquisition was for streets. I have received a letter from the Minnesota Department of Revenue Property Tax Division which states that if any tax forfeited land conveyed to a political subdivision free of charge for an approved public use is not put to that use within five years, it must be reconveyed to the State of Minnesota. The Engineering Department has reviewed the parcel, as well as the Public Works Department and have found that there is no reason for the City to keep the parcel. Therefore, we recommend that the Mayor and Clerk be authorized to complete the forms necessary to reconvey the parcel to the State. Attached is a copy of the original application and the Conveyance of Forfeited Lands form from the State. TEL: , 'II IItll1lJ I UJ~ II U,,~,~LJ1~1:,~7l1!M: 1lu~~(i 9,09 P. 01 ID fGrnll H~ (R-. 11nr.1 APPLICATION BV GOVEllNMENTAl SU90IVISION FOR CONVEVANC15 OF TAX-FORFEI'TED LANDS ill/.;; Under Mlnnesot. Stl'futtti. Stctb'a 282.01. Subdlvft.lon t. In the Minor 0' tn. AppficatJon or City of A,,<Iov~r . Go,ernmtnlal Subdlvlllon. for I Conv.ytl"lC''' vi C:utaln LiInd,. qrrr;, 01. 75145 ~-- Ind .r18g8t.: Com., ""w _ C,! ty of Andovor ) - -I~em. at .ubdJ""I~' 1. n.ahppllcontl..(ol ...., GovCrntlll;>ntal Sl,hdivision 2. Ttlol(b) . -- --.. 3, Th" II..,. is ,Ituated In th. County of Anokil ,...UlnUll"o,fcitod lmer dl!K;rlbflf., fQlIows: (c) .,/ . . - .~~, ~.~ ".,il" \' \ :. \ _ , ---.Th:lt I'llrr. Qf lh~ NWJ~ ,of the NI::l:; Of,SllCl:lon 12. 'l'ol-intllli 32. Rani:'" 24, lyilW Nllrlh!,I.lsterlv of t~E! N.)r.the89terly ,ri~ht. of wayhna of 'Butternnt Str"",t .(North.,rly Ctxt.('I'~ton" of said st"".;I; 1'1<11 be known an Flinl:wood SI',r""U ~llhiQct to P,1l,!l?lllent's, of r.~cor(L ,.,'i " 4. Thn..rdlan<!uro(d) TIlXT,~-o.,.t""t.' '" , -. (, ' 'j', '-", .~- ...- ',: __.". _, .jl.;,; I i\,.q' 5. That appl;~nl dl1lre. to obtaIn \Old I.nd for th. following purpo,ea Ind 'O&lon.: II) _. Sl~,..(~J fie 'U!JP. ::- .Sr:rnot!-:: Wht,tfofe applicant Dr.VS tI.a' uld liJnd. b. conWlV~ to It 'or the u,. c.t:1t4Id h....ln. ..Y~" BY~_ .\ I~.~'OJ'{ '. and ./___> ./P I" Clerk STAn; OF MINNESOTA 'I I u. , theroln .. trus, @" SHII11FYA,CI~ ... Nc.;u.rw rll~ut:: -l.'.I'" .Inot"" ~~ t.~~ AN0KA CO\iiHY -,' ~ ~ ..,r~Ill~[Jp""'Ot:f, 12', 1191 ^^ Ken I~.:..y' ,z,' 1C), 0_ ~ SubscrIbed on<! lWorn to b.rort ...1I11t .t, d.yof ~~. ~'-I.lAI _ ,1t:%.L.- ./6 . /. ~.I.' "r - CI ___~...........J Notc:I~. Public. -L_...:-' .~~....; ., CoUntY4 Minn. MY COmml..kfn Explres '0 -" .R-' q,?}., (a) Stell 'acts retlt:'" 10 18~1 urgllllz.t1Ofi. 'i .',., '., Ibt Stat. t.cu IhlMlno luthcrlJtitlon or KqIlTsl"on or '~d hlt.in,hI, detcrlbtd. by No1utfon of OOW'ulno body or by VOtlWt... tN --.,...Y' r.,uJraf "~I"g COp'.. at ...~I~lICll'~. II ....'f. f4 $ttow l~aINI of Go....mfNnt.1 Subdi'JIlion 'n WlI~ 1...d 11 dtu.tMl. Cd) D.W!rtt.,. ""ur. oll.nd,_ ",. l:Iof fUrf'."'ttdJ,.. ""D,,-rt)' 1ln4 '"'~t ~h"n. It! Cll,...."_C..,.'h. _1f1'"Ml."'._ ol,udllondo, Post-lt" Fax Note 71371 Dalo Fox # TEL: Rpr 15.97 14:47 No.009 P.02 ,- RESOLUTION qF COUNTY BOARO UPON APPL'CA TION WHEHAS ,the Counly Boord of Anoka allf9i1t1c:Hl1 of the 'Ppll\;iJllon 0'__ City of Anduver fOl the <(lnyoyonce of tort.in lands th.rein dewlbtd; now., ' Thorelore; be It """,. by th, County Board of ...by .p t... Nld~<ttlOn ...d County. Minn""~. has lxamrneilnlo tho daled !la r." J 2 '. 19..iL. County, M1nIll:1011. gronled. GTATEOF MINNESOTA J I ss.' -I COUNTY OF_ , A"""" EdWArd M. .Tr,,"h " ,_ , County Auditor .nd a.rk 01 tho CounlV Board of Anok" , ,,__Co'-"ty. MlnrlftOl.. ""..by tertify thlt I "we eomp818d Ill. fo..""in~ copy Df resolutlQt'l of the County &~cf of said countv \NIth 1h. oriolnal "l"'Otd thor_af In \f.. minute, of ..... prooe.dj~ of ""'d board 01 · IllCOIWlD dulV held ' foillTCh 12 . . 19 ___~,L. .nd Ih.t the same Ira tru"nd co"".et I;O(ly of gid original t.eord end of the whole; th.nof4 .l1d thol .utd resolution was duly IdoptC1i by $.lid bOa,d at sild m..linD. I furth... ""rtlly 11i,'llllo .pplloallon r.f'rm! to In said rMUlion Is !\erel. attached. Wtln...myh.n~lnd''''lh;,-1i!!L-doyo' '1eTch ' . _.19 ~91.", rtln)ttu/ )n.,~_~ Counl'( ""~II.r and Clerk I Ill< Counl'( Board. I. ~ ,', '. Anoka County I Minnnou. ..:::"{ " OFFICE OF THE COMMISSIONER OF REVENUE St. PB"I, Mllln..-N'R 1 ~ IS91.. 19___ d'; , ..;, TEL: Apr 15,97 14:47 No.009 P.03 SO FOI'm 006 CRlty. 9!7~) RV.0'2672.01 MOOG STATe OF MINNESOTA OEPARTMENT OF REVENUE I CONVEY ANCE OF FORFEITED LANDS (lss\l~d pursuant to Minllesota Slatute,s, Section 282,01, Subdi.i~iim I) . .... TRtS INDENTun~. mati. this 191h doy of ^prO. 1991, betwccn the Slato of Minnesota. as pmty of Ihe first part, and TIle City or Mduver. a Governmental $ubdIVISIOlI. as jlarty IIf tho .lKcond parl, Wll:Nr...s5ETH: t :. WlIERI':AS. the: land herelnancr deS<:r1bcd was duly foifelled to lIle SLIILe of Mlrmcsota to be held in trust In favor olthe laYIng rll~lricta for the "onperMenl ot t""c" ,md. i WHRlU!:AS, purs"ant 10 Mlnne30la Stnh.te. 3eetton 262.01. :;ubdlvl~lon la, Ihe p:lrly (Jf the secund part has l.pplied tll the COnlmI:J510ner of Revenue tor the ConveyanCe of lancb hercmtl/le.' c1e",:r1bed 10 be: used by II I.'XchlSlvrIy for stIeele, and, WHEI{~;AS, unl~ss nOl re'jll1rcd under Minnesota Statutes Section 282.01, Sublllvlslon Ib(h), the DOHn! ol COunly COnJrIll:islnncrs of the CounL)' of Anol<a. Slnle of Mlrmcs<>ln, I"" recoJllJllendcd to lhe Comml$.~lll"er OrrtevCnlle by resolution adopled on Ihe 12th day of March. 1991.lha( gtlC':h N'Jllvey~nce be lI1~de. ,".. . NOW', TRERIi:I'ORE, lhe Stole c.f Mlnne.ot.., pu~uanllO Sala law$lInd In con~fdcrallon of Ihe premises. du(,'S hereby gl'l\nt or convey unto the p;{r1y of the second Jl"rl. all th.. lrads 0,' POI'<OJ" of 'nnd lying !Iud being In me County of Moka. State of Mlnnesula, desCrllocd as follows, lo-wlt: , 1'119t 1"1Ir1 of lIle Northwest Qnarter of Ihe North.,.t Quarter [NW 1/4 of Nf; 1/41 of Sc:<lI<>n Twelve (121, Township Thlrty.two (32). Range Twenty-ront (24). lyIng NorlhellstcrJy of the North'"~l..rly right of W"Y 11n. of nuUcrnut Streel (Northerly exten.l<m of salll ~treet may be knowll a~ FlInlwood Streell, subject 10 easem'"l,; of record, TO HAVE AND TO HOLD THE SAME, together with all the her.dUnmonl. ""d applutelwnccs 1I1tfeunlo belon~lng or In anywIse appertainIng, to lhe SIlld party of lhe second part 50 long as I( .hal1 conllnue 10 IISC sakI land fOf Ihe purpo.. aforCS<lJd. "",I up<>n coudlllon Ihallf 'jueh use shall ceaSe said land shall revert to the party of tlte Rrst parI liS pro.hkrl by law, IN TESTIMONY WlmRF,Or. II.c 51nle of MInnesota. plirly ot 1I1I: flrsl parI. hll'j caLlse<1 this dr.t'd to be <'-<r.ellted hlll~ name Inlhe City or St. Palll, Rams<:y Counly. Minnesota. Ih" dny n.nd yea. C'irH( abo\lc wrtUen. In pre..,nce Of: (,' ~ ' (' :\ .: -. " "......~..' J'~" .:or"/\ rl'7\. ~ vV .,,, ',~ " J., - J I ! ,,\ II l cJ:~/l (',ili}...-., (J iJ STATE 01" MINNESOTA DOROTny A. MCCl.~ cO~)f~~;:'o~~ Ie () [}y: X ""~Y .u~ STATE OF' MINNESOTA ) )5..,. County ofnamsey ) On llll$ t9th day of April_ 1991. b.fllre mo p.'~Q'~llIy appeared MlCH&l. P. WANDM^CHER, tile duly arroltllcd r.pr"."lRtlvo ot Ihe Commls:lloner of Revenue or the Stale of Minnesota, to me known to be the perSOn who .""<,,Ied the: f<>regolng co"veyance: In Dell"lf or lhe SI,,1e of MlnnC'30ta. and H<;knowledgcd thaI It. exceuted Ihe same as the rrec ael anti tlced of s''lld stale pllrslIanl 10 the .lah,lc~ III .u.;1t ease nll1<1e aod provldt"j, ( , . ~-' ,"";') L !.-< <r,,~_ Dot, U ~e ---r--" . . 0% if DIANE L. ROGGE NCIr.wr ~'llUC- _SOT" WASHINGToN COUNTY ~--~201," Thi, tMtrume'll WI' O'OIht,1 by The [~nm,'"i...;ul'MI~...1 j.:IoIy."..uw St... (I' MiAntlil')l8 Cer'o:'ul.nlllll u' nevenu. ~I. raUl, MlIl'\("UI>l !is'''$ ,,' r,' '. ',' tll ,< e.!l;>-I ~ t;fo..ll:;1 ..- " (. mi:' no It..... ftI.. ..~ ;'I-D e- ~.~ o c:. '-c:s-< ==-,< 0 - ~ ~...~ ~i!~ J:a- IPI=; \"~l li i ;.~.. is. g'- .." , '" a ~~, ~ )l:'"..... ~ G- o I ~~. ~tl .. ;!: <;oil : .: . Ii p. " '" " ..? .', TEL: Apr 15.97 14:47 No.OO9 P.04 n (I> 0 g >! ::l e ~ ..;I 5.(J) t'l (') '" ... I~~~ e. 0 fil :;t '" "'~ '~ 15 III t;l !~5'> ~ e" ....j ~ ~ ~ '" -" , i!; "1\ U> - trl ~ ~ ..;13: ::; . Q- "'Vl :z "'- ~ ~.. t:::1 :Xl ,.. < - 0 ~ !I: =- ~~-''''' 0 g J. trl Ul f.I t:I :;t -Vl t3 l'i . " a !? 0' In : .j. ~ '1'1 ',' :>0 '2: -l:.. ~ g ~ &~ n ~ :t& ~ 5';; -" j::g _,10 H 0:_ ~~ ~;; !!l-!!. 0'" E.d """ .. a'~ ".:c ~~ ~. ~a~~1 ~~n:t.~ ~ t1~!:!.~ no-c ...... 9. I" " 0 ~~ ~ ~i ~ l-' " ,I ,,' .'~' " , 1 :. " j... .' ,!:.: , , ~ ! ,'. '., " .\ ',\' ..,.... .1" ..... "'-,J ':,',' ~. ~ . .,........ '0' ,-"II . .......;. '. ..~. .-.. ,. " ., ,"" ~ . 24 ;"",.. -.. "'-. -_.-_..-_../" (tV , ,-' "....... w' -..... --_.' '~ (;1) ~ , , , , , I , , , , , , , " ~ .... t t ,', J): J) :) ( IJ< (JOO 1 1$3.00 , , . , . , : 'I . :' ~l~ " *'~(9'l .: ~~ I , /~ / . , . . , (4) . . . , , , , . , . ~ ~ - - - - -.. '. . . '. ; \ , : " ,. , , ;,.... , . , , . .' . . , , , , /....... ' . \.../" , . . , '. \ . ,.. .' ..----.- -- -- - - - .. " ---' -.::L THIS IS A CO THEY APPEA OFFICES AFF THIS ORA Wit REFERENCE ' TY IS NOT ACCURAC J...' c., I 2 PONDS @ 2 3 ,;tI"J';"-/1./J1H" /d.9?:1.? .....i!MJ4. . Qo) 1 I ~ (14) ~ \'" ~ .' '. : . , . . (8) I OJ -e;: -t -;I. 1'11" :tJ Z C -t ~\ <:> -'" ol'" ;i (f) -t :tJ rn rn -t \ , " ..,;' . , , / , ,') .~ ~ ~ .... .' ~ ..... ., r/.f) ~/5JJc. //7) :J'1oAc. Q3) (5) A<A ,-..- 1"5"'"' '/"""ff~.e .-.... . " . -5"5't"''' 5. .....Jfl , " .... CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 15. 1997 AGENDA SECTION ORIGINATING DEPARTMENT Finance ~~ Jean D. M~ann Non-Discussion lITEM NO. Award Sale -1997 G.O. Special Assessment Bond REOUEST: The Andover City Council is requested to award the sale of the 1997 G.O. Special Assessment Bond. FBS Investment Services is the low bidder. Listed below are the effective interest rates of all bidders. Attached to this summary are the actual results. City staff is requesting Council to award the Bond Sale to FBS Investment Services. FBS Investment Services Piper Jafrey, Inc. Paine Webber Inc. Smith Barney, Inc. Griffm, Kurik, Stephens & Thompson John G. Kinnard & Co. Dain Bosworth Inc. 4.8707% 4.8938 4.9120 4.9245 4.9338 4.9505 5.0185 The interest rate the City of Andover received on today's bond sale is exceptional. Attached are the results of other Metro Community bond sales in the past week. Also attached to this summary, is a copy of the press release related to the City's A rating by Standard & Poors, Inc.. ~ ~~ Vf '~~.U~~ , UlJl\n.. a mvvul~/,^, o",u ;lI' \Jf ti M JURAN & MOODY A d1vIsloaJICMUk:I'. Jolmsm& KucllD, lDc. 1100 Mlrmcsota World Trade Cent... 30 Eat SevaIlh Strecl SCat Paul. MinlIesota ~~ I 0 1-490 I (612)224-1500 . (800) 9S0..t666 1'_ (612) 22+5124 T .ulUL\TDl OFJlII)!; crrv OF ANDOVBR,1wIINNESC7r A S3.120,ooo GENERAL MUCAnoNJUPR.OVllMENJ'JI()Nm UP 1W7. mRIB A AWARD: JollS INYESnU!NT :Sf!KVJC~. INC. DATI! OIl SAlJ!~ TUESDAY. APRIL l~. 1997 STANDARD" POOl'S !AnNO: A BlDDER I'BS lNVI!S1NENT SERVJCtiS, IN<::: .. HORWIlSTINY~R1IIT !;IIRVlCi!l) JT. JdGIl 1NI'ERFSTIA'IB 4.2Of. - 1998 L~_I!l9!I 4.~ - 2llOO 4.'X*-:lII01 . ...m.2002 PllRaJASlll'lUCl: ".GP2~ 4.625"" - 199W ~Ilnuas: S3,Cl9O~.:lO 4.6Ot. - 1998199 4.10<<0 . 2lXXWZ l'tJRCJIASB PKICB: S3.I02,2QS3S 4.2SK - 1991 4./iOO'I. _ 1!199 4.625" - 21XXl 4.~.~1 4.7K .2IXlZ P\Jl\ClIASIl FmCllo $3.088,902.70 4.60'10 - 1991l U~. 1999 4.m - 2lXXWZ PURClJASI! PKJa:: SJ,JUl,3Jo.a:l 4,6Q'I, . 1991l 4.1~ . 1999 H/~ _ 2IUI 4.9S.. . :lOOJ ~.OO'I. . :um PlJRCJlASIl PRICIl: S3.116,2S6.110 4.!ll'Io -1m 4.6Q'I, - 1999 4.7_ . ZIlllO 4.7S'ro . ZOOI 4.1"" . Z~ I'IJRCHASF. PRICF., S3,09S.040.00 4.~'f>. mllm 4.700110 . 2000 4.1laI'Io . 7001 4.900110 . 2002 PUROIASJ! PRICIl: S3,092,316,5O NBT~am (KATE) S!17,07A.17 (U7ll1S) PIPER lAFFRAYlNC. SS40,526.95 (4.8938") ROBF.RTW. IlATRD.t CO.. INC. $542.537.98 (4.Il~) P AJNl! WI!BBI!R INCOIU>OIlA'lBD DIUN WJnmlIUlYNOLDS, INC. OPPIM1IllMER &. tu.,1Ne SS42,!65.01 (4.9123110) SMitH BARNEY INC Uonin a Cd IRe. ~'43,YI 1.ll:7 (4.924S") GRm:tN. 1CUllTlC, STF.PItl\NS" 1'HOMPSON,INC. $544,946.71 (4,O~:1l'lo) 1011N O. KlNNARD A CO. $S46,790.Rj (4.9'M") UN /I t1u:iWUKTH INl.'tJKl'tJM') IiIJ SSS4,296.00 (S,018S1Io) Samt l'JuI, MN . MInneapolis. MN . Saint louis Pm. MN - Ho~ rx . C1C1lWlkr Fl. 11 "'\.011 u. '.&..L.UUl'll'" . "UN\I' IX mvvul~'uu Oil"',) ;/1= lif ti MINNESOTA MUNICIPAL BOND SALES APRIL 1997 ~ MATURITY MUNIClPALn'Y AMOUNT TYPE RATING NIe 4- 7 IS Bloomington $ 1,505,000 G.O. Taxable AAl 7.50 4. 7 12 St. Louis Park 7,000,000 G.O. Bonds Ml 5.08 4- 7 15 ISD 148, SancU 11,025,000 G.O. Bonds AA1 5.46 4- 7 20 Glencoe 1.700.000 G.O. Improvement, Set. 1997 AM 5.59 4- 7 16 Edina 5,090,000 G.O, Bonds Ml 5.33 4- 1 20 Buffalo 6,965,000 0.0. Wastewaler MA 5.64 AMBAC 4- 8 21 ISD 423, HutclJinson 3,01:5,000 0.0. School Building AiLl 5..56 4- 14 22 In~ Grove Heights 970,000 G.O, Taxable, Series A A2 8.00 4- 14 22 Inver Grove Heights 2,.550,000 G.O. Taxable, Series B Aaa 7.96 4- 15 15 County of Polk 1.390.000 G.O. Bonds A2 5.47 4- IS S Andover 3,120,000 G.O. Improvement A 4.87 (S&P) JURAN Be MOODY, . di"i$Wn of :IGUZI\, rotv.3OIC 41: ,.l.l:Hl'I.INC'OIIrQI<J\TeI) ~ ~u ~, 'llwUU~~ , , ~u~ & mVVUI~{~~ U~2~ -"_...c.: c ,. .c.ac. ;# 6/ 6 \ "' ~: rZ~ ~;c; iAZlL.!Nr: kdover. Mfol c:Q ;mj'ro~t B=d~ '97.1 Rtd -A' by S..;: NY -- Sca::da:d _ ilaor'$ Cr~djtNir:" f/:.oln -- ~tud4r~ " 2Qo::'s l:0~ b4.s ssigned i C3 ~i.l:lgll!!- -.:1' ratil1g' ::0 .~dover, Mirm.' s G.O. .illl.!'r~vemen: bonds ser!.1n u;,n., wni:1: C8 fI"pect:ed co sall April 15, 1997. At tae SUI. c.!.m~, SCMJdard. Poor''':z.u a.-!t:1r.:ted i.cS'.$illal9--A' .rat:!l:q on tl:e - - ~~y'. t:ax-e.xeillpc Ii.Q. bgnds .od e~J.c :~ !Dc:remene G.O. ~<b ~flr;l.es ~'~e. The sir:5"~.~ '.'I.' raei.zJ~ ::.~J..cl:.. JladQvv.r' ~ p.redc."l:sa:cly .z'Q~:iciNzt::ial J'Z'CI;e7ty IX boiS'''. ....i th acr::eslI to ~lo}l!l:eI2c in the Milmea,poH.-sc. Paul MSA. .cund ~i::MJcll11 U14ge"llen~, cd a high deb: burdec, wft.tcb. !s rz:~nt by rapid pri.::c~~l. ~rt'izac1on. The c.i.t:y i~ par!: of t:.!z~ g'rwi:1g .ru.."'burb<<n L~lt lIortll o~ M:i.aneapol.i... .rt. :pulatic:::z h4s increased .::early 60t to 2+,200 6i.:JCtl 1990. I'be rap1d r=sidl!Dcial lV91apmenc bas liSd co SCe4~ cax !Jase VroNO. r.!:e ear;.i.'lIat;eC: !:4rJcec v4Za= ~or ~i.scal IS7 i.:s $$32 :rtil1.iQU, re:~lec:::ia:i "'- lI't;ro::i' aon;:&! 4ver"'-':fl!t 1:zcr..,. .~~ ~61- s.Lac;e J.~'C. >Q:J:~ .J~. o! the o:;et t:ax ~.ap.c.ity :i. .r..i.dei2d.al, and CODti1l:.a~ cQ,C.a'UCe:Lca wl~l :n~!buc. eo fue-.Jr~ tax b~s. growtb. O</I!r i:he ~st decad=. lJer r:oa;iu lr.cOl!ra I.Wlls: Ive ri.un g::eadily ;0' J.,2l- of Cl'1e stata ~ rJ.S. .averages, but remain lOt-Z2-t below Ie a.".'erage tor t:.":Ie MSA. . Tbs dt:</'s fi.!Jar:d.al ll7aIla~ement; is sow:c:!. Aa:tual :;p8nt;ir:~ .i~luses have :a.o.zecz Che (;1.c7 tc;r ~t.:.C% reserve 18~Js :::urL:1g- l:l:Ie pasc t1ve ye.u:s. Gez%ercU rand >por::d! ture S"='Qwc:b b4:s been relat;i""Zr prqd~:sr::, iz:crt!l4:1:!.n9' I.6t cu:IO\oICll.Iy durlll.1i1 :s:cills: 1;'2-1995 t:c ~3.1 n.il!.iCl:2. A ccctr:ace with Mok. CQlLC~ pl:'~;)Vi.d.. poH,CQ r.rv::ee, .uzd has er:abled tb.e ait]l co keel' police ,d8p4rtll1~C osts ver"r lOW' &S rm::e req-.lir!!lllec~s 113V~ gr~wn. J~evenue g~~ darj:;g tbe .r.t:J:<<t period was strong, ,t;h S'e.~eral ~~"Id rev~n;z..., :.r:c~e.!sing by 14.431' to $3.6 mi.lli.:m in fiscal 1995. The !nerd fund bal.u:cco! i~cru.l!!ld by $711, 000 d:.rr!ll~ fi.c:al 1.995 t:) $1." million, or is :ro:1= S,H 0: an.m:a~ g.e:J.e:a.J. .rued expenUi:ures, a~ !Jete. ,H, :'1'5. c:nau~::e~ resalts .r ~i8cal 1:!:J5 I:;rc:.::=cs'e:~ 4 $1.3D, oeo o~r..c~ .wyq11\l07, wi Q =:pencU~un:B t;Qi;41~9" <1~ "llion. Adcii.e:iona.IZy, ....ith a .c.tlanae tb.;t gX::/g"d"d ZlrIiU;L,..d ':.v.l", the ci;y '_:Jsf~rr~d 5531, 000 ~o 4n equlPJle."Jt ;urcn!lse fund to be <!X;1-.!1!ded dcri~g IU7. li.!ac:ing el2.e e~ity transfer,' d:r~ Dilc. 3J., ;'9J6 g~~~!l tt:J:::! balance is 8se1mar:ed : SJ..1 :nilliol'l, or J3t of ~~s. Fiscal 1997 is bucfgel:t!d at $~.6 million, viti: I use o~ heg'i~i.r:g .oalill!ces to supple.'1I~J:c rev~e$. Overall aEl: debt: is lU!F1 at , il]3 ~ cap.1ca and !i. Z' o~ JMzjCeC: value. HQwever, a rap~d al:lOrtizat.1oc sc.aedule, r::h aot ot oue..~....~9' princif>4l lD<<:ud.::li' QVllr ~o yea...-:r, sha<<ltJ enal;1e ClIff ::J.t;y co ineOllin #'i:abl. c!-bc ra::i.c:#. O~ ~. t;:.!ey'. ~3:' m:!llicz: ot! d.i..:ec:c debc, ~1 mill.ioz: :!tl ppol:ced solely by pr::l~er~y coaxes. ",it~ ::be rar!la.indar SU;1d b:o:l!. spacial aJ;'$gg~t:.: t;;:sX ~:1C':eme!:t. Tf1e ci ~y C'.lrrancly has over $8 million casiJ r~sar:ved for debt rr.i~~, largely ~r~~ ~:~;ald a~seSBmenes. ~~tu-~ tax-supported c~pita! :eeds are :rt.:.C.d, ag tho!! e.:.;:y ~J(pec:!:.!1 t:o &C'~~dlil:e tuture i:.p::'OlTeme==. !rr;r:t s:p.cia.l ses=euc boacls and r=Ci:J cap;!t;al pr'~:1ecr;s run~s. au::.co;c. S:abl,,_ :Oh. C:Jt:!ook reE!..!!!:=:e3 en,g .up<lla=at:io/l of cc!:e!lI:JlIa t:L'E: ba.$'l;> gro.....,h .:me lnt~::.!::c:e of :.r~ scr..:..-:d t:..na.z:.c1.a!. pas':' =!~, SCL~:a:= " Poo:' S Sdi.~~ - - C=ed.i e.rl!:s \ ntac:: X~'l!n D. ~aylc:, y~w ?ork i!l 2lZ-2~S.l5J.O. ~~ce: y'. i!!'lrpr..y. N-a';l/ 'to:/<:. (l.) ZZ2.20e-l!~5. I I I :OTt1l.. P.02 ...J <(~ 9:C1 0% Z- ~~ ...1>- <(::2 %:0 00 -:z t-O ~1l1 UUI\.ro1 u m\IVUI~/vrJ O.:JL\J ......,.:... r" V ltl:" ,~::' ';":.:~:~:~. " .:~~::~.~:.. ;Jj: 5/ 6 -. <l.U u. '1.J,-U.l.l'I.L'J , ~u~ & mVVUI~'~~ ~~~~ PRO~SAL FORM DAl'ED: APRIL 1.5, 1997 HONORABLE ClT'{ COUNCIL CITY OF MJOOVER ANDOVER. MINNESOTA fOR AU., OFTHE $3,1:10.000 ~ OBLIGATIO."" IM::'ROVI!MENt'BON!)S OF 1997. SERIES A, OF YOUR CITY' AS DESauBBn IN nm OmCL\L TERMS OF ROND SALE. WEWlLLPAYYOU . DOLLARS ($ 3, cY93 ,8Z8. 05 ) <NOT LESS tHAN $3,088,800) PLUS ACCRUED LN1ER.EST PROM lEE DATE Of' SAIDlIOM>S TO'IHEDATE OP DEUVERY. SAID BONDS SHALL BEAR INTEREST PAYABLE DECEMBER 1. 1997. A.L'ID SEMIANNUAU. Y EACH JUNE 1 AND DECEMBERl 'IEEREAFTERAS FOUDWS: 4.20 %-1998 4.50 ')(,-1999 4.60 ~-%OOO 4.70 ,,-2OOt 4.80 ~-2002 DESIGNATION or SERIAL AND TERM MATUR11'IJi'S LAST YEAR OF SERIALMATtiRIllES YEAR: OF'IERMMATIJ1U"l1ES PRINCIPAL wn.t BE PAYABLE AT FIRST TR.usr NATIONAL ASSOCIATION, S7. PAm... MINNESOTA. CUSIP NUMBERS WllL BE lSSUED AT 'I'HE cosr Qli nm SUCCESSFUL UNDa'WRIT.ER. THIS PROPOSAL IS FOR PROMPT Acx::EPl:A."lCE k'ID SUBJECr TO ALL TERMS IN THE TERMS OF PROPOSALS. WE ARE TO BE FURNISHEJ) THE APPROVING LEGAL OPINION OF BOND COUNSEL, TOOETHER. WIIH THE D~T OF THE PRINIED AND EXECtJTEO BONDS, wrmIN 40 DAYS AFI'ER A W AR'D OR AT OUR OPItON THEREAFTER.. DELIVER Y WILL BE: MADE AT (SPECIAL INSTRUcrrONs-sES OVER). ACCOUNT ME}.iB~: No~e~t IUTestment Servicee J'BS !nvestlll.ue Services. Ine. ACCOONl'MANAGER. AC~ U:::.Ll FOR THE ADDRESSEE !HIS BY: BY: ATtEST: MAYOR CITY Cl..ERK. ----.---.---.............-..----.--.....---------------------..-.-~ Vy'1; COMPtlTE OUR TOTAL NET lN1'EREST COST TO BE$S37 .974.67 FORA NETINTERESTiUTEOF 4.8797 ljf., THESECOMPUl'ATIONSARENO'r APART OF THlS OFFER. IT IS NOT NECESSAItY TO U~!! THIS FOR.'i; HOlY~. hNY PRQPOSAL MUST COMPLY VIITH THE tERMS STATED IN THIS OFPICIAL TERMS OFBOND SALE. PI' ,=AS'; SURMfT n.ns PRDPOSAI IN DUPUCArE -31)- . :# 2/ 6 '. - , , Standard.& Poor's Rating: '. !l . Preliminary Official Statement (Dated April 1, 1997) - '1 City of Andover, Minnesota (Anoka County) - $3,120,000 General Obligation Improvement Bonds of 1997, Series A Interest Payable: 12-1-97 and semiannau1lythereafter Call Option: 12-1-99@IOO - - REGISTRA T10NIBOOK ENTRY: This offering will be issued as fully registered Bonds and, when issued, will be registered in the nameofCcde & Co., as nominee of The Depositmy TrustCompany, New Yark, New York. to which prinicpal and interest payments on theBonds will bemade. Individual purchases will bemade in book-entry form only, in theprincipal amountofS5,OOOor any wholemuli1ple tha'eof. Purchasers of Bonds will not receive physical delivery of bond certificates. Please see "Book -Entry Only System" herein for additional information. - . - ~ DATE, TIME and PLACE of OPENING Tuesday, April 15, 1997 11:00 A.M., C.T. Juran & Moody - - DATE, TIME and fLACEofAW~RD Tuesday, April 15, 1997 7:00 P.M., C.T. City Hall 1685 Crosstown Boulevard NW Andover, Minnesota 55304 In !be opinion of Brisgs and Morpn, Professional Associatico, Bond Counsel. based 01\ present fedeml and MimIesoIa laws, regulations. rulings IIld decisioos. at !be time of !heir iiSUllllCe IUd deIiveIy 10 tbe original ~r, illllest on the bonds is excluded horn gross income for pwposes of United Stales income ~ IIld is exc1ucIed, to dte same euent, in compotiag boIb gross and Wtable nel income forpwposes of State of Mimesota income ~ (other !ban Minnesota franchise taXes measmed by income and imposed on COlpODltions and fmancial institutions). In_ on the bonds is not an item of tax pefermce for pmposes of !be aItemaIive minimum tax imposed em individuals and coJPOrations; however, intelat 011 the bonds is taken into account for the putpOIe of determining adjusted =- earnings for puposes of computina !be federal alternative minimum IaJ. imposed 01\ coJPOrations. No opinion will be _sed by Bond CoImJeIIepldiDg other state or federal tax consequences caused by the receipt or a",maI of i_ on the bonds or arising with tespect to ownership of the bonds. See "Tax &emption and Odter Tax Considerations" herein. - . . \ . ~ JURAN & MOODY, a division of MILLER, JOHNSON & KUEHN, INCORPORATED . ~ 1100 World Trade Center, 30 East Seventh Street, St Paul, Minnesota 55101 (612)224-1500 P'4 . C- J ~1 u TABLE OF CONTENTS .., LJ ..., Summary of Offering................................................................................. LJ Principal City /EDA Officials........................... .............................................. 3 .., LJ Issuer's Certificate..................................................................................... Page 2 4 u ., Terms of Proposals .................................................................................... 5 - 10 ..., Authority and Security for the Bonds................................................................ Purpose................................................................................................. . u 11 11 , ; '--' Estimated Source and Application of Funds..................................................... Statutory Debt Limit.................................................................................. 12 ..., " u Future Financing ....................................... . . . . .. . . . . .. .. .. . . . .. . . . . .. . .. . . .. . . . . . . .. . . .. . . .., Bond Rating............................................................................................ Litigation .................. .. . . .. . . . .. .. .. . . .. . . . .. .. .. .. .. . . . .. .. .. .. .. . . . .. . .. . . . . . . . .. . . . . . . .. .. .. . . .. LJ 13 14 14 14 Certification.. .. .. .. . . . . . . . . . . .. . .. .. . .. .. .. . . . . . . .. . . .. . .. .. .. . .. . . . . . . . . . .. . .. . . . .. . . . . . . . . . .. .. . . .. . . . 14 ., u Legality..... .'......... ................................................................................... ...., Continuing Disclosure......................... ........................................................ u Book-Entry Only System............................................................................ .., Tax Exemption and Other Tax Considerations.................................................. 17 - 18 LJ 14 15 16 " The City of Andover (General Information) ........................................................ 19 - 23 Minnesota Valuations, Tax Credits and Levy Limitations............................. ............ 24 - 26 u .. The City of Andover (Economic and Financial Information) ............................,..........27 - 35 36 u Summary of Debt and Debt Statistics. .. . .. . . .. . .. . .. .. . . . . .. . . . . . . . . . . .. . .. . . .. .. .. . .. . . . . .. . . . . .. . . .. Worksheet.............................................................................................. . u Proposal Form. .. . .. . .. .. . .. .. .. . .. .. .. .. . .. . . . . . . . .. .. . .. .. .. .. .. . . . .. .. .. .. . . . . . . . . . .. . .. .. .. .. . . . .. . . Appendix A - Proposed Form of Legal Opinion Appendix B - Form of Continuing Disclosure Undertaking ...., u .. LJ Appendix C - City's Financial Report '1 U r-, LJ 37 39 SUMMARY OF OFFERING $3,120,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, SERIES A (Book-Entry Only) AMOUNT - $3,120,000. ISSUER - City of Andover. Minnesota SALE DATE - Tuesday. April 15, 1997, OPENING - 11:00 A,M, Central Time, at Juran & Moody, 1100 Minnesota World Trade Center. 30 East Seventh Street, St. Paul, Minnesota 55101-4901. A WARD - 7:00 P.M., Central Time. at the Andover City Hall, 1685 Crosstown Boulevard NW. Andover, Minnesota 55304. TYPE OF ISSUE - General Obligation Improvement Bonds of 1997. Series A. (See Authority and Security for the Bonds and Estimated Source and Application of Funds for further details.) SECURITY & PURPOSE - These Bonds are being issued pursuant to Minnesota Statutes. Chapters 429 and 475, The Bonds are payable pri- marily from special assessments against all benefitted property and additionally secured by ad valorem taxes on all taxable property within the City and without limitation of amount. In addition. the proceeds of the $3.120,000 General Obligation Improvement Bonds of 1997, Series A. dated May 1. 1997, will be used to provide funds for the financing of assessable improvements within the City. including but not limited to streets, sanitary sewer. water main. storm sewer, sidewalks and curb & gutter. DATEOFISSUE- May 1. 1997. INTERESTPAYABLEDATES- December 1. 1997. and semiannually thereafter on June 1 and December Ito registered owners of the Bonds appearing of record in the bond register as of the close of business on the fifteenth (15th) day (wbether or not a business day) of the inunediately preceding month, MATURITIES - 12/01/98 $650.000 12/01/99 $650.000 $610,000 12/01/00 12/01/01 $605,000 12/01/02 $605.000 AVERAGE MATURITY - 3,54006 years. REDEMPTION FEATURE - At the option of the Issuer. Bonds maturing after December I, 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. 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 partic- ipant 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 of 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, BOOK-ENTRY SYSTEM - The general obligation bonds of this offering will be issued as fully registered Bonds and. when issued. will be registered in the name of Cede & Co.. as nominee of the Depository Trust Company, New York, New York, to which principal and interest payments on the Bonds will be made, Individual purchases will be made in book- entry fOnD only. in the principal amount of $5,000 or any whole multiple thereof, Purchasers of Bonds will not receive physical delivery of Bonds. PAYING AGENT & REGISTRAR - FIrst Trust National Association, St. Paul. Minnesota METHOD OF SALE - Sealed proposals only. accompanied by a good faith check in the amount of $62,400 at a price of not less than $3,088.800 and accrued interest. (See Official Tenns of Bond Sale for full detaik) TAX DESIGNATIONS - Private Activity Bonds - These Bonds are not "private activity bonds" as defined in ~141 of the Internal Revenue Code of 1986. as amended (the Code). Oualified Tax-Exemnt Obli~ations - The Issuer will designate these Bonds "qualified tax-exempt obligations" for purposes of ~265(b)(3) of the Code, LEGAL OPINION - Briggs and Morgan. Professional Association. St. Paul and Minneapolis, Minnesota, RATING - The Ciry currently hn a general obligation bond rating of "A" from Moody's !nvestors Service. !nc, The City ID!l be applying for a rating on this issue to Standard & Poor's, ESTIMATED CLOSING DATE - May 6,1997, PRIMARY CONTAcr - Richard Fursman. City Administrator, (612) 755-5100 Jean McGann, City FInance Director (612) 755-5100, Thomas P. Truszinski, Vice President. Juran & Moody. (612) 224-1500 or (800) 950-4666. -2- n LJ ~ l J .-. LJ n LJ n l J n u n ,-I ..-, u n l j n u n LJ n u ..-, LJ n I.J n L J ~ l I n LJ n LJ n l J ,...-, LJ r'l u ...-, u ...-, u Jack E. McKelvey Bonnie Dehn -, u Mike Knight John Kunza ...-, LJ Ken Orttel -, LJ Richard Fursman -, Jean McGann u Victoria Volk .. Shirley Clinton u William G. Hawkins .-, Scott Erickson u -, u -, Jack E. McKelvey LJ Mike Knight " Bonnie Dehn LJ John Kunza ...-, U Ken Orttel .. Marcie Peach u Shirley Clinton .. LJ .-, LJ '1 u ...-, U CITY OF ANDOVER PRINCIPAL CITY/EDA OFFICIALS Elected City Officials City Council Mayor Council Member Council Member Council Member Council Member Aooointed City Officials City Administrator Finance Director City Clerk City Treasurer City Attorney City Engineer Elected Economic Deyelooment Authority Officials Board of Commissioners President Vice President Secretary Boardmember Boardmember Aooointed Economic Deyelooment Authority Officials Recording Secretary Treasurer Bond Counsel Briggs and Morgan, Professional Association St. Paul and Minneapolis, Minnesota Bond Consultant Juran & Moody St. Paul, Minnesota -3- 01/01/99 01/01/99 01/01/01 01/01/99 01/01/01 01/01/99 01/01/01 01/01/99 01/01/99 01/01/01 " ISSUER'S CERTIFICATE LJ r"I This Official Statement has been prepared in conformance with the Disclosure Guidelines for offer- ings of municipal securities as promulgated by the Government Finance Officers Association (GFOA) of the United States and Canada, insofar as possible. I J " The City of Andover has retained the firm of Juran & Moody, St. Paul, Minnesota, to serve as fi- nancial advisor with respect to the securities being offered in this Official Statement. All statements contained herein, while not guaranteed, have been compiled from sources believed to be reliable in all material respects. Financial statements of the City are audited annually by an independent firm of certified public ac- countants. Excerpts from the financial statements for the year ended December 31, 1995, along with comparative December 31, 1994 figures, are included in this Official Statement and complete financial statements are available for inspection at the Andover City Hall as well as at the St. Paul office of Juran & Moody. LJ " L1 " LJ n LJ The City of Andover has always promptly met all payments of principal and interest on its indebt- edness when due. M I J " LJ r"I I J " LJ ,-, NO FINAL OFFICIAL STA TEMENT WILL BE PREPARED. THE ISSUER WILL PROVIDE THE SUCCESSFUL UNDERWRITER WITH AN ADDENDUM THA T TOGETHER WITH THIS PRELIMINARY OFFICIAL STATEMENT WILL BE DEEMED THE FINAL OFFICIAL STATEMENT BY THE ISSUER. LJ ,-, l J " LJ ,-, L J " l J ,-, \ J " LJ M THE DATE OF THIS PRELIMINARY OFFICIAL STATEMENT IS APRIL 1, 1997. LJ -4- ,-, I J ...., LJ ...., EXHIBIT A L.J ...., OFFICIAL TERMS OF BOND SALE LJ ...., $3,120,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, SERIES A CITY OF ANDOVER ANOKA COUNTY MINNESOTA ...., u LJ ...., (Book Entry Only) L1 NOTICE IS HEREBY GIVEN that these bonds will be offered for sale ...., according to the following terms: L1 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. ...., LJ ...., LJ " LJ 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 ...., LJ ...., u ...., LJ ...., u ...., L.J ...., LJ ...., L1 ...., LJ ...., -5- u n LJ ,-, its nominee as registered owner of the bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTCj 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. L J ., LJ ,...., L1 n l J ., LJ DATE OF ORIGINAL ISSUE OF BONDS: ., May 1, 1997. LJ PURPOSE: For the purpose of providing funds to finance the construction of various improvements in the Issuer. rI LJ 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. ,--, LJ rI LJ ,--, MATURITIES: December 1 in each of the years and amounts as follows: LJ ,...., Year ]I.moun t L J 1998-1999 2000 2001-2002 $650,000 610,000 605,000 ., LJ All dates are inclusive. rI LJ 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 orice of oar and accrued interest.- Redemption may be in whole or in part of the bonds subject to prepayment.' If redemption is in part, ,--, L J ,--, , J ,...., LJ ., LJ -6- n , J ..., u .-, LJ 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. .-, u ..., ..J ..., LJ ..., u ..., u ..., u 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. ..., LJ ..., u '1 u ..., u 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. ..., LJ ..., u ..., 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 cate cf delivery must be filed with the undersigned prior to the time of sale. LJ ..., u ..., u '1 LJ ..., -7- LJ n LJ r-. Proposals must be unconditional except as to legality. A certified or cashier's check (the "Decosit") in the amount of $62,400, payabie 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: l J " L1 r-. LJ n LJ n Shirley Clinton, Treasurer Andover City Hall 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304-2612 LJ n l J 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 instr~cted 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 ccmply .,lith the accepted proposal, said amcunt will be retained by the Issuer. No proposal can be withdrawn after the time set for receiving proposals unless the meeting n LJ r-. LJ n LJ r-. LJ n LJ n l J ,-, l J ,-, l J " , J rl LJ r-. LJ -8- ,-, , J n u .--, u .--, u RATES: .--, ...J ., u '\ U .. ~ INFORMATION FROM PURCHASER: ., ...J .. LJ QUALIFIED TAX EXEMPT OBLIGATIONS: n U .. CONTINUING DIS- CLOSURE UNDERTAKING :..J ., L1 n LJ .. AWARD: ~J ..., :..J .. LJ n u .. u .. u 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 ~ravided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule lSc2-12. Award will be made solely on the basis or lowest dollar interest cost, determined by addition of any discount ~c and deduction of any premium from the total interest on all bonds from their date to their stated maturity. -9- n LJ The Issuer reserves the right to reject any and all proposals, to waive informalities and to adjourn the sale. ,-, l J Dated: March 18, 1997. ,-, BY ORDER OF THE CITY COUNCIL L J Isl Vicki Volk City Clerk ,-, LJ n Additional information may be obtained from: l J n JURAN & MOODY 1100 World Trade Center 30 East Seventh Street St. Paul, Minnesota 55101 Telephone No. : (612) 224-1500 LJ n l J n , J n LJ n LJ n LJ n l J n , J ,-, l J ,-, L J ,-, l J n LJ n ,--J -10- n l J .-, u AUTHORITY AND SECURITY FOR THE BONDS ., u $3.120,000 General OblifJation Imvrovement Bonds of 1997, Series A The $3,120,000 General Obligation Improvement Bonds of 1997, Series A, dated May 1, 1997, are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. At closing, Briggs and Morgan, Professional Association, Bond Counsel, will render an opinion that the Bonds are valid and binding general obligations of the City of Andover, Minnesota. The Bonds will be payable primarily from special assessments against all benefitted property. In addition, the full faith and credit of the City is pledged to their payment and the City has validly obligated itself to levy addi- tional ad valorem taxes in the event of any deficiency in the Debt Service Account of this issue. Furthermore, these taxes will be levied upon all of the taxable property within the City and without limitation of amount. The interest on the Bonds is not includable in the gross income of the recipi- ent for purposes of United States income tax or the State of Minnesota income tax (other than Minnesota corporate excise taxes measured by income) according to present Federal and Minnesota laws, regulations, rulings and decisions. See Appendix A - Proposed Form of Legal Opinion. .-, L1 .-, LJ .., u '-, u '1 '---1 PURPOSE '1 $3.120.000 General Oblieation Imvrovement Bonds of 1997. Series A LJ The purpose of the $3,120,000 General Obligation Improvement Bonds, Series 1997, dated May 1, 1997, is to provide funds for the financing of assessable improvements within the City, including but not limited to streets, sanitary sewer, water main, storm sewer, sidewalks and curb & gutter. '1 LJ '1 LJ '1 u '1 u '1 LJ .-, u .-, u '1 u '1 u '1 u '1 Ll -11- STATUTORY DEBT LIMIT Minnesota Statutes, ~ 475.53, states that a city may not incur or be subject to a net debt in excess of two percent (2%) of its estimated market value. Net debt is, with limited exceptions, debt paid solely from ad valorem taxes. Computation of Legal Debt Margin as of March 15, 1997, plus this issue: 1996-1997 Estimated Market Value Times 2% of Estimated Market Value $ 852,030,400 x .02 Statutory Debt Limit $ 17 ,040,608 Amount of debt applicable to debt limit: Total Bonded Debt (includes this issue) $ 30,251,000* ( 12,590,000) ( 1,855,000) ( 100,000) ( 8,305,000) ( 705,000) ( 3,705,000) ( 1.220.000) $ 1,771,000 $ 15,269,608 Less: General Obligation Improvement Bonds (includes this issue) General Obligation Refunding Improvement Bonds General Obligation State Aid Road Bonds General Obligation Tax Increment Bonds General Obligation Taxable Tax Increment Bonds General Obligation Temporary Improvement Bonds General Obligation Crossover Refunding Bonds Total debt applicable to debt limit Legal debt margin * The outstanding (i) $1,200,000 of the $3,200,000 General Obligation Improvement Bonds, Series 1989A, dated July 1, 1989, and (ii) $100,000 of the $500,000 General Obligation State Aid Road Bonds of 1988, dated August 1, 1988, have not been deducted. The above-described issues will however be deducted from the bond indebtedness ratios since these issues have been cross refunded and payable from state aid allotments, respectively. -12- n u .., , 1 .., 1-1 n L1 .. L 1 r, L J .., , 1 n LJ n , J n u n LJ n , J n LJ r-1 u n 1-1 r-1 , J n u r-1 L' r-1 \ , ...., u ..., ESTIMATED SOURCE AND APPLICATION OF FUNDS u ..., $3.120.000 General Obli?ation Improvement Bonds of 1997, Series A I. Source of Funds u General Obligation Improvement Bonds, Series 1997 ..., ..J II. Application of Funds -, Estimated Costs to be Financed: Capital Improvement Project Costs Water/Sewer Costs '-.J ..., Total Estimated Costs to be Financed '-.J ..., Add Estimated Issuance Costs: [Bond counsel, paying agentlbond registrar (one time fee), bond rating fee and financial advisory services] Underwriter's Discount (1.00% of par) u -, u Total Issuance Costs -, Subtotal u '1 Less Estimated City Contribution Par Amount of Bond Issne u ., ..J ..., o..J ..., LJ ..., u ., u .. '-J .. U ., LJ .. -13- u $2,195,000 874.000 $ 23,500 31.200 $3,069,000 54.700 $3,123,700 ( 3.700) $3,120,000 $3,120,000 n. L1 FUTURE FINANCING n The City does not anticipate the need to finance any capital improvements with the issuance of gen- eral obligation bonds within the next three months. l I ,., , J n BOND RATING L' n The City currently has a general obligation bond rating of "A" from Moody's Investors Service, Inc. The City will be applying for a rating on this issue to Standard & Poor's. l J ,., L J n LITIGATION l J On March 24, 1997, the City Attorney, William G. Hawkins, has indicated that no litigation is pending or threatened that would jeopardize the creditworthiness of the City of Andover. Claims or other actions in which the City is a defendant are covered by insurance or of insignificant amounts. n LJ " LJ n CERTIFICATION l J n The City will furnish, upon request, a statement to the effect that this Official Statement to the best of their knowledge and belief, as of the date of sale and the date of delivery, is true and correct in all material respects, and does not contain any untrue statements of a material fact or omit to state a material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. LJ ,., l J n LJ r'I LEGALITY L J Legal matters incident to the authorization and issuance of the Bonds are subject to the approving opinion of Briggs and Morgan, Professional Association, Bond Counsel, as to validity and tax ex- emption. A copy of such opinion will be available at the time of the delivery of the Bonds. See Appendix A - Proposed Form of Legal Opinion. Bond Counsel has not participated in the preparation of this Official Statement and is not passing upon its accuracy, completeness or sufficiency. Bond Counsel has not examined, nor attempted to examine, or verify, any of the financial or statistical statements or data contained in this Official Statement, and will express no opinion with respect thereto. r'I L1 " , J ,., C J ,., l J -14- r-, , , n u CONTINUING DISCLOSURE .. u On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Form of Continuing Disclosure Undertaking (the "Undertaking") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information reposito- ries as specified in and required by SEC Rule 15c2-12(b)(5) (the "Rule"). The City's proposed form of the Undertaking is set forth in the attached Appendix B. It is anticipated that the resolution (the "Resolution") awarding the sale and setting the terms of the Bonds will authorize the execution and delivery of the Undertaking substantially in the attached form based upon request for changes made by the original purchaser(s) of the Bonds which are acceptable to the City and consistent with the Rule. A failure by the City to comply with the Undertaking (a "Default") would not constitute a default on the Bonds or under the Resolution (although Bondholders would have a right to compel specific performance of the Undertaking by the City). The Rule would require that the City report any such Default. In the event of Default, the Rule may make it unlawful for any broker, dealer or municipal securities dealer to recommend the purchase or sale of the Bonds in the secondary mar- ket. Consequently, such a Default might adversely affect the transferability of the Bonds and their market value. .. u -, u -, u .. LJ .. Please see Appendix B - Form of Continuing Disclosure Undertaking for further information re- garding continuing disclosure for the City of Andover, Minnesota. 'J -, u .. u '\ U .. u .. u .. u -, u -, u 'I U .. LJ '\ ~ J 'I -15 - u BOOK-ENTRY ONLY SYSTEM The Depository Trust Company (the "DTC"), New York, New York, will act as securities deposi- tory for the Bonds. Upon issuance of the Bonds, one fully registered Bond will be registered in the name of Cede & Co., as nominee for DTC, for each maturity of the Bonds as set forth on the cover page hereof, each in the aggregate principal amount of such maturity. So long as Cede & Co. is the registered owner of the Bonds, references herein to the Owners of the Bonds shall mean Cede & Co. and shall not mean the Beneficial Owners of the Bonds. DTC is a limited purpose trust company organized under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code and a "clearing agency" registered pursuant to the provisions of ~ 17 A of the Securities Exchange Act of 1934, as amended. DTC was created to hold securities of its participants (the "DTC Participants") and to facilitate the clearance and settlement of securities transactions among DTC Participants in such securities through electronic book-entry changes in accounts of the DTC Participants, thereby eliminating the need for physical movement of securities Bonds. DTC Participants include securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations, some of whom (and/or their representatives) own DTC. Access to the DTC system is also available to others such as banks, brokers, dealers, and trust companies that clear through or maintain a custodial relationship with DTC Participants, either directly or indirectly (the "Indirect Participants"). The interest of each of the Beneficial Owners of the Bonds will be recorded through the records of a DTC Participant or Indirect Participant. Each DTC Participant will receive a credit balance on the records of DTC. Individual purchases will be made in the denomination of $5,000 or any whole multiple thereof. Beneficial owners of Bonds will receive a written confirmation of their purchases providing details of the Bonds acquired. Beneficial owners of Bonds will not receive Bonds repre- senting their ownership interest in the Bonds, except as specifically provided below. Transfers of beneficial ownership interest in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC Participants who act on behalf of the Indirect Participants and the Beneficial Owners of Bonds. For every transfer and exchange of beneficial ownership of Bonds, the beneficial owner may be charged a sum sufficient to cover any tax, fee or other governmental charge that may be imposed in relation thereto. The City will make payments of principal and interest on the Bonds to DTC or its nominee, Cede & Co., as registered owner of the Bonds. Upon receipt of moneys, DTC's current practice is to immediately credit the accounts of the DTC Participants in accordance with their respective hold- ings shown on the records of DTC. Payments by DTC Participants and Indirect Participants to Beneficial Owners will be governed by standing instructions and customary practices such as those which are now the case for municipal securities held in bearer form or registered in "street name" for the accounts of customers and will be the responsibility of such DTC Participants or Indirect Participants and not the responsibility of DTC or the Issuer, subject to any statutory and regulatory requirements as may be in effect from time to time. -16 - n L/ rl , J n L/ n L J ,.., , / " L' ,.., , 1 ,.., LJ rl L 1 " LI n LJ ,.., L' ,.., LJ ,.., , J ,--, L1 ,.., , J n LJ ,-, L . ,--, , . " u TAX EXEMPTION AND OTHER TAX CONSIDERATIONS ~ LJ Tax ExemDtion L1 At closing Briggs and Morgan, Professional Association, Bond Counsel, will render an opinion that, at the time of their issuance and delivery to the original purchaser, under present federal and State of Minnesota laws, regulations, rulings and decisions (which excludes any pending legisla- tion which may have a retroactive effect), the interest on each Bond is excluded from gross income for purposes of United States income tax and is excluded, to the same extent, in computing both gross income and taxable net income for purposes of State of Minnesota income tax (other than Minnesota franchise taxes measured by income and imposed on corporations and financial institu- tions), and that interest on the Bonds is not an item of tax preference for purposes of computing the federal alternative minimum tax imposed on individuals and corporations or the Minnesota alterna- tive minimum tax applicable to individuals, estates or trusts; provided that interest on the Bonds is subject to federal income taxation to the extent it is included as part of adjusted current earnings for purposes of computing the alternative minimum tax imposed on certain corporations. No opinion will be expressed by Bond Counsel regarding other federal or state tax consequences caused by the receipt or accrual of interest on the Bonds or arising with respect to ownership of the Bonds. Preservation of the exclusion of interest on the Bonds from federal gross income and state gross and taxable net income, however, depends upon compliance by the Issuer with all requirements of the Internal Revenue Code of 1986, as amended, (The "Code") that must be satisfied subsequent to the issuance of the Bonds in order that interest thereon be (or continue to be) excluded from federal gross income and state gross and taxable net income. '1 ..., LJ -, u ~ LJ ~ u -, u lj The Issuer will covenant to comply with requirements necessary under the Code to establish and maintain the Bonds as tax-exempt under ~ 103 thereof, including without limitation, requirements relating to temporary periods for investments and limitations on amounts invested at a yield greater than the yield on the Bonds. " " u ProDertv and Casualtv Insurance ComDanies .., Property and casualty insurance companies are required to reduce the amount of their loss reserve deduction by 15% of the amount of tax-exempt interest received or accrued during the taxable year on certain obligations acquired after August 7, 1986, including interest on the Bonds. u " Forei"n Insurance ComDanies u u Foreign companies carrying on an insurance business in the United States are subject to a tax on income which is effectively connected with their conduct of any trade or business in the United States, including "net investment income." Net investment income includes tax-exempt interest such as interest on the Bonds. .., -, Branch Profits Tax u '-.J A foreign corporation is subject to a branch profits tax equal to 30% of the "dividend equivalent amount" for the taxable year. The "dividend equivalent amount" is the foreign corporation's "effectively connected earnings and profits," adjusted for increase or decrease in "u.s. net equity." A branch's earnings and profits may include tax-exempt municipal bond interest, such as interest on the Bonds. ~ " '-J Passive Investment Income of S Corporations "' Passive investment income, including interest on the Bonds, may be subject to federal income taxation under ~ 1375 of the Code for an S corporation that has Subchapter C earnings and profits at the close of the taxable year if more than 25% of the gross receipts of such S corporations is passive investment income. ..., u LJ .. L1 -17 - Oualified Financial Institutions Prior to adoption of the Tax Reform Act of 1986 (the "Act"), financial institutions were generally permitted to deduct 80% of their interest expense allocable to tax-exempt bonds. Under the Act, however, financial institutions are generally not entitled to such a deduction for tax-exempt bonds purchased after August 7, 1986. However, the Issuer will designate the Bonds as "qualified tax- exempt obligations" pursuant to ~265(b)(3) of the Code that will permit financial institutions to deduct interest expenses allocable to the Bonds to the extent permitted under prior law. See "Qualified Tax-Exempt Obligations" below. Social Security and Railroad Retirement Benefits Certain recipients of social security benefits and railroad retirement benefits are required to include a portion of such benefits within gross income by reason of receipt of interest on tax exempt obli- gations, including the Bonds. Exclusion Not Constitutionallv Required: Pendinf! Lef!islation The United States Supreme Court ruled in 1988 that the exclusion from gross income of interest on state and local bonds is not required by the United States Constitution. The Constitution of the State of Minnesota likewise does not require the exclusion from gross income or taxable net in- come of interest on bonds of Minnesota issuers. Hence, future federal and/or state laws could cause the inclusion of interest on bonds, including the Bonds, in gross income of taxable net in- come, or could otherwise cause such interest to be taxed or to be included in the calculation of other income which is taxed. Oualified Tax-Exempt Obli,?ations The Issuer will designate the Bonds as "qualified tax-exempt obligations" for purposes of ~265(b )(3) of the Internal Revenue Code of 1986, as amended, relating to the ability of financial institutions to deduct from income for federal income tax purposes, interest expense that is alloca- ble to carrying and acquiring tax-exempt obligations. "Qualified tax-exempt obligations" are treated as acquired by a financial institution before August 8, 1986. Interest allocable to such obligations remains subject to the 20% disallowance under prior law. General The preceding is not a comprehensive list of all federal tax consequences which may arise from the receipt or accrual of interest on the Bonds. The receipt or accrual of interest on the Bonds may oth- erwise affect the federal income tax (or Minnesota income tax or franchise tax) liability of the recip- ient based on the particular taxes to which the recipient is subject and the particular tax status of other items of income or deductions. Bond Counsel expresses no opinion regarding any such con- sequences. All prospective purchasers of the Bonds are advised to consult their own tax advisors as to the tax consequences of, or tax considerations for, purchasing or holding the Bonds. -18 - " L' ,-, \ , r~ L' ,-, LJ M l.J n LJ " , J " l J " LJ n LJ n LJ " LJ ,-, LO " LJ ,-, Ll ,--, \ , n LI n LJ ,-, \ J ", L.J THE CITY OF ANDOVER ., u GENERAL INFORMATION '\ u ., Access and Transportation The City of Andover, situated in Anoka County, is located in the northern portion of the Twin Cities Metropolitan Area approximately 15 miles north of Minneapolis. Access to the City is pro- vided by Anoka County Roads 7, 9, 16, 18, 20, 60, 78 and 116 as well as State Highways 10 and 47 which lie two miles north of the City and one mile east of the City, respectively. There are ap- proximately 171.24 miles of paved residential streets within the City's corporate limits. .. L.J u 'I L.J Tax Base ., For taxes collectible in 1997, the tax breakdown is 81.43% residential homestead (non-agriculture), 1.21 % agricultural, 7.13% commercial & industrial, 1.18% public utility, .17% railroad operating property, 3.49% non-homestead residential and 5.39% personal property. u .. u Area L.J 22,493 Acres (35.145 Square Miles) ., '1 U Population '\ U 1980 Census 1990 Census 1997 Estimate (as of 01/01/97) 9,387 15,216 24,164 -, L.J Municipal Facilities ., Revenue Producinf! Facilities: LJ The Waterworks System has approximately 3,070 connections and consists of 1,000,000 gallon and 500,000 gallon elevated water storage facilities along with five municipal wells that have the capacity to pump 6,768,000 gallons per day. Average demand is 1,054,000 gallons per day while peak demand reaches 4,349,000 gallons per day. Total tap water hardness is 308 parts per million. The 1996 unaudited gross revenues were $690,186 with the average water charge per year per household and commercial connection at approximately $225. The industrial water rate is charged on a per quarter basis with a base charge of $6.30 and $1.01 per thousand gallons thereafter. The Sewer System has approximately 3,921 connections which are connected by one lift station to the Metropolitan Waste Control Commission's wastewater treatment and disposal facilities. Average demand is 226,000,000 gallons per day. -, u ..., L1 .. L.J " u The 1996 unaudited gross revenues were $902,247 with the average sewer charge per year per household and commercial connection at approximately $230. The sewer use charge is $30.00 per '1 living unit per quarter in Service Area A and $42.00 per living unit per quarter in Service Area B. u .. LJ -19- Other Municipal Services: Fire Department. Fire protection is provided by a 53-member volunteer fire department consisting of three fully equipped stations strategically located throughout the City. The City currently has three pumpers, two tankers, two combined pumper/tankers, one 75 foot ladder truck, three grass rigs, one utility van, one rescue vehicle/ambulance and other various related fire fighting equipment. Police Department. The City of Andover contracts with the Anoka County Sheriffs Department for its police protection. ParkslRecreation. The City currently maintains 40 parks that encompass approximately 225 acres. Facilities include 32 parks with general miscellaneous playground equipment, 24 baseball/softball fields, 12 soccer/football fields and 15 hockey/skating rinks. The park system also includes 23 class five parking lots, 20 picnic shelters, 5 irrigation systems and an infant trail system. The recreation programs are handled through the local school district or through the Andover Athletic Association. City Government Andover, organized on November 12, 1974, is a Minnesota Statutory City with an Option Plan A form of government. It has a mayor elected at large for a two-year term and four council members also elected at large for four-year terms. The professional staff is appointed and consists of a city administrator, city clerk, city treasurer, city finance director, city attorney and city engineer. Employee Pension Programs The City employs 45 people, 40 full-time and 5 part-time. Forty-five of the employees are covered under PERA. The City participates in contributory pension plans through the Public Employees Retirement Association (PERA) under Minnesota Statutes, Chapter 353, that covers substantially all employ- ees except those qualifying as temporary or seasonal employees. This plan is a state administered plan and is coordinated with the Federal Social Security Retirement Plan (FICA). State statute re- quires the City to fund current service pension cost as it accrues. Prior service cost is being amor- tized over a period of 40 years and is being funded by payment determined as a percentage of gross wages paid by all employers participating in the State Association. The amount of unfunded prior service cost attributed to individual reporting entities is not determinable. The City's contributions to PERA for the past five years have been as follows: 1996 1995 1994 1993 1992 $63,362* 54,990 42,933 37,964 32,321 The volunteer firemen of the City are eligible for pension benefits through membership in the Andover Firemen's Relief Association organized under Minnesota Statutes, Chapter 69, and ad- ministered by a separate Board elected by the membership. This plan is funded by state aids, in- vestment earnings and City contributions. State statute requires this plan to fund current service cost as it accrues and prior service cost to be amortized over a period of ten years. · Also includes the fIremen's contributions. -20- " L' M \ 1 n L' n Ll " \ J n LJ r-1 LI n l J M \ . n LJ n LJ ...... \ 1 n LJ r-1 l 1 rl LJ r1 l . ,-, LJ n l 1 r-1 l. Residential Development There are approximately 7,067 single-family homes and 49 multifamily units located within the City. In addition, there have been 272 single-family homes constructed within the past twelve months. .. u .-, ~ j '\ ., Subdivision Listed below are the residential subdivisions located in the City of Andover. Status The City of Andover has an approximate 69-acre industrial park. Currently there are 19 enterprises occupying the park, the larger of which include Ace Solid Waste Management Inc., Larson Plumbing & Heating, Riccar Heating & Air Conditioning Inc., For Kids Only, Aircon Electric, M & S Drywall and Hardwood Industries. Ll u Shadow brook Hills of Bunker Lake-5th Addition Crown Pointe Crown Pointe East Foxberry Farms Fox Woods Jonathan Woods Echo Woods Emerald Glen Hills of Bunker Lake-3rd Addition Hills of Bunker Lake-4th Addition Pinewood Estates Pinewood Estates-2nd Addition Meadows of Round Lake Weybridge-2nd Addition Weybridge-3rd Addition Woodland Creek Woodland Creek-2nd Addition Woodland Creek-3rd Addition Woodland Creek-4th Addition Woodland Creek-5th Addition Woodland Pond Woodland Pond-2nd Addition .. u '\ U .., u -, u r; u " u ., u .. ,J '\ '-.J .., 'U .., u .., L.J ,', u . , u .., L1 Number of Dwellin~s 175 Homes 117 Homes 49 Homes 45 Homes 37 Homes 37 Homes 27 Homes 53 Homes 46 Homes 79 Homes 56 Homes 69 Homes 104 Homes 155 Homes 82 Homes 52 Homes 26 Homes 41 Homes 29 Homes 16 Homes 4 Homes 8 Homes 7 Homes 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete 100% Complete Industrial Parks -21- r> LJ Commercial/Industrial Development " Building construction and commercial/industrial growth completed within the past three years have been as follows: , , Name Product/Service Description of Construction " 1-1 Aircon Electric Tutor Time* Beck's Auto Ultimate Cabinets* NW Transmission For Kids Only City Hall* G- Will Liquors* McDonald's Pov's Sports Bar Spur Super America HVAC Child Day Care Services Automobile Repair Cabinetry/W oodworking Automobile Repair Child Day Care Services City Government Liquor Store Fast Food Restaurant RestaurantlBar Convenience Store Convenience Store Masonry Building Masonry Building Masonry Building Masonry Building Masonry Building Masonry Building Masonry Building Masonry Building Masonry Building Masonry Building Masonry Building Masonry Building n Ll " , 1 " L1 ,., ,1 Pending plans for commercial/industrial development include the City acquiring approximately 120 acres of land that is currently occupied with auto salvage yards. The City will use tax increment fi- nancing for the acquisition and clean up of these properties and land will be made available for new businesses in the Spring of 1997. n 1-' " Buildin9 Permits Commercial/ Industrial Residential Total Total Number of Number Number Permit Year of Permits of Permits of Permits Valuation 1997 (as of 2/28/97) N/A 25 N/A $ 2,774,000 1996 N/A 272 N/A 28,776,000 1995 12 305 317 57,336,572 1994 9 400 409 44,460,723 1993 5 514 519 52,337,400 1992 3 484 487 48,174,935 1991 7 280 287 28,570,866 Financial Institutions Ll n l J " l' r> , I " L1 r-1 '-1 Financial services are provided by the First Bank of Minnesota, National Association (branch of Bloomington). Reported deposits as of December 31,1995, are not available at this time. " l1 Schools " The majority of the children in the City of Andover attend Independent School District #0011, Anoka-Hennepin. The northern one-fifth of the City attend Independent School District #0015, St. Francis. The two districts combined operate 33 elementary schools, 7 middle schools and 5 senior high schools. Directly located within the City are two elementary schools, grades kindergarten through five, both part of ISD #00 11 Anoka- Hennepin. II r-' l' r-' 1-1 * Construction and commercial/industrial growth completed within the past twelve months, -22- r-'l l1 r-, L1 " In addition, there is a parochial school located within the City, Meadow Creek Christian, with grades kindergarten through twelve. Enrollment at the parochial school is 618. Furthermore, Meadow Creek Christian is accredited by the Association of Christian Schools International. u Post secondary education is available at the following schools: '\ Ll School '\ U Anoka-Hennepin Technical College Anoka-Ramsey Community College University of Minnesota Augsburg College -, u ., ....J IJ!ilg, Location Distance from Andover Technical College Community College Public University Private College Anoka, Minnesota 5 Miles Coon Rapids, Minnesota Minneapolis, Minnesota Minneapolis, Minnesota 5 Miles 20 Miles 20 Miles Maior Employers '.-1 The City has 25 retail or commercial enterprises in the downtown area employing an estimated 500 people. In addition, there is one 103,000 square foot shopping center located within the City with twenty-five stores employing approximately 300 people. The following is a list of the eleven largest employers within the City: Percent of Real Property 1996-1997 1996-1997 To Net Estimated Net Tax Tax Capacity Name Service Market Value CaDacity ($12.623.912)f Anoka Electric Co-op Electric Utility $7,923,100 $364,462 2.89% Anoka Limited Partnership Commercial 5,009,200 228,823 1.81 Minnegasco Inc. Gas Utility 2,979,100 137,038 1.09 Individual Residential (3A) 1,697,400 76,481 .61 Northern States Power Co. Utility 1,640,600 75,468 .60 Minnesota Pipe Line Co. Utility 1,382,400 63,616 .50 United Power Association Utility 1,122,000 57,740 .46 Individual Restaurant 1,071,500 49,289 .39 MN Interstate Pipeline Utility 1,001,900 46,097 .37 Kottke Bus Service Inc. Commercial 971,700 41,499 .33 -, " L1 Commercial .. L1 Kottke Bus Service Inc. Andover Elementary School Festival Foods Anoka County Highway Dept Merwin Drug Co. Oak View Middle School Meadow Creek Christian School Crooked Lake Elementary School Pov's Sports Bar Ed Fields & Sons Inc. Larson Plumbing & Heating '\ '-.i ., L1 -, -...J r, U -, '-1 -, u .. LJ ,-, u '\ U Product/Service Number of Emplovees Bus Charter Services Public Education Grocery Store County Government Programs Drug & Proprietary Stores Public Education Private Education Public Education Restaurant! Bar Fresh Fruits & Vegetables Plumbing, Heating & Air Conditioning 190 122 120 110 86 85 75 59 55 50 40 Ten Largest Taxpayers " LJ t Before tax increment and fiscal disparity adjustments, -23 - MINNESOTA VALUATIONS. TAX CREDITS AND LEVY LIMITATIONS Market Value According to Minnesota Statutes, Chapter 273, all real property subject to taxation is to be ap- praised at maximum intervals of four years. All real property becoming taxable in any year is listed at its estimated market value on January 2 of that year. The estimated market value is the County Assessor's appraisal of the worth of the property. Indicated Market Value The Minnesota Department of Revenue conducts the Real Estate Assessment/Sales Ratio Study to accomplish equalization of property valuation in the State of Minnesota and to determine the prob- able selling price of a property. The study is a three-year average of sale prices as related to the lat- est assessor's estimated market value. The indicated market value is determined by dividing the es- timated market value by the Assessment/Sales Ratio for the city as determined by the Department of Revenue. Net Tax Capacity Starting with taxes payable in 1990, net tax capacity replaced gross tax capacity as the measure of taxable value. To determine net tax capacity, the estimated market value is multiplied by a factor called "class rate," that varies depending on the use of the property. Net tax capacity differs from gross tax capacity primarily in setting lower values for homesteaded residential and agricultural properties. Net tax capacity is multiplied by the "local tax rate" to determine taxes payable. Tax Cycle Minnesota local government ad valorem property taxes are extended and collected by the various counties within the state. The process begins in the fall of every year with the certification, to the county auditor, of all local taxing districts' property tax levies. Local tax rates are calculated by di- viding each taxing district's levy by its net tax capacity. One percentage point of local tax rate rep- resents one dollar of tax per $100 net tax capacity. A list of taxes due is then prepared by the county auditor and turned over to the county treasurer on or before the first Monday in January. The county treasurer is responsible for collecting all property taxes within the county. Real estate tax statements are to be mailed out no later than January 31 and personal property tax statements no later than February 15. The due dates for payment of real property taxes are one-half on or before May 15 and one-half on or before October 15. Personal property taxes become due one-half on or before February 28 and one-half on or before June 30. Following each settlement (March 5, June 5, and November 5 of each year), the county treasurer must redistribute property tax revenues to the local taxing districts in proportion to their tax capac- ity ratios. Delinquent property taxes are penalized at various rates depending on the type of prop- erty and the length of delinquency. Tax Credits Prior to 1990, taxes on homestead residential and agricultural property were reduced by a direct subsidy to the taxpayer. Beginning in 1990, the homestead credit has been eliminated. The state subsidy is now accomplished through lower class rates to homesteaded classifications of property and increased state aids paid directly to local taxing districts. This new system is intended to have generally the same impact as the former homestead credit system. -24- " .., ~ \ J " L' " LJ r1 . J " l' ,-, 1 1 rl L' r1 1 J n L J " L' r1 , J n L' ,-, L' ,-, , , M L J r", L J n . J ,-, \ J " u .. '-.i Tax Levies for General Obligation Bonds (Minnesota Statutes. ~475,61) The governing body of any municipality issuing general obligations shall, prior to delivery of the obligations, levy by resolution a direct general ad valorem tax upon all taxable property in the mu- nicipality to be spread upon the tax rolls for each year of the term of the obligations. The tax levies for all years shall be specified and such that if collected in full they, together with estimated collec- tions of special assessments and other revenues pledged for the payment of said obligations, will produce at least five percent in excess of the amount needed to meet when due the principal and in- terest payments on the obligations. Such resolution shall irrevocably appropriate the taxes so levied and any special assessments or other revenues so pledged to the municipality's debt service fund or a special debt service fund or account created for the payment of one or more issues of obligations. The governing body may, at its discretion, at any time after the obligation have been authorized, adopt a resolution levying only a portion of such taxes, to be filed, assessed, extended, collected and remitted as hereinafter provided, and the amount or amounts therein levied shall be credited against the tax required to be levied prior to delivery of the obligations. '1 u .. LJ -, u .. ...J u The recording officer of the municipality shall file in the office of the county auditor of each county in which any part of the municipality is located a certified copy of the resolution, together with full information regarding the obligations for which the tax is levied. No further action by the munici- pality is required to authorize the extension, assessment and collection of the tax, but the munici- pality's liability on the obligations is not limited thereto and its governing body shall levy and cause to be extended, assessed and collected any additional taxes found necessary for full payment of the principal and interest. The auditor shall annually assess and extend upon the tax rolls the amount specified for such year in the resolution, unless the amount has been reduced as authorized below or, if the municipality is located in more than one county, the portion thereof that bears the same ratio to the whole amount as the tax capacity value of taxable property in that part of the municipal- ity located in his county bears to the tax capacity value of all taxable property in the municipality. Tax levies so made and filed shall be irrevocable, except that if the governing body in any year makes an irrevocable appropriation to the debt service fund of moneys actually on hand or if there is on hand any excess amount in the debt service fund, the recording officer may certify to the county auditor the fact and amount thereof and the auditor shall reduce by the amount so certified the amount otherwise to be included in the rolls next thereafter prepared. -, u " u -, "1 U .. u LJ All such taxes shall be collected and remitted to the municipality by the county treasurer as other taxes are collected and remitted, and shall be used only for payment of the obligations on account of that levied or to repay advances from other funds used for such payments, except that any sur- plus remaining in the debt service fund when the obligations and interest thereon are paid may be appropriated to any other general purpose by the municipality. -, '~1 ,., -, Levv Limitations '-1 ...., In the past local governments in the State of Minnesota have had their ability to levy property taxes restricted by statutory limitations. As scheduled these limitations have expired for taxes payable in 1993, but may be reinstated in the future. These limitations had restricted Minnesota cities with populations over 2,500, school districts, and counties in their annual levy to 3% of the previous year's levy limit base with adjustments for increases of households or population. This levy limit did not apply to levies made for "special purposes," such as bonded indebtedness, unfunded ac- crued pension liability and matching grants. In addition, the levy limit for counties did not include levies for income maintenance programs and social service programs. u -, u ,-, u , ..J -, -25 - J n L J Class Rate n The factors (class rates) for converting estimated market value to net tax capacity represent a basic , I element of the State's property tax relief system and are therefore subject to annual revisions by the State Legislature. The following is a partial summary of these factors: r> Property Tax Classifications L1 1993/1994 1994/1995 1995/1996 1996/1997 n Class Rate Class Rate Class Rate Class Rate l I Tvpe of Property Percent Percent Percent ~ n Residential Homestead Under $72,000 1.000% 1.000% 1.000% 1.000% ' J Over $72,001 2.000 2.000 2.000 2.000 n CommerciallIndustrial Public Utility L J Under $100,000 3.000 3.000 3.000 3.000 Over $100,001 4.600 4.600 4.600 4.600 ,..., A&ficultural Property L I Homestead: House, Garage & 1 Acre n Under $72,000 1.000 1.000 1. 000 1.000 Over $72,001 2.000 2,000 2,000 2.000 L J Remainder to 320 Acres H Under $115,000 .450 .450 .450 .450 " I Over $115,001 1.000 1.000 1.000 1.000 n Over 320 Acres Under $115,000 .450 .450 .450 .450 LJ Over $115,001 1.500 1.500 1.500 1.500 n Non-Homestead: House, Garage, 1 Acre 2.300 2.300 2.300 2.300 LJ Landffimberland 1.500 1.500 1.500 1.500 H Residential Non-Homestead , J Apartments: 1 to 3 units 2.300 2.300 2.300 2.300 .-. 4 or more units 3.400 3.400 3.400 3.400 Type I and II, 5+ stories 3.400 3.400 3.400 3.400 L' Small cities less than 5,000 population with 4 or more units 2.300 2.300 n Seasonal Recreational L J Non-Commercial: n Under $72,000 2.000 2,000 2.000 1.750 Over $72,001 2.500 2.500 2.500 2.500 l' Commercial (i.e. resorts) 2.300 2.300 2.300 2.300 M Vacant Land · (See Footnote) · (See Footnote) · (See Footnote) · (See Footnote) L I r-' L' n l J · (All vacant land is reclassified to highest and best use pursuant to local zoning ordinance). -26- ,..., , J " u THE CITY OF ANDOVER n d ECONOMIC AND FINANCIAL INFORMATION "\ J Valuations "\ LJ ...J Real Property Personal Property (Tax Increment Deduction) Fiscal Disparities' (Contribution to Pool) Distribution from Pool Estimated Market Value 1996-1997 $ 836,403,500 15,626,900 Net Tax Capacity 1996-1997 ., ... ..J $12,623,912 718,836 818,841) ( ( -, U 669,402) 2.257.799 $14,112,304 Total Valuation $ 852,030,400 "\ U -, Market Value After Assessment/Sales Ratio LJ r" "-I The Minnesota Department of Revenue conducts the Real Estate Assessment/Sales Ratio Study to accomplish equalization of property valuations in the State and to determine the probable selling price of a property. The Study is a three-year average of sale prices as related to the latest asses- sor's market value. In Andover the latest (1995) assessment sales ratio is 90.1 % meaning the County Auditor's recorded real property market value of $836,403,500 is 90.1 % of the probable resale market value. We have made the following computations in deriving the market value figure used in the "Summary of Debt and Debt Statistics." '\ .J -, ,..., ...J 90.1% County Auditor's recorded real property market value. Latest Composite Ratio from the Real Estate Assessment/Sales Ratio Study of the Minnesota Department of Revenue. L1 $ 836,403,500 -, + 15.626.900 Indicated market value of real property. Personal property. Indicated market value of real and personal property used in "Summary of Debt and Debt Statistics." = $ 928,305,771 u -. -...J = $ 943,932.671 .., .-.1 """' * Fiscal Disnarities Law The 1971 Legislature enacted a "fiscal disparities law" which allows all the Twin City Metropolitan Area Municipalities to share in the commercial/industrial growth, regardless of where the growth occurred geographically, Forty percent (40%) of every metropolitan municipality's growth in commercial/industrial assessed valuation is pooled, then redistributed to all municipalities on the basis of population and per capita valuation after the tax increment and fiscal disparity adjustments. r, LJ -I ", LJ -27 - n The Assessment/Sales Ratio for the City of Andover over the past five years have been as follows: LJ ,-, 1995 1994 1993 1992 1991 90.1% 89.7 89.7 92.5 93.0 ~ J r-, L J r-, Valuation Trends (Real and Personal Property) Net Tax Net Tax Capacity Capacity Levy Year/ Estimated Before Fiscal After Fiscal Collection Year Market Value Disvaritiest Disparitiestt 1996/1997 $852,030,400 $13,342,748 $14,112,304 1995/1996 777,819,300 12,019,964 12,803,201 1994/1995 679,429,100 10,271,906 10,877 ,389 1993/1994 602,107,500 9,114,246 9,993,705 1992/1993 542,411,200 8,420,876 9,414,093 1991/1992 502,562,400 8,208,381 9,322,277 1990/1991 467,376,200 8,176,220 9,423,989 1989/1990 407,805,500 7,043,958 8,179,916 Breakdown of Valuations L J r1 . J " , J ,..., L J n L J ,..., l J 1996-1997 Estimated Market Value, Real and Personal Propeny: ,.... Residential Homestead Agricultural Commercial & Industrial Public Utility Railroad Operating Property Non-Homestead Residential Personal Property $ 776,354,300 13,929,200 22,416,700 3,437,300 508,000 19,758,000 15.626.900 $ 852,030,400 91.12% 1.64 2.63 .40 .06 2.32 1.83 L J " l J ,..., _ J Total 100.00% n L J 1996-1997 Net Tax Capacity, Real and Personal Propeny (before tax increment andfiscal disparity ,..., adjustments): L J Residential Homestead $ 10,864,491 81.43% Agricultural 161,367 1.21 Commercial & Industrial 950,818 7.13 Public Utility 158,116 1.18 Railroad Operating Property 23,368 .17 Non-Homestead Residential 465,752 3.49 Personal Property 718.836 5.39 Total $ 13,342,748 100.00% ~ L J ,-, L I ,-, L' r1 t Also before the tax increment deduction. t t Also after the tax increment deduction. LJ -28- ,..., .. J ,'-' w ~ lJ -.. Levy Year! Collection Year u County of Anoka City of Andover ISD #0011, Anoka-Hennepin Market Value Referendum Rate ISD #0015, St. Francis Market Value Referendum Rate Metropolitan Council Metro Mosquito Control Metro Transit Area Anoka County RR Authority Anoka County HRA -, LJ ., . j "\ LJ ""1 '-1 "\ U Levy Year! Collection Year ~ LJ Original Gross Tax Levy Property Tax Credits * ~, Levy Adjustments Net Tax Levy Amount Collected during Collection Year u -.. ...j ., Percent of Net Tax Levy Collected LJ Amount Delinquent at end of Collection Year -, ~ Delinquencies Collected as of (12/31/96) " Delinquencies Abated or Cancelled as of (12/31/96) LJ --, Total Delinquencies Outstanding as of (12/31/96) u ~ LJ Percent of Net Tax Levy Collected Net Tax Capacity 1992/93 Net Tax Capacity Rates 32.779% 16.544 63.717 60.090 .448 .374 .272 1993/94 Net Tax Capacity Rates 1994/95 Net Tax Capacity Rates 1995/96 Net Tax Capacity Rates 32.68000% 32.76500% 18.32500 19.79900 57.16100 61.40200 31.03600% 19.37400 64.38700 .04289 69.50900 .03813 .77200 .23900 .34500 61.46100 .05161 .43800 .37100 .29100 63.28100 .03022 .37200 .37400 .35300 .00100 .82300 Tax Levies and Collections 1992/ 1993 $ 2,090,302 513,710) 37 $1,576,629 $1,548,389 98.21 % $ 28,240 ( 19,383) 6.172) $ 2,685 99.83% Note: 1996/1997 Gross Tax Levy 1996/1997 Net Tax Levy -.. U 1993/ 1994 $ 2,366,327 ( 572,759) 1994/ 1995 $2,711,023 ( 585,140) 485 $1,794,053 59 $2,125,942 $1,762,461 $2,101,416 98.24% 98.85% $ 31,592 $ 24,526 ( 22,170) ( 13,219) ( 3.516) ( 4.050) $ 5,906 $ 7,257 99.67% $2,783,457 $2,320,519 99.66% "I '-1 * Property tax credits are aids provided by the State of Minnesota and paid directly to the City, ., -~- Li 1996/97 Net Tax Capacity Rates 30.09100% 19.80400 55.58800 .03013 60.23400 .03035 .73600 .24900 .33100 1995/ 1996 $3,057,662 ( 568,312) 97 $ 2,489,447 $ 2,463,276 98.95% $ 26,171 ( 0) ( 0) $ 26,171 98.95% n CITY OF ANDOVER, MINNESOTA GENERAL OBUGATION DEBT (As of March 15, 1997, Plus This Issue) L I ,-, , I Purpose: G,O. G.O. G,O, G,O, G.O. G.O. Improvement Improvement Improvement Improvement Refunding SIIlte Bonds Bonds Bonds Bonds ImprovemenJ Aid Road of of of Series, Bonds, Bonds 1977 1978 1985A 1986A Series 1986C of 1988 n LJ r"l Dated: 0210 1m llIOIn8 02101/85 07/01/86 08/01/86 08/01/88 Original Amount: $1,215,000 $270,000 $300,000 $1,795,000 $2,485,000 $500.000 Maturity: I-Ian I-Feb I-Feb I-Aug I-Aug I-Aug Interest Rales: 5,00% 6,00% 9,20-9,60% 7.40-7.90% 6.90-7.40% 6,70-6,80% 1997 $0 $0 $0 $150,000 $210.000 $50,000 1997 1998 55,000 20,000 25,000 150,000 210,000 50,000 1998 1999 60,000 20,000 25,000 145,000 210,000 0 1999 2000 60,000 0 25,000 125,000 210,000 0 2000 2001 65,000 0 0 125,000 215.000 0 2001 2002 65,000 0 0 0 165,000 0 2002 2003 65,000 0 0 0 0 0 2003 2004 70,000 0 0 0 0 0 2004 2005 70,000 0 0 0 0 0 2005 2006 70,000 0 0 0 0 0 2006 2007 0 0 0 0 0 0 2007 2008 0 0 0 0 0 0 2008 2009 0 0 0 0 0 0 2009 2010 0 0 0 0 0 0 2010 2011 0 0 0 0 0 0 2011 2012 0 0 0 0 0 0 2012 2013 0 0 0 0 0 0 2013 $580,000 $40,000 $75,000 $695,000 $1,220,000 $100,000 (1) (1) I1J I1J I1J (2) (3) . I M , J n l J M . I n L J M l I n L J Purpose: G,O. General G,O, G.O. G,O. G,O. Improvement Obligation Equipment Improvement TlU: Equipment Bonds Bonds Certificates Bonds Increment Certificates Series, Series, of Series, Bonds, Series, 1989A 1991A 1992 1993A Series 1993B 1994A r~l L J Dated: 07/01/89 07/01/91 08/01/92 08/01/93 08/01/93 03/01/94 Original Amount: $3,200,000 $2,500,000 $180,000 $3,650,000 $520,000 $150,000 Maturity: I-Aug I-Iul I-Aug l-Aug I-Aug I-Mar Interest Rales: 6.1 0-6.80% H0-6,50% 5.55-5.75% H0-4,75% 3.50-4,75% 3.55-4.25% 1997 $300,000 $250,000 $36,000 $365,000 $50,000 $0 1997 1998 300,000 250,000 0 365.000 50,000 30,000 1998 1999 300,000 250,000 0 365,000 50,000 30,000 1999 2000 300,000 250,000 0 365,000 55,000 0 2000 2001 300,000 250,000 0 365,000 55,000 0 2001 2002 0 0 0 365,000 55,000 0 2002 2003 0 0 0 365,000 55,000 0 2003 2004 0 0 0 0 0 0 2004 2005 0 0 0 0 0 0 2005 2006 0 0 0 0 0 0 2006 2007 0 0 0 0 0 0 2007 2008 0 0 0 0 0 0 2008 2009 0 0 0 0 0 0 2009 2010 0 0 0 0 0 0 2010 2011 0 0 0 0 0 0 2011 2012 0 0 0 0 0 0 2012 2013 0 0 0 0 0 0 2013 $1,500,000 $1,250,000 $36,000 $2,555,000 $370,000 $60,000 (1)(4) (5) (5) (I) (6) (5) ,.., - , n L J ,.., , 1 ~ , J ,-, L J n L' n -30- rl L J ,"'\ U CITY OF ANDOVER, MINNESOTA GENERAL OBLIGATION DEBT (As of March 15, 1997, Plus This Issue) " u '"'"' Purpose: G,O. G.O. G.O. G.O. G.O, G.O. Taxable Improvement Temporary Improvement Improvement Equipment Tax Increment Bonds Improvement Bonds Refunding Certificates of Bonds, Series, Bonds, Series, Bonds, Indebtedness, Series 1994B 1994C Series 1994D 1995A Series 1995B Series 1995C u ~-, .; Dated: 05/0 1/94 10/0 1/94 10/01/94 06/0 1/95 06/01/95 06/01/95 Original Amount: $885,000 $1,140,000 $3,705,000 $2,605,000 $825,000 $515,000 Maturity: I-May I-Feb I-Oct I-Feb I-A.g I-Feb Interest Rates: 5.55-7.87% 5.05-5.75% 4,60% 4,80-5.30% 4AO-4.85% 4AO-4,85% 1997 $90,000 $0 $3,705,000 $0 $190,000 $0 1997 1998 90,000 110,000 0 215.000 170,000 100,000 1998 1999 90,000 110,000 0 230,000 155,000 150,000 1999 2000 90,000 115,000 0 240,000 120,000 175,000 2000 2001 90,000 115,000 0 255,000 0 0 2001 2002 90,000 115,000 0 265,000 0 0 2002 2003 90,000 120,000 0 280,000 0 0 2003 2004 75,000 120,000 0 295,000 0 0 2004 2005 0 125,000 0 310,000 0 0 2005 2006 0 95,000 0 310,000 0 0 2006 2007 0 0 0 0 0 0 2007 2008 0 0 0 0 0 0 2008 2009 0 0 0 0 0 0 2009 2010 0 0 0 0 0 0 2010 2011 0 0 0 0 0 0 2011 2012 0 0 0 0 0 0 2012 2013 0 0 0 0 0 0 2013 $705,000 $1.025,000 $3,705,000 $2.400,000 $635,000 $425,000 (6) (1) (7) (I) (7) (1)(7) (1) (8) (5) LJ ,.., ') " u .-1 " i '"'"' U ,.., ~" LJ Purpose: G.O. G,O, G.O. G,O, G.O, Tax Tax Crossover ImprolJement Improvement Increment Increment Refunding Bonds Bonds Bonds, Series Bonds Bonds of of 1997, 1995D of 1996 of 1996 1996 Series A This Issue: -. u ..., Dated: 10/01/95 06101/96 06/0 1/96 06/0 1/96 05/01/97 Original Amount: $6,055,000 $2,055,000 $1.220,000 $600,000 $3,115,000 Maturity: I-Feb l-A.g 1-A.g I-A.g I-Dee Interest Rates: 4.50-5,60% 4,75-5,40% 4,15-4.50% 3,90-5,00% --_.---- TOTALS: 1997 $0 $40,000 $0 $50,000 $0 $5.486,000 1997 1998 130,000 65,000 310,000 55,000 650,000 3.400,000 1998 1999 150,000 70,000 310,000 55,000 650,000 3,425,000 1999 2000 175,000 80,000 300,000 60,000 610,000 3,355,000 2000 2001 200,000 85,000 300,000 60,000 605.000 3,085,000 2001 2002 225,000 95,000 0 65,000 605,000 2,110,000 2002 2003 225,000 105,000 0 65,000 0 1,370.000 2003 2004 250,000 115,000 0 70,000 0 995,000 2004 2005 350,000 125,000 0 70,000 0 1.050,000 2005 2006 425,000 140,000 0 50,000 0 1.090,000 2006 2007 450,000 150,000 0 0 0 600,000 2007 2008 475,000 165,000 0 0 0 640,000 2008 2009 500,000 180,000 0 0 0 680,000 2009 2010 525,000 195,000 0 0 0 720,000 2010 2011 575,000 215,000 0 0 0 790,000 2011 2012 600,000 230,000 0 0 0 830,000 2012 2013 625.000 0 0 0 0 625,000 2013 $5,880,000 $2,055,000 $1.220,000 $600,000 $3,120,000 $30,251,000 (6) (6) (I )(9) (I) (I) Less: (lOO,OOO) (3) (l,200,000) (4) Net G.O. Debt: $28,951,000 -31- .. I.,! .-, LJ .. '. ; ~J .. ..J .. U " LJ ,., u ..., CITY OF ANDOVER, MINNESOTA GENERAL OBliGATION DEBT (As of March IS, 1997, Plus This Issue) l J .., , 1 (1) These bonds art' payable primarily from special assessments against all benefitted property and additionally secured by ad valorem taxes on all taxable property within the City and without limitation of amount. (2) These bonds current refunded the $4.365.000 General Obligation Improvement Bonds of 1980. Series B, dated October I, 1980. Maturities for that Lfsue were calle, fOT redemption on February I. 1987, at a price afpar plus accrued interest. (3) These bonds are payable primarily from state aid allotments and additionally secured by ad valorem taxes on all taxable property within the City and without limitation of amount. (4) These bonds were cross refunded by the SI,220,OOOGeneral Obligation Crossover Refunding Bond., of 1996, dated June 1,1996. Maturities 1998 through 2001. inclusive, in aggregate 0/$1,200,000 will be calledfor redemption on AUglLft 1,1997. at a price of par plus accrued interest. (5) These bonds are payable solely from ad valorem taxes on all taxable properry within the City and without limitation of amount. (6) These bonds are payable primarily from increases in assessed valuation within Tax Increment District Nos. 1.1, 1-2 and additionally secured by ad valorem taxes on all taxable property within the City and without limitation of amount. (7) These bonds are additionally secured by Financial Security Assurance Inc. (formerly Capital Guaranty Corp.) and additionally rated AAA. (8) These bonds current rejwu1ed $815.000 of the $2,350,000 General Obligation Improvement Bomb: of 1985, dated August 1,1985. Maturitiesfor that issue were calledfor redemption on August I, 1995, at a price of par plus accrued interest. (9) These bonds cross rejwu1ed $1.200.000 (If the $3,200.000 General Obligation Improvement Bonds, Series 1989A, dated July 1,1989. Maturities 1998 through 2001, inclusive. will be calledfor redemption on August 1. 1997, at a price of par plus accrued interest. rt L.I r-' ~ 1 r1 '. r1 l J .. . / n ~ J r-, l 1 r', LJ " ~ J " . , rt . I " . I ~ .. J " . I r1 L1 r' L 1 -32- " '.1 ., u .., Overlapping Debt 1996/1997 1996/1997 Net Tax Net Tax Capacity Percentage City's Capacity Value Applicable Share Issuer Value(1) in City! 1) in City Net Debt of Debt County of Anoka $ 183,317,918 $14,112,304 7.70% $ 55,254,644(2) $ 4,254,608 ISD #0011, Anoka-Hennepin 118,358,038 12,716,250 10.74 125,485,810(3) 13,477,176 ISD #0015, St. Francis 13,636,236 1,396,054 10.24 50,187,511 (4) 5,139,201 Metropolitan Council' 2,011,186,977 14,112,304 .70 24,556,403(5) 171,895 Metropolitan Council Transit Operations' 1,812,692,235 14,112,304 .78 66,134,453(6) 515.849 'I ~ j u '\ LJ " ~) ~'"\ u -, '.J Total Overlapping Debt: $23,558,729 ., Overlapping Debt Future Financing u County of Anoka The County does not anticipate the issuance of any additional bonding within the next three months. 'I ".1 ISD #0011, Anoka-Hennepin The District does not anticipate the issuance of any additional bonding within the next three months. '\ U ISD #0015, St. Francis The District does not anticipate the issuance of any additional bonding within the next three months. .., u Metropolitan Council The Council does not anticipate the issuance of any additional bonding within the next three months. .. 'oJ Metropolitan Council Transit Operations The MCTO does not anticipate the issuance of any additional bonding within the next three months. ., '- j '1 ., LJ (1) Taxable Net Tax Capacity values are after the tax increment and fiscal disparity adjustments. (2) Anoka County reported sinking funds of $3,308,465 and a escrow of $37,938,641 as of December 31, 1996, (3) ISD #0011, Anoka-Hennepin, reported $34,536,982 in sinking funds as of December 31, 1996. (4) ISD #0015, St. Francis, reported $8,700,523 in sinking funds as of December 31, 1996, (5) Deductions: (A) $238.230,000 Metropolitan Waste Control Commission Debt as of December 31. 1996. (B) $37,985,000 Metropolitan Council Sports Facility Revenue Bonds as of December 31, 1996. Note 1: Debt Service on A above is 100% self supported from revenues of the Metro Sanitary Sewer System, although the bonds are ful1 faith and credit bonds. Sinking funds of $20,487,704 and escrow account funds of $88,553.000 have not been deducted because said funds are attributable to A above. Fund balances are as of December 31, 1996, Note 2: Debt Service on B (Metropolitan Council, Minneapolis-St. Paul Area Sports Facility Revenue Bonds) is not included in the above debt as the bonds are supported by revenues generated from the sports facility although the bonds are ful1 faith and credit bonds. Note 3: The only tax supported debt as of December 31, 1997 is $27,965,000 with sinking funds of $3,408.597 as of December 31, 1996. (6) The Metropolitan Council Transit Operations reported sinking funds of $16.426.347 as of December 31. 1996. The Net Tax Capacity Value for Metropolitan Council and Metropolitan Council Transit Operations is for 1995/1996, The new figures will not be available until mid to late April. -33 - . u , LJ .. ..J -, u , U " , J Cash and Investment Fund Balances as of February 28. 1997 (unaudited) r'o Fund Name , J ,., General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Enterprise Funds Trust Funds $ 858,419 921,478 (1) 8,553,173 (2) 3,089,008 (3) 902,176 (4) 639.746 (5) $14,964,000' , 1 ,-, L I r'o Total Cash and Investment Fund Balances: . J r' II n ; J n L1 " . I ,-, L 1 n " ,.-" "-J n I) M , I ~ L I r1 . J ,-, LJ ~ I J · Breakdown of the various funds is on the following page. -34 - " C J ~ u r-') ~ J (I) Consists of the followincr Special Revenue Funds: #202 Economic Development Authority Fund $ 19.303,31 #225 Drainage and Mapping Fund 61,314,24 -. #226 Lower Rum River Water Management Fund 2,694,05 U #227 Forestry Fund 38,364,07 #228 Trailffransportation Fund 68,201.02 #230 Septic Disposal Fund 3,809,29 -, #245 Capital Equipment Reserve Fund 645,131.11 LJ #248 Developer's Sealeoating Fund 82,661.00 (2) Consists of the followin~ Debt Service Funds: ,., #301 1992, 1994, 1995C Certificate of Indebtedness Fund ($ 83,925.27) 1..... #308 General Obligation Fire Station Bonds of 1991A Fund 50,787.56 #321 General Obligation Improvement Bonds of 1977A Fund 612,429.25 #323 General Obligation Improvement Bonds of 1978 Fund 86,931.51 " #329 General Obligation Improvement Bonds of 1995B Fund 32.641.99) U #330 General Obligation Improvement Bonds of 1986A Fund 117,354,71) #333 General Obligation Refunding Bonds of 1986C Fund 1,445.030,99 #337 General Obligation Improvement Bonds of 1989A Fund 143,653,85) .., #342 General Obligation Improvement Bonds of 1993A Fund 476,935.23 -"J #343 General Obligation Temporary Improvement Bonds of 1994D Fund 3,554,712.07 #344 General Obligation Improvement Bonds of 1994C Fund 133,633,16 #345 General Obligation Improvement Bonds of 1995A Fund 783,576,71 .., #346 General Obligation Improvement Bonds of 1996 38,616,86 ~ #347 General Obligation Tax Increment Bonds of 1995D Fund 19,923.48) #361 General Obligation State Aid Road Bonds of 1988B 272.26) #378 General Obligation Tax Increment Bonds of 1993B 187,264.70 " #379 General Obligation Refunding Bonds of 1994B 324,234,39 #397 Storm Sewer Trunk Fund (debt service portion) 30,764,76 ,-1 #398 Water Trunk Fund (debt service portion) 428.596,96 #399 Sewer Trunk Fund (debt service portion) 797,430.05 .'" (3) Consists of the followincr Caoital Proiect Funds: '....J #401 Revolving MSA Construction Fund ($ 255,825.76) #402 State Aid Projects Fund 1,087,131.07 ..., #405 Park Dedication Fund 196,194,17 U #408 City Hall Building(s) Construction Fund 401,206,15) #420 Public Works Construction Fund 68,95) #442 Improvement Bonds of 1993A Construction Fund 71.00) ..., #443 Improvement Bonds of 1994D Construction Fund 802,165.42) #445 Improvement Bonds of 1995A Construction Fund 132,952,14) U #446 Improvement Bonds of 1996C Construction Fund 592,107.93 #447 TIP Commercial Revitalization Fund 3.593,771.24 .., #499 Improvement Unfinanced Fund 1,798,812.40) #501 Permanent Improvements Revolving Fund 1,010,905,54 lJ (4) Consists of the followin!! Entemrise Funds: .., #60 I Water Fund $ 636,298.52 .. 1 #602 Sewer Fund 265,877.17 (5) Consists of the followincr Trust Funds: .., #701 InvestmentlInterest Fund $ 143,878.07 U #702 Central Equipment Fund ( 92,692.55) #703 Risk Management Fund 57,736.40 #803 Escrow Fund 431,260,37 ..., #804 Administrative Trust Fund 99,564,02 _ J .., LJ -. U M -35 - L1 SUMMARY OF DEBT AND DEBT STATISTICS General Obligation Debt Bonds secured primarily by special assessments (includes this issue) Bonds secured primarily by state aids Bonds secured solely by ad valorem taxes on all taxable property Bonds secured primarily by tax increments $19,370,000 100,000 1,771,000 9.010.000 $30,251,000 ( 100,000) ( 1.200.000) $28,951,000 ( 8.553.173) $ 20,397,827 23.558.729 $ 43,956,556 Subtotal Less bonds payable from state aids Less refunded maturities! Total General Obligation Direct Debt Less Debt Service Funds Net Direct General Obligation Debt Add City's share of net overlapping debt Total Net Direct and Net Overlapping Debt Facts for Ratio Computations 1996-1997 Indicated Market Value (real and personal property) 1996-1997 Net Tax Capacity (real and personal property after tax increment and fiscal disparity adjustments) Population (01/01/97 Estimate) $943,932,671 $14,112,304 24,164 Debt Ratios Net Direct Net Net and Net Direct Direct Overlapping Overlapping Debt Debt Debt Debt To Indicated Market Value 3.07% 2.16% 2.50% 4.66% Per Capita $1,198 $844 $975 $1,819 Per Capita Adjusted2 $1,096 $772 $892 $1,665 1 Refunded maturities in the amount of $1,200,000 of the $3,200,000 General Obligation Improvement Bonds, Series 1989A, dated July I, 1989, which will be called for redemption on August 1, 1997, at a price of par plus accrued interest. 2 The City's tax base is 7.13% commercial & industrial, 1.18% public utility and .17% railroad operating property, which has been deducted. . -36- n . J rl , I ~ . } rT . J r> ,.J ,. I j ,.., , I n . . r> r, I J n , J " <.-J n , J M . I ~ . I ,...., 1 I n L J r 1 J r> , J $3,120,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, SERIES A CITY OF ANDOVER, MINNESOTA (ANOKA COUNTY) CUMULATIVE BOND YEARS AND WORKSHEET C1 LJ ,..., ~ 1 ., '-1 ., tJ (DEe. 1) YEAR 1998 1999 2000 2001 2002 AMOUNT $650,000 650,000 610,000 605,000 605,000 :-: LJ " BOND YEARS 1,029.167 1,679.167 2,185.833 2,772.917 3,377.917 CUMULATIVE BOND YEARS 1,029.167 2,708.333 4,894.167 7,667.083 11,045.000 ...J -, AVERAGE MATURITY: BONDS DATED: INTEREST PAYMENTS: . J ...., --J " -l REDEMPTION: """' ..J " LJ " ...J -, <.-J .., ., J -, PROPOSAL: d ,..., ...J RATES: -, L.J ~ 3.54006 years. May 1, 1997. 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 fif- teenth (15th) day (whether or not a business day) of the imme- diately preceding month. 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, the Bonds remaining unpaid which have the latest maturity date shall be prepaid first. If only part of the Bonds having a common ma- turity 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 se- lect by lot the beneficial ownership interests in such maturity to be redeemed. Notice of such call shall be given by mailing a no- tice thereof by registered of 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. Sealed proposals of not less than $3,088,800 and accrued inter- est. Good faith check or a Financial Surety Bond for $62,400 must accompany the proposal. Each rate 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. ESTIMATED CLOSING DATE: May 6, 1997. u .., u -37 - J J J o J J PROPOSAL FORM DATED: APRIL 15, 1997 HONORABLE CITY COUNCIL CITY OF ANDOVER ANDOVER, MINNESOTA FOR ALL OF THE $3,120,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1997, SERIES A, OF YOUR CITY AS DESCRIBED IN THE OFFICIAL TERMS OF BOND SALE, WE WILL PAY YOU DOLLARS ($ ) (NOT LESS THAN $3,088,800) PLUS ACCRUED INTEREST FROM THE DATE OF SAID BONDS TO THE DATE OF DELIVERY. SAID BONDS SHALL BEAR INTEREST PAYABLE DECEMBER 1, 1997, AND SEMIANNUALLY EACH JUNE 1 AND DECEMBER 1 THEREAFTER AS FOLLOWS: % - 1998 % - 1999 % - 2000 % - 2001 % - 2002 DESIGNATION OF SERIAL AND TERM MATURITIES 11 J LAST YEAR OF SERIAL MATURITIES YEAR OF TERM MATURITIES D J PRINCIPAL WILL BE PAYABLE AT FIRST TRUST NATIONAL ASSOCIATION, ST. PAUL, MINNESOTA. CUSIP NUMBERS WILL BE ISSUED AT THE COST OF THE SUCCESSFUL UNDERWRITER. THIS PROPOSAL IS FOR PROMPT ACCEPTANCE AND SUBJECT TO ALL TERMS IN THE TERMS OF PROPOSALS. WE ARE TO BE FURNISHED THE APPROVING LEGAL OPINION OF BOND COUNSEL, TOGETHER WITH THE DELIVERY OF THE PRINTED AND EXECUTED BONDS, WITHIN 40 DAYS AFTER AWARD OR AT OUR OPTION THEREAFTER. DELIVER Y WILL BE MADE AT (SPECIAL INSTRUCTlONS-SEE OVER). ACCOUNT MEMBERS: n J o J J J o ACCOUNT MANAGER BY: ACCEPTED FOR THE ADDRESSEE THIS DAY OF APRIL, 1997. BY: MAYOR ATTEST: CITY CLERK --- - ---- --- - - - - - --- -- -- --- -- - -- - --- ---- ---- - ---- --- - --- - - -- - - -- ---- f1 U '1 u WE COMPUTE OUR TOTAL NET INTEREST COST TO BE $ FOR A NET INTEREST RATE OF %. THESE COMPUTATIONS ARE NOT A PART OF THIS OFFER. IT IS NOT NECESSARY TO USE THIS FORM; HOWEVER, ANY PROPOSAL MUST COMPLY WITH THE TERMS STATED IN THIS OFFICIAL TERMS OF BOND SALE. n Ll ,., 11 PLEASE SUBMIT THIS PROPOSAL IN DUPLlCA TE -39 - n I u [Appendix to Official Statement] - . n , w FORM OF CONTINUING DISCLOSURE UNDERTAKING M L.J This Continuing Disclosure Undertaking (the "Disclosure Undertaking") is executed and delivered by the City of Andover, Minnesota (the "Issuer"), in connection with the issuance of $3,120,000 General Obligation Improvement Bonds of 1997, Series A (the "Bonds"). The Bonds are being issued pursuant to a Resolution adopted April 15, 1997 (the "Resolution"). Pursuant to the Resolution and this Undertaking, the Issuer covenants and agrees as follows: ,., i w r; u SECTION 1. Puroose of the Disclosure Undertakinq. This Disclosure Undertaking is being executed and delivered by the Issuer for the benefit of the Owners and in order to assist the Participating Underwriters in complying with SEC Rule 15c2-12 (b) (5) . n U ,., I U SECTION 2. Definitions. In addition to the definitions set forth in the Resolution, which apply to any capitalized term used in this Disclosure Undertaking unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: M J LJ ,.., u "Annual Report" shall mean any annual financial information provided by the Issuer pursuant to, and as described in, Sections 3 and 4 of this Disclosure Undertaking. M , I L..J "Audited Financial Statements" shall mean the financial statements of the Issuer audited annually by an independent certified public accounting firm, prepared pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, modified by governmental accounting standards promulgated by the Government Accounting Standards Board. M , I U n u "Dissemination Agent" shall mean such party from time to time designated in writing by the Issuer to act as information dissemination agent and which has filed with the Issuer a written acceptance of such designation. "Fiscal Year" shall be the fiscal year of the Issuer. n U P"'l LJ n "Governing Body" shall, with respect to the Bonds, have the meaning given that term in Minnesota Statutes, Section 475.51, Subdivision 9. u ,.., LJ n' u 346358.1 r1 u H u " d ..., "MSRB" shall mean the Municipal Securities Rulemaking Board. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. Currently, the following are National Repositories: u ..., ~. J ..., Bloomberg Municipal Repository P.O. Box 840 Princeton, NJ 08542-0840 Phone: (609) 279-3200 Fax: (609) 279-5962 -l ..., ~ ..., Thomson Municipal Services 395 Hudson Street - Third Floor New York, NY 10014 Attn: Municipal Disclosure Phone: (800) 689-8466 Fax: (212) 989-2078 , I ...., o.J ..., Disclosure, Inc. 5161 River Road Bethesda, MD 20816 Attn: Document Acquisitions/Municipal Securities Phone: (301) 215-6015 Fax: (301) 718-2329 u ...., LJ ..., Kenny Information Systems Inc. 65 Broadway - 16th Floor New York, NY 10006-2511 Attn: Repository Services Phone: (212) 770-4595 Fax: (212) 797-7994 LJ ..., ..J ..., Moody's NRMSIR Public Finance Information Center 99 Church Street New York, NY 10007 Phone: (800) 339-6306 Fax: (212) 553-1460 ., u , j ..., R.R. Donnelly Financial Municipal Securities Disclosure Archive 559 Main Street Hudson, MA 01749 Phone: (800) 580-3670 Fax: (508) 562-1969 ..., LJ ..J " "Occurrence(s)" shall mean any of the events listed in Section 5.A. of this Disclosure Undertaking. w ..., '-..l 346358.1 2 -, ..J ..., u n II n "Official Statement" shall be the Preliminary Official Statement dated prepared in connection with the Bonds. Official Statement or , 1997, --' n "Owners" shall mean the registered holders and, if not the same, the beneficial owners of any Bonds. "Participating Underwriter" shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. 1 .. n I J ,..., "Repository" shall mean each National Repository and each State Depository. LJ n "Resolution" shall mean the resolution or resolutions adopted by the Governing Body of the.Issuer providing for, and authorizing the issuance of, the Bonds. , , ..., . } "Rule" shall mean Rule 15c2-12 (b) (5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time or interpreted by the Securities and Exchange Commission. "State" shall mean the State of Minnesota. n I' 1-' LJ "State Depository" shall mean any public or private repository or entity designated by the State as a state depository for the purpose of the Rule. As of the date of this Disclosure Undertaking, there is no State Depository in Minnesota. n I j n SECTION 3. provision of Annual Reports. I l C. Beginning in connection with the Fiscal Year ending on December 31, 1997, the Issuer shall, or shall cause the Dissemination Agent to, not later than December 31, 1998, and by December 31 of each year thereafter, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Undertaking. rl u n I j D. If the Issuer is unable to provide to the Repositories an Annual Report by the date required in subsection A, the Issuer shall send a notice of.such delay and estimated date of delivery to each Repository or to the MSRB and to the State Depository, if any. M L..I n I J SECTION 4. Content and Format of Annual Reports. The Issuer's Annual Report shall contain or incorporate by reference the financial information and operating data pertaining to the Issuer listed below as of the end of the preceding Fiscal Year. M ~J n L..l 346358.1 3 n I: n LJ ..., l.J ..., -, The Annual Report may be submitted to each Repository as a single document or as separate documents comprising a package, and may cross-reference other information as provided in this Disclosure Undertaking. ...J u The following financial information and operating data shall be supplied: ..., - j A. an update of the type of information contained in the Official Statement under the caption ECONOMIC AND FINANCIAL INFORMATION; -, ..J -, B. an update of the type of information contained in the Official Statement under the caption SUMMARY OF DEBT AND DEBT STATISTICS; - J ...J C. an update of the type of information contained in the Official Statement under the caption and subheadings GENERAL INFORMATION - "Major Employers" and "Building Permits"; ..., ...J D. data extracted from preliminary, unaudited financial statements of the Issuer and from past audited financial statements of the Issuer in the form and of the type contained in the Appendix of the Official Statement; and _ l ...., ..., E. audited financial statements of the Issuer. The audited financial statements of the Issuer may be submitted to each Repository separately from the balance of the Annual Report. In the event audited financial statements of the Issuer are not available on or before the date for filing the Annual Report with the appropriate Repositories as set forth in Section 3.A. above, unaudited financial statements shall be provided as part of the Annual Report. The accounting principles pursuant to which the financial statements will be prepared will be pursuant to generally accepted accounting principles promulgated by the Financial Accounting Standards Board, as such principles are modified by the governmental accounting standards promulgated by the Government Accounting Standards Board, as in effect from time to time. If audited financial statements are not provided because they are not available on or before the date for filing the Annual Report, the Issuer shall promptly provide them to the Repositories when available. ...J ..., l J 0-1 L.J --, , ....... -, u ..., ,-J ..., u ..., L.J 346358.1 4 --, u ..., u n L j n SECTION 5. Reoortinq of Sianificant Events. LJ A. This SectionS shall govern the giving of notices of the occurrence of any of the following events with respect to the Bonds, if material: n LJ n (1) principal and interest payment delinquency; (2) non-payment related defaults; II ..., (3) unscheduled draws on debt service reserves reflecting financial difficulties; u n (4) unscheduled draws on credit enhancements reflecting financial difficulties; I_ J (5) substitution of credit or liquidity providers, or their failure to perform; n L.J (6) adverse tax opinions or events affecting the tax- exempt status of the security; n i J (7) modifications to rights of security holders; (8) optional or unscheduled redemption of any Bonds; ..., Ll (9) defeasances; ..., u (10) release, substitution or sale of property securing repayment of the Bonds; and n (11) rating changes. l J B. Whenever an event listed in Section 5.A. above has occurred, the Issuer shall as soon as possible determine if such event would constitute material information for Owners of Bonds. If knowledge of the Occurrence would be material, the Issuer shall promptly file a notice of such Occurrence with each National Repository or the MSRB and with the State Depository, if any. r. u n ~ J ..., C. The Issuer agrees to provide or cause to be provided, in a timely manner, to each National Repository or the MSRB and to the State Depository, if any, notice of a failure by the Issuer to provide the Annual Reports described in Section 4. u n I I SECTION 6. Termination of Reoortinq Obliqation. The Issuer's obligations under this Disclosure Undertaking shall terminate upon the legal defeasance, 'prior redemption or payment in full of all of the Bonds. n L-.l n LJ 346358.1 5 n . J n .- u "1 L.J n u .~ L.J " LJ "1 L.J "1 L.J n L.J -, u " t= j "1 ...J ...., L.J "1 LJ ...., L.J -, u ., u ...., u ., L.J -, ..J " _.J SECTION 7. Dissemination Aqent. The Issuer may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Undertaking, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. SECTION 8. Amendment: Waiver. Notwithstanding any other provision of this Disclosure Undertaking, the Issuer may amend this Disclosure Undertaking, and any provision of this Disclosure Undertaking may be waived, if (a) a change in law or change in the ordinary business or operation of the Issuer has occurred, (b) such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule, and (c) such amendment or waiver is supported by an opinion of counsel expert in federal securities laws to the effect that such amendment or waiver would not materially impair the interests of Owners. SECTION 9. Additional Information. Nothing in this Disclosure Undertaking shall be deemed to prevent the Issuer from disseminating any other information, using the means of dissemination set forth in this Disclosure Undertaking or any other means of communication, or including any other information in any Annual Report or notice of an Occurrence, in addition to that which is required by this Disclosure Undertaking. If the Issuer chooses to include any information in any Annual Report or notice of an Occurrence in addition to that which is specifically required by this Disclosure Undertaking, the Issuer shall have no obligation under this Disclosure Undertaking to update such information or include it in any future Annual Report or notice of an Occurrence. SECTION 10. Default. In the event of a failure of the Issuer to provide information required by this Disclosure Undertaking, any Owner may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the Issuer to comply with its obligations to provide information under this Disclosure Undertaking. A default under this Disclosure Undertaking shall not be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure Undertaking in the event of any failure of the Issuer to comply with this Disclosure Undertaking shall be an action to compel performance. SECTION 11. Beneficiaries. This Disclosure Undertaking shall inure solely to the benefit of the Issuer, the participa- ting Underwriters and Owners from time to time of the Bonds, and shall create no rights in any other person or entity. 346358.1 6 n Lj n SECTION 12. Reserved Riqhts. . The Issuer reserves the right to discontinue providing any information required under the Rule if a final determination should be made by a court of competent jurisdiction that the Rule is invalid or otherwise unlawful or, subject to the provisions of Section 8 hereof, to modify the undertaking under this Disclosure Undertaking if the Issuer determines that such modification is required by the Rule or by a court of competent jurisdiction. l J n L.J n L.J Date: May __, 1997 n LJ CITY OF ANDOVER, MINNESOTA n LJ By Its Mayor n II By Its Clerk n LJ (SEAL) n l) n l J n u n l j n u n LJ n LJ n l J n l j 346358.1 7 n L.J M l J --, u -, ~ --, ~ " LJ " ,~ ,..., u --, u ~-, u --, ,..J --, ...J ,..., u <1 I..J . '-' u --, u --, LJ ,..., I_I .-, U ,..., LJ ,..., u APPENDIX C City's Financial Report The following financial statements are excerpts from the annual financial report for the year ended December 31, 1995. The complete financial report for the year 1995 and the prior two years are available for inspection at the Glencoe City Hall and the St. Paul office of Juran & Moody. The reader of this Official Statement should be aware that the complete financial report may have further data relating to the excerpts presented in the appendix which may provide additional explanation, interpretation or modification of the excerpts. Excerpts from the Financial Report · Combined Balance Sheet - All Fund Types and Account Groups . Combined Statement of Revenue, Expenditures, and Changes in Fund Balance - All Governmental Fund Types and Expendable Trust Funds . Combined Statement of Revenue, Expenditures, and Changes in Fund Balances - Budget and Actual - General and Debt Service Funds . Combined Statement of Revenue, Expenses, and Changes in Retained Earnings - Proprietary Fund Types . Combined Statement of Cash Flows - Proprietary Fund Types . Notes to the Financial Statements ,.., u CITY OF ANDOVER ,.., Combined Balance Sheet All Fund Types and Account Groups As of December 31,1995 (with Comparative Totals as of December 31, 1994) L.J n LJ n L1 Governmental Fund Types Special Debt Capital General Revenue Service Project Assets and Other Debits Assets Cash and temporary investments S 1,591,850 $ 150,161 $ 7,677,854 $ 7,665,011 Cash and investments held by trustee Receivables Accounts 60,056 2,804 Accrued interest 21,005 1,977 157,681 232,008 Delinquent taxes 41,122 368 9,337 Delinquent special assessments 925 36,439 44,719 Deferred special assessments 47 4,766,043 1,581,681 Due from other governmental units 77,356 120 13,291 90,603 Due from other funds 20,000 Due from developer 163,070 Prepaid items 45,203 Inventory 34,218 Property, plant, and equipment, net of accumulated depreciation Other debits Amount available in Debt Service Funds Amount to be provided for long-term debt Total assets and other debits S 1.891.782 $ 152.626 S 12,660,645 $ 9.779,896 n I) n Ll n L1 ,.., L1 n 1.1 n L1 n u n L) ,.., u n u n u ,.., . J r, , J n See notes to financial statements l.} n L J n U .., L1 ..., LJ '. U .., '~ ,., L1 .., -J S ., ..J -, LJ ,., U .., L1 .., U Proprietary Fund Types Enterprise Internal Service Fiduciary Fund Type Trust and Agency Account Groups General General Fixed Assets Long-Term (Unaudited) Debt 834,206 S 50,149 S 567,969 S 93,130 367.618 19,709 5,272 8,462 173 47,525 9,692 20,850,729 ,., U S 22.143,386 .., u ..., u ..., '_I ..., LJ n U n L.J 456 28,422 5,166 7,861,223 S 7,848,274 18.575.392 Totals (Memorandum Only) 1995 1994 S 18,537,200 $ 18,731,952 93,130 56,027 430,478 328,097 438,002 305,697 50,827 61,436 87,355 153,743 6,356,233 3,749,519 181,543 213,014 20,000 20,000 163,070 177,544 92,728 101,228 72,332 30,047 28,711,952 22,366,681 7,848,274 18,575,392 10,038,090 14,136,655 $ 79.027 S 666.265 S 7,861.223 S 26.423.666 S 81.658.516 $ 70.469.730 (continued) n u . CITY OF ANDOVER M Combined Balance Sheet (continued) All Fund Types and Account Groups As of December 31,1995 (with Comparative Totals as of December 31, 1994) l J ,., u n u Governmental Fund Types Special Debt Capital General Revenue Service Project Liabilities, Equity, and Other Credits Liabilities Accounts payable $ 67,550 S 1,516 $ $ 104,505 Contracts payable 287,408 Accrued items 15,810 1,338 Due to other funds 20,000 Due to other governmental units 69,427 Deposits payable Deferred revenue 42,095 40,628 4,811,818 1,809,099 Arbitrage rebate 553 3,890 Contracts for deed Bonds and certificates payable Deferred compensation payable to employees Total liabilities 194,882 43,482 4,812,371 2,224,902 Equity and other credits Investment in general fixed assets Contributed capital Retained earnings Unreserved Fund balance (deficit) Reserved for debt service 8,169,655 Reserved for long-term investments Unreserved Designated for employee benefits Designated for assessment administration Designated for working capital 1,530,047 Designated for capital projects 8,740,772 Designated for equipment 619,954 Designated for future expenditures 166,853 Undesignated 109,144 (321,381) (1,805,732) Total equity and other credits 1,696,900 109,144 7,848,274 7,554,994 Total liabilities, equity, and other credits S 1.891.782 S 152.626 $ 12.660,645 S 9.779.896 See notes to fmancial statements n Li n LJ n l J n u ""' , J n u M Ll n I l n Ll n LJ n L.J n L J r, L.J n LJ n l } " L.J .-, U .., LJ .-, ~ Proprietary Fiduciary Totals -, Fund Types Fund Type Account Groups (Memorandum Only) U General General Internal Trust and Fixed Assets Long-Term " Enterprise Service Agency (Unaudited) Debt 1995 1994 u -, ...J S 10.525 S 14,452 S 4,422 $ $ 240,565 S 443,535 $ 596,385 287,408 138,743 ., 11,728 1,094 89 113,714 143,773 142,600 u 20,000 20.000 2,679 72,106 32,222 ..., 75 361,988 362,063 667,238 _J 2,951 6,706,591 4,174,390 4,443 4,443 ..., 12,387 12,387 25,523 26,057,000 26,057,000 23,900,000 L.J 93.130 93,130 52,547 27,958 15,546 459,629 26,423,666 34,202,436 29,754,091 ., ...J 7,861,223 7,861,223 5,926,180 ..., 20,629,717 50,000 20,679,717 16,322,592 ,--I 1,485,711 13,481 1,499,192 1,167,118 ., 8,169,655 8,535,835 u 2,293,305 ..., 39,934 39,934 20,628 u 166,702 166,702 230,686 1,530,047 760,444 " 8,740,772 5,456,612 :.....J 619,954 46,328 166,853 ..., (2,017.969) (44,089) 22.115,428 63,481 206.636 7,861,223 47,456,080 40,715,639 ,j --, $ 22.143.386 S 79.027 S 666.265 S 7.861.223 S 26.423.666 S 81.658,516 S 70.469.730 u .., u n u n u CITY OF ANDOVER n Combined Statement of Revenue, Expenditures, and Changes in Fund Balance l I All Governmental Fund Types and Expendable Trust Funds Year Ended December 31, 1995 n (with Comparative Totals for Year Ended December 31, 1994) LJ Governmental Fund Types n Special Debt Capital u General Revenue Service Project Revenue n Taxes ad valorem S 1,810,213 S 12,579 S 337,490 S Tax increments 770,354 l I Special assessments 12 3,855,686 396,419 Licenses and permits 410,212 n Intergovernmental 747,627 10,521 190,595 75,570 Charges for services 549,606 u Fines and forfeits 46,152 Other n Interest earned on investments 15,716 2,213 258,557 283,034 Park dedication fees 143,382 l J Refunds and reimbursements 13,228 8 Miscellaneous 3,042 46.246 54 371,819 n Total revenue 3,595,796 71,571 5,412,736 1,270,232 LJ Expenditures n Current General government 932,460 l J Public safety J ,060,21 0 Public works 637,551 93,319 n Sanitation 34,795 - Parks and recreation 329,416 LJ Recycling 58,260 Economic development 22 M Un allocated 93,546 Miscellaneous u Capital projects 7,826,360 Debt service n Principal 7,843,000 LI Interest and other 1,283,040 Total expenditures 3, J 46,260 93,319 9,126,040 7,826,360 n Excess (deficiency) of revenue over expenditures 449,536 (21,748) (3,713,304) (6,556,128) LJ Other financing sources (uses) n Bond and cenificate proceeds (net) 893,767 8,905,199 Sale of property JO,OOO 154,925 , } Operating transfers in 300,988 23,253 400,630 1,122,965 Operating transfers (out) (39.500) (1,769.706) n Total other financing sources (uses) 261.488 33.253 1,294,397 8,413.383 LJ Excess (deficiency) of revenue and other financing sources over expenditures n and other financing uses 711,024 11,505 (2,418,907) 1,857,255 , , Fund balance Beginning of year 985.876 97,639 10,038,090 5,926,830 rl Residual equity transfers in 464.633 3,227,922 Ll Residual equity transfers (out) (235.542) (3,457,013) End of year S 1.696.900 S 109.144 $ 7.848,274 S 7.554.994 n 'I See notes to financial statements n l J " u n u ...., U Fiduciary Totals .., Fund Type (I\lemorandum Only) U Expendable Trust 1995 1994 ...., S S 2.160,282 S 1,823,119 U 770,354 707,388 4,252,117 4,336.86 ] " 410,212 4]0,733 1,024,313 1,723,493 u 549,606 227,960 46,152 40.496 ...., 7,344 566,864 868,126 U 143,382 140,074 13,236 43,104 ...., 32.401 453.562 134.401 39,745 10.390.080 10,455,755 L.J ...., U 932.460 804,726 1,060,210 970,174 " 730,870 677,692 34,795 51,522 ...J 329,4 J 6 294.158 58.260 49,574 .. 22 21.9]6 93,546 86.278 L.J 21.423 2] .423 5.649 7,826,360 5,249,436 " 7,843,000 6.468.000 U J .283.040 1,391.180 21.423 20.213.402 16,070.305 " u 18,322 (9,823.322) (5,614,550) " 9,798,966 5,843,60 I u ] 64.925 79,827 8,000 1,855,836 4,731,827 ..., (71.000) (1.880.206) (4.7J 7.397) (63,000) 9.939.521 5.937.858 L.J .. (44,678) 116,199 323,308 u " 25J,314 Ji,299,749 16,976.441 3,692,555 1.274,326 U (3.692.555) ( 1.274.326) ...., S 206.636 S 17.4J5.948 S 17.299.749 ~ ...., U n u CITY OF ANDOVER n Combined Statement of Revenue, Expenditures, and Changes in Fund Balance Budget and Actual General and Debt Service Funds Year Ended December 31, 1995 LJ n L} Revenue Taxes ad valorem Tax increments Special assessments Licenses and permits Intergovernmental Charges for services Fines and forfeits Other Interest earned on investments Refunds and reimbursements Miscellaneous Total revenue General Fund Over (Under) Budget Actual Budget S 1,829,352 S 1,810,213 $ (19,139) 369,655 410,212 40,557 759,320 747,627 (11,693) 360,623 549,606 188,983 39,000 46,152 7,152 33,000 15,716 (17,284) 14,760 13,228 (J ,532) 4,300 3,042 (1,258) 3,410,010 3,595,796 185,786 n u ,...... Lj n Lj n u n LJ Expenditures Current General government Public safety Public works Sanitation Parks and recreation Recycling Economic development Unallocated Debt service Principal Interest and other Total expenditures n LJ 951,735 932,460 (19,275) 1,073,928 1,060,210 (13,718) 812,317 637,551 (174,766) 60,155 34,795 (25,360) 341,645 329,416 (12,229) 48,865 58,260 9,395 22 22 184,365 93,546 (90,819) n LJ n Ll n l l 3,473,010 3,146,260 (326,750) n Excess (deficiency) of revenue over expenditures (63,000) 449,536 512,536 Ll Other financing sources (uses) Bond and certificate proceeds (net) Operating transfers in Operating transfers (out) Total other financing sources (uses) n 71.000 (8,000) 63,000 300,988 (39,500) 261,488 229,988 (31,500) 198,488 ,j .n Excess (deficiency) of revenue and other financing sources over expenditures and other financing uses LJ $ 711,024 $ 711.024 n Fund balance Beginning of year Residual equity transfers in Residual equity transfers (out) L J 985,876 n LJ End of year S 1.696.900 n See notes to financial statements LJ M , J n Li - Li Debt Service Funds J Over (Under) t Budget Actual Budget U S 335,531 S 337,490 S 1,959 220,000 770,354 550,354 1,456,580 3,855,686 2,399,106 Li — — — 199,821 190,595 (9,226) J - - 287,500 258,557 (28,943) — 54 54 2,499,432 5,412,736 2,913,304 'l J 'l 7,143,000 7,843,000 700,000 1,300,437 1,283,040 (17,397) 8 9,126,040 682,603 J (5,944,005) (3,713,304) 2,230,701 — 893,767 893,767 37,630 400,630 363,000 37,630 1,294,397 1,256,767 J 5 (2,418,907) S 3,487,468 tJ 10,038,090 —� 464,633 Li (235,542) S 7,848,274 t__l �J n u CITY OF M'DOVER n Combined Statement of Revenue, Expenses, and Changes in Retained Earnings ' I Proprietary Fund Types Year Ended December 31,1995 n (with Comparative Totals for Year Ended December 31, 1994) ,j Totals n Internal (Memorandum Only) LJ Enterprise Service 1995 1994 Operating revenue M User charges S 1,149,898 S 187,800 S 1,337,698 S 1,128,789 Meters 44,723 44,723 48,238 LJ Permit fees 13,600 13,600 18,200 Penalties 18,304 18,304 19,279 n Other 21,736 21,736 3,644 Lj Total operating revenue 1,248,261 187,800 1,436,061 1,218,150 n Operating expenses l I Personal services 247,151 57,979 305,130 248,814 Supplies 31,498 104,571 136,069 117,868 n Meters, etc. 599 Other services and charges 122,964 38,235 161,199 137,226 LJ Disposal charges 423,121 423,121 362,880 Capital outlay 38,657 38,657 32,193 n Total operating expenses 824,734 239,442 1,064,176 899,580 , j Operating income (loss) before depreciation 423,527 (51,642) 371,885 318,570 n u Depreciation 476,525 476,525 441,032 n Operating loss (52,998) (51,642) (104,640) (122,462) , J Other income Interest income (charged) 25,365 (482) 24,883 24.482 n l J Loss before operating transfers (27,633) (52,124) (79,757) (97,980) n Operating transfers in 30,500 31,500 62,000 43,200 L.J Operating transfers (out) (37,630) (37,630) (57.630) Total operating transfers (7,130) 31.500 24,370 (14,430) r- Net loss (34,763) (20,624) (55,387) (112,410) LJ n Less capital contributed from utility customers (45,319) (45,319) (44,638) Add credit for depreciation on contributed assets 432,780 432,780 411,851 LJ Income (loss) closed to retained earnings 352,698 (20,624) 332,074 254,803 n LJ Retained earnings Beginning of year LI33,013 34.1 05 1,167,118 912,315 n End of year S 1.485.711 S 13.481 S 1.499,192 S 1.167.1 18 LI n See notes to financial statements ,J n II ...., u CITY OF ANDOVER ...., u Combined Statement of Cash Flows Proprietary Fund Types " Year Ended December 31, 1995 u (with Comparative Totals for Year Ended December 31, 1994) ...., Totals Internal (Memorandum Only) LJ Enterprise Service 1995 1994 Cash flows from operating activities ...., Operating loss $ (52,998) $ (51,642) $ (104,640) $ (122,462) u Adjustments to reconcile operating loss to net cash provided (used) by operating activities "1 Depreciation 476,525 476,525 441,032 u Change in assets and liabilities Receivables Accounts (93,170) 181 (92,989) (47,337) ...., Delinquent special assessments (1,569) (1,569) (1,244) ....J Deferred special assessments 20,244 Due from other governmental units 208 208 (13) ...., Prepaid items (11,822) (11,822) (5,463) ...J Inventory (3,586) (5,858) (9,444) (1,542) Accounts payable (1,856) 4,557 2,701 3,185 ...., Accrued items (5,372) 342 (5,030) 4,142 Due to other governmental units 153 153 (163) L.J Deposits payable 13 Deferred revenue 1,569 1,569 1,244 -, Net cash provided (used) ...J by operating activities 308,082 (52,420) 255,662 291,636 ...., Cash flows from capital and related financing activities --J Acquisition of capital assets (142,167) (142,167) (102,490) " Cash flows from investing activities Interest received (paid) 16,574 (116) 16,458 26,504 ..J Cash flows from non capital fmancing activities ...., Operating transfers in 30,500 31,500 62.000 43,200 u Operating transfers (out) (37,630) (37.630) (57,630) Net cash provided (used) by " noncapital fmancing activities (7,130) 31.500 24,370 (14,430) u Net increase (decrease) in cash and ...., temporary investments 175,359 (21,036) 154,323 201,220 L.J Cash and temporary investments Beginning of year 658,847 71,185 730,032 528,812 " ...J End of year S 834.206 S 50,149 S 884.355 S 730.032 ...., Noncash capital and related financing activities U Property and equipment contributed from Capital Project Funds S 4.744,586 S $ 4.744,586 S ,.., U See notes to financial statements .., U n LJ CITY OF ANDOVER n Notes to Financial Statements December 31, 1995 l I n LJ NOTE 1 - SUMMARY OF SIGNIFICA.."\T ACCOUNTING POLICIES n L J A. Organization n The City operates under "Optional Plan A" form of government as defmed in State of Minnesota Statutes. The City Council, composed of an elected mayor and four elected trustees or councilmembers, exercises legislative authority and determines all matters of policy. L} n LJ The accounting policies of the City conform to generally accepted accounting principles as applicable to governmental units. M B. Reporting Entity l J n The City's financial statements include all funds, account groups, depanments, agencies, boards, commissions. and any component units of the City (the primary government). Component units are legally separate entities for which the primary government is fmancially accountable, or for which the exclusion of the component unit would render the financial statements of the primary government misleading. The criteria used to detennine if the primary government is fmancially accountable for a component unit include whether or not the primary government appoints the voting majority of the potential component unit's board, is able to impose its will on the potential component unit, is in a relationship of fmancial benefit or burden with the potential component unit, or is fiscally depended upon by the potential component unit. LJ n , J n LJ Based on these criteria, the Andover Economic Development Authority (EDA) is included as a component unit of the City. Because the EDA's board is made up of Andover's mayor and councilmembers, its fmancial data has been blended with that of the City (Le., reported as though its funds were funds of the City). M Ll n L I C. Basis of Statement Presentation n The accounts of the City are organized on the basis of funds and account groups, each of which is accounted for as an independent entity. A description of the fund types and account groupsc.jncluded in the report are as follows: . l ,..., LI 1. Goverrunental Fund Types ,., a. General Fund - The General Fund is used to account for all financial resources except those required to be accounted for in another fund. Ll M b. Special Revenue Funds - The Special Revenue Funds are used to account for the proceeds of certain specific revenue sources (other than expendable trusts or major capital projects) that are legally restricted to expenditures for specified purposes. II ,..., LJ ,., . J n , J ...., LJ " CITY OF ANDOVER u ...., Notes to Financial Statements (continued) December 31, 1995 LJ ...., NOTE 1 - SUMMARY OF SIGNIFICAl'iT ACCOlJNTING POLICIES (CONTLN1JED) i-J ..., c. Debt Service Funds - The Debt Service Funds are used to account for the accumulation of resources for, and payment of principal, interest, and related costs of bonded general long-term debt obligations. u ...., d. Capital Project Funds - The Capital Project Funds are used to account for fInancial resources to be used for the acquisition or construction of major capital facilities or equipment (other than those [manced by Proprietary Funds and Trust Funds), LJ ...., -J 2. Proprietary Fund Types ., a. Enterprise Funds - The Enterprise Funds are used to account for operations that are fInanced and operated in a manner similar to private business enterprises - where the intent of the governing body is that the costs of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. ...., ;..j u ...., b. Internal Service Fund - The Internal Service Fund is used to account for the City's Central Equipment Maintenance operations. Internal Service Fund operations are operated in a manner similar to Enterprise Funds, except that the services are provided primarily to other deparonents within the City. LJ " u 3. Fiduciary Fund Type " a. Trust and Agency Funds - The Trust and Agency Funds are used to account for assets held by the City in the capacity of trustee or agent. u ...., 4. Account Groups L.J a. General Fixed Assets (Unaudited) - This group of accounts contains the fIxed assets of the governmental fund types, " ...., b. General Long-Term Debt - This group of accounts contains the long-term obligations of the City other than those liabilities included in the Proprietary Funds. u LJ D. Measurement Focus and Basis of Accounting LJ The accounting and [mancial reporting treatment applied to a fund is determined by its measurement focus and its basis of accounting. ...., ...., LJ " u .., u n L.1 CITY OF ANDOVER ,..., , I Notes to Financial Statements (continued) December 31,1995 r' L.1 NOTE 1 - SU1\fl\HRY OF SIGl\'1FICAc'iT ACCOUl\'TING POLICIES (CONTL"lJED) n Ll Measurement Focus M The measurement focus of a fund determines what the fund measures. ,} All Goverrunental and Expendable Trust Funds are accounted for using a current fmancial resources measurement focus. With this measurement focus, only current assets and current liabilities generally are included on the balance sheet. Operating statements present increases (revenue and other fmancing sources) and decreases (expenditures and other financing uses) in net current assets. n L.J M l J Fixed assets used in goverrunental fund type operations and long-term liabilities expected to be financed from goverrunemal funds are accounted for in two account groups, as they are concerned only with the measurement of financial position, and are not involved with measurement of results of operations. n L.1 Proprietary Funds are accounted for on a flow of economic resources measurement focus, With this measurement focus, all assets and liabilities associated with the operation of these funds are included on the balance sheet. Fund equity (net total assets) is segregated into contributed capital and retained earnings components. Proprietary fund type operating statements present increases (revenues) and decreases (expenses) in net total assets. M 'J n L.1 Agency Funds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations. n LJ Basis of Accounting ,..., A fund's basis of accounting determines when a transaction or event is recognized in the fund's operating statement. LJ n The modified accrual basis of accounting is used by all governmental fund types, Expendable Trust Funds, and Agency Funds. Under this basis of accounting, transactions are recorded in the following manner: LJ ,..., L Revenue Recognition - Revenue is recognized when it becomes measurable and available. "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. , } n u Major revenue that is susceptible to accrual includes property taxes, special assessments, intergovernmental revenue, charges for services, and interest earned on investments. Major revenue that is not susceptible to accrual includes licenses and permits, fees, and miscellaneous revenue. Such revenue is recorded only when received because it is not measurable until collected. ,...., LJ n , J n L l n , I ...., u It u It u ...., '-.J " u ...., L1 -, '-.J .-, --J " lJ " lJ ~ ~ -, u ...., u " u .-, u ..., u ..., u n LJ ...., u CITY OF ANDOVER Notes to Financial Statements (continued) December 31, 1995 NOTE 1 - SUMMARY OF SIG!\"1FICANT ACCOUNTING POLICIES (CONTINUED) 2. Recording of Expenditures - Expenditures are recognized under the modified accrual basis of accounting when the related fund liability is incurred. However, expenditures are recorded as prepaid for approved disbursements or liabilities incurred in advance of the year in which the item is to be used. Principal and interest on general long-term debt is recognized when due. Proprietary Funds are accounted for using the accrual basis of accounting. Under this method, revenues are recognized when earned and expenses are recognized when they are incurred. The City applies all applicable pronouncements of the Financial Accounting Standards Board in accounting and reporting for its proprietary operations. E. Cash and Investments Cash balances from all funds are combined and invested to the extent available in short-term investments. Earnings from the pooled investments are allocated to the individual funds based on the average monthly cash and investment balances of the respective funds. Cash and investments held by trustee include balances held in segregated accounts established for specific purposes. Interest earned on these investments is allocated directly to the fund. In the Expendable Trust and Agency Funds, a trust account has been established for deferred compensation payable to employees. Investments are generally stated at cost or amortized cost, except for assets of the Deferred Compensation Plan Agency Funds, which are reported at market value. The carrying value of the City's equity in the Piper Jaffray "Institutional Goverrunent Income Portfolio Fund" was reduced by approximately $650,000 during the fiscal year ended December 31, 1995, due to a significant drop in the market value of the shares of the investment pool. See also Note 18. F. Budget The amounts shown on the fmancial statements as "Budget" represent the revised budget amounts based on the modified accrual basis of accounting. Budgets are adopted annually by the Council for the General and Debt Service Funds. Neither Minnesota Statutes nor City Code establish a legal level of control for the budgets presented. The 1995 budget was amended at the departmental level. The "Combined Statement of Revenue, Expenditures, and Changes in Fund Balance - Budget and Actual" reflects all budgetary to actual comparisons for goverrunental funds budgeted by the City. Encumbrance accounting is not used and expenditure appropriations lapse at year-end. Budgeted appropriations (including operating transfers out) sho\\'Il are as originally adopted except for the following budget amendments: Original Budget Amendments Amended Budget General Fund $ 3,301,250 $ 179,760 $ 3,481,010 n LJ CITY OF ANDOVER ,...., Notes to Financial Statements (continued) December 31, 1995 l I rl LJ NOTE 1 - SuMMARY OF SIGNIFICA.~'T ACCOUl'i'TING POLICIES (CONTThll.i'ED) n LJ G. Property Taxes M Property tax levies are set by the City Council in December of each year, and are cenified to Anoka County for collection in the following year. In Minnesota, counties act as collection agents for all property taxes. L I n A ponion of the property taxes levied is paid by the State of Minnesota through Homestead and Agricultural Credit Aid (HACA) which is included in intergovernmental revenue in the financial statements. LJ M LI The county spreads all levies over taxable property. Such taxes become a lien on January 1 and are recorded as receivables by the City on that date. Revenue is accrued and recognized in the year collectible. Taxes which remain unpaid at December 31 are classified as delinquent taxes receivable. Revenue from property taxes which is not collected within 60 days of year-end is deferred since it is not available to meet obligations of the current year. n LJ M L.I Real property taxes may be paid by taxpayers in two equal installments on May 15 and October 15. Personal property taxes are due in full on May 15. The county provides tax settlements to cities and other taxing districts several times throughout the year. rl LJ H. Special Assessments rl LJ Special assessments represent the financing for public improvements paid for by benefitting property owners. These assessments are recorded as receivables upon cenification to the county or upon completion of the project costs and passage of a Council resolution with the actual cenification taking place subsequent to year-end. The corresponding revenue from the delinquent (unremitted) and deferred (cenified but not yet levied) special assessments receivable is deferred until the year in which it becomes available (collected within 60 days of year-end). n L I n LJ I. Inventories n The inventories of the General Fund and the Proprietary Funds are stated at cost on the frrst-in, first-out basis. The General Fund accounts for inventory using the consumption method. General Fund inventory consists of signs and miscellaneous other items. Proprietary Funds inventory consists of water meters, miscellaneous pans, and other items. LJ rl LJ n J. Property, PIant, and Equipment , I 1. General Fixed Assets Account Group (Unaudited) - The City does not maintain records which provide complete detailed accounting control over quantities and original costs of assets in this account group. Fixed assets are valued at historical cost or estimated historical cost. No depreciation has been provided on general fixed assets. The costs of property, plant, and equipment are accounted for as current expenditures of the goverrunental fund types in the year purchased. The City elected not to record infrastructure fixed assets in its accounting records. rl LJ n LJ n l J ~ L.J " L.J " u " ....J r-, u ,...., u -, u -, u " ..J ., u " ...J -, '.J " ...J " u ., --J " ...J ., ..J ...., LJ ...., u CITY OF ANDOVER Notes to Financial Statements (continued) December 31, 1995 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CO!'."TL'lUED) 2. Proprietary Fund Type - Fixed assets of the Proprietary Funds are stated at cost, estimated cost, or, in the case of contributions, at fair market value at the time received. Depreciation has been provided using the straight-line method over the estimated useful lives of the assets, as follows: Furniture and equipment Machinery Collection and distribution systems 3-15 years 20 years 50 years Depreciation on contributed assets charged to operations is closed to the contributed equity account. K. Compensated Absences City employees eam vacation and sick pay accruing each payroll period. Unused vacation can be accrued by the employees up to a maximum of 200 hours as of the anniversary date of the individual's employment with the City. In the governmental fund types, the liability for vacation pay is recognized in the General Fund to the extent it is expected to be paid from expendable available financial resources. The remianing liability is recorded in the General Long-Term Debt Account Group. Proprietary fund types expense vacation pay as it accrues, with the liability being recorded in the respective fund. Employees can also accrue an unlimited amount of unused sick leave. Employees with two or more years of service are entitled to receive severance pay equal to a percentage of unused sick pay ranging from 20- 50% based on years of service, up to a maximum of 400 hours. The liability for severance pay is accounted for the same as accrued vacation pay. L. Memorandum Only Columns Because the accounting system is organized and operated on a fund basis, the colUIIUlS on the combined financial statements captioned, "Totals (Memorandum Only)," are presented for informational purposes only and are not intended to represent consolidated information. Data in these colUIIUlS does not present financial position, results of operations, or cash flows in conformity with generally accepted accounting principles. Interfund eliminations have not been made in the aggregation of this data. M. Comparative Data Comparative total data for the prior year has been presented in the accompanying financial statements in order to provide an understanding of changes in the City's fmancial position and operations. However, comparative data has not been presented in all statements because its inclusion would make certain statements unduly complex and difficult to understand. Certain prior year amounts have been reclassified to conform to the current year presentation. n. LI n CITY OF ANDOVER l 1 Notes to Financial Statements (continued) December 31, 1995 n L.1 n NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (COl'iiINUED) LI N. Statement of Cash Flows n l I For purposes of the Statement of Cash Flows, the City considers all highly liquid debt instruments with an original maturity from the time of purchase by the City of three months or less to be cash equivalents. The Proprietary Funds' equity in the City-wide cash and investtnent management pool is considered to be cash equivalent. n LJ ,.., O. Risk Management (I The City is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; and natural disasters. The City participates in the League of Minnesota Cities Insurance Trust (LMC Trust), a public entity risk pool for its general property and casualty, workers' compensation, and other miscellaneous insurance coverages. The LMC Trust operates as a common risk management and insurance program for approximately 780 cities. The City pays an annual premium to the LMC Trust for insurance coverage. The LMC Trust agreement provides that the Trust will be self- sustaining through member premiums and will reinsure through commercial companies for claims in excess of certain limits. The major reinsurance points are generally S200,OOO per occurrence for property loss or damage and $450,000 per occurrence for workers' compensation. n Ll ,-, l J n Ll The City also carries commercial insurance for certain other risks of loss, including employee health insurance. Settled claims resulting from these risks have not exceeded commercial insurance coverage in any of the past three fiscal years. n LI M L.1 NOTE 2 - DEPOSITS AND INVESTMENTS n. A. Deposits Ll In accordance with applicable Minnesota Statutes, the City maintains deposits at depository banks authorized by the City Council. ,-, , I Minnesota Statutes require that all deposits be protected by insurance, surety bond, or collateral. The market value of collateral pledged must equal 110% of the deposits not covered by insurance or bonds (140 % in the case of mortgage-backed collateral). n L J n Authorized collateral includes the legal investtnents described below, as well as certain frrst mortgage notes and certain other state or local government obligations. Minnesota Statutes require that securities pledged as collateral be held in safekeeping by the City or in a financial institution other than that furnishing the collateral. l J n L l n L 1 ,..., l J .. u n L.J .. LJ .. '..J n u n L1 n '-.J -, ....J " -1 .. LJ " ..J " ...J .. ...J ....., ....J .. :...j " L.J '\ LJ ,.., u .. u CITY OF ANDOVER Notes to Financial Statements (continued) December 31, 1995 NOTE 2 - DEPOSITS AND INVESTMENTS (CONTll\'UED) At year-end, the carrying amount of the City's deposits was $880,762, while the balance on the bank records was $1,269,328. All deposits were insured or covered by collateral (with market value exceeding 110% of deposits) held by the City or its agent in the City's name. B. Investments The City may also invest idle funds as authorized by Minnesota Statutes, as follows: direct obligations or obligations guaranteed by the United States or its agencies; shares of invesonent companies registered under the Federal Invesonent Company Act of 1940 and whose only invesonents are in securities described above; general obligations of the State of Minnesota or any of its municipalities; bankers' acceptances of United States' banks eligible for purchase by the Federal Reserve System; conunercial paper issued by United States' corporations or their Canadian subsidiaries, of the highest quality, and maturing in 270 days or less; repurchase or reverse purchase agreements with banks that are members of the Federal Reserve System with capitalization exceeding $10,000,000, a primary reporting dealer in U.S. government securities to the Federal Reserve Bank of New York, or certain Minnesota securities broker-dealers; and futures contracts sold under authority of Minnesota Statutes ~ 471.56, Subd. 5. The City's invesonents are categorized on the following page to give an indication of the level of custodial credit risk assumed at year-end. Category 1 includes invesonents that are insured or registered or for which the securities are held by the City or its agent in the City's name. Category 2 includes uninsured and unregistered invesonents for which the securities are held by the counterparty's trust department or agent in the City's name. Category 3 includes uninsured and unregistered invesonents for which the securities are held by the counterpart)' or by its trust department or agent but not in the City's name. ~ I..J CITY OF ANDOVER ~ Notes to Financial Statements (continued) December 31, 1995 C J ~ LJ NOTE 2 - DEPOSITS AND INVESnlEl\'TS (C01'o'TIN1JED) n Deposits and investment balances at December 31, 1995 are as follows; 1..1 ,.., Custodial Credit Risk Cateeory 2 3 Carrying Value Market Value LI 624,518 6,816,516 6.812.763 ~ State and focal government securities U.S. government securities Commercial paper . $ 611,191 $ 6,059,722 5,276.516 - $ - $ 611,191 $ 449,906 6.509,628 1.471.769 6,748.285 LJ S 11.947,429 $ M - $ 1,921.675 13,869,104 14,253,797 1..1 Unclassified - investment pools U.S, government security mutual funds Money market funds Held by trustees n 3,735,556 51,128 93.130 3,717,656 51,128 93.130 LJ n Toral investments 17,748,918 S 18.115.711 C_J Deposits Cash on hand 880,762 650 n 'J Total deposits, cash on hand, and investments $ 18.630.330 ~ Deposits, cash on hand, and investments are reported on the City's combined balance sheet as follows: l J Cash and temporary investments Cash and investments held by trustee n $ 18.537,200 93,130 L I Total deposits and investments " $ 18.630,330 LJ n NOTE 3 - DUE FROM DEVELOPER , I As pan of a development agreement the City entered into with a private developer in May 1989, the City received a promissory note for $243,520 from the developer. The note is to reimburse the City for the fiscal disparities' contributions the City lost due to the establishment of a tax increment fmancing district for the development project. The note bears an interest rate of 5.50% and calls for 180 equal monthly payments to be made to the City through August 2003. At December 31,1995, the remaining principal due of $163,070 is offset by deferred revenue as it is not available to fmance current activities. ~ l J n I.. j n L J .., , J n , , ., LJ CITY OF ANDOVER " --J Notes to Financial Statements (continued) December 31, 1995 '\ LJ '\ NOTE 4 - DUE FROM OTHER GOVER"-il'vIENTAL UNITS LJ The amounts due from other governmental units at December 31,1995 are comprised of the following: r-, '....J " Due from State of Minnesota State share of street improvement projects Department of Natural Resources Total due from State of Minnesota $ 19,628 60,000 79,628 ...J ....J Due from Anoka County Unremitted taxes collected Unremitted special assessments collected Reimbursement of Community Development Block Grant expenditures County share of recycling program costs Court fines and other Total due from Anoka County 29,121 17,083 " ...J '\ ...., 22,251 25,943 7,517 101,915 '-..I Total from all sources $ 181,543 ...., LJ '\ NOTE 5 - PROPERTY A1'\TJ) EQUIPMENT ;..J ...., A. Proprietary Fund Type Property and Equipment A summary of proprietary fund type property, equipment, and accumulated depreciation follows: Water Sewer Total Furniture and equipment $ 517,065 $ 108,005 S 625,070 Machinery 898,814 898,814 Collection and distribution systems 9,729,204 13,694,906 23,424,110 11,145,083 13,802,911 24,947,994 Less accumulated depreciation 1,605,978 2,491,287 4,097,265 S 9,539,105 S 11 ,311 ,624 $ 20,850,729 " ..J ...., L1 u '\ LJ ...., u ...., LJ .-, u n u ,-, Ll CITY OF ANDOVER r> Notes to Financial Statements (continued) December 31, 1995 l I ,-, ,} NOTE 5 - PROPERTY Al'i"D EQUIPMEr-.! (CONTThTUED) n B. Changes in General Fixed Assets LJ A schedule of changes in general frxed assets (unaudited) by major asset type follows: Balance Balance Beginning End of of Year Additions Deletions Year Land and improvements $ 1,090,304 $ 1,450,013 $ 66,901 $ 2,473,416 Buildings and improvements 1,934,428 76,447 2,010,875 Furniture and equipment 434,114 154,753 588,867 Machinery and automotive equipment 2,467,334 320,731 2,788,065 $ 5,926,180 $ 2,001,944 S 66,901 $ 7,861,223 ,.., l J n L J n L.1 ,-, LJ ,-, L J NOTE 6 - LONG-TERM DEBT n A. Summary of Changes in Long- Tenn Debt LJ The following is a summary of changes in long-term debt of the City for the year ended December 31, 1995: n LJ Balance Balance Beginning New Debt Debt End of of Year Issues Retired Year General long-term debt General Obligation Bonds S 23,590,000 $ 9,485,000 $ 7,725,000 $ 25,350,000 Certificates of Indebtedness . 310,000 515,000 118,000 707,000 Assessments on City property 147,080 93,485 240,565 Contracts for deed payable 25,523 13,136 12,387 Compensated absences payable - net 102,142 11,572 113,714 Total general long-term debt $ 24,174,745 S 10,105,057 S 7,856,136 $ 26,423,666 rl L J ,.., l I n l I n LJ M L.1 ,-, LI ,-, L J n l. " LJ CITY OF ANDOVER " '....J Notes to Financial Statements (continued) December 31, 1995 ., ;..j ., NOTE 6 - LONG-TERM DEBT (CO~'TINUED) LJ B. Components of Long-Term Debt ...., Final Balance .--1 Original Interest Issue Maturity at Issue JUte Date Date Year-End " Generallong-tenn debt LJ General Obligation Bonds Special Assessment Bonds Improvemenl Bonds of Series 1977A S 1,215.000 5.00% 2-1,1977 1-1,2006 S 635,000 ., Improvement Bonds of 1978 S 270,000 5.25-6.00% 11-1,1978 2,1,1999 80,000 ...J Improvement Bonds of Series 1985A S 300,000 8.25-9.60% 2-1-1985 2-1-2000 125,000 Improvement Bonds of Series 1986A S 1,795,000 5.00-7.90% 7-1-1986 8,1-2001 820.000 Improvement Bonds of Series 1986B $ 2.600,000 4.75-6.30% 10-1-1986 10-1-1996 340,000 " Refunding Bonds of Series 1986C S 2.485,000 6.00-7.40% 8,1,1986 8,t-2002 1.435,000 Improvement Bonds of Series 1989A $ 3.200.000 6.10-6.80% 7-1-1989 8,1-2001 1.800,000 LJ Improvement Bonds of Series 1993A $ 3,650,000 4.55% 8-1-1993 8-1,2003 2.920.000 Improvement Bonds of Series 1994C $ 1.140.000 5.05-5.75% 10-1-1994 2,1-2006 1.140,000 " Temporary Improvement Bonds of Series t994D $ 3,705,000 4.60% 10-1-1994 10-1-1997 3.705,000 L....I Improvement Bonds of 1995A $ 2,605.000 4.80-5.30% 6-1-1995 2-1-2006 2,605,000 Refunding Bonds of Series 1995B S 825,000 4.40-4.85% 6-1-1995 8-1-2000 825,000 Tax Increment Bonds ~ G.O. Tax Increment LJ Bonds of Series 1993B $ 520.000 4.65% 8-1-1993 8,1-2003 420,000 G.O. Tax Increment Refunding Bonds of Series 1994B S 885,000 5.55-7.87% 5,1,1994 5-1-2004 795,000 ...., G.O. Tax Increment Bonds of Series 19950 $ 6,055,000 4.50-5.60% 10-1,1995 2-1-2013 6,055,000 U G.O. Stale-Aid Street Bonds 1988 S 500,000 5.60-6.80% 8-I-t988 8,1-1998 150,000 " G.O. Fire Station Bonds of Series 199IA $ 2.500.000 5.00-6.50% 7-1-1991 7-1-2001 1.500.000 U Total General Obligation Bonds 25.350,000 -, Certificates of Indebtedness 1992 Certificates of Indebtedness S 180.000 4.25-5.75% 8-1-1992 8-1-1997 72.000 U I994A Certificates of Indebtedness $ 150,000 3.55-4.25 % 3-1-1994 3-1-1999 120,000 1995C Certificates of Indebtedness S 515,000 4.40-4.85 % 6-1-1995 2-1,2000 515.000 ....., Total Certificates of Indebtedness 707,000 LJ Assessments on City property S 338.174 6.25,10.70% N/A 2001. 240.565 ., Contracts for deed payable Park property S 47.430 9.00% 8,5-1991 8.J-t996 9,486 L1 Street right of ways S 13,000 8.50% 6-1-1993 6-1-1996 2,901 Total contracts for deed payable 12.387 ...., Compensated absences payable N/A N/A N/A N/A 113.714 LJ Total generallong-tenn debt S 26.423.666 " U ~ LJ ,...., U ,.., LJ CITY OF ANDOVER ,.., Notes to Financial Statements (continued) December 31, 1995 . I ,.., , J NOTE 6 - LONG-TERl\1 DEBT (CONTINliED) n I J C. Minimum Debt Payments ,.., Minimum annual principal and interest payments required to retire long-term debt, excluding assessments on City property and compensated absences payable: I J n General Certificates Year Ending Obligation of December 31 Bonds Indebtedness 1996 $ 3,464,552 141,668 1997 7,096,389 142,478 1998 3,121,046 149,790 1999 2,962,228 192,687 2000 2,814,328 179,244 Thereafter 13,768,101 33,226,644 805,867 Less amount representing interest 7,876,644 98,867 $ 25,350,000 $ 707,000 D. Descriptions and Restrictions of Long-Term Debt LJ Contracts for Deed Total M 13,080 L J 13,080 3,619,300 7,238,867 3,270,836 3,154,915 2,993,572 13,768,101 34,045,591 n Ll ,..., I J n 693 7,976,204 LJ n 5 12,387 $ 26,069,387 LJ rl General Obligation Bonds classified by major source of repayment are as follows: L I o Special Assessment Revenue - These bonds were issued to finance various improvements and will be repaid primarily from special assessments levied on the properties benefitting from the improvements. Some issues, however, are partly financed by ad valorem levies. ... L J n In June 1995, the City issued $825,000 of General Obligation Improvement Refunding Bonds, Series 1995B. The proceeds were used to advance refund the 1996 through 2000 mamrities of the City's $2,350,000 General Obligation Improvement Bonds of 1985, which were called on August 1, 1995. As a result of this advance refunding, the City will reduce total debt service payments by approximately $81,000 over the next five years and will recognize an economic gain (the difference between the present value of the debt service payments on the refunded and refunding bonds) of approximately 571,000. . J n L J ,..., , } o Tax Increment Levies - These bonds were issued for redevelopment projects. The additional tax revenue resulting from increased taxable valuation of the redeveloped properties is used to retire the related debt. ,.., LI n L J ..., , J --, LJ " u ., ~ --, CITY OF ANDOVER Notes to Financial Statements (continued) December 31, 1995 NOTE 6 - LONG-TER\1 DEBT (CONTJ]\(lJED) u --, l.J ...., u ~ o State-Aid - These bonds were issued to fmance the construction, improvement, or repair on state- aid streets within the City. The issues will be repaid from allocations made to the City's accounts in the Municipal State-Aid Street Debt Service Fund. o Ad Valorem Levies - These bonds were issued to finance the costs of constructing and equipping two new fire stations. The issues will be repaid primarily from ad valorem levies. Other types of long-term debt are as follows: u .. u .., ,-.J --, u " u ., u ,..., u ~ o Certificates of Indebtedness - These ceniflcates were issued to fmance the purchase of equipment. They will be retired from ad valorem levies and transfers from other funds. o Assessments on City Property - These are special assessments for improvement projects which benefitted specific parcels of land owned by the City. They will be retired through payments from the City funds that "own" the specific parcels of land. o Contracts for Deed Payable - In August 1991, the City entered into an agreement to purchase a piece of land. The total cost of the land was $56,100, consisting of a cash payment of $8,670 and a contract for deed for the remaining $47,430. The contract for deed bears an annual interest rate of 9.0% and calls for bi-annual payments through August 1, 1996. In June 1993, the City entered into an agreement to purchase a piece of land. The total cost of the land was $20,000, consisting of a cash payment of $7,000 and a contract for deed for the remaining $13,000. The contract for deed bears an annual interest rate of 8.5% and calls for monthly payments through May 1, 1996. o Compensated Absences Payable - TIlls liability represents vested vacation and sick leave benefits earned by employees of the govenunental funds through the end of the year which will be paid or used in future periods. All long-term debt is backed by the full faith and credit of the City. u '\ E. Resources to Meet Future Debt Requirements u " LJ .. u I u ..., ..J o Amounts Available in Debt Service Funds - The fund balance available in the Debt Service Funds for repayment oflong-term debt at December 31, 1995 is $7,848,274. o Amounts to be Provideq for Long-Term Debt - This amount represents future revenue to be generated for debt payments, generally including deferred tax levies, special assessments, tax increments, fund transfers, and interest earnings. Deferred tax levies scheduled to be placed on the tax rolls, as needed, total $8,195,071 at December 31,1995. ,., LJ CITY OF ANDOVER ,.., Notes to Financial Statements (continued) December 31, 1995 l I ,., :-1 NOTE 7 - PROPRIETARY FVNDS' COJ\'TRIBlJTED CAPITAL n L} This balance represents the cost of property contributed to the Proprietary Funds by the City and capital contributed by utility customers, less depreciation thereon charged to the respective funds' operations. Changes occurring in the account during 1995 were as follows: ,.., II ,., Internal Service Enterprise Funds Fund Water Sewer Central Equipment Fund Fund Total Ma intenance Fund Total Balance. beginning of year $ 7.482,406 S 8,790,186 $ 16,272,592 $ 50,000 S 16,322,592 Capital contributed from Capital Project Funds 2,068,361 2.676,225 4,744,586 4,744,586 Capital contributed from utility customers 45,319 45,319 45,319 Less current year's depreciation on contributed assets (212.406) (220.374) (432.780) (432.780) Balance, end of year $ 9.383.680 $ I J .246,037 S 20,629,717 $ 50,000 $ 20,679,717 L) M l J ,.., L} ,., l J rl LJ ,.., NOTE 8 - SEGMENT IJ\'FOR'\1ATION FOR ENTERPRISE FUNDS The City provides services which are accounted for in the Enterprise Funds. The segment information for these funds for the year ended December 31, 1995 is as follows: Water Fund Sewer Fund Total Operating revenue $ 516,891 S 731,370 S 1,248,261 Operating expenses $ 263,675 $ 561,059 $ 824,734 Depreciation ~xpense $ 240,097 $ 236,428 $ 476,525 Operating income (Joss) $ 13,119 $ (66,117) $ (52,998) Net income (Joss) $ 31,002 $ (65,765) $ (34,763) Operating transfers in $ $ 30,500 $ 30,500 Operating transfers (out) $ $ (37,630) $ (37,630) Current capital contributed $ 2,113,680 $ 2,676,225 $ 4,789,905 Property and equipment additions $ 2,193,602 $ 2,693,151 $ 4,886,753 Net working capital $ 719,071 $ 545,628 $ 1,264,699 Total assets $ 10,270,858 $ 11,872,528 $ 22,143,386 Total equity S 10,258,176 S 11,857,252 S 22,115,428 , J " ...1 " LJ ,.., . J n L, .. l J n L I ,., , J r1 l J ..., u ,..., .J ., ..J ..., CITY OF ANDOVER Notes to Financial Statements (continued) December 31, 1995 NOTE 9 - INTERFL'!-<"D RECEIVABLES AND PAYABLES LJ ..., Individual fund interfund receivables and payables at year-end were as follows: Interfund Interfund Fund Receivable Payable General Fund $ 20,000 $ Kelsey Round Lake Park Capital Project Fund 20,000 S 20,000 S 20,000 '..J . , L.J " _ J ., -l NOTE 10 - TRANSFERS ..., The following transfers were made during the year ended December 31, 1995: u A. Operating Transfers ~ U Transferred To General Fund ..., :,.J General Fund " Drainage and Mapping Special Revenue Fund Certificates of Indebtedness Debt Service Fund Improvement Bonds Series 1986B Account Debt Service Fund Improvement Bonds Series 1986B Account Debt Service Fund Unfinanced Improvement Account Capital Project Fund Water Trunk Account Capital Project Fund Storm Sewer Trunk Account Capital Project Fund Sewer Trunk Account Capital Project Fund Compensated Absences Expendable Trust Fund ...J " L1 ~ '..J ..., L1 n LJ """' u ..., LJ n LJ Transferred From Permanent Improvement Revolving Capital Project Fund Administrative Trust Expendable Trust Fund Permanent Improvement Revolving Capital Project Fund Sewer Enterprise Fund Water Trunk Account Capital Project Fund Sewer Trunk Account Capital Project Fund TIF Project 1-1 Account Capital Project Fund Permanent Improvement Revolving Capital Project Fund Permanent Improvement Revolving Capital Project Fund Permanent Improvement Revolving Capital Project Fund General Fund Amount Description S 229,988 To finance operating expenses from prior year's bond proceeds. 71,000 To fund administrative costs. 23,253 To finance operating expenses from prior year's bond proceeds. 37,630 To transfer funds per adopted budget. 225,822 To reimburse debt service for principal payments made. 137,178 To reimburse debt service for principal payments made. 9,868 To provide funding for previously unfmanced improvement projects. 688,300 To finance operating expenses from prior year's bond proceeds. 42,079 To finance operating expenses from prior year's bond proceeds. 266,597 To finance operating expenses from prior year's bond proceeds. 8,000 To transfer funds per adopted budget. (continued) ,., LJ CITY OF ANDOVER M , J Notes to Financial Statements (continued) December 31, 1995 NOTE 10 - TR4..N'SFERS (C01'.'TI1\lJED) Transferred To Central Equipment Maintenance Internal Service Fund Improvement Bonds Series 1995A Construction Account Capital Project Fund Untinanced Improvement Account Capital Project Fund Sewer Enterprise Fund B. Residual Equity Transfers Transferred To State-Aid Bonds of 1988 Account Debt Service Fund TIF Projectl-l 1993B Account Debt Service Fund TIF Project 1-2 1994B Account Debt Service Fund Improvement Bonds of 1992 Account Special Assessment Bonds Debt Service Fund Permanent Improvement Revolving Capital Project Fund 1995 Equipment Capital Project Fund 1995 Equipment Capital Project Fund TIF Commercial Revitalization Account Tax Increment Capital Project Fund TIF Project 1-1 Account Tax Increment Capital Project Fund 1995 Park Capital Project Fund Permanent Improvement Revolving Capital Project Fund Permanent Improvement Revolving Capital Project Fund Transferred From General Fund Untinanced Improvement Account Capital Project Fund Improvement Bonds Series I 995A Construction Account Capital Project Fund Sewer Trunk Account Capital ProjecJ Fund Transferred From State, Aid Bonds of 1984 Account Debt Service Fund TIF Commercial Revitalization Account Debt Service Fund TIF Commercial Revitalization Account Debt Service Fund Permanent Improvement Revolving Capital Project Fund Improvement Bonds of 1979 Account Special Assessment Bonds Debt Service Fund 1992 Equipment Capital Project Fund 1994 Equipment Capital Project Fund TIF Project 1-2 Account Tax Increment Capital Project Fund TIF Project 1.2 Account Tax Increment Capital Project Fund Permanent Improvement Revolving Capital Project Fund Improvement Bonds Series 1992 Construction Account Special Assessment Capital Project Fund Improvement Bonds Series 1993A Construction Account Special Assessment Capital Project Fund n L} ,., l } Amount Description ,., 31,500 To transfer funds per adopted budget. 4,550 To tinance operating expenses from prior year's bond proceeds. l I n l.-) 111,571 To provide funding for previously unfmanced improvement projects. ,..., 30,500 To transfer funds per adopted budget. l } ,., S 1.917.836 , ) ,..., , / Amount Description S 488 To close State-Aid Bonds of 1984 Account Debt Service Fund. 612 To close TIF Project 1.1 Account Debt Service Fund 200,404 To close TIF Project 1-2 Account Debt Service Fund 263,129 To close Improvement Bonds of 1992 Account Special Assessment Bonds Debt Service Fund. 34,038 To close Improvement Bonds of 1979 Account Special Assessment Bonds Debt Service Fund. 6,109 To close 1992 Equipment Capital Project Fund. 38,323 To close 1994 Equipment Capital Project Fund. 222,629 To close TIF Project 1-2 Account Tax Increment Capital Project Fund. 578,156 To close TIF Project I-I Account Tax Increment Capital Project Fund. 4,753 To open 1995 Park Capital Project Fund. 945,105 To close Improvement Bonds Series 1992 Construction Account Special Assessment Capital Project Fund. 1.398.809 To close Improvement Bonds Series 1993A Construction ACCOUnt Special Assessment Capital Project Fund. n '_J ,.., l! " 1 J ,., l I r> , } n l.-' ,..., \ I rl , I n S 3.692.555 , J ,..., , , ...., u ..., ...J , ;..j ~ CITY OF ANDOVER Notes to Financial Statements (continued) December 31,1995 NOTE 11 - lJ'.'DIVIDUAL FUl'.'D DISCLOSURES LJ ...., The following funds had a deficit as of December 31, 1995: '...J " .....J ..., Fund Deficit Special Assessment Capital Project Fund Kelsey Round Lake Park Capital Project Fund S 273,382 $ 24,220 <) The deficit in these funds will be fmanced either through available future tax levies or increments, special assessment revenue, or through transfers from other funds. ., --J For various reasons, certain funds have a portion of their fund equity designated or reserved for specific purposes. A discussion of each such item as it appears on the Combined Balance Sheet follows: ..., LJ ..., .J ...., U " ~J ...., ...J ....., ~ J ...., L1 ..., LJ o Reserved for Debt Service - These amounts represent fund balances which are presently conunitted to provide financial resources to pay principal and interest on the City's General Obligation Bonds and Certificates of Indebtedness. o Designated for Employee Benefits - The balances in the City's Flexible Benefits and Compensated Absences Expendable Trust Funds are designated for future employee benefit payments. o Designated for Assessment Administration - The balance in the Administrative Trust Expendable Trust Fund is designated for special assessment project administration. o Designated for Working Capital - This amount represents funds set aside by the City to provide positive cash flow for the next fiscal year. o Designated for Capital Projects - These amounts represent assets which are presently conunitted to construct various capital projects or acquire major capital items. o Designated for Equipment - This amount represents assets which are presently committed for the purchase of equipment. o Designated for Future Expenditures - These amounts represent fund balances which are presently conunitted for future expenditures. ...., For 1995, expenditures at the fund level exceeded appropriations as follows: u ...., u ...., u Amount Over Budget Debt Service Funds State-Aid Bonds Special Assessment Bonds S 7 S 701,100 r; t J ,...., CITY OF ANDOVER LJ Notes to Financial Statements (continued) December 31, 1995 r1 , J n NOTE 12 - DEF~"ED BENEFIT PENSION PLANS - STATEWIDE l J A. Plan Description ,...., , } All full-time and certain pan-time employees of the City of Andover are covered by defined benefit plans administered by the Public Employees' Retirement Association of Minnesota (PERA). PERA administers the Public Employees: Retirement Fund (pERF) and the Public Employees' Police and Fire Fund (pEPFF) which are cost-sharing, multiple-employer retirement plans. These plans are established and administered in accordance with Minnesota Statutes, Chapters 353 and 356. ,...., L) ,.., PERF members belong to either the Coordinated Plan or the Basic Plan, Coordinated Plan members are covered by Social Security and Basic Plan members are not. All new members must panicipate in the Coordinated Plan. All police officers, fire fighters, and peace officers who qualify for membership by statute are covered by the PEPFF. The payroll for employees covered by PERF and PEPFF for the year ended December 31, 1995 was $1,147,645 and 531,172, respectively; the City's total payroll was SI,423,608. \ J n L, ,...., , J PERA provides retirement benefits as well as disability benefits to members, and benefits to survivors upon the death of eligible members. Benefits are established by state statute,. and vest after three years of credited service. The defmed retirement benefits are based on a member's highest average salary for any five successive years of allowable service, age, and years of credit at tennination of service. Two methods are used to compute benefits for Coordinated and Basic Plan members. The retiring member receives the higher of a step-rate benefit accrual fonnula (Method 1) or a level accrual formula (Method 2). Under Method 1, the annuity accrual rate for a Basic Plan member is 2.0% of the average salary for each of the first ten years of service and 2.5% for each remaining year. For a Coordinated Plan member, the annuity accrual rate is 1.0% of the average salary for each of the first 10 years and 1.5 % for each remaining year. Using Method 2, the annuity accrual rate is 2.5 % of the average salary for Basic Plan members and 1.5 % for Coordinated Plan members. For PEPFF members, the annuity accrual rate is 2.65 % for each year of service. For PERF members whose annuity is calculated using Method I, and for all PEPFF members, a full annuity is available when age plus years of service equal 90. A reduced retirement annuity is also available to eligible members seeking early retirement. ,...., L l n . J ,...., ~ J ,...., . j ,...., I J There are different types of annuities available to members upon retirement. A normal annuity is a lifetime annuity that ceases upon the death of the retiree. No survivor annuity is payable. There are also various types of joint and survivor annuity options available which will reduce the monthly nonnal annuity amount, because the annuity is payable over joint lives. Members may also leave their contributions in the fund upon termination of public service, in order to qualify for a deferred annuity at retirement age. Refunds of cOlllributions are available at any time to members who leave public service, but before retirement benefits begin. ,.-, Ll ,...., l' ,.., The benefit provisions stated in the previous paragraphs of this section are current provisions and apply to active plan panicipants. Vested, tenninated employees who are entitled to benefits but are not receiving them yet, are bound by the provisions in effect at the time they last tenninated their public service. , I r; .. J .-, ... I .., ~j ..., CITY OF ANDOVER . , ~ '\ Notes to Financial Statements (continued) December 31, 1995 '-1 .., NOTE 12 - DEFINED BENEFIT PENSION PLAl~S - STATEWIDE (COl'.'TII\"UED) w ., B. Contributions Required and Contributions Made I..j Minnesota Statutes Chapter 353 sets the rates for employer and employee contributions. The City makes annual contributions to the pension plans equal to the amount required by state statutes. According to Minnesota Statutes Chapter 356.215, Subd. 4(g), the date of full funding required for the PERF and the PEPFF is July 1, 2020. As part of the annual actuarial valuation, PERA's actuary determines the sufficiency of the statutory contribution rates towards meeting the required full funding deadline. The actuary compares the actual contribution rate to a "required" contribution rate. The required contribution rate consists of (a) normal costs based on entry age normal cost methods, (b) a supplemental contribution for amortizing any unfunded actuarial accrued liability by the date required for full funding, and (c) an allowance for administrative expenses. Current combined statutory contribution rates and actuarially required contribution rates for the plans are as follows: ....J ~ ....J .., ""' ..J LJ Statutory Rates Employees Employer Required Rates '" n u PERF (Basic and Coordinated Plans) PEPFF 4.31 % 7.60% 4.60% 11.40% 9.76% 19.00% .., -. * The recommended rates scheduled above represent the required rates for fiscal year 1995 contributions as reported in the July 1, 1994 actuarial valuation reports. :....J " u Total comributions made by the City during fiscal year 1995 were: u Percentage of Amounts Covered Payroll Employees Employer Employees Employer PERF S 48,564 S 51,435 4.23% 4.48% PEPFF S 2,369 S 3,554 7.60% 11.40 % ....., -. '.-j -- u The City's contribution for the year ended December 31,1995 to the PERF represented 0.04% of total contributions required of all participating emities. For the PEPFF, contributions for the year ended December 31, 1995 represented 0.01 % of total contributions required of all participating entities. ,...., Ll ~ '....i , u ...., u ,.., , J CITY OF ANDOVER r1 " J Notes to Financial Statements (continued) December 31, 1995 n , I n NOTE 12 - DEFINED BENEFIT PE:"\SION PLANS - STATE\-\1DE (CONTINUED) , J C. Funding Status and Progress n 1. Pension Benefit Obligation LJ The "pension benefit obligation" is a standardized disclosure measure of the present value of pension benefits, adjusted for the effects of projected salary increases and step-rate benefits, estimated to be payable in the future as a result of employee service to date. The measure is the actuarial present value of credited projected benefits and is intended to help users assess PERA's funding status on a going-concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among Public Employee Retirement Systems and participating employers. The measure is independent of the actuarial funding method used to determine required contributions. PERA does not make separate measurements of assets and pension benefit obligation amounts for individual participating employers. n L) ,.., .1 r~ L J ,.., The pension benefit obligations for the PERF and PEPFF as of June 30, 1995 are shown below: , J PERF PEPFF r1 L.) Total pension benefit obligation $ 5,994,492,000 S 1,113,225,000 r" Net assets available for benefits, at cost (market values for PERF = 55,266,688,000; PEPFF = $1,445,345,000) , J 5,074,357,000 1,356,179,000 " Unfunded (assets in excess of) pension benefit obligation , J $ 920,135,000 $ (242,954,000) n The pension benefit obligation was detennined as part of an actuarial valuation at July 1, 1995. l J ~ For the PERF, significant actuarial assumptions used in the calculation of the pension benefit obligation include: (a) a rate of return on the invesnnent of present and future assets of 8.5 % per year, compounded annually, prior to retirement, and 5.0% per year, compounded annually, following retirement; (b) projected salary increases taken from an age related table, which incorporates a 5.0% base inflation assumption; (c) payroll growth at 6.0% per year, consisting of 5.0% for inflation and 1.0% due to growth in group size; (d) post-retirement benefit increases that are accounted for by the 5.0% rate of return assumption following retirement; and (e) mortality rates based on the 1983 Group Annuity Mortality Table set forward one year for retired members and set back five years for each active member. l } ,...., , l r1 . J r"' L I M LI ,.., , 1 ~ ~) CITY OF ANDOVER .., LJ Notes to Financial Statements (continued) December 31, 1995 ~ :-l ..., NOTE 12 - DEFINED BENEFIT PENSION PLANS - STATE\VIDE (CONTINUED) .~ --J Actuarial assumptions used in the calculation of the PEPFF include: (a) a rate of return on the investment of present and future assets of 8.5% per year, compounded annually, prior to retirement, and 5.0% per year, compounded annually, following retirement; (b) projected salary increases of 6.5% per year, compounded annually, attributable to the effects of inflation; (c) post- retirement increases that are accounted for by the 5.0% rate of return assumption following retirement; and (d) mortality rates based on the 1971 Group Annuity Mortality Table projected to 1984 for males and females. .4 .-, L.J , 2. Changes in Actuarial Assumptions and Methods -J ~~ Since the July I, 1994 actuarial valuation, there were no changes in actuarial assumptions of the PERF and the PEPFF which impacted funding costs. '..J u Potential changes in the actuarial assumptions used for the PEPFF may be made in the future. Results of an experience study for the fund during the four-year period ending June 30, 1994, disclosed (a) retirees are living longer; (b) the expected active member death rate is declining; (c) the trend toward earlier retirement continues; and (d) the pattern of salary increases varies substantially by ages, with a strong merit and seniority component evident at the younger ages. Based on these results, PERA will soon consider revising the actuarial assumptions for retirement age, mortality, payroll growth, and individual salary increases. These changes, if adopted within fiscal year 1996, will significantly impact the July 1, 1996 actuarial valuation of the PEPFF. ...., u ...., ., ...J 3. Changes in Benefit Provisions " u The 1995 legislative session did not include any benefit improvements which would impact funding costs for the PERF and the PEPFF. .., LJ D. Ten-Year Historical Trend Information " Ten-year historical trend information is presented in PERA's Comprehensive Annual Financial Report for the fiscal year ended June 30, 1995. This infonnation is useful in assessing the pension plan"s accumulation of sufficient assets to pay pension benefits as they become due. .....J ~ u E. Related Party Investments ...., As of June 30, 1995, and for the fIScal year then ended, PERA held no securities issued by the City or other related parties. ....J '-, , ' ..... ..., '.....J. .-, u " o.....l CITY OF ANDOVER r> Notes to Financial Statements (continued) December 31, 1995 ~J n L1 NOTE 13 - DEFL~'ED CONTRIBUTION PLAN - FIRE FIGHTERS' RELIEF ASSOCLo\TION n I I A. Plan Description r-, Members of the City's volunteer fire department are members of the Andover Fire Fighters' Relief Association. The Association is a single-employer defmed contribution plan that was established in 1979, and operates under the provisions of Minnesota Statutes S 69 and 424A, as amended. It is governed by a Board consisting of ,six officers and trustees elected by the members of the Association for three-year terms. The City Mayor, City Clerk, and Fire Chief are ex-officio members of the Board of Trustees. The payroll for City employees who are members of the Association for the year ended December 31, 1995 was $159,155. The City's total payroll was $1,423,608. LJ ~ L J r> \ J For financial reporting purposes, the Association's financial statements are not included in the City of Andover's fmancial statements because the Association is not a component unit of the City. r1 l.' B. Pension Benefits n Minnesota State Statutes Chapters 424 and 424A authorize pension benefits for volunteer fire relief associations. A fire fighter who completes at least 20 years as an active member of the municipal fire department to which the Association is associated, and has been a member of the Relief Association for at least 10 years prior to retirement after age 50, is entitled to a service pension upon retirement. , J n L1 The service pension prescribed by the Association's bylaws is a lump sum settlement equal to the amount in the individual member's account at the time of retirement. The individual member accounts are credited with an equal share of: any fire state-aid received by the Association, any municipal contributions to the Association, and any other assets of the Association's Special Pension Fund. n , J n L I The bylaws of the Association also provide for a reduced service pension for a retiring member who has completed fewer than 20 years of service. The reduced pension, available to members with 10 years of service, shall be equal to 60% of the pension as prescribed by the bylaws. This percentage increases 4% per year so that at 20 years of service, the full amount prescribed is paid. ~ ..J " A member of the Association who has completed 20 or more years of active service with the fire deparnnent prior to reaching age 50, has the right to retire from the department without forfeiting the right to a service pension. The member shall be placed on the deferred pension roll. Upon reaching age 50, the member may apply for the standard service pension as described above. The Association shall pay interest on the deferred service pension during the period of deferral. The interest rate will be compounded annually, at the rate actually earned on the assets of the Special Pension Fund, not to exceed 5 % per year. ~ J n 1 J n An active member of the Association who becomes disabled to the extent that a physician shall certify that such disability will permanently prevent the member from performing his duties in the Andover Fire Deparnnent, is entitled to a disability pension equal to the balance in the member's account after 100 days of disability. If a member who has received such a disability pension should subsequently recover and rerum to active duty in the Andover Fire Department, any amount paid to him as a disability pension shall be deducted from his service pension accrued at the time of such disability. , , r-, , I n _ J n , I ~ d CITY OF ANDOVER ..., :...J Notes to Financial Statements (continued) December 31, 1995 ", :...J ..., NOTE 13 - DEFINED CONTRIBUTION PLAN - FIRE FIGHTERS' RELIEF ASSOCIATION (CONTINUED) _I ....., Upon the death of any member of the Association who is in good standing at the time of death, the Association shall pay the member's spouse, children, or estate the balance of the member's account at the date of payment. ....J ~ -1 The City of Andover has the power to levy property taxes at the direction and for the benefit of the Association, and passes through state aids allocated to the plan, in accordance with enabling state statutes. " l) C. Contributions Required and Contributions Made ..., The City's contributions under the plan, determined by the Association's Board of Trustees and ratified by the City Council in accordance with enabling state statutes, is $750 per member per year. ..J ..., In 1995, the City contribl1led $72,390 to the Association, consisting of $40,140 state aid and $32,250 fulfllling the City's $750 per member contribution obligation for the year ended December 31, 1995. The City's contribution represents 20.26% of covered payroll. ~ ..., u NOTE 14 - TAX INCREMENT FINANCING DISTRICT ...., The City is the administering authority for the following tax increment fmancing district: L.1 " LJ Tax Increment District - Development District No. 1 ..., L.J Type of District Redevelopment -. Chapter Year Established Final year of District 472 1986 2012 ___J ..., u Original Tax Capacity Current Tax Capacity (For Taxes Collectible in 1995) Captured Tax Capacity Retained by Authority $ 86,765 $ 757,163 $ 670,398 $ 8,730,000 1,460,000 $ 7,270,000 r, ...j ~ Total Tax Increment Bonds Issued Amounts Redeemed '...j Bonds Outstanding - End of Year ..., L1 ..., u n. l ) CITY OF ANDOVER n Notes to Financial Statements (continued) December 31, 1995 ~ J r, L~' NOTE 15 - FLEXIBLE BEf'oi"EFIT PLAN r1 1 .' The City offers a flexible benefit plan. The plan is a "cafeteria plan" under ~ 125 of the Internal Revenue Code. All employees who meet the eligibility requirements may participate in the plan. To be eligible an employee must be regularly scheduled to work 40 hours per week. n l I Eligible employees can elect to participate by contributing pre-tax dollars withheld from payroIl checks to the plan for health and dental care, dependent care, and other qualifying insurance benefits. Payments are made from the plan to panicipating employees upon submitting a request for reimbursement of eligible expenses actuaIly incurred by the panicipant. r , J r1 , J AIl assets of the plan are held by the City. The plan is administered by the City for child care, out-of- pocket medical expense reimbursements, and qualifying insurance premiums. The plan is included in the [mancial statements as an Expendable Trust Fund. n L J All plan property and income attributable to that property is solely the property of the City, subject to the claims of the City's general creditors. Panicipants' rights under the plan are equal to those of general creditors of the City in an amount equal to the eligible health care and dependent care expenses incurred by the panicipants. The City believes that it is unlikely that it will use the assets to satisfy the claims of general creditors in the future. n l J n LJ NOTE 16 - DEFERRED COMPENSATION PLANS n l J The City offers its employees deferred compensation plans created in accordance with Internal Revenue Code ~ 457. The plans, available to all employees, permit them to defer a portion of their salary until future years. The deferred compensation is not available to employees until termination, retirement, death, or unforeseen emergency. ...... , J n AIl amounts of compensation deferred under the plans, all property and rights purchased with those amounts, and all income attributable to those amounts are solely the property and rights of the City, subject to the claims of the City's general creditors. Panicipants' rights under the plans are equal to those of general creditors of the City in an amount equal to the fair market value of the deferred account for each panicipant. LJ " . I n The City has no liability for losses under the plans but does have the duty of due care that would be required of an ordinary prudent investor. The City believes that it is unlikely that it will use the assets to satisfy the claims of general creditors in the future. I I n l j n 1 .. n . J n , J .., ...J CITY OF ANDOVER ~ LJ Notes to Financial Statements (continued) December 31, 1995 .., ~ .., NOTE 17 - COM:MITMENTS A.1W CONTINGENCIES ..J A. Commitments for Construction .~ u At December 31, 1995, the City is committed to a number of contracts for various construction projects that were not completed by year-end. The City's remaining commionent under such contracts is approximately $247,872. -, , J B. Federal Revenue' ...., :...J Amounts received or receivable from federal and state agencies are subject to agency audit and adjusonent. Any disallowed claims, including amounts already collected, may constitute a liability of the applicable funds. The amount, if any, of funds which may be disallowed by the agencies cannot be determined at this time, although the City expects such amounts, if any, to be immaterial. -, u ~ NOTE 18-SUBSEQUENTEVENT u -, In April 1996, the City was awarded $108,537 in settlement of a lawsuit. The City had brought suit to recover part of its loss in the Piper Jaffray "Institutional Government Income Portfolio Fund." The first payment received in April 1996 represented 25 % of the principal settlement. The remaining payments should be received in December 1996 or January 1997, August 1997, and August 1998, representing 50%, 12.5%, and 12.5%, respectively. :...J '1 I J n L.J ..., u ." L.J ..., u n L.J ., u ..., , , ...., u